TERMS OF SERVICE

Welcome to FuniTube!

Introduction

Thank you for using the FuniTube platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center.

Your Service Provider

The entity providing the Service is Chifrando technology, a company operating under the laws of Nigeria, located at Portharcut Rivers state  (referred to as “FuniTube”, “we”, “us”, or “our”). References to FuniTube’s “Affiliates” in these terms means the other companies within the chifrando group.

Applicable Terms

Your use of the Service is subject to these terms, the FuniTube Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on FuniTube Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You may use the Service if you are at least 18 years old.

Permission by Parent or Guardian

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on FuniTube.

Businesses

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, FuniTube or a third party (collectively, "Content”). Content may be provided to the Service and distributed by our users and FuniTube is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, such as by violating the Community Guidelines or the law, you can report it to us.

 Accounts and FuniTube Channels

You can use parts of the Service, such as browsing and searching for Content, without having a FuniTube account However, you do need a FuniTube account to use some features. With a FuniTube account, you may be able to like videos, subscribe to channels, create your own FuniTube channel, and more.

Creating a FuniTube account will give you access to additional features and functions, such as uploading videos, making comments or creating playlists. 

To protect your FuniTube is account, keep your password confidential. You should not reuse your FuniTube account password on third-party applications.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show FuniTube videos through the embeddable FuniTube player.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from FuniTube and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
3. access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines.
4. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above;
5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions

Reservation

Any right not expressly granted to you in this Agreement remains the right of FuniTube  or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Develop, Improve and Update the Service

FuniTube is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the FuniTube Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Your Content and Conduct

Uploading Content

If you have a FuniTube channel, you may be able to upload Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to FuniTube and other users of the Service, as described below.

Licence to FuniTube 

By providing Content to the Service, you grant to FuniTube a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require FuniTube to:

(a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or

(b) delete copies we reasonably need to keep for legal purposes.

Right to Monetize

You grant to FuniTube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from FuniTube under any other agreement between you and FuniTube (including for example payments under the FuniTube Partner Program or Channel memberships ) will be treated as royalties.  If required by law, Google will withhold taxes from such payments.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By FuniTube 

If we reasonably believe that any of your Content

(1) is in breach of this Agreement or

(2) may cause harm to FuniTube, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so:

(a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for FuniTube or our Affiliates;

(b) would compromise an investigation or the integrity or operation of the Service; or

(c) would cause harm to any user, other third party, FuniTube or our Affiliates.

Community Guidelines Strikes

FuniTube  operates a system of “strikes” in respect of Content that violates the  FuniTube community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from FuniTube. If you believe that a strike has been issued in error, you may appeal here.

If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and FuniTube reserves the right to terminate your FuniTube account or your access to all or part of the Service.

Copyright Protection

We provide information to help copyright holders manage their intellectual property. If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement according to the process in our FuniTube Copyright.

Account Suspension and Termination

Terminations by You

You may stop using the Service at any time which involves closing your FuniTube account and removing your data, with the option to download a copy of your data first. 

Terminations and Suspensions by FuniTube

FuniTube reserves the right to suspend or terminate your account or your access to all or part of the Service if:

(a) you materially or repeatedly breach this Agreement;

(b) we are required to do so to comply with a legal requirement or a court order; or

(c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, FuniTube or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by FuniTube unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, FuniTube or our Affiliates.

Effect of Account Suspension or Termination

If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form.

Other Legal Terms

Warranty

We provide the Service with reasonable care and skill.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, FuniTube does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, FuniTube and its Affiliates will not be responsible for:

1. losses that were not caused by FuniTube or its Affiliates’ breach of this Agreement;
2. any loss or damage that was not, at the time that this Agreement was formed between you and FuniTube, a reasonably foreseeable consequence of FuniTube or its Affiliates breaching this Agreement; or
3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

1. FuniTube and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
2. FuniTube and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that FuniTube has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to FuniTube, of the claim and (b) 500, whichever is higher.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by FuniTube. FuniTube has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Changing this Agreement

We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

FuniTube may transfer all or part of this Agreement to an Affiliate or, if FuniTube is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

This Agreement, and your relationship with FuniTube under this Agreement, will be governed by Nigeria Law

If mandatory local law prohibits a dispute under this Agreement from being resolved by the courts of Nigeria, disputes can be brought in your local courts. If mandatory local law prohibits a local court from applying Nigeria law to a dispute under this Agreement, that dispute will be resolved according to the laws of your country of residence.

Effective as of May 24, 2023