GENERAL TERMS


  1. YOUR LEGAL RELATION WITH VOUBS
    1. Your use of the VOUBS website ("Website") and any VOUBS product, channel, software, data exchange and services, including the embedded video player VOUBS ("VOUBS Player") provided to you on or by, or via the Website by VOUBS (together with a "Service") is subject to the terms of a contract between you and VOUBS. "VOUBS" means VOUBS.
    2. Your contract with VOUBS consists of (A) the terms and conditions set out in this document, (B) the Privacy Policy of VOUBS and (C) the Rules of VOUBS Community (collectively referred to as the "Terms").
    3. The Terms constitute a legally binding contract between you and VOUBS, regarding your use of the Service. It is important to take the time to read them carefully.
    4. The Terms apply to all users of the Service, including users who also provide Content to the Service. "Content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you can watch on, have access to, or include in the Service.
  2. ACCEPTANCE OF THE TERMS
    1. In order to use the Service, you must first accept the Terms. You cannot use the Service if you do not accept the Terms.
    2. You can accept the Terms by simply using the Service. You understand and agree that VOUBS will treat your use of the Service as acceptance of the Terms from the relevant time on.
    3. You cannot use the Service and you cannot accept the Terms if (a) you are not of the age at which you can enter into a legally binding contract with VOUBS, or (b) if you are a person who is not authorized or is otherwise legally prevented from receiving or using the Service under the laws of the country in which you reside or via which you reach or use the Service.
    4. It is recommended to print or save a copy of the Terms in your archive for further reference.
  3. MODIFICATIONS TO THE TERMS

    VOUBS reserves the right to make changes to the Terms, for example: in order to reflect changes in legislation or regulatory changes, or changes to functionality, offered through the Service. Therefore, you should regularly review the Terms to check for such changes. The amended version of the Terms will be published in section "Terms of Use". If you do not agree to the Amended Terms, you must stop using the Service. Your continued use of the Service following the date of publication of the Amended Terms will constitute acceptance from you of Amended Terms.
  4. VOUBS ACCOUNT
    1. In order to have access to some of the functionality of the Website or other elements of the Service, you must create a VOUBS account. When you create your account, you must provide accurate and complete information. It is important to keep your VOUBS account password secret.
    2. You should notify VOUBS immediately upon breach of security or unauthorized use of your VOUBS account of which you find out.
    3. You agree that you are solely responsible (in with regard to VOUBS, and other persons) for the activity, which is carried out through your VOUBS account.
  5. GENERAL LIMITATIONS OF USE
    1. Hereby VOUBS provides you with the right to access and use the Service, subject to the following express Terms, while you agree that failure to comply with any of these Terms constitutes a breach of the Terms on your part:
      1. you agree not to distribute any part or parts of the Website or the Service, including but not limited to Content, regardless of the "media", without the prior written consent of VOUBS, unless VOUBS does not provide the means for such distribution through functionality offered by the Service (such as e.g. VOUBS Player);
      2. you agree not to alter or modify any part of the Website or the Service (including, but not limited the VOUBS Player and related technologies);
      3. you agree not to access content through technology or means other than the pages for video playback, the VOUBS Player or other devices specifically designed for that purpose by VOUBS;
      4. you agree not to (or attempt to) circumvent, turn off or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or Content available through the Service;
      5. you agree not to use the Service (including the VOUBS Player) for any of the following types of usage for commercial purposes, unless you have the prior written approval of VOUBS:
        1. selling access to the Service;
        2. selling advertising, sponsorships or promotions published on or into the Service or Content;
        3. selling advertising, sponsorships or promotions of any page of a blog, on which ads are possible, or a website, containing Content, provided through the Service, unless another material, not obtained from VOUBS, appears on the same page and is of sufficient value to be the basis for such sales.
