TERMS OF SERVICE
Welcome to the website of HowTubes.TV (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
We accept several methods of payment to accommodate Your needs including credit, debit, or gift cards from Visa, Discover, MasterCard, and American Express through our payment processor, Stripe. Users must have an associated Stripe account in order to use our "Seller Tools" for video rental sales.
Viewers sign up for free. Some videos are free. Some videos are rentals. Rental prices and viewing periods vary. You may Preview videos by left clicking or hovering over the thumbnail. To watch rental videos, simply click on the video and follow the steps in order for your associated Stripe account to be automatically charged for your purchase.
FREE content does not require a Stripe account to view. Free content is populated by ads. To remove ads, Viewers may signup for our Ads-Free membership program for a small monthly fee.
Viewers may Create playlists to re-watch videos. Playlists created by selling Creators (those who create videos to be rented for viewing on our site, hereinafter “Creators”), may be subscribed to with a recurring monthly payment. You may unsubscribe at any time. Viewers may follow Channels to be notified when new videos are added or a Live Stream begins, without charge. Notification preferences may be adjusted in Account Settings. Mature rated videos may be blocked in Account Settings. In addition, thumbnails for Mature rated videos will be fuzzed until an age-gate is passed.
All videos must be Rated. Creator’s must choose either an “All Audiences” or a “Mature” rating. If the video is intended for Adults and not acceptable for Children, the video must be rated Mature.
ALL AUDIENCES content may be monetized by either pricing the content for video rental (which requires a Stripe account) or through Ad-Share with AdSense ads placed on and around the "Free" content. Stripe available countries are listed at the bottom of the home page of the site.
Ad-Share Partnership is dependent upon our affiliation with the AdSense Host API program (https://developers.google.com/adsense/host), which AdSense determines based on its own parameters. We are working toward eligibility for this program.
To benefit from our future Ad-Share program you must have an AdSense account and be in good standing with our site. Only 'All Audiences' videos qualify for AdSense.
You must apply for the program once you meet the following eligibility requirements:
1. 100 Published Videos.
2. 250,000 unique Views within the last year.
3. 1000 Followers.
4. Zero Strikes within a year.
5. Live in a country where the site and Adsense are available.
6. Have a linked Adsense account.
We reserve the right to make changes to these requirements at any time. Acceptance is not guaranteed.
Although we will certify eligibility for this program, we are not responsible for payouts. Payouts and the payout schedule are determined by Adsense. See details here (https://support.google.com/adsense/search?q=payouts). Once implemented, revenue will be split three ways, between AdSense, the site, and the content creator.
MATURE rated content can be monetized by either video rental sales or ads expressly for mature content. We are currently working with ExoClick to develop an Ad-Share program for mature content. Our ExoClick Ad-Share program is not yet fully implemented. You will be notified once it is. Requirements for eligibility are the same as the Adsense requirements above.
To benefit from this feature, you must live in an ExoClick serviced country. Selling mature content requires a Stripe account. Mature content does NOT include pornography. Although we will certify eligibility for this program, we will not be responsible for payouts. Payouts will be determined by the mature content ad network itself based on your channel's performance.
The Ads-Free Subscription Program:
We do not yet have Partnership sharing for the ads-free subscription program.
Creators may create a Playlist/Course/Season and charge per video, class or episode, or set a Subscription price for the entire Playlist. Customers will save by purchasing the entire series and Creators will be building a residual income.
Creator accounts are generated for free and Creators may earn from day one with our "Seller Tools" for pricing content. The seller sets the price of each video. The site takes a small percentage (20%) to cover costs such as hosting, site maintenance, and Live Streaming; 80% percent of revenue goes directly to Your bank account (minus a small fee to our payment processor - approx. 3-5% depending on the Seller’s or Buyer’s location and payment type, plus .30 cents per transaction. See Stripe Terms.)
There is no minimum dollar amount required before payouts are processed, and no lengthy waiting period before funds are released. Questions about payment processing may be addressed through Your Stripe account.
The site is not intended for video storage or private use only. Creators must produce videos as actual products for sale, not as commercials or advertisements for a product.
Creators may also upload photographs and start a Blog for free, at this time. The no pornography and no minors rule applies to photos and blogs, as well as videos and Live Stream.
LIVE STREAM. Creators must be approved for Live Streaming. If Creators are chosen for Live Streaming, they may choose to automatically publish their videos at the end of their Live Stream.
