Effective Date: October 28, 2024

Welcome to BallerTube.com. By accessing or using our website, services, mobile applications, or any content provided by BallerTube.com (collectively, the "Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should discontinue using our Services immediately.

Effective Date: October 28, 2024

Welcome to BallerTube.com. By accessing or using our website, services, mobile applications, or any content provided by BallerTube.com (collectively, the "Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should discontinue using our Services immediately.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you are at least 13 years of age and capable of entering into a binding contract. If you are under 13, you are not permitted to use our Services. If you are between 13 and 18, you may use the Services only with the involvement of a parent or guardian who agrees to be bound by these Terms.

2. User Account and Security

Account Creation: To access certain features, you may be required to create an account, provide accurate information, and update your details if they change. You are responsible for safeguarding your login credentials.

Account Use: You agree to use your account solely for personal or authorized professional purposes. You are responsible for all activities that occur under your account.

Account Termination: We reserve the right to suspend or terminate any account that violates these Terms or that is used inappropriately or unlawfully.

3. Content Submission and Intellectual Property

User Content: You may submit, upload, or post content such as videos, photos, and comments (collectively, "User Content"). You retain ownership of your content but grant BallerTube a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, publish, publicly display, and distribute your User Content for purposes related to the Services.

Intellectual Property Rights: BallerTube respects the intellectual property rights of others and expects users to do the same. You represent and warrant that you own or have the necessary licenses, rights, or permissions to submit your User Content and that it does not infringe on any third party’s rights.

Content Removal: BallerTube reserves the right to remove any User Content that violates these Terms, applicable law, or is deemed inappropriate, at our sole discretion, without notice.

4. Prohibited Conduct

Users agree not to:

• - Post or transmit unlawful, harmful, or abusive content.
• - Engage in any activity that could disable, overburden, or impair the functionality of the Services.
• - Circumvent or interfere with security features or other elements intended to protect the Services and users.
• - Engage in unauthorized scraping, copying, or downloading of data.
• - Harass, abuse, or harm other users of the Services.
• - Use the Services for any commercial or unauthorized purposes unless expressly permitted by BallerTube.

5. Privacy and Data Collection

Please refer to our Privacy Policy for details on how we collect, use, and protect your Personal Information.

6. Intellectual Property of BallerTube

All content, trademarks, graphics, logos, designs, and software on BallerTube (collectively, "BallerTube Content") are the property of BallerTube or its licensors and are protected by intellectual property laws. You agree not to copy, distribute, modify, or create derivative works of any BallerTube Content without prior written consent.

7. Copyright Infringement Policy

DMCA Compliance: If you believe your copyrighted work has been infringed, you may submit a DMCA notice to our designated Copyright Agent as outlined in our Copyright Policy.

Counter-Notice:: If you believe your content was removed by mistake or misidentification, you may submit a counter-notice. Please be aware that filing a false DMCA notice or counter-notice may result in liability.

8. Advertising and Sponsorship

BallerTube may display advertisements and sponsored content alongside User Content. These ads are intended to fund the Services. You agree that BallerTube may place ads on your content or in your user experience without compensation to you. BallerTube may use your User Content and public profile information for advertising purposes without additional consent or compensation.

9. Disclaimers

No Warranty: BallerTube provides its Services on an “as-is” and “as-available” basis. To the maximum extent permitted by law, BallerTube disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Content Accuracy:: While we strive for accuracy, BallerTube makes no warranties about the completeness, reliability, or accuracy of any content available through the Services. We do not endorse any opinions or recommendations expressed in User Content.

Limitation of Liability: BallerTube is not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Services.

10. Indemnity

You agree to indemnify, defend, and hold harmless BallerTube, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

11. Dispute Resolution and Governing Law

Arbitration: By using the Services, you agree to resolve any disputes with BallerTube through binding arbitration rather than in court, except for claims that qualify for small claims court.

Class Action Waiver: You agree that any arbitration or legal action related to these Terms will be conducted on an individual basis. Class or collective actions are not permitted.

