Terms of use
TERMS OF USE
Your use of the TunetoGod Service implies your acceptance of these Terms of Use If You have any questions, Please do not hesitate to Contact Us.
SECTION 1: DESCRIPTION OF THE TUNETOGOD SERVICE
1.1. TunetoGod (“TunetoGod”, “we”, “us” or “our”) is an original, free video hosting website that enables users to access, view, upload, store and share videos. The TunetoGod Service is made up of the TunetoGod website, the TunetoGod video player that is embeddable onto any website the (“Video Player”), the TunetoGod apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the TunetoGod website and/or the Video Player and more generally, any TunetoGod products, content, channels, software, data feeds, services and functionality (“TunetoGod Service”).
1.2. By accessing and/or using the TunetoGod Service, without being logged into a TunetoGod Account, You ("You" or "Your" as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view or share videos available on the TunetoGod Service, but will not be able to benefit from all the other features available on the TunetoGod Service. A “TunetoGod Account” means the video content storage space on the TunetoGod Service which is dedicated to a User (as defined below) on the TunetoGod Service that can be created by signing up for a TunetoGod Account via www.tunetogod.com.
1.3. If You want to be able to upload videos and access some other features of the TunetoGod Service, You will need to first create a TunetoGod Account and have Your email address validated (see Section 1.4.) at which point You will be a “User”. Note however that after having created Your TunetoGod Account and until You have validated Your email address according to the process defined below, You will be an “Account Applicant” and will not be able to upload videos or access the other features of the TunetoGod Service.
1.4. Information provided by You to create Your TunetoGod Account must be accurate and complete. In order for TunetoGod to verify that the email address You provided is valid, You will receive an email from TunetoGod asking You to validate Your email address.
1.5. By creating a TunetoGod Account, You agree that You alone will be responsible (to TunetoGod and to others) for all activity that occurs under Your TunetoGod Account. The user ID and password which are necessary to access Your TunetoGod Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify TunetoGod of any unauthorized use of Your User ID, password or any other breach of Your TunetoGod Account security.
1.6. As a User, You will also have the ability to access some additional features from the TunetoGod Service, and if and when You have accepted the terms of the TunetoGod, You will then be a “User,” you will not have any opportunity to monetize Your Content uploaded on Your TunetoGod Account.
1.7. If You are a User, You may notably upload video files (that must be compliant with the Terms) on the TunetoGod Service. Any and all elements posted through Your TunetoGod Account on the TunetoGod Service are deemed to be “Your Content”.
1.8. As a User, You are expected to be an active part of the TunetoGod community. As such, You also acknowledge that if Your TunetoGod Account remains inactive for a significant period of time, TunetoGod reserves the right to delete, reclaim or remove Your TunetoGod Account in its sole discretion with or without prior notice to You.
1.9. Any and all individuals or entities accessing the TunetoGod Service may be referred hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).
SECTION 2: DESCRIPTION OF THE TUNETOGOD SERVICE
2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity, You signify Your express and unconditional agreement to (1) these terms of use, and (2) all other policies of TunetoGod, including but not limited to the TunetoGod privacy and cookie policies, as accessible at any time from the homepage of the TunetoGod website, and incorporated herein by reference (all collectively, the “Terms”). You may not use the TunetoGod Service if You do not accept or cannot comply with any of the Terms. By using the TunetoGod Service, You acknowledge that You have read and understood the Terms and agree that TunetoGod will treat Your use of the TunetoGod Service as acceptance of the Terms.
2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, the Terms form a legally binding agreement between You and TunetoGod SA in relation to Your use of the TunetoGod Service. Any reference to “TunetoGod” in the terms will then always refer to “TunetoGod SA,” whose details are provided here.
2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, the Terms form a legally binding agreement between You and TunetoGod Inc. in relation to Your use of the TunetoGod Service. Any reference to “TunetoGod” in the Terms will then always refer to “TunetoGod Inc.,” whose details are provided here.
2.3. TunetoGod may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the homepage of the TunetoGod website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the TunetoGod Service. Your continued use of the TunetoGod Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.
2.4. You shall not use the TunetoGod Service if (a) You are not of legal age to form a binding contract with TunetoGod, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the TunetoGod Service under the laws of the country in which You are a resident or from which You access or use the TunetoGod Service.
