1. INTRODUCTION
GamerTube LLC is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the Internet by uploading, storing and displaying various types of media. We do not actively monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the GamerTube.com website and you did not authorize the use of the content you must notify us in writing in order for us to identify the allegedly infringing content and take action.

2. DESCRIPTION OF SERVICE
GamerTube LLC provides its users with access to numerous films and videos. Users of the website can view videos in several different genres with several options for viewing the videos. It is our intention that we expose the user to all types of videos. The user may not agree to the content of the film or the viewpoint of the filmmaker, and GamerTube LLC does not endorse any viewpoint of any video or content provider. This document applies to the entire website, whether it be the film itself, the comments by the users, comments by other viewers, or comments in a forum. The publishers of the website make no endorsement of the content of the website nor take any responsibility for the content of the website. Users and film makers that provide content to the website make the site what it is. GamerTube LLC neither endorses nor disapproves of the content found herein.

GamerTube LLC owns and publishes this website. Certain advertising will be found on the site which is necessary to the continued publication of the site. GamerTube LLC may sell any information gathered of its users on its site.

Any information gathered by GamerTube LLC is for the use of the company and may be sold. A registered user may receive emails from GamerTube LLC of announcements affecting the site and certain promotional activities. Membership to this website is purely optional and the user may withdrawal from membership at any time. Upon written request, GamerTube LLC will remove the user from any list containing administrative or promotional emails as soon as reasonably possible.

3. YOUR OBLIGATIONS
In consideration of your use of the website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the website’s registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

All filmmakers and users must comply with all Federal, State, and local laws of the United States.

5. REGISTERED USER
The website has registration capability.  Registration will grant the user access to the comments, ratings, and forums.  A username and password will be required.  If you agree to register, you will receive a user name and password upon completing the registration process.  You will receive access to the upgraded features of the website including the high resolution videos, the ability to comment and communicate with other users.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all actions that occur under your password or account.  You may terminate you account at any time for any reason.
 
5. MEMBER CONDUCT
GamerTube LLC retains the right to edit, block, or remove any comments that it deems offensive for its own reason.  GamerTube LLC retains the right to edit, block, or remove any film it deems offensive for any reason as well as any comments by the user.  It is our intention to promote active dialogue amongst its users but not dialogue that is offensive to the reasonable person. You understand that by viewing the website, you may be exposed to content that you deem offensive, indecent or objectionable. Under no circumstances will GamerTube LLC be liable for any damages that you might believe we are liable for.

6.  INFRINGEMENT NOTICES
GamerTube LLC strives to abide by all laws of the United States.  We understand and respect all trademarks, copyrights and patents.  If there is a violation of any of the above intellectual property, please inform us at once.

If you believe that any content on the site infringes upon any copy right or trademark recognized by the laws of the United States please inform GamerTube LLC immediately.  Please use the “Contact Us” button on the home page of the website and email us with great detail your claim.  To be valid, the notice must include identification of the copyrighted work, the relationship the author of the complaint has to the copyrighted work, contact information for the author of the notice of infringement, location of the alleged copyright infringement within the website, and a declaration under the penalty of perjury stating that all of the information in the claim of infringement is true and correct.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Service Provider: GamerTube LLC

Name of Agent Designated to Receive Notification of Claimed Infringement: Ben A Krueger

Full Address of Designated Agent to Which Notification Should be Sent: 73-5563 Olowalu St. Suite B203, Kailua Kona, HI 96740

Telephone Number of Designated Agent: (808) 329-8482

Facsimile Number of Designated Agent: (808) 329-8482

E-Mail Address of Designated Agent: ben@mmorpg.com

7.  FILM AND VIDEO SUBMISSION

If you would like to submit a film, please click on the “upload” tab on the homepage and follow the directions.

If the submission is copyrighted by any party other than you, including but not limited to any and all portion thereof, you warrant that you will indemnify and hold harmless GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns, from any and all claims, demands, damages, costs, expenses, loss of services, actions, and causes of actions arising from any act or occurrence, up to the present time, and particularly an account of all loss of profit, diminishment of economic gain, loss of services and loss or damages of any kind sustained or that GamerTube LLC may hereafter sustain in consequence from any and all copyright infringement actions and any and all damages deriving therefrom, including attorney fees, in the defense of the action.

If the submission has been copyrighted by you, the very act of visiting GamerTube.com or uploading a video with our upload tool, you are hereby releasing GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns, from any and all claims, demands, damages, costs, expenses, loss of services, actions, and causes of actions arising from any act or occurrence, up to the present time, and particularly an account of all loss of profit, diminishment of economic gain, loss of service and loss or damages of any kind sustained or that I may hereafter sustain in consequence.