Sexual acts and pornography are also strictly forbidden on every area of the site, especially Live Stream. Live Stream is non-interactive; Using Live Stream for “Cam-girl” type activities is not allowed.
PROMOTING YOUR VIDEOS
It is Your responsibility to promote Your videos. However, We may choose, in our sole discretion, videos to display on the front page or other areas of the site or elsewhere, unless you have chosen the Privacy option in your settings.
Creators may promote through their own Social Media or in any other manner they choose. If Social Media is chosen for promotion or linked to or from our site, Creator understands that they are solely responsible for adhering to the rules of those sites. Some sites, including Facebook, Pinterest, and others may have rules that prohibit links to or from Mature content, and the posting of such content. We are not liable for any negative consequences of such links or postings.
WE RESERVE THE RIGHT TO REMOVE ANY DATA ON OUR WEBSITE FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION.
The “Mature” areas of Our Website are for use solely by responsible adults over the age of majority in their jurisdiction (or the age of majority in the jurisdiction from which it is being accessed). You agree that You have reached the age of majority in your jurisdiction before accessing these areas or creating content for these areas. All Models or additional persons in Mature rated videos must also be over the age of majority in their jurisdictions. Models must be prepared to upload ID if asked.
The materials that are available within the Mature areas of this website may include Adult Topics and non-sexual nudity, similar to what one might find in R-Rated movies or TV-MA content; Non-Sexual Nudity may be cultural, educational, or artistic; Cultural nudity as in nude lifestyle aka “Naturism” (For example Naked Baking, Naked Yoga, or Naked News). At this time, we are accepting only age 21+ in the nude lifestyle category.
Visiting this Website if You are under the age of majority in Your jurisdiction may be prohibited by International, Local, State or Federal law. If You have not yet reached the age of majority in Your jurisdiction you may not view the Mature content on this website.
If You are creating or viewing Mature content on the site, You understand, warrant and agree that: You are over the age of majority in Your jurisdiction, and have the legal right to possess adult material in Your community; You will not permit any person under the age of majority in Your jurisdiction to have access to any of the materials contained within this website; You are voluntarily choosing to access this website because You want to view, read and/or hear the various materials that are available; You do not find images of nude adults or other adult topics to be offensive or objectionable; You will exit from this website immediately if You are in any way offended by the mature nature of any material; You will abide by the standards and laws of Your community; After logging on and viewing any part of this Website, You will not hold the owners of the website or its employees or associates responsible for any materials located on the website;
You will not use these services in violation of this Agreement; You understand that You may be in violation of International, Local, State or Federal law; You understand and agree that You are solely responsible for Your actions; You are solely responsible for any and all content You post on this website or that You send to another Visitor to the website; You understand and agree that while We have no obligation to
monitor posted content We may review and remove content We deem, in Our sole discretion, to be objectionable;
You are bound by the Agreement every time You log into Our website and You agree that We may change this Agreement from time to time and that the new Agreement will be effective at the moment it is posted, and You agree to review the Agreement regularly to ensure You are up to date as to its contents.
MATURE VIDEOS ARE NOT TO BE USED FOR DATING
Soliciting sexual services while using Our electronic services for any sexual favors paid for or rendered for free is strictly prohibited and is considered illegal in most jurisdictions and is grounds for Your immediate termination from Our website. Further, You are aware and understand that the United States Department of Justice and the Congress of the United States through passage of the Stop Enabling Sex Traffickers Act (e.g. Fosta – Sesta) are in the process of cracking down on Prostitution and Sex Slavery. You hereby agree that You will never provide or accept personally identifiable information (i.e. any information that permits the physical or online contacting of a specific individual) to another visitor to the Mature areas of Our website. Should We become aware that You have violated this section of the Agreement Your right to use this website will be immediately revoked with no refund. Further, the Company will forward Your contact information to the authorities to further investigate or file charges against You.
You understand, warrant and agree that You will not use Our website to: Post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; Impersonate another person or post a photograph of another person; Stalk or otherwise harass another; Harm a minor in any way;
Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising; Post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; Promote an illegal or unauthorized copy of another person's copyrighted work; Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable International, Local, State or Federal law; and You understand and agree that You are solely responsible for Your interactions with other Visitors. You understand and agree that We reserve the right, but have no obligation, to monitor disputes between You and other Visitors.
