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-Introduction-

Please read these Terms of Service ("Terms") carefully as they are the legal terms and conditions that you agree to when you use the online file sharing services provided to you by BMX Tube through www.bmx-tube.com (collectively, the "Service") sponsored by www.game-swapzone.com. By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to click a Sign Up button to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms. Part A: Provisions applicable to all Users of the Service (Whether Registered or Not). Operator This Service is operated by www.game-swapzone.com  ("Game-Swap Zone") and is provided for free to registered users.

-Purpose of the Service-

BMX Tube offers a video online sharing service to view, store and share digital videos through a range of electronic devices including personal computers and hand-held devices.

-Availability-

BMX Tube uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Game-Swap Zone. Every reasonable step will be taken by BMX Tube to minimise such disruption where it is within the reasonable control of Game-Swap Zone. You agree that BMX Tube shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the BMX Tube service for any reason and without notice at any time.

-Privacy-

BMX Tube has a firm commitment to safeguarding your privacy. The terms of Game-Swap Zone‘s privacy policy are incorporated into, and considered part of, these Terms.

-Trademarks-

All brand, product and service names used in this Service which identify BMX Tube or third parties and their products and services are proprietary marks of BMX Tube and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of BMX Tube or any third party with respect to any such image, logo or name. QuickTime, Flash, and Windows Media Player and related icons are the property of their respective owners and such owners have not endorsed or sponsored the computer services provided on this Site. Intellectual Property Rights in Game-Swap Zone’s BMX Tube Service. Game-Swap Zone, unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the BMX Tube BMX Tube Service and BMX Tube created and owned content used by BMX Tube in connection with providing the Service. You may not publish, distribute, extract, re-utilise, or reproduce any component part or portion of the Service or BMX Tube created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our legal notice.

-Reporting Violations of Your Copyrights-

If you are a copyright owner and believe the copyright in your work has been violated through this Service, please contact Game-Swap Zone‘s for notice of claims of copyright infringement, at admin@bmx-tube.com. You must provide us with the following information, which BMX Tube may then forward to the alleged infringer:

  1. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
  2. provide your address, telephone number, and email address;
  3. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  5. provide your physical or electronic signature. Upon receiving your complaint, BMX Tube may remove content that you believe infringes your copyright. In addition, BMX Tube may terminate the account of the member who appears to be infringing your intellectual property rights.

-Amendment of the Terms-

BMX Tube reserves the right to amend these Terms of Use from time to time without any notice to you. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non English version of this Agreement is solely for accommodation purposes. The parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by e- mail and shall be deemed to be completed 5 business days after the same shall have been deposited. You waive any objection based on forum non convenience and any objection to venue of any action instituted under these Terms by BMX Tube in any jurisdiction.

-General-

These Terms constitute the entire agreement between BMX Tube and you with respect to your use of the Service. Game-Swap Zone’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.

-Comments-

f you have any comments or questions about the Service please contact us by e-mail at admin@bmx-tube.com.

-Registration-

To register as a member of the Service you must be 12 years or over. We reserve the right to refuse service to anyone for any reason at any time. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your e-mail address, since that is the primary way in which we will communicate with you about your account and your orders.

-Password-

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify BMX Tube immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

-Formation of a Binding Contract-

No contract will exist between you and BMX Tube for the supply of any services or products unless and until BMX Tube accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.

-Copyright in Your Digital Content-

BMX Tube does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your digital content through the Service and fulfilling any orders for you or those with which you have shared your content, you grant to BMX Tube a non-exclusive, royalty-free license to use, copy, distribute, and display that digital content. Please note that when you share your BMX Tube content, you allow the recipients to share and make copies of that content.

-Conduct-

You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each video that you upload, share or print. Professional content that are provided to you by professional content creators or made available through websites or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

You agree not to use the Service:

  1. for any unlawful purposes;
  2. to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous or illegal;
  3. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Game-Swap Zone;
  4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  6. to upload, post, email or otherwise transmit any material which is likely to cause harm to BMX Tube or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  7. to make videos manufactured and/or produced by BMX Tube available for viewing by the general public through a publicly posted link to the video or otherwise;
  8. to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.

 

Violation of any of these agreements will result in the termination of your BMX Tube account. While BMX Tube prohibits such conduct and content on its site, you understand and agree that BMX Tube cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the BMX Tube service at your own risk.

You further agree that you shall not:

  1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
  2. provide any information to BMX Tube that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
  3. make duplicate user accounts to bypass account restrictions.
  4. not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BMX Tube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BMX Tube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

 

-Monitoring of Content-

BMX Tube does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.

-Suspension, Modification and Termination of Access and Membership-

You agree that BMX Tube may at any time without notice:

  1. refuse to accept your application to become a member of BMX Tube;
  2. move or suspend any part of the Service; or
  3. refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in BMX Tube 's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires BMX Tube to do so;
  4. modify any username or other content that could be confusing with any BMX Tube products and services or which contains any explicit/objectionable content.

-Storage Policy-

BMX Tube provides online storage of content to its members. If your account becomes inactive for a period of 12 months, BMX Tube may, at its option, terminate access to the account altogether (including deletion of any account information held by Game-Swap Zone). BMX Tube may change this policy at any time, upon reasonable notice to you.

 -User Termination-

The user may cancel their account at any time without refund.

-Disclaimer of Warranty and Limitation of Liability-

BMX Tube agrees that all services will be carried out with reasonable skill and care. THE SERVICE, Game-Swap Zone‘s SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY BMX Tube "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, BMX Tube DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO Game-Swap Zone, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, BMX Tube SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, Game-Swap Zone‘s SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF BMX Tube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

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