This website is for adults only
This website contains age-restricted materials including nudity and explicit depictions of sexual activity. By entering, you affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the website from and you consent to viewing sexually explicit content.
Last Modified: July 15, 2024
Acceptance of the Terms of Service
By accessing, using or visiting https://www.tube8.es/ (“we”, “us”, “our” or this “Website”), any of its Content, functionalities and services, you signify your agreement to these Terms of Service including policies and related guidelines (for instance, Child Sexual Abuse Material Policy and Non-Consensual Content Policy) (collectively “Terms of Service”), and our Privacy Notice and incorporated herein by reference.
You may terminate these Terms of Service at any time by deleting your account and refraining from further use of our services.
These Terms of Service apply to all users, registered or unregistered, including Content Partners, and Models who may also be contributors of content, of this Website (collectively "you", "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on this Website.
“Content Partners” means users of this Website who have joined the Pornhub Content Partner Program and who may use their Pornhub Content Partner Program account to access this Website as a registered Content Partner.
“Models” means users of this Website who have joined our Pornhub Model Partner Program and who may use their Pornhub Model Partner Program account to access this Website as a registered Model and are subject to its terms and this Terms of Service.
If you do not agree to any of these Terms of Service or our Privacy Notice, please do not access or use this Website.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
Ability to Accept Terms of Service
You affirm that:
Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents. For more information on how this information is processed, please review our Privacy Notice. Failure to, when required, provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents will lead to the termination or suspension of your access rights to all or part of this Website.
Changes to the Terms of Service
We may amend these Terms of Service, found at https://www.tube8.es/info.html#terms, from time to time. If you do, we will give you reasonable, advance notice, in a transparent manner, in text form, for example via a pop-up notification on the Website when logging on to your account, or via e-mail. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us, in writing and before the proposed effective date of the changes, that you do not agree. If you do not agree to the changes, you may no longer use our Website after the proposed changes come into effect. In this case, either you or we can terminate these Terms of Service with immediate effect.
Each updated version of this Terms of Service supersedes any prior versions as of the 'Last Modified' date found at the top, and any prior version(s) shall have no continuing legal effect.
About This Website
This Website allows for the general viewing of adult-oriented Content by Users, registered (whether directly though this Website or through certain other websites we own or operate) and unregistered. In addition, this Website allows for sharing and uploading of adult-oriented Content by Content Partners and Models.
This Website may contain links to third party sites that are not owned or controlled by this Website or its operator. This Website has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party sites. In addition, this Website will not and cannot censor or edit the Content of any third-party site. By using any of this Website, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave this Website and to read the terms, conditions, and privacy policies of each other sites that you visit.
This Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by this Website.
This Website is for adult-oriented Content. Other categories of Content may be rejected or deleted in our sole discretion.
You understand and acknowledge that when using this Website, you will be exposed to Content from a variety of sources, and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
Communication Preferences/Single Point of Contact
By using and registering as a User on this Website, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on this Website (for example, through the members’ area on this Website upon login to ensure receipt in the event you have unsubscribed from email communications), or in the “My Account” or “My Profile” page and may include notices about your account (such as change in password or confirmation emails) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), dsa@tube8.com is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communications in English or Greek.
For any removal orders pursuant to Regulation (EU) 2021/784 (the "Terrorist Content Online Regulation" or "TCO"), designated competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by e-mail, which you may respond to with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in either English or Greek.
Accessing this Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to Users, including registered Users.
You are responsible for:
To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. To know more about the information required to use this Website to upload Content, please refer to the Sections entitled "Rules Applicable to All Content and Uploaders on this Website", "Rules Applicable to Content Partners" and "Rules Applicable to Models", as well as the Privacy Notice. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: support@tube8.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Website or others due to such unauthorized use.
If you interact with us or with third-party service providers, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Limited, Conditional License to Use Our Intellectual Property
Tube8 and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Website, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or vice versa.
This Website and certain materials available on or through this Website are Content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website. Interference with the display of any advertising on this Website, use of ad blocking software to block or disable any advertising while viewing this Website, or use of information obtained from or through this Website to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Website and Works and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
This Website may provide an “embeddable player” feature, which you may incorporate into your own website for use in accessing the Content on this Website. You may not modify, build upon or block any portion or functionality of the embeddable player in any way, including but not limited to links back to this Website.
The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Website whole and intact as presented by this Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.
Rules Applicable to All Content and Uploaders on this Website
To upload Content to this Website, you must be either a Content Partner or a Model, save and except if such Content is limited to comments, a cover picture and/or an avatar, in which case you must at least be a User with an unverified account on this Website. For the purposes of these Terms of Service, uploading Content onto this Website includes instances where such Content is first uploaded onto www.pornhub.com or another website that is owned or operated by us and shared therefrom onto this Website. If the information you provide for the creation of your account is not true and correct, you face the immediate termination of your account; where applicable, the immediate suspension of any and all pending payments from us to you; and we may, in our sole discretion, withhold payment of any owed amounts indefinitely, and you may be subject to legal sanctions.
You represent and warrant that with respect to all Content you will upload on this Website:
Failure to comply with these Terms of Service or any related contracts you will enter into with us, or should we determine that any of the statements above is untrue, or not complied with, we may, in our sole discretion, refuse to include the Content or any part thereof or any references to such Content on this Website, remove the Content in question from this Website, forfeit all accrued or pending earnings, cancel all current or pending payouts, terminate your account and take any measures necessary to minimize or eliminate any liability.
Online Safety Act - Rules Applicable to Australian Users
For the purposes of this section:
Class 1A Material and Class 1B Material may hereinafter collectively be referred to as “Illicit Material”.
