Terms of service

© 2024 TUBETRADER PTY LTD. ALL RIGHTS RESERVED

All Information In This Site Is Provided “As Is”, Neither TUBETRADER Nor Any Of Its Affiliates, Officers, Directors, Agents, Employees And/or Representatives Make Any Warranty, Express Or Implied, Of Any Kind, Related To The Adequacy, Accuracy Or Completeness Of That Information Or The Use Of It.

TUBETRADER is not an auctioneer, a Seller, a carrier, exchange or creditor. You as a supporter or fan and/or video content creator acknowledge and agree that you bear all of the risks in selling or buying future royalties interests through TUBETRADER.

Any decision to make contributions to future royalties interests and/or intellectual property rights in creator video content should be Made Only On The Basis Of The Relevant information For Each contribution And The Risks Detailed Therein.

Disclaimer

TUBETRADER is a marketplace for buying and selling royalty interests and/or intellectual property rights. Royalty interests are the contractual right to perceive future royalty income that is generated by various types of intellectual property rights/copyrights.

None of the price quotations, information, news and research accessible on the website and the marketplace or shared through any other communication channels by TUBETRADER or its Affiliates constitute advice, recommendations or solicitation to any person in any jurisdiction to buy, sell or invest in any asset, royalty interests, intellectual property rights. Any decision made by a person to participate in the TUBETRADER marketplace’s activities should be made on the basis that such an activity complies with any applicable local laws and regulations to which the user is subject to.

The user should not access the TUBETRADER marketplace if such an activity does not comply with any applicable local laws and regulations to which the user is subject to. Keep in mind that purchasing royalty interests and/or intellectual property rights involves risk and you may lose the supported capital. The value of your royalty interests or intellectual property rights may fluctuate over time and you may gain or lose money. Past performance is not a guarantee of future returns, nor is it necessarily indicative of future performance. This disclaimer cannot disclose all of the risks and other significant aspects of dealing with royalty interests and intellectual property rights. You should satisfy yourself that you fully understand the conditions which apply to such assets, our services and the potential risk exposures. The images and pictures on the website and on the TUBETRADER marketplace are merely illustrative and may contain data that are no longer updated or valid. Please always refer to the current pricing and valuation of royalty interests or intellectual property rights, as the case may be, in the relevant section on the TUBETRADER marketplace.

Terms of Use

Welcome to TUBETRADER!

The Services (as defined below) are provided to you by TUBETRADER Pty Ltd through its web application (the "Platform").

The Platform provides information and access to the Platform on which Users are able to contribute and support in creator videos and for creators to upload their video content.

These Terms of Use and any terms and conditions incorporated herein by reference (collectively, the "Terms") govern your access and use of the Platform and Services. You ("User" or "you") must read these Terms carefully. By accessing our Platform or Services you agree that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you should stop using our Platform and Services.

When using or accessing our Platform and Services you will also be subject to our Privacy Policy, which describes how we collect and use your personal information. We encourage you to carefully review the Privacy Policy before accessing Platform and Services.

We may revise these Terms at any time without notice by updating these Terms on our Platform. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Platform and Services, or any part thereof without notice.

  1. USE OF THE SERVICES

    2. Account Registration

    Some of the information on our Platform is publicly accessible. However, in order to access some offering materials, on the Platform or Services, you must register to create an account (Account). You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and your email will serve as your user name. You are entirely responsible for maintaining the confidentiality of your password and user name. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You agree that you shall be solely responsible for any loss or consequences resulting from activities attributed to your Account, either authorized or unauthorized.

    You agree that your Account will be entirely "self-directed," by which we mean you are solely responsible for all contribution decisions and instructions placed in or through your Account.

    By accessing the Platform, you represent and warrant that: (i) as an individual, you are at least 18 years old or are of legal age; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorization to use the Platform and Services; (iii) you have not been previously suspended or removed from using the Platform and Services; (iv) your use of the Platform and Services will not violate any laws and regulations applicable to you, including, but not limited to, regulations on financial crime, anti-money laundering, anti-corruption, anti-fraud, counter-terrorist financing, trade control sanctions regulations (v) your use of the Platform and Services will not infringe on any intellectual property or other third party right. You will not introduce any malware, virus or other harmful material into the Platform; and (v) your funds come from legitimate sources and do not originate from illegal activities.

    Use of and access to the Platform and Services is void where prohibited by law.

