// @flow
import React from 'react';
import Page from 'component/page';
import Card from 'component/common/card';
const YouTubeTOSPage = () => {
return (
<Page>
<Card
title="YouTube Sync Terms of Service"
body={
<div>
<p>
<strong>Last Updated: October 2021</strong>
</p>
<p>
<strong>
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. NOTE THAT SECTION 16 CONTAINS A BINDING ARBITRATION CLAUSE
AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
DO NOT ACCESS OR USE THE SERVICES.
</strong>
</p>
<p>
By clicking to agree to these Terms of Service (<strong>“Terms"</strong>) when running/installing our
software, publishing content to LBRY, or by otherwise accessing or using the network [via proxy or
direct], mobile applications and online services (collectively, our <strong>“Services"</strong>) of LBRY
Inc. (<strong>“Company," “we," or “us"</strong>), you agree to be bound by these Terms. If you do not
agree to these Terms, you may not access or use the Services for any purpose. Please refer to our Privacy
Policy https://odysee.com/$/privacypolicy for information about how we collect, use and disclose
information about you.
</p>
<p>You and the Company agree as follows:</p>
<h3 id="toc_0">1. Overview of LBRY and the Services</h3>
<p>
<strong>“LBRY"</strong> is a decentralized, consensus-driven protocol that enables the publication and
viewing of information, videos, music, data and other materials (<strong>“Content"</strong>). Content is
distributed to LBRY by publishers and is stored in fragmented shards via a distributed network of
third-party devices (<strong>“Hosts"</strong>) that utilize LBRY. LBRY also allows publishers to bid on
and reserve names (<strong>“Names"</strong>), which can be used as a unique identifier for Content. Please
consult lbry.tech to learn more about the technical architecture of LBRY.{' '}
</p>
<p>
The Services provide an interface for you to interact with Odysee, including to publish, access, or host
Content through LBRY. The LBRY protocol is not owned, operated, or maintained by us. We have no
responsibility or liability for LBRY, and the Company has no ability to control third parties’ use of
LBRY. We are not able to delete or remove Content that has been published through LBRY and that may be
accessible via the Services.{' '}
</p>
<h3 id="toc_1">2. Eligibility</h3>
<p>
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or
the age of legal majority where you live), you may only access or use our Services under the supervision
of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian
of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts
or omissions of such user in connection with our Services. If you are accessing or using our Services on
behalf of another person or entity, you represent that you are authorized to accept these Terms on that
person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other
person or entity violates these Terms.
</p>
<h3 id="toc_2">3. Publishing Content</h3>
<p>This section applies if you use the Services to publish Content through LBRY. </p>
<p>
a) You will make available via the Services a clear and accurate description of Content you publish, and
provide the Content in accordance with any descriptions or representations you make available about the
Content. You are solely responsible for resolving any disputes with users of your Content, including any
chargebacks or refunds, and for any and all injuries, illnesses, damages, claims, liabilities and costs
that are caused in whole or in part by you or your Content. Publishing to a blockchain is permanent. We
cannot remove published content from the blockchain itself, although we can block content accessed via our
app or other services on top of the blockchain.
</p>
<p>
b) LBRY enables publishers to offer Content for sale to other users by setting contract terms within the
metadata of the Content. Company, in its sole discretion, may from time to time impose limits on the
ability to sell Content via the Services. Upon the purchase of Content, you and the purchaser of your
Content will enter into a separate agreement, pursuant to which that purchaser agrees to pay the specified
fees for the Content and you agree to enable access to your Content. You are solely responsible for
providing refunds as required to comply with applicable law. You are responsible for determining what, if
any, taxes apply to your sale of Content, including, for example, sales, use, value added, and similar
taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the
appropriate tax authorities. The Company is not responsible for withholding, collecting, reporting, or
remitting any sales, use, value added, or similar tax arising from any transaction completed via the
Services.
</p>
<p>
c) The Company is not a party to and has no responsibility or liability with respect to any
communications, transactions, interactions, disputes or any relations whatsoever between you and any users
of the Content. We will not be responsible for any loss, misuse, or deletion of Content or any failure of
any Content to be encrypted, stored or distributed.. You are solely responsible for your use of the
Services, including for configurations that you deem appropriate to determine access to your Content by
other users in a manner that meets your expectations. You are solely responsible for backing up any
Content. We are not responsible for any user’s access to your Content or any user’s misuse or
redistribution of Content.{' '}
</p>
<p>
d) You will not use the Services to reserve a Name that infringes any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party.