2.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to TunetoGod that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the TunetoGod Service.
SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire period during which Your Content is hosted on the TunetoGod Service, You grant to TunetoGod the non-exclusive worldwide rights (unless You geoblock certain territories through Your TunetoGod Account), transferable to TunetoGod's Affiliates, to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the TunetoGod Service. “Affiliate” means the other companies within the TunetoGod group and/or Ministries and the fully-owned subsidiaries of TunetoGod SA (now or in the future).
3.2. By making Your Content accessible on the TunetoGod Service, You agree to allow any Visitors of the TunetoGod Service to view and to share Your Content through the TunetoGod Video Player on or through any declination of the TunetoGod Service, as accessible (online or offline) via any current or future device capable of distributing the TunetoGod Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the TunetoGod Service by third-parties (the “Third-Party Video(s)”) available for embedding through the TunetoGod Video Player when on the TunetoGod website (www.TunetoGod.com) and/or when embedded elsewhere may include advertising.
3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which TunetoGod shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the TunetoGod Service, which is conditioned on Your compliance with the Terms.
4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the TunetoGod Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the TunetoGod Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “TunetoGod Material”), is the exclusive property of TunetoGod and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
4.3. TunetoGod Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of TunetoGod or TunetoGod's licensors. You agree to not use or exploit the TunetoGod Material in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based upon or otherwise alter in part or in full any TunetoGod Material.
4.4. All rights not expressly granted in the Terms are reserved to TunetoGod and its licensors.
SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER
5.1. TunetoGod is under no legal obligation to monitor content uploaded on the TunetoGod Service, nor obligated to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access from its TunetoGod Service to any infringing content once having been notified of its existence. Furthermore, TunetoGod does not, and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the TunetoGod website.
5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and TunetoGod in accordance with Section 5.1., may from time to time remove TunetoGod users' content (including Your Content) from the TunetoGod Service without notice. You shall nonetheless remain fully liable for Your Content.
5.3. You agree that Your use of the TunetoGod Service shall be at Your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the TunetoGod Service and more specifically for Your Content (including any personal data that may be incorporated therein) and (ii) the protection of Your computer hardware against any virus or interruption.
5.4. You acknowledge and agree that the TunetoGod Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the TunetoGod Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS” and “as available” without warranties of any kind from TunetoGod or any owners of the Third-Party Video(s). Neither TunetoGod nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the TunetoGod Service, the TunetoGod Material or any other software, content, information, materials or products included on or otherwise made available to You through the TunetoGod Service are free of viruses or other harmful components. TunetoGod may enhance, modify and update the TunetoGod Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the TunetoGod Service.
5.5. TunetoGod, its affiliated companies, officers, directors, employees, agents, vendors and suppliers as well as the owners of the Third-Party Video(s) (the “TTG Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the TunetoGod Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the TunetoGod Service. The TTG Parties make no warranty or representation that the TunetoGod Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your Content and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any other content, or that any information obtained from the TunetoGod Service will be accurate or reliable.
5.6. TunetoGod shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the TunetoGod Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, TunetoGod does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, TunetoGod is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.
5.7. Nothing herein shall exclude or limit TunetoGod's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, TunetoGod shall not be liable for:
(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or
(b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the TunetoGod Service; (ii) any changes which TunetoGod may make to the TunetoGod Service, or for any permanent or temporary cessation in the provision of the TunetoGod Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the TunetoGod Service; (iv) Your failure to provide TunetoGod with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.
5.8. The limitations on TunetoGod's liability defined in this Section shall apply whether or not TunetoGod has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction's law applies to the Terms.
SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE TUNETOGOD SERVICE AND ITS RELATED TECHNOLOGIES
6.1. Considering the user-driven nature of the TunetoGod Service, You are responsible for Your use of the TunetoGod Service, Your TunetoGod Account and/or the Content You upload to TunetoGod. In this regard, You warrant as an essential condition that Your use of the TunetoGod Service, Your TunetoGod Account and/or Your Content, and any images, data and/or text which You may disseminate through the TunetoGod Service:
(i) Do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.
(ii) Do not contain child pornography, sexual abuse or any type of sexually explicit content.
(iii) Do not infringe intellectual property rights of any third-party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement or any other material that You have not created Yourself or for which You do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).
