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Terms of Service

Version 1.0 (2009). Last updated: 20 December, 2009. This page provides the Terms of Service of HoaxTube.com. You are encouraged to read it through. Still, it should be said beforehand, that the Terms of Service does not contain any uncommon aspects and is quite similar to those who apply to other web Services. The Terms of Service is part of the so-called "Entire Agreement". The following text uses "Entire Agreement", which refers to Privacy Policy and Terms of Service. By using the HoaxTube website and its offered Services, you agree to be bound by the Terms and Conditions (and/or any revised version of the Terms of Service) which consist of this complete web page. The Terms of Service may be modified and/or updated, without any prior notice. Please Note: The following text uses "HoaxTube.com", "HoaxTube", "us", "we", "our", and "Service", which all refers to the HoaxTube.com web Service. To make the Privacy Policy and the Terms of Service easy to find, the main page of HoaxTube (http://www.hoaxtube.com/) has a permanent link to both texts.

The Service

The HoaxTube Service provides you ("the user", "You") an online community where videos can be added to a database, for analysis whether the video is a 'hoax' or shows 'the truth'. Users can add videos themselves (embedding from external websites), and users can comment on videos. Finally, users can rate videos on whether it is a 'hoax' or 'the truth'.

Limitation of Liability

The HoaxTube Service is provided to you on an 'as is' basis. You understand that you are using the HoaxTube Services at your own risk, and that HoaxTube is not responsible for the information and/or data you may have accessed (directly or indirectly) via HoaxTube - this includes (the results of) any actions you undertake because of the information you have obtained through HoaxTube. HoaxTube does not warrant that the Service will meet your specific requirements and disclaims all responsibility and/or liability for the Services' availability, security, and/or reliability. At any time and without any liability to you, HoaxTube reserves the right to modify, suspend and/or discontinue a part or the complete Service without notice. HoaxTube may not be held liable for the failure of the Service (which includes the deletion of user content, as well as resulting damage to your computer system or any other (electronic) device used to access the Service). In terms of confidentiality, HoaxTube strives to ensure your data remains confidential and strictly personal. Still, HoaxTube can and will never be held liable in case of breach of said confidentiality, regardless of the cause of this breach. The use of this Service is free. Third parties may not charge a fee for accessing any part of the HoaxTube domain (including sub-domains). HoaxTube is never responsible for payment of any fees for the content put on HoaxTube Pages or users' Personal Profile Pages. Information and Services of HoaxTube, appearing on the website, my contain inaccuracies and/or typing errors. HoaxTube is not responsible for the harm these errors may cause or have caused. HoaxTube is not guaranteeing the correctness of the information shown on the website - it should be noted that HoaxTube is doing its best to keep the content as correct as possible at all times. HoaxTube is never liable for the external influence on the (information of) the website of HoaxTube, and/or its online/offline Services, such as hacking and/or misuse of the website's Services. This also includes (but is not limited to) viruses, worms, and spam received by the user as a result of using the website. HoaxTube is never liable for the loss of the user password, and never liable for the unauthorized use of login credentials by third parties. Users are solely responsible for their password. It should be noted that the user is advised to pick a password which cannot be guessed or is not similar/equal to passwords used for other Services other than HoaxTube. HoaxTube is never liable for the loss of user data, whatever the user data may entail. This includes (but is not limited to) the loss of cookie(s) and online user information and settings. The website will be used at your own risk. HoaxTube does not guarantee suitability of the website for whatever purpose or use, and for whichever user or user group. HoaxTube will take appropriate and pro-active security measures to protect the website and its users, against unauthorized access and/or attacks, deliberate destruction of the website and/or the information contained. However, no guarantees will ever be given by HoaxTube in this matter. The user acknowledges that HoaxTube has the right to disable/deactivate (a) user account(s) if the user misuses the HoaxTube Service. HoaxTube may financially charge the user for all damages suffered by HoaxTube as a result of misuse of the Services offered by HoaxTube.

Third-Party Content

HoaxTube does not have any control over the content provided by third parties and HoaxTube end-users. HoaxTube can and will never have control over the data of external web (re-)sources. The third-party content (as well as our own content) is provided to you on an 'as is' basis. HoaxTube is therefore in no way liable with respect to third-party (re)sources, content, and/or Services. Any claim or request related to the third-party content, information, etc., will be addressed to the respective third-party directly. HoaxTube can never be held responsible/liable with respect to the content, advertisements, products, offers, Services, and any other information available to the user, which is directly or indirectly obtained via HoaxTube. In no way can HoaxTube be held liable for any damages or loss caused by the use of content, goods, information, and/or Services provided by third-parties. Since the structure of the HoaxTube website is constructed in such a way that it (partly) relies on third-party content, the third-party content may be protected by intellectual property right of the third-party as such. By agreeing to the Entire Agreement of HoaxTube, you agree to adhere to the respective intellectual property right of any part of the content as depicted on HoaxTube website. HoaxTube is regarded as a passive online intermediary of information, and is in no way involved in the (potential) agreement between a third-party (linked on HoaxTube) and the end-user. HoaxTube may, but is not obligated to, choose to remove third-party content or user content that is determined to be unlawful, offensive, obscene, threatening, or in any other way objectionable, without prior notification to anyone. HoaxTube respects the intellectual property of third parties, and is committed in using third-party material in a careful manner. If you (as a business or as a person) believe that specific material over which you have rights has been placed, reproduced, or used in any other way on HoaxTube (or question the placement of such content), please contact us directly via e-mail. Make sure to provide your personal information, the location of the potentially infringing material on the HoaxTube website, a statement claiming you have the rights over the material, and a statement of the absence of the authorization given to you for using the material on HoaxTube. HoaxTube will review your e-mail and will take appropriate actions. You will not publicize, distribute, disclose, spread and/or otherwise evangelize content on HoaxTube which is in opposition with the law. This includes content which a) is illegal in terms of national and/or international law/legislation, b) is (sexually) intimidating, c) is ethically unacceptable, and/or d) is discriminatory or is contrary to public morality or the rules of conduct applying to the internet. Also, no third-party rights (such as, but not limited to intellectual property rights) are to be infringed by the user. The user will not, in any manner, use the Services provided by HoaxTube for any fraudulent or inappropriate purposes, and will not encourage others to do so.