</p>
<p>
e) We make no representations or warranties regarding the suitability of the Services for the distribution
and publishing of any particular types of data. By posting any Content or reserving a Name, you represent
and warrant that you have the lawful right, including all necessary intellectual property rights, to
distribute and reproduce such Content or use such Name for any purpose, commercial or otherwise. You will
provide all notices to, and obtain any consents from third parties as required by applicable law in
connection with the distribution and publishing of Content via the Services.{' '}
</p>
<p>f) You will not use the Services to distribute or publish Content that:</p>
<ul>
<li>
is unlawful, for example, copyrighted works, underage sexual content, revenge pornography, or any other
content illegal under US or state law.
</li>
<li>
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any applicable local, state, national or
international law;
</li>
<li>
infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of
any party;
</li>
<li>
impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
</li>
<li>
contains sensitive personal information, including "protected health information," as defined under
HIPAA and its implementing rules; “cardholder data," as defined by the PCI DSS; “personal information"
of a “child" as such terms are defined under the Children’s Online Privacy Protection Act and its
implementing rules; or personal data revealing racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for
the purpose of uniquely identifying a natural person, data concerning health or data concerning a
natural person's sex life or sexual orientation;
</li>
<li>
contains viruses, corrupted data or other harmful, disruptive or destructive files; UNLESS CLEARLY
LABELED AS SUCH
</li>
<li>
in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person
from using or enjoying LBRY or the Services, or which may expose the Company or its users to any harm or
liability of any type.
</li>
<li>
USD equivalent of LBRY Credits [LBC] is determined by 3rd party markets such as Bittrex and Poloniex,
not LBRY INC.
</li>
</ul>
<h3 id="toc_3">4. Accessing Content</h3>
<p>This section applies if you use the Services to access Content that has been stored through LBRY.</p>
<p>
a) In using our Services, you may view or otherwise interact with Content provided by publishers. Your
dealings or correspondence with any publisher of Content are solely between you and that publisher. The
Company is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused,
by or in connection with any such dealings, including the delivery, quality, safety, legality or any other
aspect of any Content that you may access using our Services.
</p>
<p>
b) In certain instances, your access to Content may be subject to sale terms set forth in the metadata of
the Content. Company, in its sole discretion, may from time to time impose limits on the ability to
purchase Content via the Services. Upon your access of any purchased Content, you and the publisher will
enter into a separate agreement, pursuant to which you agree to pay the specified fees for the Content and
the publisher agrees to make such Content available to you. THE COMPANY DOES NOT HAVE THE POWER OR
RESPONSIBILITY TO PROVIDE ANY REFUNDS. You agree to look solely to the publisher to resolve any disputes
regarding Content, and that publishers are solely responsible for providing any refunds.
</p>
<p>
c) All payments for content will be made using LBC and occur on the LBRY blockchain. Purchaser is buying
the right to access content for personal non-commercial use unless content creator provides a license for
commercial use or remixing.
</p>
<h3 id="toc_4">5. Hosting Content</h3>
<p>
This section applies to you if you host any Content via LBRY using the Services. The Services allow Hosts
to make available storage space (<strong>“Space"</strong>) on the Host’s device for the storage of Content
published through LBRY By making available Space on your device, you authorize any user of our Services
to: (i) store Content published through LBRY onto your device; and (ii) access such Content from your
device at any time.{' '}
</p>
<p>
a) You represent and warrant that (i) you own or control your device, and have the right to provide the
Space on your device pursuant to these Terms; and (ii) you will not breach any agreement to which you are
a party in connection with your performance under these Terms, including any agreement you have with a
third-party Internet service provider.{' '}
</p>
<p>
b) By allowing Space to be utilized to store Content distributed through LBRY, you understand that your
device may be impacted due to the additional constraints being placed on it by the processing of Content.
In particular, your device may not operate as quickly as it would without making Space available for
others to utilize.{' '}
</p>
<p>
c) You will not: (i) reverse engineer any aspect of the Content stored on your device or do anything that
might discover the contents or origin of the Content; (ii) attempt to bypass or circumvent measures
employed to prevent or limit access to the Content, including attempting to defeat any encryption; or
(iii) attempt to interfere with the storage or transmission of Content.
