Termos e Condições

Last updated: November 20, 2024

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY PRIOR TO UTILIZING THE SERVICES PROVIDED BY RETATUBE (“WEBSITE”). BY ACCESSING OR USING THE WEBSITE OR ITS SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, TO THE EXCLUSION OF ANY OTHER TERMS. SHOULD THESE TERMS BE DEEMED AN OFFER, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR UTILIZE THE WEBSITE OR ANY OF ITS SERVICES. ACCESS TO AND USE OF RETATUBE’S SERVICES IS STRICTLY CONDITIONED UPON YOUR COMPLETE ASSENT TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

1. Access to the Services

The retatube.com website, its associated domain name, and any related pages, features, content, or application services (including, but not limited to, mobile application services) offered by RetaTube from time to time (collectively referred to as the “Website”) are owned and operated by RetaTube. Subject to the terms and conditions set forth in this Agreement, RetaTube may provide certain software, tools, or services (including, without limitation, the RetaTube software) as described more fully on the Website and selected by you (collectively, the “Services”). These Services are offered exclusively for your personal use and not for the benefit of any third party. The term “Services” encompasses, without limitation, access to the Website, any service provided by RetaTube, and the Content (as defined herein) made available through the Website or in connection therewith.

RetaTube reserves the right, at its sole discretion, to alter, suspend, or discontinue any aspect of the Services at any time without prior notice, including but not limited to the availability of features, databases, or Content. RetaTube further reserves the right to impose limits on certain features or restrict access to portions of the Services without liability or prior notice. RetaTube retains the right to amend this Agreement at any time by posting a notice on the Website or by sending notice via email or postal mail. It is your responsibility to review any modifications to this Agreement. Continued use of the Services following such notification constitutes acceptance of the revised terms and conditions.

RetaTube does not knowingly collect or solicit personal information from individuals who are under the legal age applicable in their respective jurisdictions or knowingly allow such individuals to register for the Services. If you are under the applicable age, you are prohibited from registering for or using the Services and from providing any personal information to RetaTube, including but not limited to your name, address, telephone number, or email address. In the event that RetaTube becomes aware that personal information has been collected from a minor without verified parental consent, such information will be promptly deleted. If you suspect that RetaTube may have inadvertently collected personal information from a minor, please contact us at [email protected].

By accessing and using the Services, you represent and warrant to RetaTube that:

  • You are an individual (not a corporation or other legal entity) and are of legal age to form a binding contract in your jurisdiction or have obtained the express consent of your parent or guardian to do so.
  • All information provided during registration is accurate, truthful, and complete, and you agree to maintain the accuracy of such information.
  • You are legally authorized to access and use the Services in accordance with all applicable laws and regulations, and you accept full responsibility for your use of the Services.

This Agreement is void where prohibited by law, and any rights to access or use the Services in such jurisdictions are automatically revoked.

2. Content

The Services and their contents are intended solely for the personal, non-commercial use of users and must be utilized in strict accordance with the terms and conditions of this Agreement. All materials offered, displayed, or performed on the Services, including but not limited to software, text, graphics, articles, photographs, images, and illustrations (collectively referred to as “Content”), are protected by copyright laws. You agree to comply with all copyright notices, trademark rules, information, and restrictions associated with any Content accessed through the Services. You are expressly prohibited from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or otherwise exploiting any Content, third-party submissions, or proprietary rights not owned by you, except under the following conditions:

  • With the express prior written consent of the respective rights owner.
  • In compliance with all applicable third-party rights.

The Services and their Content are protected as a collective work and/or compilation under U.S. copyright laws, international treaties, and other intellectual property statutes. You may not modify, publish, transmit, sell, reproduce (except as explicitly permitted in this Section 2), create derivative works from, distribute, perform, display, or exploit in any way the Content, software, materials, or Services in whole or in part.

You may download or copy the Content (and other downloadable items available on the Services) exclusively for personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in such Content. Storing or copying any Content beyond personal, non-commercial use is strictly prohibited without prior written consent from RetaTube or the copyright owner identified in the Content’s copyright notice. RetaTube reserves the right to revoke or restrict linking to its Website at any time, at its sole discretion, and may require prior written authorization for any such links.