Per the provisions of the Online Safety Act (2021) (the "OSA") Content Partners and Models hereby must ensure and subsequently warrants that:
Obligation to comply with Records Keeping Requirements under 18 U.S.C. §2257
You certify that the Content you upload to this Website has been produced and records are being kept in accordance with 18 U.S.C. § 2257 et. seq., as modified from time to time, with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws. Upon our request, you shall promptly deliver us legible copies (as may be lawfully redacted), of valid (as of the date of production of the Content) recognizable governmental photo identifications for any or all individuals appearing in any or all of your Content (demonstrating that each were at least 18 years of age on the day the Content was produced) together with the required identification forms, documents and releases. In this context, when we refer to all individuals appearing in the Content, we mean, without limitation, filmed, photographed, or recorded individuals or individuals in any way in the Content, whether appearing nude, semi-nude or fully clothed, engaging in simulated or actual sexual intercourse (including solo scenes). We do not accept or accommodate voice over or sounds from persons less than 18 years of age appearing in the background or synced with the Content whether featured or not. Your failure to promptly deliver the requested information upon request, may lead to the temporary or permanent suspension of your account. You will, at your own expense, indemnify, defend and hold us harmless from, any and all liabilities, losses, damages, fines, fees, penalties, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by us from any claim arising or resulting from your failure or negligence to comply with maintenance of any legally mandated records.
You acknowledge that you are solely responsible for the activity that occurs on your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password. You may never use anyone else’s account, just as no one can ever use yours.
You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account, and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against your account by third parties.
To the extent you voluntarily create a User profile to participate in certain select services offered by us, your profile (and its Contents) may be searchable by other Users registered through this Website and others partnered or networked with us. Likewise, your profile (and its Contents) may be searchable by publicly available search engines.
You understand that we do not guarantee any confidentiality with respect to any Content you contribute. Subject to what is permitted under applicable law, you are free to choose the type of Content you produce and post or publish. You shall be solely responsible for your own Content and the consequences of posting or publishing such Content.
We are not responsible for any Content that violates community standards in your community. If you are seeking information regarding any illegal or inappropriate activities, you agree to leave this Website immediately. We expect and demand that you comply with all applicable laws when using this Website and when submitting or posting Content to this Website. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. We cannot enforce every jurisdiction’s laws for all Content that is posted to this Website. As such, we are not responsible for the Content of this Website.
You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or Content transmitted to this Website. You are responsible for all your Content that is uploaded, posted, emailed, transmitted, or otherwise made available via this Website.
If we have a reason to suspect that your Content violates any third party right, including without limitation any copyright, trademark, or property right, we can require you to provide us with written evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five (5) working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you for any accrued costs and damages related to such Content.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your Content on this Website. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We do not control Content you submit or contribute, and we do not make any guarantee whatsoever related to Content submitted or contributed by Users. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by Users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to this Website all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on this Website pursuant to these Terms of Service.
You further agree that Content you submit to this Website will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant to this Website all of the license rights granted herein.
You agree and understand that this Website (and its successors’ and affiliates’) may make use of your Content for promotional or commercial purposes and to render the services pursuant to these Terms of Services. For clarity, you retain all of your ownership rights in your Content. Without regard to the Last Modified date, by submitting Content to this Website, you hereby grant this Website’s operators an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, broadcast, market, create derivative works of, adapt, translate, publicly display, communicate, or perform, make available or otherwise use all of the Content, including without limitation for promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each User of this Website a non-exclusive, royalty free license to access your Content through this Website as permitted under these Terms of Service. You hereby understand and agree that you may not use this Website to allow other Users to download or otherwise save the Content you post (or any part thereof). The above licenses granted by you in video Content you submit to this Website terminate within a commercially reasonable time after you remove or delete your Content from this Website. You understand and agree, however, that this Website may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments you submit are perpetual and irrevocable. This Website do not endorse any Content submitted by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and this Website expressly disclaim any and all liability in connection with Content. This Website does not permit copyright infringing activities and infringement of intellectual property rights on this Website, and this Website will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. This Website reserves the right to remove Content without prior notice. This Website reserves the right to hash any uploaded Content for training purposes including but not limited to, training for identifying, or combating illegal activities and these hashes may be shared with third parties, including law enforcement agencies.
All Content you submit must comply with the Content standards set out in these Terms of Service.
If any of the Content that you post or through this Website contain ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such Content in our sole discretion without any obligation to you whatsoever (i.e. you will not be entitled to any compensation of any kind from us under any circumstances).
Rules Applicable to Content Partners
If you want to become a Content Partner and post Content on this Website, you must first join the Pornhub Content Partner Program and agree to its terms and conditions.
Rules Applicable to Models
If you want to become a Model and post Content through this Website, you must first join the Pornhub Model Partner Program and agree to its terms and conditions.
We may, in our sole discretion, decline your application to join our community of Content providers for any reason.
You may be asked to provide a valid email address for verification purposes. You will choose your own screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure). Certain changes to your personal information such as your name and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our staff to have this done.
Before you are able upload Content on this Website, you need to verify your identity. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport, or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by our Privacy Notice.
Models’ Commission
Models will be entitled to receive the model program advertising share revenue (a percentage of the ad revenue that the video earns) on free to watch videos on this Websites.
You will not receive monthly a statement showing any amounts you earned. However, you will be able to view amounts earned in your account. Payments are generally made within ten (10) business days after the end of each month (although, depending on the payment method used, it may take longer for you to actually receive your payment); provided, however, that payment will be made only when the minimum payout, based on net income, of one hundred dollars (US$100.00) has been reached. Any amount below one hundred dollars (US$100.00) will be carried over until the minimum payout has been reached and will be paid on the next following payment date. If you provide us with incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to you.
