Effective Date: October 1, 2023

These Terms and Conditions (“Terms”) govern your use of BallerTube.com (“BallerTube,” “we,” “us,” or “our”). By accessing or using any part of the Website (including creating an account or uploading content), you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to any of these Terms, you must immediately discontinue using the Website.

1. Acceptance of Terms

By using the Website, you agree to comply with these Terms and all applicable laws and regulations. BallerTube reserves the right to modify these Terms at any time without prior notice. Modifications become effective immediately upon posting. Your continued use of the Website constitutes acceptance of any such modifications. You are responsible for regularly reviewing these Terms.

2. Eligibility

You must be at least 13 years of age to use BallerTube. If you are under 18, you must have explicit permission from a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Website, you represent that you meet these eligibility requirements.

3. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your account information up to date.
• Maintain the confidentiality of your login credentials.
• Be solely responsible for all activities that occur under your account. BallerTube disclaims any liability for any unauthorized use of your account. If you believe your account has been compromised, you must notify us immediately.

4. User Content

Ownership: You retain ownership of any content, including videos, images, and comments (“User Content”) that you upload. However, by uploading content to BallerTube, you grant us a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your content in connection with the Website and its promotion.

Content Responsibility: You are solely responsible for your User Content. By submitting content, you represent and warrant that:

• You own the rights to the content or have obtained all necessary permissions to upload it.
• Your content does not infringe any intellectual property, privacy, publicity, or other legal rights of any third party.
• Your content complies with all applicable laws and does not include offensive, obscene, defamatory, harmful, or illegal material. BallerTube reserves the right to remove, suspend, or disable access to any User Content at its discretion, without prior notice, for any reason, including a breach of these Terms.

5. Prohibited Conduct

You agree not to:

• Use the Website for any unlawful purpose or to solicit illegal activities.
• Upload content that is illegal, offensive, defamatory, obscene, threatening, or discriminatory.
• Impersonate any individual or entity or misrepresent your affiliation with any person or organization.
• Engage in any activity that interferes with the security, integrity, or performance of the Website, including attempting to hack, disrupt, or overload the Website.
• Use bots, spiders, scrapers, or other automated means to access the Website for any purpose.
• Engage in any form of harassment or abusive behavior towards other users.

6. Intellectual Property Rights

All content and materials available on the Website, including but not limited to, text, graphics, logos, videos, and software, are the property of BallerTube or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal and non-commercial purposes. You agree not to:

• Copy, distribute, modify, or create derivative works from any Website content without our express written permission.
• Reverse engineer, decompile, or disassemble any part of the Website or attempt to extract the source code of any software on the Website.

7. Content Aggregation and Fair Use

BallerTube operates as a content aggregator, meaning that we collect and display content from a variety of sources, including user submissions and publicly available content. By using the Website, you acknowledge and agree that:

• BallerTube does not claim ownership of third-party content unless specifically stated.
• All third-party content displayed on BallerTube, including but not limited to images, videos, and articles, is provided for informational purposes only and is displayed under the principle of Fair Use, as defined by U.S. copyright law.

8. Copyright and DMCA Policy

BallerTube respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will promptly respond to claims of copyright infringement committed using the Website. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us with the following information:

• A description of the copyrighted work that you claim has been infringed.
• A description of where the allegedly infringing material is located on the Website.
• Your contact information, including your name, address, telephone number, and email address.
• A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

9. Content Removal and Disputes

If a third-party requests that content be removed due to a violation of intellectual property laws, or if we believe a violation has occurred, we reserve the right to remove any such content at our discretion. However, BallerTube does not guarantee the accuracy or legality of any content and cannot be held liable for any infringing content uploaded by users.

10. Disclaimer of Warranties

No Warranty: BallerTube is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

11. Limitation of Liability

To the fullest extent permitted by applicable law, BallerTube, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, goodwill, data, or other intangible losses, arising out of or related to:

• Your use of or inability to use the Website.
• Unauthorized access to or alteration of your User Content or account.
• Any errors or omissions in content.
• Any conduct of third parties on the Website.

12. Indemnification

You agree to indemnify, defend, and hold harmless BallerTube and its affiliates from any claims arising from your use of the Website.

13. Termination

We reserve the right to suspend or terminate your account for any reason.

14. Dispute Resolution

Any disputes shall be governed by the laws of the State of [Insert State].

15. Class Action Waiver

You agree that disputes will be resolved on an individual basis.

16. Severability

If any provision is held invalid, it will not affect the rest of the Terms.

17. Force Majeure

BallerTube shall not be liable for any failure or delay due to causes beyond our control.

18. Entire Agreement

These Terms constitute the entire agreement between you and BallerTube.

19. Contact Information

If you have any questions, please contact us at:
Email: support@ballertube.com