  2. Listing and Purchasing.

    3. You assume certain risks in using a marketplace service such as TUBETRADER. Supporters and fans contract directly with the video content creator for the purchase of future royalties interests and/or intellectual property rights through TUBETRADER. TUBETRADER does not make any representations or warranties regarding Products offered or sold through TUBETRADER or any video content creator Property. TUBETRADER is not an auctioneer, a Seller, or a carrier. You as a Supporter and fan and/or video content creator acknowledge and agree that you bear all of the risks in selling or buying future royalties interests and/or intellectual property rights through TUBETRADER.

    Listing and Delivery of creator video content. With respect to creator video content, the creator may upload a video to TUBETRADER and sell the videos future royalties from the AdSense revenue the video generates to supporters and fans at a retail price determined by the video content creator in its sole and absolute discretion. Upon a purchase of future royalties on TUBETRADER, TUBETRADER will promptly facilitate the payment from supporters and fans to the video creator and facilitate the delivery of the future royalties to supporters and fans.

    TUBETRADER is not a party to any agreement between any Users. TUBETRADER does not have custody or control over any of the video content you are interacting with. You bear full responsibility for verifying the identity, legitimacy, functionality, or authenticity of any User/creator or creator video visible on the Service.

  3. Taxes

    4. Your use of the Platform for contributing in creator videos may be subject to applicable taxes, levies, duties, or similar governmental assessments. It is your sole responsibility to determine whether, and to what extent, any taxes apply to the appropriate tax authorities.

  4. Processing Fees.

    5. All supporter contributions and creator payouts are processed through our third-party payment provider Stripe. We recommend that you read Stripe’s terms of use and privacy policy, so you understand how they handle your information. The most up to date version of these documents can be found on their website, https://stripe.com Privacy Links to other websites from the TUBETRADER platform are provided for your convenience and TUBETRADER is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of such website, or any products or services offered on such website, by TUBETRADER. TUBETRADER will not accept any liability for the use of those links to connect to websites that are not under its control.

    Transactions through Stripe, entail a processing fee. The payment processor has its own set of fees, terms, and conditions that you should review, accept, and adhere to. These terms may change over time and it is your responsibility to review these changes. The processing fees are deducted from the transaction proceeds prior to your receipt. It’s important to note that TUBETRADER is not accountable for these specific fees.

    TUBETRADER has a management fee of 5% of the contributions made by supporters and fans.

    TUBETRADER has a 5% management fee for creator payment payouts to supporters and fans.

  5. License

    6. Subject to these Terms, TUBETRADER grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display the Platform provided by TUBETRADER only for the purpose of receiving information, accessing the Platform, and using the Services (if applicable). Unauthorized copying of the Platform, including, without limitation, software that has been modified, merged, or included with the Platform or the App, is expressly forbidden. You may not: (i) sublicense, assign or transfer this license except as permitted in writing by TUBETRADER; (ii) copy, duplicate or reverse-engineer any part of the Platform. Any attempt of (i)-(ii) above may result in the termination of this license and use of the Platform and Services.

  6. INTELLECTUAL PROPERTY

    7. Trademarks and Copyrights

    The brand names relating to the Platform and Services and any other trademarks, service marks, and trade names used by TUBETRADER or on its own behalf from time to time ("Trademarks") are the trademarks, service marks, and trade names of TUBETRADER and it reserves all rights to such Trademarks.

  7. Ownership of User Content

    8. When using our Platform, you may be required to upload information which may include texts, photos, videos, images or other materials ("Uploaded Materials"). We do not claim ownership of that information. However, when you do so unless explicitly stated in writing otherwise, you grant TUBETRADER a worldwide, non-exclusive, royalty-free, ongoing, assignable, and transferable right and license to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display, and distribute such Uploaded Materials. For the avoidance of doubt, you waive in favour of TUBETRADER any moral right you may have in the Uploaded Materials, including any right of attribution.

    When you post content on TUBETRADER, you grant us a licence to (i) use, publicly display, distribute, modify, adapt and create derivative works of such content; and (ii) use your name, image, voice, photograph, likeness and any other personal attributes in the content; on the Platform and in our marketing in all media (such as our social channels and any other advertising). This license is worldwide, royalty-free and perpetual, which means we can use your content anywhere in the world, without paying you fees, for as long as we like. You agree that you have all third-party rights necessary to post the content on the TUBETRADER platform and to grant us this license.

    You’ll retain all of your rights in your content. Keep in mind that your content will be publicly accessible, and may be used and re-shared by others on TUBETRADER and across the internet.

