Terms Of Service

Thank you for using Pushtube!



Pushtube's products and services are provided by Pushtube UG (hb). These Terms of Service ("Terms") govern your access to and use of Pushtube's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy. The Service is provided by Pushtube UG (hb) (“we”, “us” “our” and “Pushtube”) whose place of business is at Schönhauser Allee 145, 10435 Berlin, Germany (email: info@pushtube.de).
To cut the matter short:
When you use Pushtube, you agree with what's written here!


1. Using Pushtube

a. Who can use Pushtube

You may use our Products only if you can form a binding contract with Pushtube, and only in compliance with these Terms and all applicable laws. When you create your Pushtube account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.

b. Our license to you

Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
To cut the matter short:
You can use Pushtube unless you're under 13.


c. Commercial use of Pushtube

The commercial use of Pushtube is prohibited.

2. Your Content

a. Posting content

Pushtube allows you to post videos. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Pushtube.
To cut the matter short:
If you post your content on Pushtube, it still belongs to you but we can show it to people and others can share it.


b. How Pushtube and other users can use your content

You grant Pushtube and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to display, share, create derivative works, perform, and distribute your User Content on Pushtube solely for the purposes of operating, developing, providing and using the Pushtube Products. Nothing in these Terms shall restrict other legal rights Pushtube may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
To cut the matter short:
Copies of content shared with others may remain even after you delete the content from your account.


c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Pushtube, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Pushtube and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared through Pushtube.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Pushtube more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pushtube does not waive any rights to use similar or related Feedback previously known to Pushtube, or developed by its employees, or obtained from sources other than you
To cut the matter short:
Also, don't post spam or be a jerk to other Troublemakers. Oh, and we can actually use your suggestions to make Pushtube better.


3. Privacy

Information that you supply to Pushtube is subject to our Privacy Policy, which governs our collection and use of your information, which may include personal data. As part of our provision of the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.


4. Third Party Services

The Service includes and links to features and services (including but not limited to, social applications like >outube, Facebook and Twitter) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.

5. Copyright Policy

Pushtube has adopted and implemented the Pushtube Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
To cut the matter short:
We respect copyrights. You should, too.


6. Security

We care about the security of our users. While we work to protect the security of your content and account, Pushtube cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
To cut the matter short:
You can help us fight spammers by keeping these security tips in mind.


7. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pushtube. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Pushtube, you do so at your own risk and you agree that Pushtube will have no liability arising from your use of or access to any third-party website, service, or content.
To cut the matter short:
Battles link to content off of Pushtube. Most of that stuff is awesome but we're not responsible when it's not.


8. Termination

Pushtube may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-11 of these Terms. If you wish to delete your profile, please contact us in writing at info@pushtube.de.
To cut the matter short:
We reserve the right to refuse service to anyone.


9. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Pushtube and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
To cut the matter short:
If we are sued because of something you do on Pushtube, you have to pay our costs.


10. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
Pushtube SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Pushtube takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
To cut the matter short:
Unfortunately, people post bad stuff on user-generated content sites like Pushtube. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.


11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUSHTUBE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.
To cut the matter short:
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.


12. Arbitration

For any dispute you have with Pushtube, you agree to first contact us and attempt to resolve the dispute with us informally. If Pushtube has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Deutsche Institution für Schiedsgerichtsbarkeit ("DIS") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the DIS, except as provided herein. Unless you and Pushtube agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any DIS filing, administrative and arbitrator fees in accordance with DIS rules, except that Pushtube will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 276 (par. 2)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PUSHTUBE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with German law and the parties hereby submit to the exclusive jurisdiction of the German courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).
To cut the matter short:
Berlin is an exciting city! And if you want to sue us, you have to sue us here.


13. General Terms

Notification Procedures and changes to these Terms. Pushtube reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
To cut the matter short:
If we're making a big change to the terms, we'll let you know.


Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pushtube without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pushtube in connection with the Products, shall constitute the entire agreement between you and Pushtube concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pushtube's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.