      6. such prohibited commercial use does not include (1) uploading original videos on VOUBS, (2) maintaining an original channel on the Website in order to promote a business or creative initiative, (iii) displaying VOUBS videos by the VOUBS Player or otherwise, in a blog, on which ads are possible, or on a website, subject to the restrictions on advertising in 5.1(E) (3) above; and (4) any use that is expressly authorized by VOUBS in writing;
      7. if you use the VOUBS player on your website, you shall not modify, upgrade or block any portion or functionality of the VOUBS Player, including but not limited to links to the Website;
      8. you agree not to use or put into an automated system (including, but not limited to robot, spider or offline reader) that accesses the Service in a way that sends more requests to the VOUBS server per unit time than one could reasonably produce in the same period of time by using a publicly available standard (i.e. unmodified) web browser;
      9. you agree not to collect or acquire any personal data of any user of the Website or the Service (and agree that this shall deem user names of VOUBS accounts included);
      10. you agree not to use the Website (including the comments and email features of the Website) for attracting business in the course of trade or in connection with a trader;
      11. you agree not to attract, for commercial purposes any user of the Website with regard to its content; and
      12. you agree not to access Content for a reason other than personal use and non-commercial purposes, and only in accordance with the purpose and permitted in normal operation of the Service, and solely for Streaming. "Streaming" means the simultaneous digital transmission of VOUBS material via the Internet to a user operated device with Internet access, in such a way that the data is intended to be viewed in real time, and not be downloaded (permanently or temporarily), copied, stored or distributed by the user.
      13. you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use Content for any other purpose without the prior written consent of VOUBS or the respective licensors of the Content.
    2. You agree to comply with all other provisions of the Terms and the VOUBS Community Rules throughout the use of the Service.
    3. VOUBS provides public search operators with permission to use the Web to copy materials from the site for the sole purpose of creating publicly available indexes for search of materials, but not cached or archived versions of such materials. VOUBS reserves the right to revoke these exceptions either generally or in specific cases.
    4. VOUBS is constantly innovating in order to provide the best possible solutions to its customers. You acknowledge and agree that the form and nature of the services to be provided by VOUBS, may change without prior notice to you.
    5. As part of this ongoing process of innovation, you acknowledge and agree that in its sole discretion VOUBS may stop (permanently or temporarily) providing the Service (or functionality within the Service) to you or to users generally, without prior notice to you. You can stop using the Service at any time. It is not necessary to deliberately notify VOUBS when you stop using the Service.
    6. You agree that you are solely responsible (and that VOUBS shall not be responsible with respect to you or any third party) for breach of your obligations under these Terms and for the consequences (including loss or damage which may be incurred to VOUBS) resulting from such violation.
    7. VOUBS creates virtual currency, called Wings. Wings is a virtual currency which is used by the VOUBS platform as a medium of exchange. Each user has the right to buy a certain amount of Wings against the corresponding amount of money. The purchase of Wings is done consciously and voluntarily in order to use certain services in the VOUBS platform. The unspent Wings cannot be transferred back to the user to real money. Once bought, the user has no right to request their money back, and can only use the currency to buy additional functions from the VOUBS platform. Through Wings the user may promote a media of their choice, to participate in contests, to create contests, to buy products and any other activities, not mentioned hereinafter, but which are available on the VOUBS platform. Wings may be won through activities in the website or through participation in contests. Wings is a product by Famoso group (VOUBS), created to provide the users with more possibilities and additional services. The currency is unidirectional and cannot be exchanged for real currency in an account.
  6. COPYRIGHT POLICY
    1. VOUBS applies a clear policy on copyright regarding Content that allegedly infringes copyrights of a third party.
    2. As part of the copyright policy of VOUBS, VOUBS will terminate user's access to the Service if it is found that the user is a repeat infringer. Repeat infringer is a user who is notified about carrying out infringing activities more than twice.
  7. CONTENTS
    1. As an account holder in VOUBS, you can submit Content. You acknowledge that whether the Content was made public or not, VOUBS provides no guarantee of confidentiality on thereof.
    2. You retain ownership of the Content, but are required to grant limited license rights to VOUBS and other users of the Service. This is described in paragraph 8 of these Terms (Licensing Rights).
    3. You acknowledge and agree that you are solely responsible for your Content and the consequences of its publication. VOUBS shall not provide support or approval of Content, or opinion, recommendation or advice expressed therein, and VOUBS explicitly excludes any liability in relation to Content.
