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.
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.
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.
BMX Tube has a firm commitment to safeguarding your privacy. The terms
of, these Terms.
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.
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 firstname.lastname@example.org. You must provide us
with the following information, which BMX Tube may then forward to the alleged
the material on the Service that you believe infringes your work, with
enough detail so that we may locate it on the Service;
your address, telephone number, and email address;
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;
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
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.
of the Terms-
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
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.
f you have any comments or questions about the Service please contact us
by e-mail at email@example.com.
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.
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.
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.
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.
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:
any unlawful purposes;
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
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;
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;
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service;
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
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
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:
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
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;
duplicate user accounts to bypass account restrictions.
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.
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.
Modification and Termination of Access and Membership-
You agree that BMX Tube may at any time without notice:
to accept your application to become a member of BMX Tube;
or suspend any part of the Service; or
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;
any username or other content that could be confusing with any BMX Tube products
and services or which contains any explicit/objectionable content.
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.
The user may cancel their account at any time without refund.
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.