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XTube.com Terms of Use & Policy’s

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Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the XTube.com domain name, the "XTube Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF XTUBE'S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the XTube Website. The Terms are coincided by the XTube Policies that can be seen here, if you plan on posting content of any kind please read these

XTube Website

These Terms of Use apply to all users of the XTube Website, including users who are also contributors of video content, information, and other materials or services on the Website. The XTube Website may contain links to third party websites that are not owned or controlled by XTube. XTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, XTube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve XTube from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the XTube Website and to read the terms and conditions and privacy policy of each other website that you visit. XTube reserves the right to change the TOU at anytime without notice.

Intellectual Property Rights

The content on the XTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to XTube, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. XTube reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the XTube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the XTube Website or the Content therein.

Intent and Fair Use Policy

Furthermore, the member agrees to adhere to the following declarations:

  1. The acknowledgment of XTube, of its intellectual and physical property as it applies to the Use Of XTube and Its Features.
  2. The acknowledgment of the Intentful Use of Features currently deployed by XTube as it applies to the Use Of XTube and Its Features.
  3. The acknowledgment of Fair Use of Features currently deployed by XTube as it applies to the Use Of XTube and Its Features..
  4. Intent of Features: The Following Features Are of The Intended and Fair Use as listed below:
    1. Streaming Public Video – Video intended to be streamed to the general members of XTube and its proponents.
    2. Public Photoset – Photos intended to be viewed to the general members of XTube and its proponents.
    3. Community – Set of Social Networking Featured intended to reasonably communicate with the general members of XTube and its proponents.
    4. Streaming Amateur Video - Video intended to be streamed to paying members of XTube and its proponents.
    5. Amateur Photoset - Photos intended to be viewed to the paying members of XTube and its proponents.
    6. Amateur Webcam Video – Streamed Video intended to be Live and Interactive to the paying members of XTube and its proponents
    7. Comments and Messaging System – Public and Private Comment/Messaging intended to reasonably communicate with the general members of XTube and its proponents
    8. VOD, TV, DVDPass - Streamed and Broadcast Video intended to be delivered to paying members of XTube and its proponents by XTube.
    9. Public Sponsored Video - Video intended to be streamed to the general members by XTube and its proponents.
    10. Donation System – Internal reward system intended to deliver funds from one person at a unique IP to another person at a unique IP with the purpose of tipping or donating for services.
    11. XTube Contacts – Contacts to the proponents of XTube intended to reasonably support the Features of XTube previously listed
    12. The acknowledgment that all declarations in the Fair Use Policy are reinforced by the General Terms of Use (TOU) and upheld by XTube and its proponents.
    13. The acknowledgment that all declarations of Fair and Intended use of XTube shall reasonably adhered to by all active members of XTube and its proponents.

Limitation of Liability

IN NO EVENT SHALL XTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XTube WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT XTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by XTube from its facilities in Canada. XTube makes no representations that the XTube Website is appropriate or available for use in other locations. Those who access or use the XTube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless XTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the XTube Website;
  • your violation of any term of these Terms of Use;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the XTube Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the XTube Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the XTube Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by XTube without restriction.

General

You agree that:

  • the XTube Website shall be deemed solely based in Ontario, Canada; and
  • the XTube Website shall be deemed a passive website that does not give rise to personal jurisdiction over XTube, either specific or general, in jurisdictions other than Ontario, Canada. These Terms of Use shall be governed by the internal substantive laws of the province of Ontario, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and XTube that arises in whole or in part from the XTube Website shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada.

These Terms of Use, together with the Privacy Notice and any other legal notices published by XTube on the Website, shall constitute the entire agreement between you and XTube concerning the XTube Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and XTube's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. XTube reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the XTube Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND XTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE XTUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Policies

Public Members / Free Members / Basic Members

This area outlines the terms and definitions of acceptable and non acceptable behavior and actions while utilizing the XTube website and its features. Failure to comply with these terms can result in immediate removal from the site for life. - XTube is based on a UGC (User Generated Content) or US (User Submitted) model - XTube does not police the content on the site; rather it uses a MBPS (Member Based Policing System). All content marked by members is reviewed by admins to see if it meets compliance to the upload policy’s set forth by the XTube website.