</p>
<h3 id="toc_5">6. General Conduct Restrictions</h3>
<p>
You are solely responsible for your conduct while using the Services. You will comply with all applicable
laws and third-party agreements to which you are bound. Further, you will not do any of the following in
connection with the Services or any other users:{' '}
</p>
<p>
a) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other
users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning
of the Services in any manner;
</p>
<p>
b) Impersonate or distribute Content on behalf or any person or entity or otherwise misrepresent your
affiliation with a person or entity;
</p>
<p>c) Cheat or utilize unauthorized exploits in connection with the Services; </p>
<p>d) Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users; </p>
<p>
e) Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters,
or pyramid schemes;
</p>
<p>
f) Harvest or otherwise collect information about users, including email addresses, without their consent;
</p>
<p>
g) Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any
illegal activity, or any activity that violates these Terms;{' '}
</p>
<p>
h) Use the Services to distribute Content that you do not have the lawful right to distribute or
reproduce; or
</p>
<p>
i) Circumvent or attempt to circumvent any filtering, security measures or other features we may from time
to time adopt to protect the Company, the Services, its users or third parties.
</p>
<p>
The Company does not endorse or adopt any Content and you acknowledge and agree that the Company will have
no responsibility for any Content, including without limitation, material that may be misleading,
incomplete, erroneous, offensive, indecent or otherwise objectionable. Enforcement of the Content rules
set forth in these Terms is solely at our discretion, and subject to our technical capabilities. Failure
to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in
other instances. In addition, these rules do not create any private right of action on the part of any
third party or any reasonable expectation that the Services will not link to any Content that is
prohibited by such rules.{' '}
</p>
<h3 id="toc_6">7. Limited License; Copyright and Trademark</h3>
<p>
Our Services and the text, graphics, images, photographs, illustrations, trademarks, trade names, service
marks, logos, slogans and other content contained therein (collectively, the{' '}
<strong>“Company Marks"</strong>) are owned by Company and its licensors and are protected under both
United States and foreign laws, and may not be copied, imitated or used, in whole or in part, without our
or the applicable licensor’s prior written permission. You may not use any metatags or other “hidden text"
utilizing any Company Marks without our prior written permission. Further, you may not use, frame or
utilize framing techniques to enclose any Company Mark, the content of any text or the layout or design of
any page or form contained on a page, on the Services without the Company’s express written consent.
</p>
<h3 id="toc_7">8. Open Source Software</h3>
<p>
a) We may, from time to time, release the source code for certain of the software that supports our
Services. You agree to be bound by, and comply with, any license agreement that applies to this open
source software. You will not indicate that you are associated with Company in connection with any of your
modifications or distributions of this open source software.{' '}
</p>
<p>
b) The source code we release in connection with open source software is not part of the Services, and
your use of that source code without interacting with our Services is not subject to these Terms. For
clarity, though, when we host any software and enable you to access and use such software as a service
through our Services, then these Terms will apply to such access and use.{' '}
</p>
<h3 id="toc_8">9. YouTube Creator Program Terms</h3>
<p>
a) If you participate in the YouTube Creator Program, you also agree to{' '}
<a href="https://www.youtube.com/t/terms" rel="noopener">
YouTube's Terms of Service (https://www.youtube.com/t/terms)
</a>{' '}
and{' '}
<a href="https://www.google.com/policies/privacy" rel="noopener">
Google's Privacy Policy (https://www.google.com/policies/privacy).
</a>{' '}
</p>
<p>
b) To revoke LBRY's access to your YouTube account or manage your security preferences, please{' '}
<a href="https://security.google.com/settings/security/permissions" rel="noopener">
refer to your Google Security and Permissions Page
(https://security.google.com/settings/security/permissions).
</a>
</p>
<h3 id="toc_9">10. Feedback</h3>
<p>
Any questions, comments, suggestions, ideas, original or creative materials or other information you
submit about the Company or our products or Services (collectively, <strong>“Feedback"</strong>), is
non-confidential and will become the sole property of the Company. We will own exclusive rights,
including, without limitation, all intellectual property rights, in and to Feedback and will be entitled
to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
</p>
<h3 id="toc_10">11. Copyright Complaints</h3>
<p>
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the
intellectual property rights of others. If you believe that anything on our Services infringes any
copyright that you own or control, you may notify the Company’s Designated Agent as follows:
</p>
<p>
Designated Agent: LBRY INC Address: 99 Hanover St, Manchester, NH 03101 Telephone Number: 907-318-5956 Fax
Number: 801-327-6808
</p>
<p>E-Mail Address: hello@odysee.com</p>
<p>
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if
you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable
to the Company for certain costs and damages.
