Last Revised: September 1st, 2020
1. ACCEPTANCE OF TERMS
These Terms of Service (the “Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and NEW BASICS MEDIA LLC, a limited liability company governed by the laws of the State of Florida, USA (“Company,” ”we,” “our,” or “us”). The Company owns a web application located at www.newbasics.media (“Platform”). The Platform provides content hosting and video streaming services through subscription plans.
By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use the Platform.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform by posting a revised version of the Terms on the Platform and by sending a notification about changes made. Any revisions to these Terms or changes to the Platform will take effect when a revised version is posted on the Platform and a notification is sent unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions.
2. HOW THE PLATFORM WORKS
The Platform offers online content hosting and streaming services (“Services”). Users wishing to use the Services have to sign up for an account on the Platform (“Account”). Any registered user may upload, display, share, and otherwise make available certain information, images, videos, audio tracks, subtitles, closed caption tracks, content metadata such as tags, titles, descriptions, thumbnails, comments, or other materials on the Platform (collectively, “Content“). We do not endorse any such content. All users of the Platform are solely responsible for all interactions and any form of communication between one another. We reserve the right to remove any Content or terminate any Account if we believe that any such Content or user violated these Terms or any policy incorporated herein by reference.
3. LICENSE TO USE PLATFORM
License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
you shall not sublicense, sell, rent, lease, transfer, assign, or distribute your Account to any third party;
you shall not permit anyone else, whose Account was terminated, or who is not a registered user, to use the Platform through your Account;
Violation of any of the above may be subject to termination of your Account or suspension of your access to the Platform.
Modifications/Updates. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Ownership. We and our licensors own all right, title and interest, including all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, trademark, and other names associated with the Platform belong to us, and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We and our licensors, reserve all rights not granted in these Terms.
4. USER ACCOUNT
Accuracy of Information. When you register for an Account on the Platform, you will be asked to provide certain information about yourself. By registering for an Account, you represent and warrant that: (a) all required information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information.
Minimum Age Requirements. In order to become a registered user, you must meet the following minimum age requirements or provide us with a verifiable consent from your parent or legal guardian:
● For users accessing the Platform from the European Union and the European Economic Area: at least sixteen (16) years of age;
● For users who are residents of and/or accessing the Platform from the United States or Brazil: at least thirteen (13) years of age;
● For the rest of the users not falling under any of the previous two categories: at least eighteen (18) years of age or the applicable age of majority in your jurisdiction, whichever is greater.
If you do not meet the above-mentioned age requirements, you have to provide us with a verifiable consent from your parent or legal guardian to become a registered user. In order to obtain a verifiable consent from your parent or legal guardian, your parent or legal guardian must create an Account on the Platform and then create a sub-account for you.
Registering as Entity. If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Deleting Your Account. You may delete your Account at any moment by sending us a request at email@example.com. Once your Account is deleted, all the information associated with your Account will be erased. We may suspend or delete your Account at any time if we suspect that you have violated any provisions of these Terms.
5. USER CONTENT
Responsibility for Content. You are solely responsible for the Content you upload, display, share, or make available on or through the Platform, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content uploaded, displayed, shared, or otherwise made available by you or any other Platform user.
Your Representations and Warranties with Regard to Your Content. By uploading your Content to the Platform, you represent and warrant that: (i) you own the Content and/or you have the right to use it and to grant us and other users of the Platform the license as provided below; (ii) your uploading, displaying or sharing Content on or through the Platform does not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (iii) your Content does not and will not contain sexually explicit content or pornography; and (iv) your Content does not contain any hateful, defamatory, harassing, abusive, libelous, obscene, threatening, discriminatory, or otherwise objectionable content, language, imagery or information and does not incite hatred against any individual or group. We reserve the right to terminate your Account if we find it to be infringing one’s copyright or violating any provisions of these Terms.
Third Party Sites. Users of the Platform may post or embed links to third-party websites and services via user Content (“Third Party Sites“). We do not endorse any of these Third Party Sites and do not own or control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on any such Third Party Site.
YouTube Terms of Service. As Users of the Platform may use the Platform to publish content to YouTube, it’s important the users to also comply with YouTube’s Terms of Service accessible on the following link: https://www.youtube.com/t/terms .
Ownership of Content. You and your licensors (if any) retain any and all of your rights to any Content you upload, post, display, share or otherwise make available on or through the Platform and you and your licensors (if any) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you upload, post, display, or share on or through the Platform.
Your Content in Communication Tools. We provide various open communication opportunities on the Platform (collectively, “Communication Tools”) by allowing users to communicate with one another in user forums, write reviews, and chat with the support group. All of your comments, reviews and feedback constitute your Content. You understand that generally we do not pre-screen or monitor the Content posted by users through these Communication Tools, which means that if you choose to use these Communication Tools in order to share any type of Content, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting Content or otherwise using any Communication Tool, you agree that you will not upload, post, share or otherwise distribute any Content that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; (ii) infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party; (iii) contains any type of unauthorized or unsolicited advertising; or (iv) impersonates any person or entity, including any Company’s employees or representatives.
