Terms of Service
BLAXTUBE Terms of Service
Terms of Service
Dated: January 01, 2022
TERMS OF SERVICE
Welcome to Blaxtube!
Thank you for using the Blaxtube platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to discover, watch and share videos and other content, provides a forum for people from Africa and the Diaspora to connect, inform, and inspire others across the Black World, and acts as a distribution platform for original content creators and advertisers large and small. Amongst other things, the Blaxtube Partner Program and Blaxtube Paid Memberships and Purchases. You can also read all about enjoying content on other devices like your television, your games console.
Your Service Provider
The entity providing the Service is Proudli LLC, a company operating under the laws of Delaware, located in Philadelphia, PA (referred to as “Blaxtube”, “we”, “us”, or “our”). References to Blaxtube’s “Affiliates” in these terms means the other companies within the Alphabet Inc. corporate group.
Your use of the Service is subject to these terms, the Blaxtube Community Guidelines and the Policy, Safety and Copyright Policies (together, the “Agreement”). Your Agreement with us will also include the Advertising on Blaxtube Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You may use the Service if you are at least 13 years old; however, children of all ages may use the Service if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on Blaxtube (including how to enable a child under the age of 13 to use the Service and Blaxtube in our Help Center
If you are using the Service on behalf of a company or organization, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Blaxtube or a third party (collectively, “Content”). Content may be provided to the Service and distributed by our users and Blaxtube is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, such as by violating the Community Guidelines or the law, you can report it to us.
You can use parts of the Service, such as browsing and searching for Content, without having a Blaxtube account. However, you do need a Blaxtube account to use some features. With a Blaxtube account, you may be able to like videos, subscribe to channels, create your own Blaxtube channel, and more.
Creating a Blaxtube channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists. Here are some details about how to create your own Blaxtube channel.
To protect your Blaxtube account, keep your password confidential. You should not reuse your Blaxtube account password on third-party applications. Learn more about keeping your Blaxtube account secure, including what to do if you learn of any unauthorised use of your password or Blaxtube account.
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Blaxtube Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show Blaxtube videos through the embeddable Blaxtube player.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from Blaxtube and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with Blaxtube’s robots.txt file; (b) with Blaxtube’s prior written permission; or (c) as permitted by applicable law;
collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with Blaxtube’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Blaxtube policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Blaxtube videos are the only content of value).
Any right not expressly granted to you in this Agreement remains the right of Blaxtube or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).
Develop, Improve and Update the Service
Blaxtube is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Blaxtube Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Blaxtube Account using Blaxtube Takeout, subject to applicable law and policies.
Your Content and Conduct
If you have a Blaxtube channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Blaxtube and other users of the Service, as described below.
Licence to Blaxtube
By providing Content to the Service, you grant to Blaxtube a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
Licence to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
Duration of Licence
The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Blaxtube to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
Right to Monetize
You grant to Blaxtube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from Blaxtube under any other agreement between you and Blaxtube (including for example payments under the Blaxtube Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, Blaxtube will withhold taxes from such payments.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Blaxtube
If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Blaxtube, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Blaxtube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Blaxtube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
Community Guidelines Strikes
Blaxtube operates a system of “strikes” in respect of Content that violates the Blaxtube Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from Blaxtube. A full description of how a strike affects your channel is available on the Community Guidelines Strikes Basics page. If you believe that a strike has been issued in error, you may appeal here.
If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Blaxtube reserves the right to terminate your Blaxtube account or your access to all or part of the Service.
We provide information to help copyright holders manage their intellectual property online in our Blaxtube Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement according to the process in our Blaxtube Copyright Center, where you can also find information about how to resolve a copyright strike. Blaxtube’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension and Termination
Terminations by You
You may stop using the Service at any time. You can also delete the Service from your Blaxtube Account, which involves closing your Blaxtube channel and removing your data, with the option to download a copy of your data first.
Terminations and Suspensions by Blaxtube
Blaxtube reserves the right to suspend or terminate your Blaxtube account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, Blaxtube or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Blaxtube unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Blaxtube or our Affiliates.
Effect of Account Suspension or Termination
If your Blaxtube account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form.
About Software in our Service
When the Service requires or includes downloadable software (such as the Blaxtube Studio application), unless that software is governed by additional terms which provide a licence, Blaxtube gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Blaxtube as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Blaxtube, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Blaxtube’s written permission.
Some software used in our Service may be offered under an open source licence that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
We provide the Service with reasonable care and skill.
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Blaxtube does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.
Limitation of Liability
All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, Blaxtube and its Affiliates will not be responsible for:
losses that were not caused by Blaxtube or its Affiliates’ breach of this Agreement;
any loss or damage that was not, at the time that this Agreement was formed between you and Blaxtube, a reasonably foreseeable consequence of Blaxtube or its Affiliates breaching this Agreement; or
the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
Blaxtube and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
Blaxtube and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that Blaxtube has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to Blaxtube, of the claim and (b) €500, whichever is higher.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, to reflect changes to our Service or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Blaxtube may transfer all or part of this Agreement to an Affiliate or, if Blaxtube is sold, to a third party.
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
This Agreement, and your relationship with Blaxtube under this Agreement, will be governed by English Law, and legal disputes may be brought in the courts of England and Wales.
If mandatory local law prohibits a dispute under this Agreement from being resolved by the courts of England and Wales, disputes can be brought in your local courts. If mandatory local law prohibits a local court from applying English law to a dispute under this Agreement, that dispute will be resolved according to the laws of your country of residence.