</p>
<h3 id="toc_11">12. Indemnification</h3>
<p>
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the
Company and our officers, directors, agents, partners and employees (individually and collectively, the{' '}
<strong>“Company Parties"</strong>) from and against any loss, liability, claim, demand, damages, expenses
or costs (including attorney’s fees) (<strong>“Claims"</strong>) arising out of or related to (a) your
access to or use of our Services; (b) your Content or any Name that you have reserved; (c) your violation
of these Terms; or (d) your violation, misappropriation or infringement of any rights of another
(including intellectual property rights or privacy rights). You agree to promptly notify Company Parties
of any third party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs
and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You
also agree that the Company Parties will have control of the defense or settlement of any third party
Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written
agreement between you and the Company or the other Company Parties.
</p>
<h3 id="toc_12">13. Disclaimers</h3>
<p>
<strong>
Your use of our Services is at your sole risk. Our Services are provided “as is" and “as available"
without warranties of any kind, either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In
addition, the Company does not represent or warrant that our Services are accurate, complete, reliable,
current or error-free. While the Company attempts to make your access to and use of our Services safe,
we cannot and do not represent or warrant that our Services or servers are free of viruses or other
harmful components. You assume the entire risk as to the quality and performance of the Services.
</strong>
</p>
<h3 id="toc_13">14. Limitation of Liability</h3>
<p>
<strong>
The Company and the other Company Parties will not be liable to you under any theory of
liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any
indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if the
Company or the other Company Parties have been advised of the possibility of such damages.
</strong>
</p>
<p>
<strong>
The total liability of the Company and the other Company Parties, for any claim arising out of or
relating to these Terms or our Services, regardless of the form of the action, is limited to the greater
of any amount paid, if any, by you to access or use our Services or $100 USD.
</strong>
</p>
<p>
<strong>
The limitations set forth in this section will not limit or exclude liability for the gross negligence,
fraud or intentional misconduct of the Company or other Company Parties or for any other matters in
which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages, so the above limitations
or exclusions may not apply to you.
</strong>
</p>
<h3 id="toc_14">15. Release</h3>
<p>
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties
from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related
to disputes between users and the acts or omissions of third parties.{' '}
<strong>
You expressly waive any rights you may have under California Civil Code § 1542 as well as any other
statute or common law principles that would otherwise limit the coverage of this release to include only
those claims which you may know or suspect to exist in your favor at the time of agreeing to this
release.
</strong>
</p>
<h3 id="toc_15">16. Dispute Resolution; Arbitration</h3>
<p>
<strong>
Please read the following section carefully because it requires you to arbitrate certain disputes and
claims with the Company and limits the manner in which you can seek relief from us.
</strong>
</p>
<h3 id="toc_16">16.1. Binding Arbitration</h3>
<p>
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively,{' '}
<strong>“Disputes"</strong>) in which either party seeks to bring an individual action in small claims
court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property,
including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you
and the Company (a) waive your and the Company’s respective rights to have any and all Disputes arising
from or related to these Terms or the Services resolved in a court, and (b) waive your and the Company’s
respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding
arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute
and making a final and binding determination to resolve it instead of having the Dispute decided by a
judge or jury in court).
</p>
<h3 id="toc_17">16.2. No Class Arbitrations, Class Actions or Representative Actions</h3>
<p>
Any Dispute arising out of or related to these Terms or the Services is personal to you and the Company
and will be resolved solely through individual arbitration and will not be brought as a class arbitration,
class action or any other type of representative proceeding. There will be no class arbitration or
arbitration in which an individual attempts to resolve a Dispute as a representative of another individual
or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative
action, whether within or outside of arbitration, or on behalf of any other individual or group of
individuals.
</p>
<h3 id="toc_18">16.3. Federal Arbitration Act</h3>
<p>
These Terms affect interstate commerce and the enforceability of this Section 16 will be both
substantively and procedurally governed by and construed and enforced in accordance with the Federal
Arbitration Act, 9 U.S.C. § 1 et seq. (the <strong>“FAA"</strong>), to the maximum extent permitted by
applicable law.
