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Terms of Service

MuskyTube Site Use Agreement

Last updated:  September 17, 2013

  1. 1.       General Conditions and Definitions

This Site Use Agreement (“Agreement”) describes the terms of use of www.muskytube.com (the “Site”). The Site is operated by FollyFishing LLC, an Illinois limited liability company (referred to hereafter as “we” or “us” or “MuskyTube”). MuskyTube provides through the Site an interactive online service that provides information services. By accessing or otherwise using this Site, you (“you” or “User”) agree to be bound by the terms of this Site Use Agreement and by the MuskyTube Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then you may not use this Site. Minors under the age of 13 may not use the Site. Minors under the age of 18 may establish a MuskyTube User account on the Site only with the consent of a parent or legal guardian.

 

  1. 2.      Establishing a MuskyTube User Account

To post video clips or comments on the Site, you must establish a MuskyTube User account. By establishing a MuskyTube User account, you become a Registered User and thereby represent that you are 13 years of age or older and, if you are at least 13 but less than 18 years of age, that you have the consent of your parent or legal guardian to register for a MuskyTube User account. To become a Registered User, you must provide your legal name, a valid email address connected to your legal name, a User name (which may or may not be your legal name), and a password. Once you establish a MuskyTube account, you will receive administrative emails and announcements from MuskyTube. See MuskyTube’s Privacy Policy (below) regarding the information we collect from you and how we use that information.

 

  1. 3.      Updates to Site Use Agreement

We may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of our Agreement.

 

  1. 4.      Site Accessibility and Security

Registered User shall be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. MuskyTube shall not be liable for any damages to, or viruses that might infect, your computer or other property as a result of your access to, use of, or downloading from this Site. Registered User shall be responsible for protecting his or her password(s).

 

You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of MuskyTube, and MuskyTube shall not be responsible for any data lost during Internet transmissions. While it is MuskyTube’s intention to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason. MuskyTube shall not be responsible for any Registered User’s inability to access the Site.

 

  1. 5.      Public Areas and Posting

The Site provides public areas and opportunities for you to post video clips and comments that may be seen by other users and Registered Users. You may not post or transmit through this Site any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of privacy or publicity rights, or otherwise injurious to third parties. You may not post or transmit through this Site any material that violates any license agreements. You may not post or transmit through this Site any material that contains advertising or commercial solicitation without MuskyTube’s prior express, written approval. You may not use this Site to conduct any religious, political, or noncommercial solicitation or any mass mailings. You may not post or transmit any material that contains software viruses. You may not use a false email address, impersonate any person or entity, or otherwise mislead readers as to the origin of the material posted or transmitted through the Site.

 

You acknowledge that any content you post in public areas of the Site (“Registered User Public Content”) is public communication and may be viewed and read by others without your knowledge. By becoming a Registered User and posting video clips or comments on or through the Site, you grant MuskyTube a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute such Registered User Public Content and to use your User name in conjunction with the Registered User Public Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed. MuskyTube does not control or endorse any Registered User Public Content and disclaims liability for any Registered User Public Content posted by you or any Registered User.

 

  1. 6.      Your Representations and Warranties

You represent and warrant that you own have the necessary licenses, rights, consents, and permissions to publish all of the Registered User Public Content that you post and that it is accurate, does not violate this Agreement, and will not cause injury to any person or entity and that you will indemnify MuskyTube for all claims resulting from content that you supply.

 

You acknowledge that the videos you post on the Site also reside on your own channel on www.youtube.com or, if you do not have a channel, on a channel managed by MuskyTube.  You acknowledge that www.youtube.com has its own policies, rules, and procedures, and you agree to comply with those policies, rules, and procedures.

 

  1. 7.      Third Party Content

MuskyTube is a distributor, not a publisher, of content provided by third parties. Content includes all comments, video clips and User names. As a distributor, MuskyTube does not have editorial control over such content. The content provided by third parties represents the views of the respective authors, not of MuskyTube. Neither MuskyTube nor the third parties guarantee the accuracy or completeness of the content nor its merchantability or fitness for any particular purpose. (Refer to Section 8 of this Agreement for more details governing limitation of liabilities and disclaimers of warranty.)

