Terms & Conditions

 Your Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through the CyTekstudios Inc..com domain name, the "CyTekstudios Inc. Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, the CyTekstudios Inc. privacy notice please do not use the CyTekstudios Inc. Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. CyTekstudios Inc. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

CyTekstudios Inc. Website

These Terms of Service apply to all users of the CyTekstudios Inc. Website, including users who are also contributors of video content, information, and other materials or services on the Website. The CyTekstudios Inc. Website includes all aspects of CyTekstudios Inc., including but not limited to CyTekstudios Inc. channels, the CyTekstudios Inc. "Embeddable Player," and the CyTekstudios Inc. "Video Uploader."

The CyTekstudios Inc. Website may contain links to third party websites that are not owned or controlled by CyTekstudios Inc.. CyTekstudios Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CyTekstudios Inc. will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CyTekstudios Inc. from any and all liability arising from your use of any third-party website.

CyTekstudios Inc. Accounts

In order to access some features of the Website, you will have to create a CyTekstudios Inc. account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CyTekstudios Inc. immediately of any breach of security or unauthorized use of your account.

Although CyTekstudios Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CyTekstudios Inc. or others due to such unauthorized use.

Use of the Website

CyTekstudios Inc. hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions, without CyTekstudios Inc.'s prior written authorization.

You agree not to alter or modify any part of the Website, including but not limited to CyTekstudios Inc.'s Embeddable Player or any of its related technologies.

You agree not to access User Submissions or CyTekstudios Inc. Content through any technology or means other than the video playback pages of the Website itself, the CyTekstudios Inc. Embeddable Player, or other explicitly authorized means CyTekstudios Inc. may designate.

You agree not to use the Website, including the CyTekstudios Inc. Embeddable Player for any commercial use, without the prior written authorization of CyTekstudios Inc.. Prohibited commercial uses include any of the following actions taken without CyTekstudios Inc.'s express approval:

·         sale of access to the Website or its related services (such as the Embeddable Player) on another website;

·         use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;

·         the sale of advertising, on the CyTekstudios Inc. website or any third-party website, targeted to the content of specific User Submissions or CyTekstudios Inc. content;

·         and any use of the Website or its related services (such as the Embeddable player) that CyTekstudios Inc. finds, in its sole discretion, to use CyTekstudios Inc.'s resources or User Submissions with the effect of competing with or displacing the market for CyTekstudios Inc., CyTekstudios Inc. content, or its User Submissions.

Prohibited commercial uses do not include:

·         uploading an original video to CyTekstudios Inc., or maintaining an original channel on CyTekstudios Inc., to promote your business or artistic enterprise;

·         using the Embeddable Player to show CyTekstudios Inc. videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with CyTekstudios Inc.;

·         any use that CyTekstudios Inc. expressly authorizes in writing.

If you use the CyTekstudios Inc. Embeddable Player on your website, you must include a prominent link back to the CyTekstudios Inc. website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

If you use the CyTekstudios Inc. Video Uploader, you agree that it may automatically download and install updates from time to time from CyTekstudios Inc.. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit CyTekstudios Inc. to deliver these to you) as part of your use of the Uploader.

You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, CyTekstudios Inc. Community Guidelines, and all applicable local, national, and international laws and regulations.

CyTekstudios Inc. reserves the right to discontinue any aspect of the CyTekstudios Inc. Website at any time.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the CyTekstudios Inc. Website.

The content on the CyTekstudios Inc. Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CyTekstudios Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CyTekstudios Inc. reserves all rights not expressly granted in and to the Website and the Content.

You may access User Submissions solely:

·         for your information and personal use;

·         as intended through the normal functionality of the CyTekstudios Inc. Service; and for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the CyTekstudios Inc. Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the CyTekstudios Inc. Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the CyTekstudios Inc. Service or otherwise as prohibited under this Agreement.

You may access CyTekstudios Inc. Content, User Submissions and other content only as permitted under this Agreement. CyTekstudios Inc. reserves all rights not expressly granted in and to the CyTekstudios Inc. Content and the CyTekstudios Inc. Service.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the CyTekstudios Inc. Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CyTekstudios Inc. Website or the Content therein.

Original Works: Video(s) submitted by Filmmaker/Videographer are the original work(s) of an amateur or professional Filmmaker/Videographer who holds all right, title and interest in and to the Video(s), including copyright and all other rights, and the Video(s) do not violate the rights of any third parties.

User Submissions and Conduct

As a CyTekstudios Inc. account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, CyTekstudios Inc. does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CyTekstudios Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to CyTekstudios Inc., you hereby grant CyTekstudios Inc. a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CyTekstudios Inc. Website and CyTekstudios Inc.'s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the CyTekstudios Inc. Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CyTekstudios Inc. Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the CyTekstudios Inc. Service. You understand and agree, however, that CyTekstudios Inc. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CyTekstudios Inc. all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the CyTekstudios Inc. Guidelines.

CyTekstudios Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CyTekstudios Inc. expressly disclaims any and all liability in connection with User Submissions. CyTekstudios Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CyTekstudios Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. CyTekstudios Inc. reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

CyTekstudios Inc. will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

CyTekstudios Inc. RESERVES THE RIGHT TO DECIDE WHETHER CONTENT OR A USER SUBMISSION IS APPROPRIATE AND COMPLIES WITH THESE TERMS OF SERVICE. THE CyTekstudios Inc. DOES NOT ENDORSE OR ACCEPT VIDEOS THAT CONTAIN CONTENT SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLENCE, GRAPHIC LANGUAGE/IMAGES. CyTekstudios Inc. MAY REMOVE SUCH USER SUBMISSIONS AND/OR TERMINATE A USER'S ACCESS FOR UPLOADING SUCH MATERIAL IN VIOLATION OF THESE TERMS OF SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE AND AT ITS SOLE DISCRETION.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CyTekstudios Inc. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CyTekstudios Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CyTekstudios Inc. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CyTekstudios Inc. WEBSITE. CyTekstudios Inc. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CyTekstudios Inc. WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CyTekstudios Inc. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL CyTekstudios Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CyTekstudios Inc. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CyTekstudios Inc. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by CyTekstudios Inc. from its facilities in the United States of America. CyTekstudios Inc. makes no representations that the CyTekstudios Inc. Website is appropriate or available for use in other locations. Those who access or use the CyTekstudios Inc. Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless CyTekstudios Inc., its parent corporation, officers, directors, employees and agents, 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 from: (i) your use of and access to the CyTekstudios Inc. Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CyTekstudios Inc. Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CyTekstudios Inc. Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CyTekstudios Inc. Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CyTekstudios Inc. without restriction.

General

You agree that: (i) the CyTekstudios Inc. Website shall be deemed solely based in the State of New York; and (ii) the CyTekstudios Inc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over CyTekstudios Inc., either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. This AGREEMENT will be governed by and interpreted in accordance with the laws of the State of New York. Filmmaker/Videographer agrees to indemnify and hold Company harmless from and against all claims and demands of every kind, including reasonable attorneys' fees, arising out of Filmmaker/Videographer's representations set forth above.

Any claim or dispute between you and CyTekstudios Inc. that arises in whole or in part from the CyTekstudios Inc. .CyTekstudios Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CyTekstudios Inc. Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CyTekstudios Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CyTekstudios Inc. WEBSITE MUST COMMENCE WITHIN ONE (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

BY ACCESSING THE CyTekstudios Inc. WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.