Terms & Conditions

BY ACCESSING THIS WEBSITE OR USING ANY PART OF THIS WEBSITE OR ANY CONTENT OR SERVICES MADE AVAILABLE ON THIS WEBSITE, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO ACCESS THIS WEBSITE OR USE THE CONTENT OR ANY SERVICES ON MADE AVAILABLE ON THIS WEBSITE.

Use of this website is authorized only for individuals who are at least 13 years old, whether acting on their own behalf or on behalf of an organization or other party. If you do not so qualify, do not attempt to use this website.

Effective Date: May 1st 2023

1. COMPLETE AGREEMENT; MODIFICATIONS

These Terms of Use are the complete and exclusive statement of the rights and obligations between you and Boss One Media LLC. DBA POWERtube TV concerning access and use of this website. These Terms of Use supersede any previous terms of use or any other oral or written agreements, communications or understandings concerning your use and access to the website. No amendment or supplement to these Terms of Use will be effective unless in writing and physically signed by an officer of POWERtube TV. POWERtube TV reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. A new version of these Terms of Use will be identified by the Effective Date given above. You are responsible for checking these Terms of Use from time to time in your use of the website to determine if there have been any changes to these Terms of Use. Your use of this website following posting of new Terms of Use by POWERtube TV constitutes your acceptance of the modified Terms of Use.

2. DESCRIPTION OF SERVICE

Subject to full compliance by you with these Terms of Use and other conditions that may be stated on the website, POWERtube TV may offer to provide to you certain services and content, as described more fully on the website. "Content" includes but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips. "Services" includes but is not limited to access to content or other functionality made available to users on the website. POWERtube TV may change, suspend or discontinue services and/or availability of any content for any reason, at any time. may also impose limits on certain features and services or restrict your access to all or part of the website without notice or liability.

3. REGISTRATION OBLIGATIONS

As a condition to use of some website functionality, you may be required to register with POWERtube TV and select a password and screen name (“POWERtube TV Login"). You shall provide POWERtube TV with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your POWERtube TV account. You may not (i) select or use as a POWERtube TV User ID a name of another person with the intent to impersonate that person; (ii) use as a POWERtube TV User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a POWERtube TV User ID a name that is otherwise offensive, vulgar or obscene. POWERtube TV reserves the right to refuse registration of, or cancel a POWERtube TV User ID in its discretion. You shall be responsible for maintaining the confidentiality of your POWERtube TV password.

4. PROVISION OF DATA AND OTHER CONTENT TO THIS WEBSITE
By uploading, submitting or otherwise disclosing or distributing content of any kind at or on this website, such as comments or other text, data, pictures or video clips, you represent that you have the right to so disclose or distribute such content, and unless source quoted, you represent and warrant that you own all rights in the content and that you agree that the Content will be subject to the Creative Commons Public Domain License, available at http:// creativecommons.org/licenses/publicdomain/.

If you or an organization that you represent has been authorized by POWERtube TV to be a Data Provider, you agree that (1) you will use due care to ensure that the data that you provide is accurate and is provided on a timely basis; (2) you will promptly correct any errors in data that you have provided; (3) you will not delete or modify any accurate data that you have provided.

5. USER CONDUCT

As a condition of use or this website, you promise not to use the website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by POWERtube TV.
By way of example, and not as a limitation, you agree not to use this website:

1. to abuse, harass, threaten, impersonate or intimidate other POWERtube TV website users;

2. to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose, and if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any POWERtube TV website user;

5. to create or submit unsolicited commercial email ("Spam") to any other POWERtube TV website users or any other party or internet location;

6. to violate any laws in your jurisdiction (including but not limited to copyright laws);

7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the website for any purpose without POWERtube TV express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in POWERtube TV discretion an unreasonable or disproportionately large load on POWERtube TV infrastructure; (ii) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (iii) bypass any measures POWERtube TV may use to prevent or restrict access to the website or portions of the website;

9. with the intention of artificially inflating or altering data, comments, or other website content, including by way of creating separate user accounts for the purpose of artificially altering POWERtube TV statistics; giving or receiving money or other remuneration in exchange for support for particular individuals, organizations, or positions on issues; or participating in any other organized effort that in any way artificially alters the results of POWERtube TV services and content provided through this website. POWERtube TV may remove any content and POWERtube TV user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Use abuse, please email: contact@watchpowertubetv.com

6. COPYRIGHT COMPLAINTS

Riivet respects the intellectual property of others. It is Riivet' policy to respond expeditiously to claims of copyright and other intellectual property infringement. Riivet will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Riivet may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. POWERtube TV will terminate access for users who are repeat infringers.