 

MuskyTube is not responsible for the accuracy, usefulness, or reliability of any VIDEO CLIP, OR OTHER INFORMATION PROVIDED on MuskyTube by anyone other than authorized MuskyTube spokespersons while acting in official capacities. MuskyTube is not liable for any loss or damages caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, usefulness, and reliability of any third party CONTENT, including registered user public content, available through this Site.

 

This Site also contains links to third-party websites provided by other content providers. If you access such linked websites, you do so at your own risk. MuskyTube expressly disclaims any representations regarding the content on such third-party websites. See MuskyTube’s Privacy Policy (below) for more information.

 

  1. 8.      Monitoring

MuskyTube shall have the right, but not the obligation, to monitor the content of the Site, including Registered User Public Content. MuskyTube shall have the right to remove or edit any material that MuskyTube, in its sole discretion, finds to be in violation of this Agreement, out of date, or otherwise objectionable without incurring any liability.

 

  1. 9.      Trademarks and Copyrights

“MuskyTube” is a trademark of Folly Fishing LLC. All rights in respect of this trademark are expressly reserved. Everything located on or in this Site, except for Registered User Public Comment, is the exclusive property of Folly Fishing LLC or used with the express permission of the copyright or trademark owner. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MuskyTube or the copyright owner. Permission is granted to display, copy, download, and view the materials on this Site only for personal, non-commercial use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Upon termination of this permission, you must immediately destroy any downloaded and printed materials. You also may not, without MuskyTube’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

 

  1. 10.  Digital Millennium Copyright Act

If you are a copyright owner or an owner’s agent and find content on the Site that you believe infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to [email protected] (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
  • 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
  • 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.

 

If you believe that your content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to [email protected]:

  • Your physical or electronic signature;
  • Identification of the content that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in then Northern District of Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by [email protected], MuskyTube may send a copy of the counter-notice to the original complaining party informing that person that MuskyTube may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the Registered User who provided the content, the removed content may be replaced in 14 business days or more after receipt of the counter-notice, at MuskyTube’s sole discretion.

 

  1. 11.  MuskyTube’s Representations, Warranties, and Limitation of Liability

To provide its services, MuskyTube uses third party social media, including www.youtube.com, which has its own policies, rules, and procedures. MuskyTube shall make reasonable efforts to comply with those policies, rules, and procedures. HOWEVER, MUSKYTUBE makeS NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE THIRD PARTY SOCIAL MEDIA WILL MAINTAIN POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE MUSKYTUBE TO PROVIDE ITS SERVICES.  IN THE EVENT THAT THE THIRD PARTY SOCIAL MEDIA CEASE TO PROVIDE POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE MUSKYTUBE TO PROVIDE ITS SERVICES, MUSKYTUBE MAY TERMINATE OR SUSPEND ITS SERVICES. IF MUSKYTUBE TERMINATES OR SUSPENDS ITS SERVICES, IT HAS NO OBLIGATION TO PROVIDE ANY SERVICES TO YOU.

 

You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MUSKYTUBE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither MUSKYTUBE nor any of its affiliates, employees, agents, or third party content providers or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSKYTUBE disclaims ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUSKYTUBE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM MUSKYTUBE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSKYTUBE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, special, CONSEQUENTIAL, and PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

  1. 12.  Indemnification

You agree to defend, indemnify, and hold harmless MuskyTube, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.