    Please don’t share personal info on TUBETRADER that you don’t want visible to the world. Never post social security numbers, passport details or similar info that could cause harm in the wrong hands. You may only post another person’s personal information where you have their consent and have kept a record of it. We don’t have to monitor the accuracy, reliability or legality of your content, but we may choose to do so. We may modify, remove or restrict access to content at any time in line with these Terms or apply a sensitive content warning to content that we deem unsuitable for all audiences.

  8. Authority

    9. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service, including but not limited to all video Content. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant TUBETRADER the license described above.

  9. Governance of User Content

    10. Intellectual property: When you upload, post, or transmit content through the Platform, you expressly warrant and agree not to upload any content that you do not have the right to share or that you suspect may infringe any others' intellectual property rights. Further, you warrant and represent that you have the right to grant the licenses granted herein and that you shall not use the Platform in such a manner as may infringe the rights of any third party, including intellectual property rights. If you suspect that content posted by someone else on our Platform infringes your intellectual property rights, we encourage you to try communicating with that person, asking him or her to take it down. If that does not work, you can contact us through the contact details set out herein.

    No financial advice: Any content that you upload must not provide investment advice, portfolio management services, or any other type of service which requires you to be authorized by a regulatory authority.

    Privacy: Any content that you upload to the Platform may be publicly available and may be seen by other Users. Therefore, you should refrain from posting or uploading any personal information to the Platform, unless required under these Terms. Personal information means any information that can lead to the identification of yourself or others, such as, but not limited to, your name, phone number, ID number, address, and financial information.

    Impersonation: You hereby acknowledge and agree that you will not impersonate anyone else, or deceive others to believe you are anyone else, for any purpose or in any manner whatsoever.

    Appropriateness and lawfulness: You hereby represent and warrant that you will not upload, post, or otherwise transmit to the Platform (if applicable) any content that is unlawful, malicious, harmful, inappropriate, offensive, or disrespectful. This includes, without limitation, content that: (i) violates any applicable law, regulation or TUBETRADERS guidelines, policies and Terms; (ii) infringes on any intellectual property or other third party right; (iii) introduces any malware, virus or other harmful material; (iv) uses any crawls, scraping, spiders or similar automated means to extract data from the Platform; (v) supports or involves hate, violence, harassment, bullying, discrimination, or terrorism; (vi) involves a threat to an individual or public safety; (vii) involves pornography or any sexual content or is relates to any product that is illegal or prohibited; (viii) is designed to spam or flood the Platform with the same message repeatedly being posted; (ix) involves accusations of abuse or cheating (if you believe someone needs to be investigated, please report such User and we will investigate your report as soon as practicable and take action, if necessary); (x) in TUBETRADERS sole discretion, is inappropriate, offensive, or otherwise should not be uploaded to the Platform. Content concerning any of the above that is disguised with the use of numbers, letters, or symbols is prohibited as well.

    If you have identified content that violates this subsection, please let us know.

  10. Copyright Claims

    11. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may send a written notification of such infringement to the contact details set out above.

    To be effective and to meet the requirements of applicable laws, the notification must be in writing and contain the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work claimed to have been infringed;
    • a description of where the copyrighted work claimed to have been infringed is located on the Platform;
    • your contact details, including your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    If content you uploaded to the Platform was removed, but you believe that this content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content, you may send us a written counter-notice, to the email address set out above, containing the following information:

    • your physical or electronic signature;
    • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
    • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Australia for the judicial district in which the address is located, or if your address is outside of Australia, for any judicial district in which our address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
  11. Repeat Infringers

    12. In accordance with applicable law, we may terminate, in appropriate circumstances and at our sole discretion, the provision of our Platform and Services to Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit or terminate the access to our Platform and Services for Users who infringe any intellectual property rights of others whether or not there is any repeat infringement.

  12. THIRD PARTY CONTENT

    13. The Platform may contain content such as code, data, software, applications, graphics, images, links, text, photos, videos, and other materials uploaded by third parties ("Third Party Content"). Other than as specifically referred to in these Terms, any such Third Party Content is not monitored, or checked for accuracy, appropriateness, completeness, or reliability by TUBETRADER. We have no control over Third Party Content posted or uploaded to the Platform and hereby disclaim any responsibility or liability whatsoever for any such Third Party Content.

  13. USER DISPUTES

    14. You are solely responsible for your interactions with other Users. TUBETRADER reserves the right, but has no responsibility or obligation whatsoever, to monitor disputes between you and other Users.

