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Welcome to Muhammadtube.com, a Christian based online video social networking site that connects Christians to a network of believers. Muhammadtube.com allows users to view posted video clips. Registered users can take advantage of many other features offered on Muhammadtube.com, including the ability to create unique video personal profiles online. Muhammadtube.com is owned and operated by InvestigateIslam.com.
Acceptance and Agreement:
By accessing and/or using the Muhammadtube.com web site and the content, features, applications, and services offered in connection with Muhammadtube.com (known as the "Site") you agree to be bound by these Terms of Use and the terms and conditions of the Muhammadtube.com Privacy Notice incorporated into these Terms of Use (known as, this "Agreement"). As a user of the Site, you represent and warrant that you have the right, capacity and authority to enter into this Agreement and will abide by its terms and conditions. If you do not agree with the terms and conditions of this Agreement, you should not access or use the Site.
This Agreement applies to all Registered Users of the Site. You agree to be bound by any modifications to this Agreement when you access or use the Site after any such modification is posted to the Site. It is your responsibility to review this Agreement regularly.
Registered Users:
In order to register with the Site as a Registered Individual User, you must be at least fourteen years of age. Users younger than fourteen are not allowed to view the site without the supervision of a parent or guardian. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with the Site is true and complete. Commercial businesses may not register with the Site unless they are pre-approved by Muhammadtube.com. Muhammadtube.com reserves the right to charge for your registration and for your access to certain content or services on the Site, as may be specified periodacally on the Site. Your registration will take effect upon acceptance of your registration form by Muhammadtube.com. Other terms and conditions may apply to your registration as posted from periodacally on the Site. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account within the sub directory "User Registration - Close Account". Muhammadtube.com reserves the right to reject and to terminate your registration and use of our Site at any time, for any reason without notice to you. If Muhammadtube.com terminates your registration or blocks your use because Muhammadtube.com has determined that you have breached this Agreement, you will not be entitled to any refund of your unused registration or premium services fees, if any.
Rights to Content:
Users retain any rights they have in photos, videos, audio files, text and other materials they submit to the Site or transmit to other users through the Site ("Member Uploads"). Muhammadtube.com retains full ownership or license rights to all other software, content and materials contained within the Site, including without limitation, music, graphics, photos, videos, scripts, sounds, and text ("Content") and to all copyrights, patents, trademarks, service marks and other proprietary rights in and to the Site and the Content. Content and Member Uploads are provided for your personal, non-commercial use only as permitted by the Site and may not be copied, distributed, accessed, modified, sold, performed, reproduced,
displayed, transmitted, published, used, transferred, licensed, or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or Member Uploads, you must retain all copyright and proprietary notices contained therein. You agree not to disable, interfere with , or circumvent the security and use restriction features of the Site.
Member Uploads:
By submitting your Member Uploads to the Site, you assign to Muhammadtube.com a non-exclusive, royalty-free, sublicenseable, transferable and worldwide license to access, modify, use, display, perform, copy, reproduce, prepare derivative works of, transmit, publish and distribute your Member Uploads, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Site and the business of Muhammadtube.com and InvestigateIslam.com., including without limitation for promoting, transmitting and distributing the Site, or any part or derivative thereof, in and through any media and channels. You also hereby assign to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your Member Uploads for their personal, non-commercial use as permitted through the services and functionality of the Site. You are solely responsible for your own Member Uploads and the consequences of your Member Uploads being posted on and distributed through the Site.
You represent and warrant that: (a) you have all rights in and to your Member Uploads (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Member Uploads to the Site and grant the rights to your Member Uploads provided in this Agreement, and (ii) your Member Uploads to be posted and transmitted to and through the Site for the purposes contemplated by the Site and this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Member Uploads in the manner contemplated by the Site and this Agreement, and (c) the posting and transmission of your Member Uploads on and through the Site for the purposes contemplated by the Site and this Agreement does not violate the copyright, trademarks, patents, publicity rights, privacy rights, contract rights, or any other rights of any person or entity.
Prohibited Content:
You agree not to submit or post any User Submission to the Site, or transmit any User Submission through the Site, that (a) is contrary to the evangelization of Jesus Christ and His teachings, or constitutes blasphemy, or is otherwise offensive to our online Christian community, (b) violates any patents, copyrights, trademarks or other intellectual property rights, (c) is illegal, obscene, pornographic, defamatory, or libelous, (d) is abusive, hateful, harassing, or threatening, (e) promotes bigotry, racism, or hatred against any group or individual, (f) is false, misleading or constitutes a misrepresentation, (g) encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate, or (h) promotes the exploitation of, or solicits information from, any person under the age of eighteen. You understand and agree that Muhammadtube.com reserves the right to review, block, edit, and delete any of your Member Uploads for any reason at any time without notice, including without limitation, if Muhammadtube.com determines in its sole discretion that a Member Uploads is prohibited as provided above or otherwise violates this Agreement.
Non-Commercial Use of Website:
The Muhammadtube.com Web Site is meant for ministry and personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval.
You agree not to:(a) solicit personal identifying information for commercial or unlawful purposes from other users; (b) use any information obtained from or through this Site to (1) abuse, harass, or harm another person, (2) for any illegal activity, or (3) without our prior written approval, contact for commercial purposes, to advertise to, solicit, or sell to any other user. (c) use the site for any illegal and/or unauthorized activities, or conduct on or through the Site any illegal and/or unauthorized activities, or; (d) initiate or operate any sweepstakes, contests, advertising barter or pyramid schemes on or through the Site; or (e) transmit any form of chain letters or junk email to other users; (f) establish any unauthorized framing of or linking to the Site.
