Terms of Service
Last Updated: October 6, 2017
**PLEASE READ THIS DOCUMENT CAREFULLY. BITKUL (“Bitkul,” “we,” or “us”) offers an online video sharing platform and community through its website located at Bitkul.com and other bitkul-operated sites (collectively, the “Bitkul Site”), mobile applications, connected TV applications, and other online services (collectively and including the Bitkul Site, the “Bitkul Service”). By registering as a member or by using the Bitkul Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Bitkul. If you do not wish to be bound by this Agreement, do not use the Bitkul Service. **
1. Who May Use the Bitkul Service
AGE REQUIREMENT: You must be at least 13 years old to use the Bitkul Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Bitkul Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Bitkul Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Bitkul Service. If your child is using the Bitkul Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Bitkul Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the Bitkul Service and/or have your parent’s or guardian’s permission, some of the content available within the Bitkul Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Bitkul Service
LICENSE: Bitkul grants you a limited, non-exclusive license to access and use the Bitkul Service for your own personal, non-commercial purposes. This includes the right to view content available on the Bitkul Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Bitkul in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Bitkul Service or any source code therein. Nor will you attempt to circumvent any of Bitkul’s technical measures or take any measures to interfere with or damage the Bitkul Service. All rights not expressly granted by Bitkul are reserved.
MOBILE APP: Your use of the Bitkul Service through one of our mobile applications is also subject to our Mobile App Addendum.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Bitkul Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Bitkul and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Bitkul Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately
PURCHASES: Purchases of other products and services through the Bitkul Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Bitkul Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Bitkul Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: Bitkul may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Bitkul determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Bitkul’s reputation and goodwill. If Bitkul deletes your account for the foregoing reasons, you may not re-register for the Bitkul Service. Bitkul may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Bitkul will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Bitkul shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
All videos you submit must also comply with the Bitkul Guidelines, which are incorporated into this Agreement.
7. Code of Conduct
In using the Bitkul Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Bitkul Site (unless you are an official Bitkul partner or advertiser and have a written agreement with Bitkul).
Bitkul has the right, but not the obligation, to monitor all conduct on and content submitted to the Bitkul Service.
8. Licenses Granted by You
LICENSE TO Bitkul: As between you and Bitkul, you own the video content (“videos”) that you submit to the Bitkul Service. By submitting a video, you grant Bitkul and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Bitkul Service; (ii) displaying the video on third party websites and applications through a video embed; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Bitkul Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Bitkul Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Bitkul Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Bitkul has no control over such caching.
8.2 Non-video Content
As between you and Bitkul, you own all non-video content that you submit to the Bitkul Service. You grant Bitkul and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Bitkul Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Bitkul on improving or adding new features to the Bitkul Service, Bitkul shall have the right to use your suggestions without any compensation to you.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Bitkul and grant the licenses set forth above; (ii) Bitkul will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Bitkul and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Bitkul Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Bitkul violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights and Other Rights
Bitkul respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at Contact[at]Bitkul[dot]com.
Bitkul reserves the right to modify the Bitkul Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Bitkul Service. Bitkul has no obligation to screen or monitor any content and does not guarantee that any content available on the Bitkul Service complies with this Agreement or is suitable for all users.
Bitkul provides the Bitkul Service on an “as is” and “as available” basis. You therefore use the Bitkul Service at your own risk. Bitkul expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Bitkul makes no representations or warranties:
That the Bitkul Service will be permitted in your jurisdiction;
That the Bitkul Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That any content you submit will be made available on the Bitkul Service or will be stored by Bitkul;
That the Bitkul Service will meet your business or professional needs;
That Bitkul will continue to support any particular feature of the Bitkul Service; or
Concerning sites and resources outside of the Bitkul Service, even if linked to from the Bitkul Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Bitkul Service, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) Bitkul shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Bitkul’s total liability to you shall not exceed the amounts paid by you to Bitkul over the twelve (12) months preceding your claim(s).
14. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Bitkul Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Bitkul is not the primary producer of the visual content contained in the Bitkul Service.
15. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the Hongkong, without regard to principles of conflicts of law.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Bitkul in exercising any right hereunder will waive any further exercise of that right. Bitkul’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Bitkul’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Bitkul electronically. Bitkul may provide all such communications by email or by posting them on the Bitkul Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Bitkul at Contact[at]Bitkul[dot]com
Nothing herein shall limit Bitkul’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Bitkul on the Bitkul Site or a written amendment signed by an authorized representative of Bitkul. A revised Terms of Service will be effective as of the date it is posted on the Bitkul Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
Mobile App Addendum
Government Entity Addendum
Copyright and DMCA Policy
This Agreement constitutes the entire understanding between Bitkul and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT. Have a nice day!