Licensing: By the very act of submitting film, video, audio, or images, you are hereby granting GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns a complete non exclusive license, without limitation, so long as GamerTube LLC exists or a purchaser of GamerTube LLC desires to continue to publish the content, or until you delete the content.

Ownership of Submission: The content maker will always retain ownership of their original works of art. The granting of the non exclusive license to publish the work of art will not infringe upon the Filmmakers ownership of the content.

No Guarantee As To Publication: By entering into this Agreement, GamerTube LLC does not guarantee that it will publish the submission by placing it on the website, or promoting the submission in any way. GamerTube LLC reserves the right to review and evaluate all submissions, and in its sole discretion decides to publish. GamerTube LLC reserves the right to publish the submission in any genre it sees appropriate at its sole discretion.

No Monetary Compensation: Should GamerTube LLC agree to publish your submission, although it is under no obligation to do so, you will not receive any monetary compensation for the licensing of your submission unless GamerTube LLC agrees to do so in a writing signed by both Parties. GamerTube LLC may publish and possibly promote your submission, however, you will receive no further compensation. GamerTube LLC reserves the right to place an advertisement in or around your video to help cover the costs of hosting the content.

No Guarantee As To Non- Competition: GamerTube LLC is in the business of accepting films and art for publication. GamerTube LLC cannot guarantee that another film of work of art will not be similar or even inspired by your submission. You agree to hold GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns harmless and agree to indemnify GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns for any claim of infringement, copyright or theft of intellectual property arising out of the submission of your film or work of art.

Consent: By visiting GamerTube.com or uploading a video with our upload tool, you are warranting that all actors, products, places, have consented to be represented within the film or work of art. Any and all claims against GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns shall be fully indemnified by you and any and all damages against GamerTube LLC, including but not limited to attorneys fees, shall be paid by you.

Viewers: You acknowledge that your submission may be published on the internet. You agree to hold GamerTube LLC and any other person, partnership, firm, corporation, or employee charged or chargeable with responsibility or liability, their heirs, executors, administrators, associates, representatives, successors, and assigns harmless from any unauthorized publication of your submission. GamerTube LLC will encrypt and protect your submission as best as it can, however you as filmmaker acknowledge that some piracy may occur and that you will not hold GamerTube LLC responsible for said piracy.

You represent that you are over the age of 18 years old and that you have read and understood the terms contained herein. You represent that you are under no obligation to submit any material of any kind and that you are doing so of your own free will. You agree to all of the terms contained within this submission form and you agree that no other representation has been made to you that is not included herein. Any change to this Agreement must be in writing signed by all parties. Any dispute regarding the terms of this Agreement shall be subject to the laws of the State of Hawaii and venued in the City and County of Kailua Kona, State of Hawaii.

8.  INDEMNITY
You agree to indemnify and hold harmless GamerTube LLC, all of it’s members, directors, employees, contractors, venders, and agents for any content that is viewed on the website.  Viewing the content contained on the site is for entertainment purposes only and is not an obligation of the user.  You agree to indemnify GamerTube LLC from and against any and all claims damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of the usage of the website.

9.  VENUE
You agree that by using the website any and all claims you may have will be litigated in the City and County of Kailua Kona, State of Hawaii, no matter where you maybe situated or where your claim may be based.

10.  NO WARRANTIES
Usage of this site is “as is”.  GamerTube LLC makes no warranties as to the usage of the site.  There are no promises express or implied in the usage of the website.   GamerTube LLC works hard to prevent any spyware, viruses, worms, Trojan horses, or other code that may infect a users computer.  Unfortunately, some destructive code may get through our screening process.  You agree that you will not hold GamerTube LLC responsible for any damages that you may suffer due to the usage of this site.

GamerTube LLC makes no warranties of non- infringement of any and all intellectual property, copyrights, and trademarks.  We work hard to prevent any infringement and strive to keep the website clean of infringement due to the utmost respect we have for the creator of the intellectually property.  However, we make no warranty that no infringements may occur.  If you believe there is an infringement, please see paragraph 7.

Any damages you may suffer in during your usage of the website are limited to any funds you may have expended in using the site that were paid directly to GamerTube LLC  Information and payment terms and /or any refund can be found on the registration page.

11.  BLOCKING CERTAIN USERS
GamerTube LLC reserves the right the block users that violate the terms contained within this document.  Users who intentionally post comments that are offensive and/or harmful and continue to do so after having their comments deleted may be blocked from using the site.  GamerTube LLC is attempting to create a community with positive feedback and dialogue between filmmakers and the users.  A user may be blocked if he or she posts repeated comments with the intention disrupting the constant flow of dialogue.

12. JURISDICTION
HAWAII USE ONLY. The Site is controlled and operated by Company from its offices in the State of Hawaii. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Hawaii.
 

13. ACKNOWLEDGEMENT
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. 

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.