 

  1. 13.  Electronic Communication

You agree to receive communications from MuskyTube in an electronic form at the email address you provide when you become a Registered User and agree that all terms and conditions, agreements, notices, disclosures, and other communication that MuskyTube provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

 

  1. 14.  Program Changes and Termination

MuskyTube may terminate this Agreement at any time for any reason without prior notice. Without limiting the foregoing, MuskyTube shall have the right to terminate immediately any passwords or User names in the event of any conduct by you that MuskyTube, in its sole discretion, deems unacceptable or in the event you violate any terms or conditions of this Agreement. If you no longer wish to be a Registered User, you may contact us at follyfishingllc.com to request termination of your User name. Termination of your status as a Registered User does not automatically result in the deletion of any videos that you have posted.  If you wish to delete any videos that you have posted, you may contact us at follyfishingllc.com and request deletion of the videos you posted by providing us with detailed information regarding the location of your videos on the Site. Please see MuskyTube’s Privacy Policy (below) for more information on how we use information that you have provided to us or posted on the Site. The provisions of Sections 2, 5, 6, 7, 9, 10, 11, 15, and 16 shall survive termination of this Agreement.

 

  1. 15.  Dispute Resolution

You agree that this Site Use Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflicts of law provisions. You agree that, as to any dispute arising out of or related to this Site Use Agreement, the parties shall submit such dispute to an impartial mediator located in Cook County, Illinois, for resolution.  If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.

 

  1. 16.  Completeness and Severability

This Site Use Agreement and any operating rules for MuskyTube constitute the entire agreement between the parties with respect to the subject matter herein. No waiver by MuskyTube of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

 

  1. 17.  Contacting Us

You may contact us at any time by emailing us at [email protected].

 

Privacy Policy

 

Last updated:  September 17, 2013

 

MuskyTube appreciates that you care about how information about you is used and shared.  This Privacy Policy describes the privacy policy of MuskyTube and its website, www.muskytube.com (the “Site”). MuskyTube shall mean Folly Fishing LLC, an Illinois limited liability company, its members, officers, agents, employees, successors, and assigns (referred to hereafter as “we” or “us”).  By accessing or otherwise using MuskyTube, you agree to the terms and conditions of this Privacy Policy and of the associated Site Use Agreement (above). If you do not agree, or are legally unable to agree, to the terms, exit this page and do not access or use the Site.

 

Updates to Privacy Policy

We may update or change this Privacy Policy from time to time by posting the revised Privacy Policy on the Site. The revised Privacy Policy is effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of our Privacy Policy.

 

Types of Information about Users Gathered by MuskyTube

The information we gather about users of this Site enables us to provide you with the services you seek and helps us to personalize and continually improve our service to you. Here are the types of information we gather:

  • Information You Give Us:  We receive and store any information you enter on the Site or provide us in any way. For example, you provide us with information when you become a Registered User, post comments or video clips, provide feedback, or interact with the Site in other ways. We may ask you to provide us with certain personally identifiable information, such as your legal name, user name, email address, physical address, password, or www.youtube.com account. Some of the information we ask you to provide us is mandatory and some is voluntary. If you do not provide the mandatory information requested for a particular activity, you will not be permitted to participate in that activity.
  • Automatic Information:  We receive, analyze, and store certain types of information whenever you interact with the Site whether or not you have established a User account with us. For example, we collect the Internet protocol (IP) address used to connect your computer to the Internet; your login and email address; information about your browser and operating system; and the Uniform Resource Locators (URLs) of the websites you visited before and after our Site. We also place cookies on your computer to prevent fraud and to personalize your experience on our site. A cookie is a small piece of information that a website can send to your browser and may then be stored on your computer’s hard drive. You may be able to block, delete, or disable such cookies, but doing so may prevent you from taking advantage of some or all MuskyTube services. We additionally may use software tools, such as Google Analytics® and web beacons, to collect information about how Users move about and use our Site in order to improve our services.
  • Information from Other Sources:  We may combine information you provide us with information from third parties to correct our records, personalize your experience, or enhance our services.  This may include, but is not limited to, information from our advertisers.