Uploading Videos

  1. Acceptable
    1. Videos that contain/feature yourself
    2. Videos that contain a link to your own / or another members personal ##XTube profile (Cannot contain their video)
    3. Videos that you own the intellectual rights to
    4. Was recorded by yourself with proper permissions to record the person/s featured
    5. Was recorded by a paid contractor / employee with proper permissions to record the person/s featured
  1. Non Acceptable (Please Note That Terms Marked With A * Could Result In Criminal Charges If Ignored)
    1. Videos that feature any persons under the age of 18 *
    2. Videos that were not recorded by yourself
    3. Videos taken from other sites
    4. Videos that are captured from webcams without the knowledge of the person/s featured
    5. Videos or that could be used or seen as a malicious act (revenge videos) *
    6. Videos or that contain web address to any external web site other than www.XTube.com
    7. Videos that contain illegal acts or violate common laws
  1. Incest: refers to any sexual activity between closely related persons (often within the immediate family) that is illegal or socially taboo. The type of sexual activity and the nature of the relationship between persons that constitutes a breach of law or social taboo vary with culture and jurisdiction. Some societies consider it to include only those who live in the same household, or who belong to the same clan or lineage; other societies consider it to include "blood relatives"; other societies further include those related by adoption or marriage.
  2. Violence/Death: is the expression of physical force against self or other, compelling action against one's will on pain of being hurt.[1][2][3] Variant uses of the term refer to the destruction of non-living objects (see property damage). Worldwide, violence is used as a tool of manipulation and also is an area of concern for law and culture which take attempts to suppress and stop it. The word violence covers a broad spectrum. It can vary from between a physical altercation between two beings where a slight injury may be the outcome to war and genocide where millions may die as a result.
  3. Scatophilia/ Coprophilia: an absorbing interest in feces or filth, particularly a paraphilia in which sexual arousal or activity is linked to feces. Playing with, consuming feces.
  4. Copyright Infringement: is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.
  5. Illegal Acts: Use of illegal drugs, rape, incest, public displays of nudity within the view of the public, theft, vandalism, scandals and any other illegal acts.

Uploading Photos

  1. Acceptable
    1. Videos that contain/feature yourself
    2. Photos that contain a link to your own / or another members personal XTube profile
    3. Photos that you own the intellectual rights to
    4. Was photographed by yourself with proper permissions to capture the person/s featured
    5. Was photographed by a paid contractor / employee with proper permissions to capture the peron/s featured
  2. Non Acceptable (Please Note That Terms Marked With A * Could Result In Criminal Charges If Ignored)
    1. Photos that feature any persons under the age of 18*
    2. Photos not taken by yourself
    3. Photos taken from other sites
    4. Photos that are captured from webcams without the knowledge of the person/s featured
    5. Photos that could be used or seen as a malicious act (revenge videos) *
    6. Photos that contain web address to any external web site other than www.XTube.com
    7. Photos that contain illegal acts or violate common laws;
  3. Incest: refers to any sexual activity between closely related persons (often within the immediate family) that is illegal or socially taboo. The type of sexual activity and the nature of the relationship between persons that constitutes a breach of law or social taboo vary with culture and jurisdiction. Some societies consider it to include only those who live in the same household, or who belong to the same clan or lineage; other societies consider it to include "blood relatives"; other societies further include those related by adoption or marriage.
  4. Violence/Death: is the expression of physical force against self or other, compelling action against one's will on pain of being hurt.[1][2][3] Variant uses of the term refer to the destruction of non-living objects (see property damage). Worldwide, violence is used as a tool of manipulation and also is an area of concern for law and culture which take attempts to suppress and stop it. The word violence covers a broad spectrum. It can vary from between a physical altercation between two beings where a slight injury may be the outcome to war and genocide where millions may die as a result.
  5. Scatophilia/ Coprophilia: an absorbing interest in feces or filth, particularly a paraphilia in which sexual arousal or activity is linked to feces. Playing with, consuming feces.
  6. Copyright Infringement: is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.



Amateurs Models / Members That Sell Content via XTube.com

READ CAREFULLY

ID’s MUST BE UPLOADED FOR EVERY PERSON THAT CAN BE SEEN IN ANY VIDEO IN ACCORDANCE WITH USC 2257 LAWS. FAILURE TO COMPLY COULD RESULT VERY BADLY FOR YOU!