Governing Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

12. Modifications and Termination of Service

BallerTube reserves the right to modify, suspend, or terminate the Services or your access to the Services at any time for any reason, including violation of these Terms, without liability or notice.

13. Third-Party Links and Services

The Services may contain links to third-party websites or services. BallerTube does not endorse these third parties and is not responsible for their content or services. Your use of third-party websites or services is at your own risk.

14. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy and other policies incorporated by reference, constitute the entire agreement between you and BallerTube regarding the use of the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Waiver: The failure of BallerTube to enforce any right or provision of these Terms will not constitute a waiver of such right or provision

15. Fair Use of Videos and Content

BallerTube respects the intellectual property rights of all creators and entities involved in sports media. The following guidelines apply to the fair use of videos and other content uploaded to the platform:

Permissible Fair Use: Users may upload short video clips for commentary, criticism, teaching, or other purposes generally considered “fair use” under U.S. copyright law. However, BallerTube cannot guarantee that all uses qualify as fair use and advises users to consult relevant copyright laws or obtain permission when in doubt.

Third-Party Content in Videos: f your uploaded content includes third-party material (such as highlights from games or audio clips), you must ensure that such content is either original, licensed, or complies with fair use standards. Unauthorized use may result in takedown requests and potential account suspension.

User Responsibility: Users acknowledge that they are solely responsible for ensuring that their content complies with fair use and other applicable copyright laws. BallerTube is not liable for content removal or copyright claims arising from misuse of third-party content.

Reporting Copyright Infringement: BallerTube provides a process for copyright holders to report alleged infringements and will respond to takedown requests in compliance with the DMCA.

BallerTube Content Policy and Verification Procedures

1. Content Provider Agreement

Ownership: By uploading content to BallerTube, users affirm that they own or have obtained all necessary rights and licenses to broadcast, distribute, and display their content. This includes permissions from any individuals or entities featured in the media.

Licensing: Content providers grant BallerTube a non-exclusive, royalty-free license to host, display, and share the content as part of the platform's services.

2. Verification of Content Rights

Verification Process: All uploaded content is subject to verification. This includes automated checks to detect potential copyrighted material and, where necessary, manual review by our moderation team.

Documentation: BallerTube reserves the right to request documentation or proof of licensing for any uploaded content if ownership is in question.

Age Verification: If content includes minors, providers must verify and document that appropriate permissions and releases are in place.

3. Pay-Per-View Event Clearance

Pre-Approval Requirement: All pay-per-view events must be cleared by site moderators in advance. Content providers must submit requests for pay-per-view streaming and provide evidence of rights to the event.

No Third-Party Event Streaming: BallerTube does not permit pay-per-view streaming of third-party events. Only original content produced and owned by the content provider may be eligible for pay-per-view.

4. DMCA Compliance and Takedown Procedures

DMCA Policy: BallerTube fully complies with the Digital Millennium Copyright Act (DMCA). A DMCA Takedown Notice may be submitted if a rights holder identifies infringing content. Upon receipt, BallerTube will review and, if necessary, remove the infringing material.

Counter-Notification: If the content provider believes their content was removed in error, they may submit a counter-notification to have the content restored, subject to legal requirements.

5. Community Reporting Mechanism

Content Reporting: BallerTube encourages users to report content they suspect may violate copyright, privacy rights, or other platform policies. Our moderation team promptly reviews all reports and takes appropriate action, which may include content removal and account suspension.

6. Prohibited Content

Infringing Content: Uploading content that violates copyright, privacy, or intellectual property rights is strictly prohibited.

Illegal and Harmful Content: Content that promotes illegal activities, hate speech, harassment, or explicit material is not allowed and will be removed upon identification.

7. Fair Use and Educational Content

Fair Use: BallerTube acknowledges the principle of fair use, which may allow limited use of copyrighted material under specific circumstances. However, content providers are responsible for ensuring that their use of copyrighted material qualifies as fair use.

8. Content Removal and Appeals Process

Removal: BallerTube reserves the right to remove content that violates this policy. Content providers will be notified of any removals and the reason behind them.

Appeals: Providers may appeal content removals within 14 days, providing documentation or reasoning supporting their rights to the content. Appeals are reviewed by a senior moderator.