In the event you violate any part of the present Terms of Service, or if you violate any third party right, including without limitation any copyright, property, or privacy right, or where a third-party claims that all or any part of your Content caused it damage, we may, in our sole discretion, withhold indefinitely payments to you.
We remind you that it is your sole duty and obligation to fulfill all tax obligations with regard to your activities for us, including but not limited to registration, declaration, and payment obligations related to income taxes and VAT. If we assist you with these obligations, it does not release you from your obligations. It is your duty to inform us in a timely manner of changes to your personal data such as an address change or a new email.
Use of Website
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometric verification processes, technologies or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.
Prohibited Uses and Reporting
If you see any Content you suspect violates applicable law, third party rights, or these Terms of Service, please report such Content to us, using the electronic form available at https://www.tube8.es/info.html/content-removal/, or the “Flag This Video” button available below each piece of content. Further, the Website does not permit any form of revenge porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.
We will give due priority to reports submitted by our Trusted Flaggers, who have been granted this status by the Digital Services Coordinator of the relevant Member State of the European Union. In addition, Non-Governmental Organizations and Statutory Offices can also join the Pornhub Trusted Flagger Program.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using this Website. Specifically, you agree not to use any of this Website to:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right but not the obligation to take any of the following actions, including pursuant to when we detect, or are notified of, any activity or Content uploaded to the Website that infringes applicable laws, rights of third parties, or these Terms of Service. When deciding on appropriate action, we consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer:
We may also:
If we have reason to believe that Content violates any applicable law, third party right, or these Terms of Service, we may take appropriate interim actions (as described herein), to prevent potential harm to our further investigation. In deciding on the appropriate and proportionate course of action, we will give due consideration to the legitimate interests of the impacted User, any other potentially affected rights holders, and our own legitimate interests. In particular, we will assess the nature of the Content concerned, the gravity of the respective violation or illegality, and any indications on whether or not the Content contributor was at fault. In case an investigation was prompted following report by a User, we will also consider the explanatory information and evidence provided by such User and, if available, the reporting User’s submission history.
We use a variety of procedures and tools to identify, review and moderate Content. This includes both human and automated review, or a combination of both, depending on what is appropriate and required in each individual case.
Automated review may include the use of systems which assist us in identifying infringing Content, determining the prioritization of certain issues, and applying appropriate measures. Content may be compared against databases of digitally finger-printed content and other, similar repositories, such as (but not limited to) YouTube’s CSAI Match. Automated review may be subject to further, manual verification, in the context of which Content and measures may be reassessed.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through this Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
This Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any Content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to this Website by contacting legal@tube8.com.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, this Website may, but will not have any obligation to display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of this Website in an appropriate manner. In addition, this Website may, but will not have any obligation to, review and monitor private messages, public comments, public group chat messages, private group chat messages, or private instant messages posted by you. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Complaint Handling Procedure
If we take any action concerning you, your account, or any Content that you attempted to or uploaded on the Website, as set out in the section “Monitoring and Enforcement; Termination”, you may lodge a complaint against such decision. Similarly, you may lodge a complaint if you disagree with our decision following a notice you submitted for Content reporting or removal.
In either case, the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you. To lodge a complaint you may email dsa@tube8.com from the email associated with your account or wherefrom notice of the decision has been communicated, and the correspondence must include as much information as possible to allow us to investigate your complaint, and an explanation of the reason(s) for which you believe your complaint to be justified.
We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates that:
Abuse of Reporting and/or Complaint Handling System
We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other, appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:
Account Termination Policy
While pornographic and adult-oriented Content is accepted, this Website reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. In line with the provisions of the section titled “Monitoring and Enforcement; Termination”, we may, in our sole discretion, issue warning or take analogous, appropriate action (on repeat offences) against such infringements.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to this Website or stop providing all or part of this Website to you for any reasons at our convenience.
Copyright and Other Intellectual Property
This Website operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. As part of our Copyright Policy, this Website will terminate User access to this Website if, under appropriate circumstances, a User has been determined to be a repeat infringer and in line with the provisions of the section titled “Monitoring and Enforcement; Termination” of these Terms.
This Website is not in a position to mediate trademark disputes between Users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the User in question or seek any resolution in court or by other judicial means. If you’re sure you want to report Content on this Website that you believe infringes your trademark, you can do so by contacting us at legal@tube8.com. This Website is willing to perform a limited investigation of reasonable complaints and will remove Content in clear cases of infringement. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide the rights owner’s name, your email address, and the details of your report to the person who posted the Content you are reporting. This person may contact you with the information you provide.
Reliance on Information Posted
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its Contents.
This Website includes Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.
Changes to this Website
We may update the Content on this Website from time to time, but its Content is not necessarily complete or up to date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to this Website
All information we collect on this Website is subject to our Privacy Notice. By using this Website, you acknowledge that you have read and understand the terms of the Privacy Notice and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Collection and Use of Your Usage Information by Advertisers and Others
This Website allows others to display advertisements using this Website. These third parties use technology to deliver advertisements you see using this Website directly to your browser. In doing so, they may automatically receive your internet protocol (IP) address. Others that place advertising using this Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of this Website. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or Content may be provided through the service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.
Linking to this Website and Social Media Features
You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
The sites from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Links from this Website
If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the Contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, Content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Further, you agree to release us from any and all liability arising from your use of any third-party website, Content, service, or software accessed through this Website.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through this Website, are solely between you and such third parties. You agree that this Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on this Website.
Permitted Disclosures of Personal Information
This Website generally does not collect personally identifiable information (data such as your name, email address, password, and the Content of your communications) unless you submit or communicate Content through this Website or register with us to use certain features of this Website. This Website will not disclose any personally identifiable information they collects or obtains except: (i) as described in these Terms of Service or our Privacy Notice; (ii) after obtaining your permission to a specific use or disclosure; (iii) if this Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect this Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires this Website, or the assets of this Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If this Website is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.