(iv) Do not violate:
o Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).
o Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, harassment).o Publicity and privacy rights (in particular impersonation of an individual or a legal person).
o Personal information rights.
(v) Do not support or promote:
o Any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking and organized criminality.
o The commission of violent extremist or terrorist acts.
o Violence and all other dangerous activities.
(vi) Do not contain verifiably false or misleading information which:
o Is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or
o May cause public harm, or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment or to the security of persons.
6.2. By uploading or disseminating images, data, and/or text to or through TunetoGod Service, You expressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1. and that You have all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the TunetoGod Service.
6.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your TunetoGod Account being deactivated and/or (iii) Your use of the embeddable TunetoGod Video Player being blocked and/or (iv)any elements or data related to Your Content or to Your TunetoGod Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the TunetoGod Service. In addition, TunetoGod reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.
6.4. Because the TunetoGod Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files.
6.5. Moreover, You shall not (i) falsely increase the number of views, impressions or clicks associated with Your Content or Third-Party Video(s) either directly or indirectly, or automatically (such as using robots, botnets or scrapers) or manually, (ii) authorize or encourage any third-party including offering any financial incentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making false, groundless, vexatious, or frivolous submissions.
6.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party Video(s) through the embeddable TunetoGod Video Player does not include any element that: (i) breaches any intellectual property rights of any third-parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third-party's privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any applicable laws. Moreover, You warrant that Your use of the embeddable TunetoGod Video Player shall not be made for: (i)any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the TunetoGod Service or (iii) any unauthorized third-party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable TunetoGod Video Player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the TunetoGod Video Player including but not limited to links back to the TunetoGod website. By embedding Your Content and/or other user's content through the embeddable TunetoGod Video Player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
6.7. You agree not to alter or modify any part of the Third-Party Video(s) and/or of the TunetoGod Service (including but not limited to the TunetoGod Video Player and its related technologies). You agree not to (or attempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of the Third-Party Video(s), TunetoGod Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the TunetoGod Service or the content accessible via the TunetoGod Service. You agree not to collect or harvest any personal data of any Visitor of the TunetoGod Service and to not use the TunetoGod Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
6.8. You agree not to use the TunetoGod Service and any of its related technologies (including without restriction the TunetoGod Video Player, the website, the app and the webapp) for any commercial use unless You obtain TunetoGod's prior written approval, in particular any of the following uses: (i) the sale of access to the TunetoGod Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the TunetoGod Service or content or TunetoGod Video Player.
6.9. You understand and acknowledge that the use of the TunetoGod Service within an unauthorized framework such as the broadcast or the public display of any TunetoGod users' content in public places or shops is prohibited without the express written consent of TunetoGod. You agree not to access content hosted on the TunetoGod Service for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the TunetoGod Service, and solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the TunetoGod Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Third-Party Video(s) for any purpose or in any manner other than Streaming and personal use is expressly prohibited.
If You wish to use another user's content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. In all circumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by copyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the content. You agree to and shall indemnify and hold TTG Parties harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys' fees), and penalty, or other charge (including reasonable attorneys' fees and all other cost of investigating, defending or asserting any claim for indemnification under the Terms) arising from or relating to (i) Your Content,(ii)Your violation of the Terms; (iii) Your use of the TunetoGod Service; and (iv) Your violation of any third-party rights, including without limitation any copyright, property, publicity or privacy rights.
6.10. You agree not to access, view, upload, store, share or export any Third-Party Video(s) deemed illegal and/or contravening the conditions set out in Section 6.1. and especially not to make any use of content that would infringe the copyrights therein.
6.11. You acknowledge and agree that the owners of the Third-Party Video(s) and/or any of our Partners are third-party beneficiaries of the Terms and as such they may have the right to enforce the Terms against You as a third-party beneficiary of the Terms.
SECTION 7: REPORTING PROHIBITED CONTENT
7.1. TunetoGod has implemented an easily accessible mechanism next to each video uploaded on the TunetoGod Service allowing anyone to report the availability of infringing or illegal material and/or activity on the TunetoGod Service set out in Section 6.1.
7.2. Such processes to report prohibited content are described in detail at the following URL: http://www.TunetoGod.com/legal/prohibited.