9. Acknowledgment of Responsibility

Content Provider Responsibility: All users acknowledge their responsibility for the content they upload, including verifying that they hold necessary rights. Violation of these terms may result in account suspension or termination.

BallerTube Minor Protection and Privacy Policy

1. Parental Consent Requirement

By accessing or using the Services, you confirm that you are either:
• At least 13 years of age and capable of entering into a binding contract; or
• Under 13 years of age, in which case a parent or legal guardian must access and use the Services on your behalf, including uploading any content.

In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information directly from children under the age of 13. Any content or information associated with users under 13 must be submitted by a parent or legal guardian who agrees to these Terms and consents to the collection, use, or disclosure of information on their behalf.

Under 18: All content featuring individuals under the age of 18 must have explicit, documented consent from a parent or legal guardian. Content providers are responsible for obtaining this consent before uploading any media featuring minors.

Verification: BallerTube reserves the right to request proof of parental consent for any content involving minors. Failure to provide proof may result in content removal or account suspension.

2. Children’s Online Privacy Protection Act (COPPA) Compliance

Under 13 Restrictions: BallerTube prohibits the collection of personally identifiable information from children under the age of 13. Content providers may not upload content that includes personal information (such as full names, addresses, or other identifiers) of children under 13 without explicit parental consent.

Privacy Notice: Content providers must agree to BallerTube’s privacy policy, which outlines the limited data collected for minors and ensures this data is protected in compliance with COPPA. This privacy policy is publicly available for parents to review.

3. No Monetized or Pay-Per-View Content Featuring Minors Under 13

Age Restriction for Pay-Per-View Content: BallerTube does not allow pay-per-view or other monetized content involving minors under the age of 13. For pay-per-view events with minors aged 13-17, documented parental consent is required, and content must be pre-approved by BallerTube moderators.

No Third-Party Event Streaming: BallerTube prohibits pay-per-view streaming of third-party events involving minors unless the content provider has explicit rights and permission to broadcast. Content providers are responsible for ensuring they hold appropriate licenses for any third-party event.

4. Right to Publicity and Privacy for Minors

Consent for Commercial Use: Content providers must obtain a signed release from a parent or legal guardian before uploading any media featuring minors for commercial purposes. This includes any monetized videos, paid events, or sponsored content.

Responsibility of Content Providers: By uploading media featuring minors, content providers affirm that they have obtained all necessary permissions and releases. BallerTube may request these releases at any time for verification purposes.

5. Age Verification Procedures

Proof of Age: BallerTube reserves the right to request proof of age for individuals featured in uploaded content. If age cannot be verified or the content does not meet BallerTube’s standards for minor protection, the content may be removed.

Minors in Pay-Per-View Content: For any pay-per-view or monetized content featuring individuals under 18, providers must submit documentation confirming parental consent, age verification, and any other relevant legal requirements.

6. Compliance with International Privacy Laws (GDPR)

International Compliance: For users and viewers outside of the U.S., BallerTube complies with international privacy laws, such as the GDPR, which apply additional privacy protections for minors. Content providers targeting international audiences should ensure compliance with these laws.

7. Community Reporting Mechanism

Reporting Violations: BallerTube encourages users to report any content they believe may violate minor protection standards, including lack of consent, unauthorized third-party events, or privacy concerns. Our moderation team will promptly review these reports.

8. Policy Violations and Consequences

Content Removal: Content found to be in violation of BallerTube’s Minor Protection Policy will be removed immediately. Repeated violations may lead to account suspension or permanent ban.

Appeals Process: Content providers may appeal content removal by submitting additional documentation or proof of compliance with this policy. Appeals will be reviewed by a senior moderator.

9. Special Provisions for Paid Performances

Child Performer Laws Compliance: For content where minors receive compensation, such as monetized events, content providers must comply with applicable child performer laws, including work permits and Coogan Accounts where required by state law.

Documentation Requirements: Content providers may be required to submit additional documentation for paid content featuring minors to verify compliance with child labor laws.

For questions or concerns about these Terms, please contact us at:
Email: support@ballertube.com