This Website will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect this Website. To enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect this Website, you agree to allow this Website to access your information.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless this Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, 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 this 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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Disclaimers
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME 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 THE WEBSITE OR OUR SERVICES, (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 THE WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE 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.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, OR EMPLOYEES 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 OR SERVICES, (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 OR SERVICES BY ANY THIRD PARTY, (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 TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR SERVICES, AND/OR (VI) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY SITES, FOUND ON OR THROUGH THIS WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITE OR ITS SITE OPERATOR ARE 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 THIS WEBSITE OFFICERS, DIRECTORS, EMPLOYEES, SHALL NOT BE LIABLE FOR CONTENT OR FOR 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.
YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO THIS WEBSITE MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED – POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THESE TERMS OF SERVICE AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Any claim by you that may arise in connection with these Terms of Service may be compensable by monetary damages up to, if any, a maximum of your paid subscription fee in the last twelve (12) months, and you will in no event be entitled to injunctive or other equitable relief.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notice of Litigation
You shall notify us in writing within two (2) working days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
Your Comments and Concerns
This Website is operated by Aylo Freesites Ltd, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, Cyprus 2540. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: support@tube8.com.
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 us without restriction.
Arbitration Agreement & Waiver of Certain Rights (US)
This section shall only apply to Users located in the United States of America.
Except as set forth hereinabove, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including, but not limited to, a claim that all or any part of these Terms of Service is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement under this section does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Arbitration Agreement & Waiver of Certain Rights (EU)
This section shall only apply to Users located in the European Union.
We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.
If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.
We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:
Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us.
We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
Miscellaneous
These Terms of Service, your use of this Website, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to this Website. You agree that this Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
The Terms of Service, our Privacy Notice, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Service. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.
Last Modified: May 23, 2024
Introduction
Aylo Freesites Ltd (hereinafter “we”, “us” or “our”) operates the website https://www.tube8.es/ (hereinafter "Tube8") and is the controller of the information collected or provided via Tube8.
Please read this Privacy Notice carefully, as your access to and use of Tube8 signifies that you have read and understand all terms within this Privacy Notice. We respect your privacy and are committed to protecting your personal data.
If you have any questions about our privacy practices, please see the Section “Contact Information” below for information on how to contact us.
1. Scope
For the purposes of this Privacy Notice, “process”, “processed” or “processing” means any operation or set of operations performed on personal data or on sets of personal data (excluding disclosure thereof), whether by automated means, including one or several of the following operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure or destruction. Information on disclosure of personal data or of sets of personal data may be found in the “Disclosure of Your Personal Information” section below.
This Privacy Notice applies to information we collect:
on Tube8
and your communications with Tube8 via email, online support chats, phoneline support or otherwise;
2. The Data We Process About You
We may process different kinds of personal data about you, depending on whether you chose to create an account with us.
Persons who visit Tube8 without logging in or registering (“Unregistered Users”):
Contact Data: We will only process your email address or any other information which you voluntarily provide to us at your direction for a specific function, namely, to participate in a contest or survey.
Online Forms and Communication Data: We process Contact Data and other information that you submit through online forms provided on Tube8 or information send to us via email, online support chats or such as information provided in the context of support requests or any other inquiries, the content reporting and moderation of content, and our internal complaint handling system.
Website activity data: We process information about how you use Tube8 and interact with content and advertisements, including the pages you visit on and search history on Tube8, and the referring web page from which you arrived on Tube8 from. We process browser and operating system information, devices you use to access Tube8 and your time zone setting. We also process online identifiers. Specifically, we process internet protocol (IP) address information and we set cookies as explained below in the section on Cookies and Automatic Data Collection Technologies and as described in our Cookie Notice.
Identifiers: Some users may be asked to provide identifiers (including government-issued photo identification as well as other documentation) to verify that they are over the age of majority required to have access to Tube8 and to view the content. In such cases, this information is processed by trusted third party age verification service providers. This Privacy Notice does not apply to the privacy practices of these third-party age verification service providers. Read the privacy terms and conditions of these third-party service providers carefully.
Persons who choose to create an account on Tube8 (“Registered Users”): we process the same categories of information described above for Unregistered Users, and additionally the following information:
Contact Information: We process usernames and email addresses. If you choose to register through a third-party platform, we will collect certain personal information from those platforms.
User Submitted Personal Information: We process information you submit to personalize your account or for a specific function, for example your date of birth, age, gender, your interests, preferences, feedback, survey responses, your preferences in receiving marketing from us and our third parties, and your communication preferences, as well as any other information which you voluntarily provide to us at your direction for a specific function.
Identifiers and Biometric Information: You may be asked to provide identifiers (including government-issued photo identification as well as other documentation) to verify your identity and that you are over the age of majority required to access Tube8 and to view the content. We also process biometric information to verify the authenticity of the identifiers you provide us while registering to Tube8, as further explained in the section “Biometric Information” below. This information is processed by trusted third party age verification service providers. This Privacy Notice does not apply to the privacy practices of these third-party age verification service providers. Read the privacy terms and conditions of these third party service providers carefully.
User Contributions including Audio/Video Information: We provide areas on Tube8 where you can post information about yourself and others, communicate with others, upload content (e.g., pictures, video files, etc.), and post comments or reviews of content found on Tube8 .
Please use caution in providing user contributions. By providing user contributions you are making that content and information publicly available. User contributions can be read, collected, used, and disclosed by others, and we cannot control who accesses your user contributions or what other users may do with the information you voluntarily post or submit. User contributions are governed by the Tube8 Terms of Service found at https://www.tube8.es/info.html#terms.