Video Uploads

  1. May NOT contain ANY web site addresses unless it is the link to YOUR amateur account
    1. Any amateur model caught promoting their or some other website will be banned and stripped of their earnings as payment for the traffic that was taken.
    2. Videos must be made by you and not taken from another source or site
    3. Videos CANNOT be an edited compilation of videos from another site.
    4. Video CANNOT feature persons under the age of 18
    5. Videos CANNOT be uploaded and deleted continuously - we ask that you only upload one copy of a video per month.

Photo Uploads

  1. May NOT contain ANY web site addresses unless it is the link to YOUR amateur account
    1. Any amateur model caught promoting their or some other website will be banned and stripped of their earnings as payment for the traffic that was taken.
    2. Videos must be made by you and not taken from another source or site
    3. Videos cannot be an edited compilation of videos from another site.
    4. Video CANNOT feature persons under the age of 18

Webcams

Webcams is a paid live service (paying job) and needs to be treated that way. All Models are to outline what type of service you are going to provide in the “about me” or “chat with me” area of your admin console. Models caught breaking the terms will be removed from the webcam area and could end up with their payment being removed depending on the severity of the violation. XTube has 0 tolerance for people that practice bad business and will remove them ASAP. Rules and Terms

- It is mandatory that everyone appearing on your webcam has their valid ID’s submitted - All models must be present on camera from the point the room is created until the room is closed - Models must be ready to give a show upon request of a private room - Models do NOT have to comply to requests during free chats - If a model does not wish to give a nude show – they must declare that immediately so that paying customers are not wasting money on something they do not want. - Models may not play a video on their webcam as a substitute for a live show – If you are caught doing this your earnings will be returned to the customers and your account removed. - XTube reserves the rights to use random clips from its models in order to provide promotions to draw new traffic to the amateurs section of the XTube website, XTube will not hold any videos as their own and will allow the contributing amateur models in which they originated from.


Content Providers (Video on Demand Clients)

Content studios are bound by the terms of their contract and by the laws that govern their business set forth by the government of their state and country and by the laws set forth in Ontario, Canada. Rules and Terms

- Studios that hold an account with XTube may not use their account to upload content at any time, this is to make sure that no advertising is done via their account and to eliminate copyright infringement. - Studios may use their account to socialize with the other members of the site and promote their content that is featured on the XTube website only. - Studios content maybe watermarked in the bottom right hand corner to protect their content and prevent piracy, however the watermark cannot cover the content, obstruct the view or be a blatant advertisement for their other website/websites. - Studios must have the proper internet streaming rights in order to provide us with content to sell on the XTube website


Sponsors

Sponsor of XTube.com are not granted accounts to use on the XTube website, and there are only very few rules to be followed. Rules and Terms - All videos submitted for use in the sponsor area must be no longer that 3minutes and no shorter than 40 seconds in length - All videos provided must be USC 2257 compliant and must not break any laws. - All media provided must be the intellectual property of the registered company

Webcam Studios

Webcams is a paid live service (paying job) and needs to be treated that way. All Models are to outline what type of service you are going to provide in the “about me” or “chat with me” area of your admin console. Models caught breaking the terms will be removed from the webcam area and could end up with their payment being removed depending on the severity of the violation. XTube has no tolerance for people that practice bad business and will remove them ASAP. Rules and Terms

- It is mandatory that everyone appearing on your webcam has their valid ID’s submitted - All models must be present on camera from the point the room is created until the room is closed - Models must be ready to give a show upon request of a private room - Models do NOT have to comply to requests during free chats - If a model does not wish to give a nude show – they must declare that immediately so that paying customers are not wasting money on something they do not want. - Models may not play a video on their webcam as a substitute for a live show – If you are caught doing this your earnings will be returned to the customers and your account removed.


LANGUAGE CODE OF CONDUCT / SOCIAL DEPORTMENT

  1. No racist or derogative terms, slang or derivatives of such terms or slang may be used at anytime (example) Nigger, Cracker, Faggot
  2. Negative comments are not welcome on XTube as the point of the site is sexual freedom, if you do not like what you see – don’t look at it.
  3. Everyone should respect the admins and their decisions (even if they are not in your favor) the admins have the authority to remove your account permanently and can do so without warning at anytime. The admin’s account and contact details are below.

Kurtis Potec http://profiles.xtube.com/community/profile.php?user=kurtis E-mail: kurtis@xtube.com

Dan Cox http://profiles.xtube.com/community/profile.php?user=CarpeNoctum69 E-mail: dan@xtube.com


Any and all illegal activities are to be reported to one of the above people immediately Overall if you be nice and have fun you will be fine

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