</p>
<h3 id="toc_19">16.4. Notice; Informal Dispute Resolution</h3>
<p>
Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty
(30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute
informally. Notice to the Company will be sent by e-mail to the Company at hello@odysee.com. Notice to you
will be by email to the then-current email address in your Account. Your notice must include (a) your
name, postal address, email address and telephone number, (b) a description in reasonable detail of the
nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and the Company
cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the
applicable party, then either you or the Company may, as appropriate and in accordance with this Section
16, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a
claim in court.{' '}
</p>
<h3 id="toc_20">16.5. Process</h3>
<p>
Any arbitration will occur in New Castle County, Delaware. Arbitration will be conducted confidentially by
a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (
<strong>“JAMS"</strong>), which are hereby incorporated by reference. The state and federal courts located
in New Castle County, Delaware will have exclusive jurisdiction over any appeals and the enforcement of an
arbitration award. You may also litigate a Dispute in the small claims court located in the county where
you reside if the Dispute meets the requirements to be heard in small claims court.{' '}
</p>
<h3 id="toc_21">16.6. Authority of Arbitrator</h3>
<p>
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the
exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute,
including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy
that would otherwise be available in court; provided, however, that the arbitrator does not have the
authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.
The arbitrator may only conduct an individual arbitration and may not consolidate more than one
individual’s claims, preside over any type of class or representative proceeding or preside over any
proceeding involving more than one individual.
</p>
<h3 id="toc_22">16.7. Rules of JAMS</h3>
<p>
The rules of JAMS and additional information about JAMS are available on the{' '}
<a href="http://www.jamsadr.com/" rel="noopener">
JAMS website.
</a>{' '}
By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and
understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that
the rules of JAMS are unfair or should not apply for any reason.
</p>
<h3 id="toc_23">17. Governing Law and Venue</h3>
<p>
These Terms and your access to and use of the Services will be governed by and construed and enforced in
accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles
(whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws
of any other jurisdiction. Any Dispute between the parties arising out of or relating to these Terms that
is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or
federal courts of the State of Delaware and the United States, respectively, sitting in New Castle County,
Delaware.{' '}
</p>
<h3 id="toc_24">18. Severability</h3>
<p>
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause
or provision will be severable from these Terms and will not affect the validity or enforceability of any
remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
</p>
<h3 id="toc_25">19. Termination or Suspension</h3>
<p>
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole
discretion, to terminate this agreement or suspend your right to access the Services. You may terminate
this agreement without notice by discontinuing use of the Services. All rights and licenses granted to you
under these Terms will immediately be revoked upon our termination of the agreement or our suspension of
your access to the Services. We make no representations that termination or suspension of the Services
will prevent the spread or distribution of published Content through LBRY.
</p>
<h3 id="toc_26">20. Amendment</h3>
<p>
We reserve the right to change these Terms from time to time upon notice to you. If we make changes to
these Terms, we will provide notice of such changes by posting the revised Terms to the Services and
updating the “Last Updated" date at the top of these Terms. In some cases, we may provide additional
notice to you, such as via our Services or to an email address associated with your Account. Your
continued use of the Services following our provision of any such notice will confirm your acceptance of
the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.{' '}
</p>
<h3 id="toc_27">21. Survival</h3>
<p>
The following sections will survive the expiration or termination of these Terms: all defined terms and
Sections 12 - 18, 21 and 22.
</p>
<h3 id="toc_28">22. Miscellaneous</h3>
<p>
These Terms constitutes the entire agreement between you and the Company relating to your access to and
use of the Services. We may assign our rights and obligations under these Terms. Under no circumstances
may you assign your rights and obligations under these Terms, including in the event of change of control
or by operation of law, without our prior written consent. The failure of the Company to exercise or
enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We
will not be liable for any delay or failure to perform any obligation under these Terms where the delay or
failure results from any cause beyond our reasonable control. Except as otherwise provided in herein, the
agreement is intended solely for the benefit of the parties and are not intended to confer third-party
beneficiary rights upon any other person or entity.
</p>
<h3 id="toc_28">23. Export Control and Prohibited Use</h3>
<p>
Use of the Service and Software, including transferring, posting, or uploading data, software or other
Content via the Service, may be subject to the export and import laws of the United States and other
countries. You agree to comply with all applicable export and import laws and regulations. In particular,
but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you
represent and warrant that you are not located in any such country or on any such list. You also agree
that you will not use the Software or Service for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or
biological weapons. You further agree not to upload to your Account any data or software that is: (a)
subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written
government authorization, including, but not limited to, certain types of encryption software and source
code, without first obtaining that authorization. This assurance and commitment shall survive termination
of this Agreement.
</p>
</div>
}
/>
</Page>
);
};
export default YouTubeTOSPage;