We may process your data to produce and share aggregated insights that do not directly or indirectly identify you and are not associated with you. Such aggregate information is not personal information.
Tube8 is forbidden of access to persons under the age of 18 and the applicable age of majority in the jurisdiction from which Tube8 is accessed (“minors”), and we therefore prohibit minors from using Tube8. As indicated throughout this Privacy Notice, some users may be asked to provide some information to us and our service providers to verify that you are over the age of majority required to have access to Tube8 and to view the content. We do not knowingly process personal information from minors. If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us at support@tube8.com to have that minor’s personal information deleted.
3. The Sources from Which We Process Personal Information
We process Personal Information in the following ways:
Directly from you: We process the categories of information listed above directly from you.
Automated technologies or interactions. As explained in the section below on "Cookies and Automatic Data Collection Technologies", as further described in our Cookie Notice, we set cookies and other automatic techniques to process website activity data when you visit Tube8.
Third-Party Single Sign-on: We may obtain information if you create or sign-in your account through a third-party platform (such as Google), we will have access to certain information from that platform such as your name, email address or such other information you may have submitted and allowed this third party to share.
4. Purposes for Which We Process Your Personal Information
We process personal information for the purposes described below.
Provision of services: We process identifiers, website activity data, and, additionally, for Registered Users, Contact Data, and user contributions, including any interactive features on Tube8 , and to verify your eligibility and deliver prizes in connection with contests and sweepstakes.
Customer management (Registered Users Only): We process identifiers and Contact Data, to manage Registered Users’ account, to provide customer support and notices to the Registered Users about their account, and notices about changes to Tube8 or any products or services we offer or provide through them.
Age and Identity verification: In some cases, we process identifiers and will use third party service providers to process biometric information for the purpose of verifying your identity and the authenticity of the identifiers you provide to us while registering for an account on Tube8.
Customization of content and marketing (Unregistered Users and Registered Users): We process for both Registered Users and Unregistered Users, identifiers and contact information, website activity data; and for Registered Users, user submitted personal information and user contributions to analyze your use of, or interest in, the content, products, or services, to develop and display content and advertising tailored to your interests on Tube8.
Communications and handling of requests: We process Online Forms and Communications Data and other information as necessary to respond to and resolve any of your requests, including where this is required to ensure compliance with our legal obligations.
Analytics: We process identifiers and website activity data to determine whether users of Tube8 are unique, or whether the same user is using Tube8 on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns.
Functionality and security: We may process any of the categories of data we process to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.
Compliance: We may process any of the categories of data we process to enforce our Terms of Service and to comply with our legal obligations. In certain jurisdictions, this includes our legal obligation to verify the age of users having access to Tube8.
Hash Values: We may create hash values from any of the categories of data we process, such as infringing or illegal content to train our models to detect, prevent, and combat illegal activities including fraud, sexual assault, or exploitation. We reserve the right to share any hashes with law enforcement agencies.
Information you provide: We will process contact information and user submitted personal information in any other way we may describe when you provide the information; or for any other purpose with your consent provided separately from this Privacy Notice.
5. Our Legal Bases Under Canadian and European Union (EU) Privacy Law
To the extent required by applicable law, we rely on several lawful bases to use your data in these ways. This means we process your personal data only where:
You provide your consent to do so for a specific purpose: for example, when you allow us to show you personalized ads or to send you e-mail marketing.
Biometric information may in some instances also be processed by our third-party service provider based on your consent for identification and age verification purposes. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal.
It is necessary to perform our contract with you: for example, to create your account and provide our services.
It is necessary to comply with our legal obligations: for example, we may be required to collect, use, or disclose your information in connection with civil, criminal, corporate, taxation, regulatory matters, or litigation.
It satisfies a legitimate interest (which is not overridden by your data protection interests): for example, to keep Tube8 safe and secure from fraud and illegal activities.
It is used to protect your or others’ vital interests: for example, in case of emergency or to prevent a crime or fraud.
It is used for tasks carried out in the public interest: for example, to combat unlawful behaviour where it is in the public interest to do so and where the public interest is laid down by applicable law.
Depending on the circumstances, we may rely on different legal bases when processing your same information for different purposes. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), the legal bases on which we rely may differ from those listed above.
6. Disclosure of Your Personal Information
We disclose personal information when necessary to perform the services or for other purposes set out in this Privacy Notice. When we disclose your personal information, we usually rely on the performance of our contract with you, our legal obligation to do so, our legitimate interest (e.g., operating Tube8), so long as it doesn’t outweigh your interests or your consent, except when expressly stated otherwise below in the paragraph "To comply with the law or protect our rights or the rights of third parties". Disclosure of your personal information may also involve transfers of your personal information outside the EEA. To the extent that we need to transfer personal information outside the EEA, we will do so according to the section "Transfers of Your Personal Information to Other Countries" or when necessary for the performance of the contract between us. The parties to whom we may disclose your personal information include:
the public: When you submit user contributions including audio/video content, you are using Tube8 and services to make that information public.
our contractors and/or employees: To provide our services to you, our employees and/or contractors may receive access to your personal data only on a need-to-know basis. Such employees and contractors abide by confidentiality obligations.
our corporate group: We may disclose any of the categories of personal information to members of our corporate group to the extent this is necessary for our purposes described in this Privacy Notice, and generally to operate our business, which includes: identification and age verification purposes, transaction monitoring and payment processing, customer support, facilitate business development, administer user accounts or provide IT, technical and engineering support. You acknowledge that in some cases, members of our corporate group might be established or run their services outside the EEA.