If you have enabled Content privacy setting or disabled downloading or embedding, we will limit distribution of your Content pursuant to your preference. By enabling access to your Content to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your Content.
The license period begins when you upload the Content to the Platform and ends when you or the Company delete it; provided that the Company may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the Content is the subject of a takedown notice or other legal claim; or (c) when the Company in good faith believes that it is legally obligated to do so.
Our Right to Remove Your Content. We reserve the right at our sole discretion to remove any Content that we feel in our judgment does not comply with these Terms, along with any Content that we may find offensive, harmful, objectionable, inaccurate, or that violates anyone’s rights. Moreover, we are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
6. PAYMENT TERMS
Acceptable Forms of Payment. We accept credit cards payments supported by Stripe, Inc. (“Stripe”). The default currency for all purchases is the US dollars.
You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then the provision of Services may be interrupted. Except as expressly provided in these Terms, all fees paid via the Platform are non-refundable once paid.
Paid Subscription Plans & Recurring Payments. To the extent permitted by applicable law, paid subscriptions will automatically renew at the end of each subscription period unless cancelled beforehand. Monthly subscription plans renew for 30-day periods. Annual subscription plans renew for one-year periods. Unused storage, bandwidth, and other usage limits do not roll over. If your automatic recurring payment is declined, you will be contacted by phone or email. We may restrict your ability to use your Account if no payment is made.
Additional Packages. On top of monthly subscription plans the Platform offers many add-ons that you may purchase on need basis.
Cancellation and Refund Policy. When cancelling any type of subscription, all future charges associated with it will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current billing period. You will not receive a refund, prorated or otherwise, for the remainder of the billing period. However, your subscription access and accompanying subscriber benefits will continue for the remainder of the current billing period. In order to change or cancel your subscription please contact us at firstname.lastname@example.org.
Unpaid Account Will be Deleted After 90 Days. If your subscription is unpaid for the consecutive 90 days, your Account, together with your Content, will be permanently deleted. We will inform you via email before we proceed with deletion of your Account.
7. RELATIONSHIP OF PARTIES
The Company and you (together “Parties” and separately, a “Party”) are independent contractors under these Terms. Nothing herein contained shall be deemed to create or establish an employment, agency, joint venture, or partnership relationship between the Parties, or any other legal arrangement that would impose liability upon one Party for the act or failure to act of another Party. No Party shall have any express or implied power to enter into any contracts, commitments or negotiations or to incur any liabilities in the name of, or on behalf of, the other Party, or to bind that other Party in any respect whatsoever.
8. DISCLAIMERS; WARRANTY; LIMITED LIABILITY; INDEMNIFICATION
No Warranty. The Platform is provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Platform or Services. We do not warrant that your use of the Platform or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of any Service will meet your expectations. Occasionally some information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, or offers.
General Disclaimer. We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any Content available on the Platform. We assume no responsibility for ensuring any user’s compliance with any applicable laws (including copyright laws), rules and regulations or these Terms. We are not responsible for the use of any personal information that you publicly disclose using the Platform. We are not responsible for the conduct of any user of the Platform.
Your Interactions with Other Users. We make no representations or warranties as to the conduct of Platform users. Please carefully select the type of information that you post on the Platform. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with users you meet through the Platform. You do so at your own risk. Therefore, you are solely responsible for your interactions with other users of the Platform, online or offline. You agree to take reasonable precautions in all interactions with other users of the Platform.
Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOST CONTENT, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF PLATFORM AND/OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) INTERACTIONS WITH OTHER USERS OF THE PLATFORM; (2) BREACH OF THESE TERMS; (3) DISPUTES WITH OTHER USERS OF THE PLATFORM; (4) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW; OR (5) YOUR CONTENT. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
9. DISPUTE RESOLUTION
Disputes Among Users. You agree to use your best efforts to settle any dispute you may have with any other user of the Platform in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, we will try facilitating the resolution of the dispute. If you have any dispute, contact us. Company will make an attempt to assist by reviewing the dispute and proposing a mutual, non-binding resolution. If our dispute process does not resolve your problem, you may pursue the issue independently, but you acknowledge and agree that Company will not and is not obligated to provide any dispute assistance beyond what is offered in these Terms.
Disputes Between User and Company. These Terms shall be governed by the laws of the State of Florida, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Broward County, Florida, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
10. MISCELLANEOUS PROVISIONS
Term & Termination. These Terms will remain in full force and effect while you maintain an active Account on the Platform. You may delete your Account at any time and for any reason by sending us a request at email@example.com. We may terminate your Account and these Terms if we find that you have breached these Terms or if your bill has not been paid for longer than ninety (90) days. After your Account is terminated, all provisions that by their nature may survive termination of these Terms shall be deemed to survive such termination.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to firstname.lastname@example.org or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Contact Us. If you have any questions about these Terms, please contact us at:
Mailing Address: 300 SW 1st Ave #155, Fort Lauderdale, FL 33301, US
Phone: +1 (754) 200-9198