You acknowledge and agree that all Content, whether publicly posted or privately transmitted via the Services, is the sole responsibility of the party from which such Content originated. RetaTube disclaims any liability for errors or omissions in any Content. Additionally, RetaTube cannot guarantee the identity of other users with whom you interact while using the Services or the authenticity of any data or information provided by users or merchants. You accept that all Content accessed through the Services is at your own risk, and you assume full responsibility for any damage or loss arising from its use.

Under no circumstances shall RetaTube be held liable for any Content, including but not limited to errors or omissions within the Content, or for any loss or damage of any nature incurred as a result of accessing, using, transmitting, or otherwise interacting with the Content made available through the Services.

3. Restrictions

Restrictions on Use of Services. By using the Services, you represent, warrant, and agree that you shall not use the Services in any manner that:

  • Violates Rights: Infringes upon or violates the intellectual property rights, proprietary rights, rights of publicity or privacy, or any other rights of third parties.
  • Breaches Laws: Violates any applicable law, statute, ordinance, or regulation.
  • Engages in Harmful Behavior: Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
  • Promotes Unauthorized Commercial Activities: Involves commercial activities or sales, including but not limited to contests, sweepstakes, barter, advertising, or pyramid schemes, without the express prior written consent of RetaTube.
  • Impersonates Others: Impersonates any individual or entity, including, without limitation, employees or representatives of RetaTube.
  • Contains Malicious Code: Introduces viruses, trojan horses, worms, time bombs, or other harmful computer code, files, or programs.

RetaTube reserves the right, at its sole discretion, to remove any Content from the Services at any time for any reason, including but not limited to claims or allegations made by third parties or authorities regarding such Content or if RetaTube believes you have breached the terms of this Agreement.

Prohibited Activities. You are solely responsible for all actions taken in connection with your use of the Services. Any fraudulent, abusive, or unlawful activities may result in the termination of your access to the Services. Specifically, you are prohibited from:

  • Solicitation of Information: Posting, transmitting, or causing to be posted or transmitted any communication or solicitation designed to obtain passwords, account credentials, or private information from other users.
  • Security Violations: Using the Services to compromise the security of any computer network, crack passwords, or security encryption codes, or transfer or store illegal materials (including those considered threatening or obscene).
  • Interference with Operations: Running mailing lists, Listservs, auto-responders, or “spam” processes on the Services, or engaging in any activities that interfere with the normal functioning of the Services or place an unreasonable load on RetaTube’s infrastructure.
  • Automated Data Collection: Employing manual or automated tools, such as software, devices, or processes, to “crawl,” “scrape,” or “spider” any part of the Services or Content.
  • Reverse Engineering: Decompiling, reverse-engineering, or attempting to obtain the source code of the Services in any way.

Tax Responsibilities. You are solely responsible for withholding, filing, and reporting all applicable taxes, duties, and other governmental assessments associated with your activities in connection with the Services.

Failure to comply with these restrictions may result in immediate termination of your access to the Services and may subject you to legal action.

4. Warranty Disclaimer

RetaTube does not establish a special relationship with or fiduciary duty to you. You acknowledge and agree that RetaTube exercises no control over, nor has any obligation to take action regarding, the following:

  • Which users gain access to the Services.
  • The Content you access via the Services.
  • The potential effects of the Content on you.
  • How you may interpret or use the Content.
  • Actions you may take as a result of being exposed to the Content.

You release RetaTube from all liability arising from your acquisition or failure to acquire Content through the Services. The Services may include, or direct you to, websites containing information or material that some users may find offensive or inappropriate. RetaTube makes no representations or warranties regarding any such Content, including but not limited to its accuracy, copyright compliance, legality, or decency.

RetaTube further disclaims any representations or warranties concerning suggestions or recommendations of services or products offered or purchased through the Services.

THE SERVICES, INCLUDING ALL CONTENT, THE WEBSITE, AND ANY SOFTWARE PROVIDED, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

Certain jurisdictions do not allow limitations on the duration of implied warranties; as such, the aforementioned limitations may not apply to you.