Linked Third-Party Websites or Single Sign-On Services: You may choose to sign-in, connect or register an account using an external third-party platform, or Single Sign-On (SSO) if available. If you choose to connect your account to a third-party platform, the providers of this platform may receive information about you. When you use third-party platforms, their own terms and privacy policies will govern their use.
Service providers: We disclose certain categories of personal information to our authorized service providers that perform certain services on our behalf to enable us to provide our services to you pursuant to our Terms of Service. These service providers may use your information only to perform these tasks on our behalf, may include, identity and document authenticity verification including biometric processing, age verification, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting Tube8 or supporting Tube8's functionality. These service providers may only have access to the personal information needed to perform their functions but are not permitted to process such information for any other purposes. Where required under applicable laws, we entered into data processing agreements with such service providers to ensure that personal information is only processed securely within our instructions. You can view the list of our third-party service providers acting as our processors here.
Legal successors: We may disclose the categories of personal information we process to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Such transactions may be in our legitimate interest, particularly our interest in making decisions that enable our business to develop.
To comply with the law or protect our rights or the rights of third parties: We access, preserve and share all of the categories of personal information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, this also includes our Trust and Safety initiative, in the scope of which we may disclose some information to several recipients, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security, or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of Tube8 or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
For more information on recipients of personal information, please see the section “Contact Information” below on how to contact us.
7. Cookies and Automatic Data Collection Technologies
As you navigate through and interact with Tube8 , we use automatic data collection technologies to collect website activity data. The technologies we use for this automatic data collection may include cookies, which are small text files that are stored in your web browser or downloaded to your device when you visit Tube8 . For more information on how we use cookies, please refer to our Cookie Notice, available here.
8. Your Choices About How We Process and Disclose Your Personal Information
We strive to provide you with choices regarding the personal information you provide to us.
You can choose not to provide us with certain personal information, but that may result in you being unable to use certain features of Tube8 because such information may be required for you to register as a member; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on Tube8.
The Cookie Banner can be utilized to customize your cookie preferences. The Cookie Banner will record when you have consented to our cookies. For logged in users, we will ask for consent once a year or when we have major changes to our cookies, to ensure you stay up to date with changes to our cookies and privacy policies. For non-logged in users, your Cookie Banner selection will be kept only for the specific session. The Cookie Banner specifically controls the Functionality, Analytics, and Advertising cookies set by using Tube8. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third party websites linked from Tube8.
You can access the Cookie Banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of Tube8.
You can opt out of receiving marketing emails from us using the opt-out link provided in our emails or by changing your preferences in your account settings. You may use your account settings to delete your user contributions and audio/video information.
You may also delete and deactivate your account with us at any time unless required not to do so by law or by a court order. If you do so, your profile will no longer be accessible by you. If you later choose to have an account with us, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.
Where we provide you personalised services, we may analyse the information you supply, as well as your activity on Tube8, so that we can offer a more relevant, tailored service. For instance, we could use your favourites' list to provide you with personalised content recommendations or ads. If you don’t want to receive these services, you can switch off the recommendations toggle on the “recommended” page or via the bar at the left of our page. For more information on how we use recommendations, please click here.
9. California Rights and Choices
As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights that we state under this Privacy Notice, and subject to the exceptions found under the CCPA, Consumers have the right to:
Opt-out of the sale of their personal information, should we sell their personal information;
Be informed of certain information concerning our collection and use of their personal information;
Request that we delete certain personal information we collected from them;
Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;
Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.
Tube8 does not sell, nor has it sold in the past twelve (12) months personal information to third parties for monetary or other valuable consideration. We may however disclose certain personal information with third parties, service providers and entities within our corporate group to enable them to perform certain services on our behalf and namely to make Tube8 work properly, as described in the section above titled Disclosure of Your Personal Information.
Regardless, we respect the California residents’ right to exclude personal information from such sharing arrangements and to thereby opt-out of any future sale of their personal information. If the CCPA is applicable to you and you would like to exercise your rights, please use the buttons at the bottom of this page or email us at support@tube8.com with the email subject line “CCPA Request.”
In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: your username and email address that you used to create an account with us, as well as any other information which we may reasonably request for us to verify your identity. We may require you verify that you have access to your account and/or email account that you used to register with us.
You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.
10. Resident’s Rights – Jurisdictions in the United States, Where Applicable
We do not sell, trade, or exchange the Registered Users’ personal information with anyone for money.
11. Biometric Information
We employ third-party service providers to verify your identity, age, and the authenticity of the identification documents you provide using facial recognition technology. Facial recognition technology creates a mathematical representation of your facial features from the live scan of your face, your selfie, and the government-issued ID you submit or previously submitted to us. Information derived from this mathematical representation, which may be considered biometric information under the laws of certain states and countries, is shared by our service providers with us as further described below.
Your biometric information will be processed to:
verify you are a real, live person and to prevent the use of methods which would allow a user to identify as someone else;
to match your selfie with your government-issued ID you submit or previously submitted to us to make sure that nobody is impersonating you;
to help confirm your age;
Please note that this section entitled "Biometric Information" applies to relevant users who wish to upload content onto Tube8 but does not apply to identifiers processed by our third-party age verification service providers solely for the purpose of granting you access to Tube8. Our third-party service providers will store your biometric information according to their retention policies, please consult the section "Retention of Personal Information" below to understand our retention practices.
12. Notice to Law Enforcement
The following information serves as a guideline for law enforcement officials seeking disclosure of records. You may serve us a valid court order, subpoena, search warrant or equivalent legal or official administrative document by respecting the following conditions:
The document(s) is uploaded, and all required fields have been filed out adequately on our platform for Legal Service Process located at: https://legalservice.aylo.com/legal/datarequest;
The document(s) you are serving is correctly issued to Aylo Freesites Ltd by a valid Court of Law or equivalent legal or administrative authority to us;
The document(s) is also sent by mail at the following address: 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540.