Using the Service

You must be at least 13 years to use the Service. Users below the age of 13 who would like to register himself/herself for the HoaxTube Service, should ask permission from one of his/her parents (or legal representative). It is not allowed to use so-called 'bots' to register and/or use Personal Pages. You understand and agree to the notion that you will only use the HoaxTube Service only when it is in compliance with all applicable local/state/national/international law.

Property Rights

You understand, acknowledge and respect the fact that HoaxTube owns all intellectual rights of the Service. Therefore, you may not hack, adapt and/or copy the Service, or falsely imply that you are (directly or indirectly) associated to the HoaxTube Service. Only with the express written permission of HoaxTube you are allowed to reproduce, duplicate, copy, (re-)sell (a portion of) the Service. Reproduction, display, publication, or any method of unauthorized use of the HoaxTube website and the related Services may result in this party being liable, and may result in criminal and/or civil legal action. All rights not expressively stated in the Terms of Service are reserved by HoaxTube.

Access to the Site

The website may be accessed for personal and private use, as well as commercial use. When HoaxTube is used for commercial purposes, HoaxTube will need to be informed prior its usage, by e-mail.

Personal Content

You as a user hereby grant HoaxTube the right to incorporate your personal content in the website and/or related Services, thereby also granting HoaxTube to display, adapt, or in any way communicate your content to the public. You grant HoaxTube to reproduce user-identifiable information such as images, nickname(s), or any other information which is provided by the user to HoaxTube. HoaxTube is never obligated to distribute your personal content. You agree that never any payment can be requested from HoaxTube for the information you provided. You warrant that you have all rights to the use and distribution of the content you provide to HoaxTube, including the rights to sublicense these rights. HoaxTube cannot be held liable for the conveyance of (parts of) your provided content to the public. Sharing your personal content is your sole responsibility, in line with the Entire Agreement. The user is responsible for the (personal) information and additional information such as the chosen user account name. HoaxTube has the right to remove information which is not found to be in line with the Terms of Service, or when a request is made by third party/parties. In line with this, HoaxTube has the right to terminate the user account at any time, and will not be held liable for any incurred damage.

Indemnification

You agree to indemnify, defend and hold harmless HoaxTube from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including but not limited to legal fees), arising from or in any way relating to any acts by you and your use of the HoaxTube website and related Services, regardless of the type of claim or the nature of the cause of action.

Update and Modification

HoaxTube is a project under constant review. HoaxTube reserves the right to correct (possible) errors on the website, and may do so without any prior notice. HoaxTube cannot be held liable for (any damage resulting of) any alteration/modification, (temporary) interruption or (temporary) suspension of the website and/or its Services.

Notices

HoaxTube may send you periodical notices via email and/or display notices on the HoaxTube website. That said, HoaxTube always respects your privacy, as stated in the Privacy Policy.

Termination of Account

The user may terminate their account at any time. The user should notify HoaxTube of this, by sending an e-mail to HoaxTube with the termination request, from the e-mail address which is used to register the user account at HoaxTube. Note that, when your request is processed by HoaxTube, all your preferences will be lost. HoaxTube retains the right to keep non-personal data of cancelled accounts for internal analysis purposes. In the case of violation of the Terms of Service, HoaxTube has the right to limit/restrict the access to the site and/or the user account or parts of your account. Also, HoaxTube has the right to rename, terminate, or claim your account. HoaxTube is never liable for the cancellation of a user account.

Entire Agreement

The Terms of Service and the Privacy Policy of HoaxTube constitute the Entire Agreement between You and HoaxTube, and will never be superseded by any prior agreement. If any part of the Entire Agreement is adjudged by a court to be void, invalid, or unenforceable, the valid or enforceable portion of the Entire Agreement and the remaining provisions of the agreement will remain in effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.

No Waiver

No course of dealing and no failure to act on any incident of breach under this Entire Agreement shall be construed against HoaxTube as a waiver of its right to act in the future. The waiver of any breach of any part of the Entire Agreement shall not be construed as a waiver of any subsequent breach of the same or any other term or condition.

Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of The Netherlands.

Revision of the Terms of Service

Current and upcoming Services and/or new additions (as well as revisions and/or modifications of current Services) of the HoaxTube Services shall be governed by the Terms of Service as provided to you here. However, HoaxTube retains the right to update/review the Terms of Service, and therefore we strongly encourage the user to review the Terms of Service regularly.

Revision history

- 1 July 2009: v0.9 Entire Agreement constructed.
- 20 December 2009: v1.0 Entire Agreement revised.

How to Contact Us

Should you have further questions or concerns about the Terms of Service, please contact us at information<@>hoaxtube.com (please remove the "<" and ">" in the e-mail address). The Terms of Service is in effect from 20 December, 2009. Version 1.0.