Procedure for notifying POWERtube TV of copyright infringement:
To provide POWERtube TV notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care
of legal@boss1media.com that sets forth the information specified by the
DMCA http://www.copyright.gov/title17/92chap5.html#512 . Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Procedure for providing POWERtube TV with counter-notification:
If POWERtube TV removes or disables access to content in response to an infringement notice, POWERtube TV will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide POWERtube TV with a counter- notification by written communication to the attention of "DMCA Counter- Notification Dept." at support@riivet.com that sets forth the necessary information required by the DMCA http://www.copyright.gov/title17/92chap5.html#512 . Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, you should consult an attorney.

7. RIIVET PRIVACY POLICY

POWERtube TV’s current privacy policy is available at "Privacy Policy" link on this website, and is incorporated by this reference. Changes in the Privacy Policy will be effective upon posting to this website.

8. INDEMNITY

You will indemnify and hold harmless POWERtube TV, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including but not limited to reasonable attorneys fees and costs) from (i) any claim or demand made by any third party due to or arising out of your access to this website, use of the content or functionality provided on this website, violation of these Terms of Use or applicable law by you, or the infringement by you, or any third party using your account or POWERtube TV User ID, of any intellectual property right or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that POWERtube TV has no control over, and no duty to take any action regarding: which users gain access to this website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release POWERtube TV from all liability for you having acquired or not acquired Content through this website. This website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.

POWERtube TV makes no representations concerning any content contained in or accessed through this website, and POWERtube TV will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this website. THE CONTENT, THIS WEBSITE AND THE SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. ANY WARRANTY THAT CANNOT BE DISCLAIMED AS A MATTER OF LAW IS LIMITED TO A PERIOD OF 30 DAYS AFTER YOUR FIRST ACCESS OF THIS WEBSITE. SOME STATES DO NOT ALLOW CERTAIN KINDS OF LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LINKS AND THIRD PARTY CONTENT

The services through this website may include access to links to other websites or embedded content or other resources provided by third parties. Because POWERtube TV has no control over such sites and resources, you acknowledge and agree that POWERtube TV is not responsible for the availability of such external sites or third party resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or constituting such resources. You further acknowledge and agree that POWERtube TV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or or constituting such resources.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL RIIVET OR ITS LICENSORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THIS WEBSITE, THE SERVICES PROVIDED THROUGH THIS WEBSITE OR ANY CONTENT, FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

POWERtube TV shall not be liable for any failure to perform any of its obligations where such failure results from any cause beyond POWERtube TV reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

12. TERMINATION

POWERtube TV may immediately terminate or suspend any and all services provided to you through this website and any POWERtube TV account that you may have, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to any special website features for which an account is required will immediately cease. If you wish to terminate your POWERtube TV account, you may simply discontinue using the services made available to account holders. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind POWERtube TV in any respect whatsoever. The failure of either you or POWERtube TV to exercise in any respect any right provided for in these Terms of Use shall not be deemed a continuing or future waiver of that right or any other right under these Terms of Use or under applicable law. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You do not have the power or the right to assign, license, or otherwise transfer any rights that you may have under these Terms of Use or otherwise in connection with this website, except with POWERtube TV express prior written consent. POWERtube TV may transfer, assign or delegate any of its rights or obligations under these Terms of Use or otherwise in connection with this website without any requirement of consent from you or any other party. This website is managed from POWERtube TV offices in Port Saint Lucie Florida. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Saint Lucie County, Florida. Notwithstanding the foregoing sentence, (but without limiting POWERtube TV right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Port Saint Lucie, Florida, using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.

14. TRADEMARKS

POWERtube TV, and other marks or trade dress of POWERtube TV or its licensors in the U.S. and/or other countries. Trademarks and trade dress of POWERtube TV or its licensors appearing on this website may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Images and icons provided in the POWERtube TV Link Pack may used by partner and third party sites in connection with providing links to this website, but may not be altered in any way, and users agree that any use of such images and icons inure to the benefit of POWERtube TV .