We reserve the right to refuse online service through Tube8, namely in cases where the above requirements are not met and require formal legal service at the above address. In such an event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.
13. Transfers of Your Personal Information to Other Countries
By using Tube8 you consent to the transfer of information that we process about you, which may include personal information to other countries in which members of our corporate group or our service providers are located. When we transfer personal information to countries outside of the EEA or other regions or countries with comprehensive data protection laws, we will ensure that the information is transferred in accordance with the applicable laws. Where applicable, we rely on decisions of the European Commission, known as “adequacy decisions”, recognizing that certain countries offer a level of protection of personal data that is essentially equivalent to the EEA. In other situations, we rely on standard contractual clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK, where appropriate) or on derogations provided for under the applicable law to transfer information to a third country.
For more information or to obtain a copy of our standard contractual clauses, please see the section “Contact Information” below on how to contact us.
14. Retention of Personal Information
We will only retain your personal information for as long as your account is active, or for as long as necessary to fulfil the purposes we processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider several factors, including what personal data we are processing, the risk of harm from any unauthorised disclosure, why we are processing your personal data and whether we can achieve this outcome by another means without having to process it.
Where we no longer need to process your personal information for the purposes set out in this Privacy Notice, we will delete your personal information from our systems.
For more information on data retention periods, please contact us by using the information in the Section "Contact Information" below.
Where permissible, we will also delete your personal information upon your request as explained in the section "Your Rights Related to Your Personal Information".
15. Third-Party Links and Sites
If you click on a link to a third-party website, you will be taken to websites we do not control. This Privacy Notice does not apply to the privacy practices of these websites. Read the Privacy Notice of other websites carefully. We are not responsible for these third-party practices.
16. Changes to Our Privacy Notice
We may modify or revise our Privacy Notice from time to time. If we change anything in our Privacy Notice, the date of change will be reflected in the “last modified date”. We may attempt to notify you of any material changes as required by law. Please also periodically review the most up-to-date version of our Privacy Notice, which will be posted at this location, so you are aware of any changes.
17. Contact Information
If you have any questions about this Privacy Notice or our information-handling practices, please contact us at support@tube8.com.
You may also contact us at 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540, Phone: +357 22662 320, Fax: +357 22343 282.
Our Data Protection Officer can be contacted at the following email address: dpo@tube8.com.
18. Your Rights Related to Your Personal Information
Subject to local law and applicable legal requirements and exemptions, you have certain rights regarding your personal data:
Right of access: you have the right to receive information on the personal data we hold about you and how such personal data is used, as well as a copy of your personal data;
Right to rectification: you have the right to rectify inaccurate personal data concerning you;
Right to be forgotten: you have the right to delete/erase your personal data;
Right to data portability: you have the right to receive the personal data provided by you in a structured, commonly used, and machine-readable format and to transmit this personal data to another data controller;
Right to object: you have the right to object to the use of your personal data where such use is based on our legitimate interests or on public interests;
Right to restriction of processing: you have the right in some cases, to restrict our use of your personal data.
Right to file a complaint: If you are in the EEA or the UK, you also have a right to lodge a complaint with your local data protection authority.
If we ask for your consent to process your personal data, you have the right to withdraw your consent at any time. Note that, in that case, you may no longer able to use several functionalities of Tube8 or access Tube8 in some cases.
You can exercise your rights of access or deletion of your data by following the dedicated links in the section “Manage My Data” below. If you need assistance regarding the exercise of your rights, you can also send an e-mail at support@tube8.com to help you with the process. Please note that we have one month to respond to your request.
Prior to processing an access or deletion request, we will need to verify your identity and ensure your right to access or delete the information. This is an appropriate and reasonable security measure to ensure that personal data is not disclosed to any person who has no right to receive it or deleted in an unauthorized way.
Please note that unless you have created an account with us, we may not have sufficient information to identify you and therefore may not be able to respond to your request. Additionally, in some cases to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.
Note that some requests to delete certain personal information will require the deletion of your user account as the provision of user accounts are inextricably linked to the processing of certain personal information (e.g., your e-mail address). If you delete your account, your personal data and all account related information including, but not limited to, user profile data, sharing data and any data or content specifically associated with your account will no longer be accessible by you. If, after deleting your account, you wish to have an account with us in the future, you will have to sign up for a new account.
19. Manage My Data
Registered Users may request a copy of their personal data or request the deletion of their personal data via the links below. Please note that the below website is governed by the present Privacy Notice.
Note: AdBlocker add-ons interfere with the Manage My Data system. Please disable them.
Tube8 is rated with RTA label. Parents, you can easily block access to this site. Please read this page http://www.rtalabel.org/index.php?content=parents for more information.
Your inquiry has been sent successfully. Tube8 support will respond to your inqury as soon as possible.
An error happened while submitting your request. Please try again later or contact customer support. Thank you.
Last Modified: August 17, 2023
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to Tube8.com (“Tube8”), or all of the foregoing.
If you believe any material accessible on Tube8 infringes your copyright, you may submit a copyright infringement notification (see below, “Filing a DMCA Notice of Copyright Infringement” for instructions on filing such a notice). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, “Counter-Notification Procedures” for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
Filing a DMCA Notice of Copyright Infringement
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You may notify Tube8 of alleged copyright infringement via our form found at /info.html#dmcaForm. This form is designed to help you identify your content accurately and help speed up the process of content take-down.
In accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Lawrence G. Walters
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Email: copyright@aylofreesites.com
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Tube8 is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on Tube8 in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
Counter-Notification Procedures
If you have received a DMCA Notice and believe that material you posted on Tube8 was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”). Counter notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf.