Muhammadtube.com reserves the right to restrict the number of emails which a user may send to other users in any twenty four (24) hour period to a number which Muhammadtube.com deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site you acknowledge that you will have caused substantial harm to Muhammadtube.com that will be difficult, if not impossible, to ascertain. As liquidated damages for such harm, you agree to pay Muhammadtube.com twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which Muhammadtube.com and InvestigateIslam.com. may be entitled to under this Agreement, at law or in equity.
While Muhammadtube.com assumes no responsibility for monitoring the Site, it will, when deemed appropriate, investigate activity in connection with the Site that Muhammadtube.com believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Muhammadtube.com, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Muhammadtube.com reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Copyright Policy:
Muhammadtube.com prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) Identification of the disputed copyrighted work, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(c) 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;
(d) Information reasonably sufficient to permit the service provider to contact you, e.g., an address, telephone number, and, if available, an electronic mail;
(e) 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; and
(f) 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.
Muhammadtube.com's designated Copyright Agent to receive notifications of claimed infringement is:
Eric P.
iiwebmaster@live.com
Disputes between Users:
The resolution of disputes that may arise between users is the sole responsibility of the users and Muhammadtube.com is indemnified with respect to any such disputes.
DISCLAIMERS:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, CONTENT AND USER SUBMISSIONS ARE PROVIDED "AS-IS" AND Muhammadtube.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR USE THEREOF. Muhammadtube.com DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEB SITE OR SERVICES. THE WEB SITE MAY NOT BE AVAILABLE TEMPORARILY FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.
Muhammadtube.com DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR:
(A) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE,
(B) ANY INTERRUPTION, OMISSION, ERROR, DELAY IN OPERATION, DELETION, DEFECT, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE, ANY CONTENT, OR ANY USER SUBMISSIONS,
(C) ANY TECHNICAL MALFUNCTIONS OR PROBLEMS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS OR PROVIDERS, SOFTWARE, FAILURE OF VIDEO PLAYS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEB SITE OR COMBINATION THEREOF,
(D) ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS POSTED ON OR ACCESSED THROUGH THE SITE OR IN ANY CONTENT OF ANY OTHER WEB SITE LINKED TO THIS SITE,
(E) ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS AND USE OF THE SITE, CONTENT, OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER USERS,
(F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE INFORMATION CONTAINED THEREON, INCLUDING WITHOUT LIMITATION, USER INFORMATION, AND
(G) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, DISABLING OR MALICIOUS PROGRAMS, CODES, SUBROUTINES OR THE LIKE THAT ARE TRANSMITTED THROUGH THE SITE.
Muhammadtube.com ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE AND DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, STATEMENTS OR ADVICE EXPRESSED THEREIN. Muhammadtube.com EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE, CONTENT, AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS IS UNDERTAKEN AT YOUR OWN RISK.
THE SITE IS OPERATED AND PROVIDED BY Muhammadtube.com FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. Muhammadtube.com DOES NOT REPRESENT OR WARRANT THAT THE SITE COMPLIES WITH THE LAWS OF THE JURISDICTION FROM WHICH YOU MAY BE ACCESSING THE SITE THROUGH THE INTERNET. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAW. YOU AGREE THAT (A) THE SITE SHALL BE DEEMED SOLELY BASED IN THE STATE OF CALIFORNIA, AND (B) THE SITE IS A PASSIVE WEB SITE THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER Muhammadtube.com OR InvestigateIslam.com. IN ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL Muhammadtube.com, InvestigateIslam.com. OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS (THE "MUHAMMADTUBE GROUP") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM YOUR ACCESS OR USE OF THE SITE, CONTENT OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER USERS, EVEN IF Muhammadtube.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ANY MEMBER OF THE MUHAMMADTUBE GROUP TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Muhammadtube.com FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE MUHAMMADTUBE SERVICES DURING THE TERM OF YOUR USE. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, CONTENT OR USER SUBMISSIONS MAY BE BROUGHT BY ONE PARTY AGAINST THE OTHER PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
INDEMNITY:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Muhammadtube.com, InvestigateIslam.com. AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSEES, AND ASSIGNS, AND ALL OTHER USERS FROM AND AGAINST ANY AND ALL ROYALTIES, FEES, DAMAGES, PENALTIES, CLAIMS, COSTS AND LOSSES ARISING IN CONNECTION WITH ANY OF YOUR USER SUBMISSIONS OR YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT.
DISPUTES:
YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN CALIFORNIA TO ADJUDICATE ALL CLAIMS, CONTROVERSIES AND DISPUTES THAT MAY ARISE BETWEEN YOU AND ANY MEMBER OF THE MUHAMMADTUBE GROUP; PROVIDED THAT EITHER YOU OR Muhammadtube.com MAY DEMAND THAT SUCH DISPUTES BE SUBJECT TO BINDING ARBITRATION HELD IN CALIFORNIA BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, SUBJECT TO EACH PARTY'S RIGHT TO SEEK INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION.
General:
This Agreement will be governed by the substantive laws of the United States of America and the State of California (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction). This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, superseding any previous or contemporaneous representations, understandings or agreements with respect thereto. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between Muhammadtube.com and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of Muhammadtube.com to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.