 

How MuskyTube Shares the Information It Receives

Information about our users is a critical part of our business.  We are not in the business of selling that information to others, but we may share user information with others in the following ways:

  • With Other Users:  If you become a Registered User on our Site, we post your User name in connection with any video clips or comments that you post.
  • With Authorized Third Party Service Providers:  We employ other companies, such as Google®, and individuals to perform functions on our behalf, such as analyzing data, hosting video clips, and operating our Site, and we may provide your personally identifiable information with these parties.
  • With Third Party Advertisers and Other Websites:  We use Third Party Advertisers to display advertisements when you visit our Site, and our Site includes links to other websites. We may share aggregated, non-personally identifiable information with these Third Party Advertisers and other websites. When you access the ads Third Party Advertisers place on this Site, their websites may send their advertisements directly to your browser; they may also use cookies and other technology to measure the effectiveness of or personalize their advertisements and links. We do not have access to and cannot control cookies or other features used by the Third Party Advertisers and linked websites, and their information practices are not covered by this Privacy Policy. We encourage you to contact them directly for information about their privacy policies. You may obtain useful information about Internet advertising companies, including how to opt out of their information collection, by contacting the Networking Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp.
  • To Parent or Affiliated Companies:  While we currently do not have a parent company, subsidiaries, or any other companies under a common control, we may in the future, and we may share your personally identifiable information with these companies, in which case we will require them to honor this Privacy Policy.
  • In a Change of Ownership:  As we continue to develop our business, we might merge with or be acquired by another company.  If this happens, the successor company could acquire the information we maintain, but personally identifiable information would remain subject to this Privacy Policy.
  • For MuskyTube’s Protection or the Protection of Others:  We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary to comply with the law or a court order; enforce our Site Use Agreement or other agreements; or protect the rights, property, or safety of MuskyTube, our users, or others.

 

Security of Your Information

To protect the security of your personally identifiable information, we use WordPress standard encryption. It is also important for you to protect against unauthorized access to both your password and your computer and to sign off when you finish using a shared computer.

 

Managing Your Information

You have options for managing your personally identifiable information on MuskyTube:

  • You can select a User name that is not your legal name.
  • We will not send you promotional emails without your permission. As a condition of having a User account on MuskyTube, however, you agree to receive from us administrative emails that relate to your activity on our Site and announcements about new features or changes to the Site.
  • If you have provided your email address to a MuskyTube Third Party Advertiser and no longer want to receive emails from that Third Party Advertiser, you must notify directly that advertiser.
  • If you no longer want to use the Site, you may email us at [email protected] to request that we delete you as a Registered User. Your personal information may remain in our historical records, but it will no longer be accessible on our Site by your name and you will no longer receive emails from us about new features or changes to the Site.
  • If you wish to delete any videos that you have posted, you may contact us at follyfishingllc.com and request deletion of the videos you posted by providing us with detailed information regarding the location of your videos on the Site. Comments that you have posted in connection with other Users’ videos may still be visible on the Site.

 

Children’s Privacy Issues

Minors under the age of 13 may not use the MuskyTube Site. We do not knowingly collect or maintain information from anyone under the age of 13. Minors under the age of 18 may establish a User account on MuskyTube only with the consent of a parent or legal guardian. By establishing a MuskyTube User account, you represent that you are 13 years of age or older and, if you are at least 13 but less than 18 years of age, that you have the consent of your parent or legal guardian to register for a MuskyTube User account.

 

Public Areas and Posting

The Site provides public areas and opportunities for Registered Users to post video clips and comments (“Registered User Public Content”) that may be seen by other users. This Registered User Public Content will be available for others to view, read, or use.  We have no control over who views, reads, or uses the content you voluntarily post. You agree not to post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. If you do post Registered User Public Content, you grant MuskyTube a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute such Registered User Public Content and to use your User name in conjunction with the Registered User Public Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

 

Dispute Resolution

You agree that this Site Use Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflicts of law provisions. You agree that, as to any dispute arising out of or related to this Site Use Agreement, the parties shall submit such dispute to an impartial mediator located in Cook County, Illinois, for resolution.  If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.

 

Contacting Us

You may contact us at any time about this Privacy Policy by emailing us at [email protected]