Counter-notices must be sent to our designated agent:
Lawrence G. Walters
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Email: copyright@aylofreesites.com
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices is expressly disclaimed.
Pursuant to the DMCA, the Counter-Notice must include substantially the following:
We will not respond to Counter-Notices that do not meet the requirements set out above.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after ten (10) business days but no later than fourteen (14) business days from the date we received your Counter Notice, unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Please be aware that if you knowingly materially misrepresent that material or activity on Tube8 was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to Tube8, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Video Fingerprinting
We use MediaWise®, an automated audiovisual identification system, to assist us in identifying and blocking potentially infringing content from being uploaded by users. Videos uploaded to Tube8 are compared against a database of digital fingerprints. When a video is matched to a digital fingerprint, access to it is disabled.
If you are interested in having your content digitally fingerprinted by the provider of the automated audiovisual identification system we use, please contact Vobile in one of the manners described at https://us.vobile.com/contact.
18 U.S.C. §2257 Record Keeping Requirements Compliance Statement.
The operator of Tube8 is not the producer (whether primary or secondary as defined in 18 U.S.C. § 2257) of any of the content found on Tube8. The operator’s activities, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the user's control.
Please direct any request you may have regarding §2257 records in relation to any content found on Tube8, directly to the respective uploader, amateur, producer, studio or account holder of the content ("Verified Uploaders").
For further assistance in communicating with the Verified Uploaders or any questions regarding this notice, please contact Tube8’s compliance department at support@tube8.com.
Tube8 abides by the following strict compliance procedures regarding uploaded content:
Hold your horses, Jack! Before you go submitting a support ticket, check out the Frequently Asked Questions (FAQs) section.If you've already been there, done that, and come up empty handed, then fill out the support form below and we'll do our best to help you out.
Your DMCA takedown request has been sent successfully.
An error happened while submitting your request. Please try again later or contact customer support. Thank you.
In order to submit this form you must disable AdBlock.
As of July 31, 2024, Tube8 has 316,547 average monthly recipients of the service in the European Union, calculated as an average over the period of the past six months.
For inquiries and requests and complaints related to the Digital Services Act, please contact us at dsa@tube8.com. If your request is not related to the Digital Services Act, please do not use this email address to communicate with us but rather:
Who and what our recommendations are for and why we do it
At Tube8, your user experience is important to us.
Given the nature of our services, this means we want to get tailored content, like videos, photos, and GIFs, to you while respecting your privacy, safety, and the laws and regulations in your jurisdiction. To do this, we’ve developed methods that give you what you want while keeping you safe and within the legal parameters of where you live. If you want safety and privacy specifics, check out our Terms of Service, Trust & Safety policy, Privacy Notice, and EU DSA pages.
Here’s a look at how we deliver a top-notch user experience to you:
How we recommend relevant content and ads
To deliver content and ads that suit your preferences, we offer different recommendation options for you to explore:
On our homepage and in the Hottest section, you can browse the hottest porn. These videos are featured by an algorithm for their high quality.
To feature videos, we consider per country, the video’s views, ratings, comments, favorite markings, and total time watched.
To sort these featured videos, we use the same factors as above, together with the time we featured the video. You can also sort chronologically by the time we featured the videos by selecting Featured Recently, where applicable.
Hot, hottest, and featured videos may differ by country. On the Hottest page, you can switch countries in the Country drop-down menu.
We provide videos that could be interesting for you on a dedicated page.
Our recommendations are based on metadata of the videos you watched, how you interacted with these videos, and popular videos in your region based on views, ratings, comments, favoriting, and total time watched.
You can sort chronologically by most recent recommendations, as well as by relevance to you, which we determine based on the factors described above.
If you prefer non-personalized recommendations, we offer these as hot videos on the help page, as described above.
On the video and GIF pages, we show related content. To determine the content you may find most relevant, we consider the metadata of the videos you watched, how you interacted with these videos, and popular videos in your region based on views, ratings, comments, favorite markings, and total time watched.
Let us surprise you. We provide content that we selected randomly.
We display trending searches based on the frequency of recent searches by other users in the same country as you.
Where we deliver dynamic advertising, we use the following factors to identify advertisements that we believe may be most relevant to you:
If you deactivate Targeting/Advertising Cookies, we do not use demographics or previous interactions with ads or content to find the most relevant advertising for you.
Targeting/Advertising Cookies can be switched off at any time by going to the footer of the website and choosing Manage Cookies.
How the sorting of content works
We want to make sure that you always see the content that you enjoy most. To enhance your user experience, we provide a variety of sorting options for you to choose from.
Where available, you can switch options in the upper right corner. Sorting can be based on how we recommend relevant content and on the following options, where applicable:
More options on how you can customize our recommendations
On the homepage for Tube8, select the User icon, and you can turn on or off Personalized Recommendations. If you turn off this feature, the videos you watched and how you interacted with these videos don’t influence any content recommendations we show you.
Boost your brand. Get Tube8 to send you traffic! Tube8's Content Partner Program enables content owners to have their videos shown to a huge worldwide audience with a text link above and below each video and the possibility of an underplayer ad below each video, both pointing back to your site.
Tube8 does not charge any upfront fees to join or upload. We receive compensation through your existing PPS or RevShare affiliate program. We only get paid when you get paid.
All videos you upload will be posted and public on Tube8.com. We will select the best videos to be featured on the homepage, exposing it to hundreds of thousands of page views daily. To increase your chances of having your video selected we prefer longer clips, niched content and higher quality. Regardless of whether your content is featured on Tube8's homepage, your content will be available via your profile page.
For owners of multiple sites, we offer an easy method to target your ads to spcific videos without the need for multiple user accounts.
Email us at affiliate@tube8.com