5. Support and Upgrades

This Agreement does not entitle you to receive any support, upgrades, patches, enhancements, or fixes for any aspect of the Services or Content (collectively referred to as “Support”). Any such Support that may be offered by RetaTube at its sole discretion shall be deemed a part of the Services and subject to the terms and conditions of this Agreement.

6. Privacy Policy

For details regarding RetaTube’s handling of personally identifiable information, please consult RetaTube’s current Privacy Policy, available at [Privacy Page URL]. The Privacy Policy is hereby incorporated by reference into this Agreement. By accepting this Agreement, you also agree to and are bound by the terms of RetaTube’s Privacy Policy.

7. Indemnity

You agree to indemnify, defend, and hold harmless RetaTube, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any claims, demands, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your access to or use of the Services.
  • Your violation of any provision of this Agreement.
  • The infringement by you or any third party using your account of any intellectual property, proprietary, or other rights of any person or entity.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RETATUBE, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:

  • TOTAL DAMAGES IN EXCESS OF $100 IN THE AGGREGATE.
  • INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
  • LOSS OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
  • EVENTS BEYOND RETATUBE’S REASONABLE CONTROL.

Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. As a result, some or all of these limitations may not apply to you.

9. Interaction with Third Parties

The Services may include links to third-party websites, services, or content (“Third-Party Services”) that are not owned, operated, or controlled by RetaTube. Your access to and use of such Third-Party Services is at your own risk. By using the Services, you represent and warrant that you have reviewed and agree to abide by all applicable terms, conditions, and policies of such Third-Party Services in addition to your obligations under this Agreement. RetaTube does not control, endorse, or assume responsibility for the content, accuracy, privacy policies, practices, or opinions expressed in any Third-Party Services. RetaTube does not and cannot monitor, verify, censor, or edit the content provided by such Third-Party Services.

By accessing and using the Services, you expressly release and hold harmless RetaTube from any and all liability arising out of your use of Third-Party Services. Your interactions with any organizations or individuals located through the Services, including payment and delivery of goods or services, and any related terms, conditions, warranties, or representations, are solely between you and such organizations or individuals. You are responsible for conducting any investigations you deem necessary or appropriate prior to engaging in any online or offline transactions with third parties.

RetaTube shall not be held responsible or liable for any loss or damage incurred as a result of your dealings with Third-Party Services. In the event of a dispute between you and another user or any third party, you agree that RetaTube has no obligation to become involved.

If you have a dispute with one or more users or third parties, you hereby release RetaTube, its officers, employees, agents, and successors from any claims, demands, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to such disputes.

California Residents: If you are a resident of California, you expressly waive the provisions of California Civil Code Section 1542, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.“

10. Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. RetaTube reserves the right to terminate or suspend your access to the Services or your account at any time, for any reason, and without prior notice. Such termination may result in the forfeiture and destruction of all information associated with your account.

RetaTube may also terminate or suspend any or all Services and access to the Website immediately and without prior notice or liability if you breach any terms or conditions of this Agreement. Upon termination of your account, your rights to use the Services, access the Website, and any associated Content will immediately cease. Provisions of this Agreement that, by their nature, should survive termination shall remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnifications, and limitations of liability.

11. Miscellaneous

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. RetaTube shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure results from causes beyond its reasonable control, including but not limited to mechanical failures, electronic disruptions, or communication interference (such as “line-noise” degradation).

If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be limited or modified to the minimum extent necessary to ensure that the Agreement otherwise remains in full force and effect and enforceable.

This Agreement is personal to you and may not be assigned, transferred, or sublicensed without the prior written consent of RetaTube. RetaTube, however, may assign, transfer, or delegate this Agreement and its rights and obligations without your consent.

This Agreement constitutes the complete and exclusive understanding between the parties and supersedes all prior written or oral agreements, communications, or understandings related to its subject matter. Amendments or modifications to this Agreement must be made in writing and signed by both parties, except as otherwise provided herein.

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and you have no authority to bind RetaTube in any manner whatsoever. The section headings in this Agreement are included for convenience only and do not have any legal effect or significance.

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of law principles.

12. Contact

If you have any questions, concerns, complaints, or claims regarding the Services, you may contact us at contact@retatube.com.