    4. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions that are required in order VOUBS to be able to use your Content for the purposes of providing the service by VOUBS, and use otherwise your Content in the manner provided by the Service or these Terms.
    5. You agree that your behavior on the site will comply (and agree that all your Content will be in accordance) with the VOUBS Community Rules, available in their respective current version.
    6. You agree that you will not post or upload Content which contains material the possession of which by you is illegal in the country in which you reside, or for which the use or possession of VOUBS in connection with the Service shall be unlawful.
    7. You agree that the Content you provide to the Service will not contain copyright material of third parties, or material that is subject of other rights of a third party (including the right to privacy or the right to control their presence in the public domain) unless you have a formal license or permission from the copyright owner or otherwise have a legal right to post the material and give VOUBS license under paragraph 8.1 below.
    8. If VOUBS becomes aware of a potential violation of these Terms, VOUBS reserves the right (without obligation to do so) to decide whether the Content complies with the requirements for content according to these Terms and may remove such Content and/or terminate the user's access for uploading Content that is in violation of these Terms at any time, without prior notice and in its sole discretion.
    9. You also understand and acknowledge that using the Service, you may be exposed to Content that is factually incorrect, offensive, immoral or otherwise contradictory to you. You agree to opt out, and hereby waive any rights and means of redress that you have or may have against VOUBS to such Content.
  8. LICENSING RIGHTS
    1. When you upload or post Content to VOUBS, you grant:
      1. VOUBS, with coverage worldwide, non-exclusive, no consideration paid, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display and present such Content in connection with the Service and otherwise, and with the commercial activities of VOUBS, including without limitation to it, promoting and redistributing part or all of the Service (and its derivative works) regardless of the form of medium and media channel;
      2. any user of the Service, with coverage worldwide, non-exclusive, no consideration paid, license to access your Content through the Service and to use, reproduce, distribute, prepare derivative works of, display and present this Content to the extent permitted by the functionality of the Service and these Terms.
    2. The licenses Provided by you with the above, regarding Content shall terminate when you remove or delete your Content from the Website. The licenses Provided by you with the above, regarding comments in text format which you provide as Content, is not limited in time and irrevocable, without prejudice to your rights of ownership, which you retain under paragraph 7.2 above.
  9. VOUBS WEBSITE CONTENT
    1. With the exception of the Content provided in the Service by yourself, any Content on the Service is either owned by or licensed to VOUBS, and subject to copyright, brand rights and other intellectual property rights of VOUBS or VOUBS’ licensors. Any trademark or service mark of any third party, available in the Content that is not uploaded or posted by you, is a trademark or service mark of its respective owners. Such content cannot be removed, copied, reproduced, distributed, transmitted, broadcast, represented, sold, licensed or otherwise used for any other purpose without the prior written consent of VOUBS or, where applicable, VOUBS’ licensors. VOUBS and its licensors reserve all not expressly granted rights in and regarding their Content.
  10. VOUBS REFERENCES
    1. The Service may include hyperlinks to other websites that are not owned or controlled by VOUBS. VOUBS has no control over and is not responsible regarding content, policies on the protection of personal data, or practices of third party websites.
    2. You acknowledge and agree that VOUBS shall not be responsible for the availability of such external sites or resources, and does not support or vouch for any advertising, products or other materials on or available from such websites or sources.
    3. You acknowledge and agree that VOUBS shall not be liable for any loss or damage which you may suffer as a result of the availability of such external sites or resources, or as a result that you rely on the completeness, accuracy or existence of advertising, products or other materials on or available from such websites or sources.
    4. VOUBS invites you to be careful when you leave the Service and to read the terms and privacy policy of each such website you visit.
  11. TERMINATION OF YOUR RELATIONSHIP WITH VOUBS
    1. The terms apply until their termination by you or VOUBS, according to the terms below.
    2. If you wish to cancel your contract with VOUBS, you can do so by (a) notifying VOUBS at any time and (b) closing your VOUBS account. Your notification shall be sent in writing to the address of VOUBS, indicated at the beginning of these Terms.