  14. PROHIBITED ACTIVITY

    15. You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to your access or use of the Platform and Services:

    • Any activity that breaches these Terms;
    • Any activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under any law;
    • Any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;
    • Any activity that seeks to defraud TUBETRADER or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information to unlawfully obtain the property of another;
    • Any activity that violates any applicable law, rule, or regulation concerning the integrity of the capital and financial markets, including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading;
    • Any activity that violates any applicable law, rule, or regulation of any relevant jurisdiction;
    • Any activity that disguises or interferes in any way with the IP address of the computer you are using to access or use the Platform or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Platform; and
    • Any activity that transmits, exchanges, or is otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity.
  15. INDEMNITY

    16. You agree to defend, indemnify, and hold TUBETRADER, and each of our developers, agents, contractors, partners, or any other affiliates harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, arising out of or in connection with: (i) your access and use of the Platform; (ii) your violation of these Terms, the rights of any third party, or any other applicable law, rule, or regulation; and (iii) any other party’s access and use of the Platform with your assistance or using any device or account that you own or control. You agree to promptly notify TUBETRADER of any third party claims and fully cooperate with TUBETRADER in defending such claims at your sole expense. You further agree that, at TUBETRADER’s sole discretion, TUBETRADER shall have control of the defence or settlement of any such claims.

  16. NO WARRANTY

    17. THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TUBETRADER MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, NON-INFRINGEMENT, OR ACCURACY OF THE PLATFORM OR SERVICES. YOU ARE RESPONSIBLE AND LIABLE FOR THE ENTIRE RISK AS TO YOUR USE OF THE PLATFORM AND SERVICES.

    TUBETRADER DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM AND SERVICES WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ARE FREE OF VIRUSES OR OTHER MALICIOUS COMPUTER CODE, FILES, OR PROGRAMS. TUBETRADER DOES NOT REPRESENT OR WARRANT THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND SERVICES WILL BE ACCURATE OR RELIABLE.

    IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS RELATING TO THE PLATFORM AND SERVICES RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICES, TUBETRADER SHALL IN NO WAY BE RESPONSIBLE OR LIABLE TO YOU. TUBETRADER RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY), BUT TUBETRADER IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

    TUBETRADER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE PLATFORM AND SERVICES.

  17. LIMITATION OF LIABILITY

    18. You agree that you are free to choose whether to use the Platform and Services, and you do so at your sole option, discretion, and risk.

    Under no circumstances whatsoever will TUBETRADER be responsible or liable in any manner whatsoever for any content that Users share, publish, display, or transmit through the Platform and Services including, without limitation, for any infringement of a third party's right, loss, or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Platform and Services.

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TUBETRADER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR PLATFORM AND SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TUBETRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU HEREBY ACKNOWLEDGE AND AGREE THAT TUBETRADER SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER TO YOU, OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE PLATFORM AND SERVICES.

    YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE PLATFORM AND SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

  18. MISCELLANEOUS

    19. These Terms shall be governed by and interpreted in accordance with the law of Australia. Any action to be brought in connection with these Terms shall be brought exclusively in the courts of Australia and you irrevocably consent to their jurisdiction. If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining provisions of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and TUBETRADER or authorizes you to act on behalf of TUBETRADER. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment shall be null and void. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Any translation of these Terms of Use is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language and in the event of a dispute, the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms.

  19. HOW TO CONTACT US

    20. The best way to get in touch with us is to contact support@tubetrader.com.au. We'd love to hear your questions, concerns, feedback, or complaints about our Platform and Services. When contacting us, we request that you include identifying information such as your name and email address, and the issue for which you have feedback, questions, or complaints, so we can address your matter appropriately.

    Before you can start using TUBETRADER, there are a few last important points we’d like to address:

    • Depending on your specific location, certain laws may apply to either you or us. In such cases, if these laws conflict with any portion of these Terms, the laws will prevail to the extent of the inconsistency.
    • These Terms, including the Privacy Notice, constitute the full agreement between you and us regarding the Platform. We won’t add any other terms, except when the law mandates it. We explicitly exclude all implied terms, except those required by statute that cannot be waived. If any part of these Terms is deemed invalid under a country’s laws, it will be removed from the Terms in that country, but the rest of the Terms will remain in effect.
    • These Terms are subject to the laws of the Commonwealth of Australia. Both you and we agree to the exclusive jurisdiction of the courts in those areas. Our decision not to insist on or enforce any part of these Terms won’t be seen as a waiver of any provision or right. These Terms, as well as the Platform, do not establish an agent/principal relationship between you and us.