PROHIBITED CONTENT AND DISCUSSION TOPICS ON OUR WEBSITE
The following content and discussion topics are prohibited on Our website:
1. Sexual Acts or Pornography are strictly forbidden. This includes solo performances, especially, with a “Toy” or other object designed to stimulate oneself or the audience in a sexual manner; touching of oneself or another for sexual stimulation, even over clothing; prolonged exposure of the breasts or groin area for the sole purpose of sexual stimulation; pornographic animation; necrophilia; incest; rape; or forced intoxication; bodily secretions.
2. Nudity of any kind is not allowed to Stream Live.
3. Child Pornography or any depiction of a minor whether photographic or artistic is not allowed; Minors are not allowed to appear in any Mature rated video, blog, or photo, even in the background.
4. Fantasies or discussions relating to a minor or when someone was a minor;
5. Promulgation of falsehoods, especially those tending toward a political narrative.
6. Any manner of Bestiality or harm to actual animals or other creatures;
7. Discussion or depictions of illegal drugs or narcotics;
8. Bodily harm that risks permanent damage, death, suicide, murder, or similar dangers; or the creation of weapons or devices for such.
a. BDSM, Spanking, CBT, or similar are allowable, within reason;
9. Amputation of limbs or other parts of the body are explicitly NOT allowed;
a. Gender Reassignment education is allowable;
10. Consensual use of legal intoxicants is allowable (e.g. Alcohol);
11. Team Viewer or other programs granting access to one’s electronic devices; and
12. Racial Slurs or pejoratives concerning one's race, ethnicity, or age.
We hereby claim "HowTubes.TV"(TM), and the catchline “Watch and Learn. Create and Earn! Your Home for HOW TO."(TM) to be trademarks of Our Company.
As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.
You hereby grant to the Company and its successors and assigns, as well as Our visitors, a non-exclusive, transferable, worldwide sub-licensable, royalty-free, to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your content including the right to use the content to advertise Our services.
a. You hereby release and discharge Us and Our employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that We may have or that may develop in the future for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the rights granted under this agreement.
b. You warrant and represent that You possesses all rights necessary for the grant of this license, and will indemnify and hold Us, Our licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of a breach of the foregoing warranty.
c. You agree that We shall have the unlimited right to vary, change, alter, modify, add to and/or delete from Your depiction in the Work, and to rearrange and/or transpose Your depiction, and to use a portion or portions of Your depiction or character together with any other literary, dramatic or other material of any kind.
d. You represent and warrant that You have not committed or omitted to perform any act by which such rights could or will be encumbered, diminished or impaired; You further represent and warrant that no attempt shall be made from now on to encumber, diminish or impair any of the rights granted herein and that all appropriate protection of such rights will continue to be maintained by You.
e. All rights, licenses and privileges herein granted to Company are irrevocable and not subject to Your rescission, restraint or injunction under any circumstances. Nothing herein shall be construed to obligate Us to produce, distribute or use any of the rights granted herein.
RELATIONSHIP OF THE PARTIES
The Parties to this Agreement are independent contracting entities, and there is no partnership or agency relationship created between them. You understand that We are a platform only. We are not an Editor, Producer, Agency, or Employer; and that You are solely responsible for abiding by all the laws of your jurisdiction, to include paying your own taxes and that We do not and are not responsible for issuing tax information, including Form 1099 .
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; If You feel any content on Our website violates Your copyrights please contact Our designated agent:
Andrew M. Jaffe
2375 Covington Rd. Suite 315
Fairlawn, OH 44313
by regular U.S. mail or electronically submitted by email, with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website is covered by a single notification, a representative list of such works at that website.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
1. Remove or disable the identified infringing material (but may maintain a copy for later use);
2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification: To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by regular U.S. mail or email that includes substantially the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material Appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE A PLATFORM ONLY. WE NEITHER REVIEW NOR ENDORSE ANY CONTENT HEREIN.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, PERSONAL INJURY MENTAL OR PHYSICAL, INCLUDING PERSONAL DISPARAGEMENT OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities; illness or injury, or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@HowTubes.TV prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.
This Agreement shall be governed in all respects, whether regarding validity, construction, performance, or capacity or otherwise by the laws of the State of Wyoming. You hereby assent to the jurisdiction of the courts of general jurisdiction located within Sheridan County, Wyoming, which will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between the Parties.
In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
TERM AND TERMINATION:
You may remain a user for as long as You please and may terminate Your account at any time for any reason. Termination of this Agreement will not relieve either party of any obligations that by their nature are intended to survive termination, including without limitation the obligations relating to ownership provisions, representations, warranties, disclaimers, and indemnification.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of January 1, 2020. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our website.