    3. VOUBS may at any time terminate its agreement with you if:
      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or
      2. the law requires this of VOUBS (for example, where the provision of the Service to you is, or becomes, unlawful); or
    4. VOUBS may at any time terminate its agreement with you if:
      1. VOUBS is in a process of phasing out the Service to users in the country in which you reside or from which you use the Service; or
      2. providing the Service to you by VOUBS, in the opinion of VOUBS, has ceased to be commercially profitable, while in each of the cases under A and B of this clause 11.4, provides, where possible, reasonable notice of termination.
    5. Upon termination of these Terms, all rights, obligations and responsibilities that have been used by you and VOUBS, or were applicable to you and VOUBS (or which have accrued over the period of time when the Terms have been in effect) or are explicitly indicated as open-ended, remain unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
  12. EXCLUSION OF WARRANTIES
    1. Nothing in these Terms shall affect legal rights which you are always entitled to in your capacity of user, and which you cannot contractually change or which you cannot opt out.
    2. The Service is provided "as is" and VOUBS does not give you any guarantee or declaration with respect thereto.
    3. In particular, VOUBS does not declare and guarantee to you that:
      1. your use of the Service will meet your requirements;
      2. your use of the Service will be uninterrupted, timely, secure or error-free;
      3. information obtained by you as a result of your use of the Service will be accurate or reliable; and
      4. that defects in the operation or functionality of any software provided to you as part of the Service will be eliminated.
    4. Unless expressly stated otherwise in the Terms, with regard to the Service, no terms, warranties and other requirements (including implied requirements of satisfactory quality, fitness for purpose or conformance with description) shall apply.
  13. LIMITATIONS OF LIABILITY
    1. Nothing in these Terms shall exclude or limit the liability of VOUBS for losses, which under current legislation cannot validly be excluded or limited.
    2. Subject to paragraph 13.1 above, VOUBS shall not be liable towards you for:
      1. any indirect or consequential loss that you may suffer. This includes (1) loss of profits (whether suffered directly or indirectly); (2) loss of goodwill or business reputation; (3) loss of opportunity or (4) loss of data suffered by you;
      2. any loss or damage which may be suffered by you as a result of:
        1. reliance on your part on the completeness, accuracy or existence of any advertising, or as a result of a relationship or transaction between you and the advertiser or sponsor whose advertising is available in the Service;
        2. changes which VOUBS may make to the Service, or permanent or temporary cessation of the provision of the Service (or features in the Service);
        3. deletion, corruption, failure to store any Content or other communications data maintained or transmitted by or through your use of the Service;
        4. your failure to provide accurate account information to VOUBS;
        5. your failure to keep your password or your VOUBS account data secret.
    3. The limitations of liability of VOUBS to you pursuant to paragraph 13.2 above shall apply whether VOUBS has been advised of or should have known of the possibility of such losses.
  14. GENERAL TERMS
    1. These Terms constitute the entire agreement between you and VOUBS and govern your use of the Service and completely replace any prior agreements between you and VOUBS in connection with the Service. All other terms of services that other companies may apply at the time are specifically excluded from these Terms.
    2. You agree that VOUBS may notify you, including regarding changes to the Terms, by email, regular mail or by notification in the Service.
    3. You agree that if VOUBS does not exercise or execute any of its rights or means of redress, provided for in these Terms (or to which VOUBS is entitled under applicable law), this does not constitute a formal waiver of VOUBS rights and these rights and means of redress continue to be available for VOUBS.
    4. If the court with jurisdiction to decide such an issue, ruled that a provision of these Terms is invalid, then the corresponding provision will be removed from the Terms without affecting the rest of them. The remaining provisions of the Terms will continue to be valid and in force.
    5. You acknowledge and agree that each member of the group of companies to which VOUBS belongs, has the capacity of a third party beneficiary to the Terms, and that such companies are entitled to directly enforce, and rely on the provisions of these Terms which provide them with benefits (or rights in their favor). No other person or company may be third party beneficiary to these Terms.
    6. These Terms and your relationship with VOUBS under these Terms shall be governed by the Bulgarian law. VOUBS and you agree that the courts of the Republic of Bulgaria shall have exclusive jurisdiction to resolve any legal matter arising from these Terms. Nevertheless, you agree that VOUBS is entitled to relief (or equivalent emergency protective measures) in any jurisdiction.