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These Terms of Service, made effective on 29 November 2011, are between YouTab Media 2011 Ltd., a limited liability corporation incorporated under the laws of the state of Israel, whose principal place of business is 21 Yona Hanavi St., Tel-Aviv, Israel (hereinafter: YouTab) and Yourself, either a natural person or a person acting on behalf of a corporation or other legal entity.
We advise that you read the full text of these terms prior to applying or registering for a user account at YouTab.
In brief, this legal agreement represents the relationship and understanding between YouTab and yourself.
YouTab provides a unique interactive service which allows you to write down your guitar tablature alongside music videos you filmed.
YouTab respects your copyrights and the copyrights of others and therefore requires that you only annotate tablature of your own music or of music that you are licensed to annotate (such as public domain music).
YouTab also requires that the music videos that you attach to your tablature shall be your own or videos which you are licensed to display; for example, you are not allowed to embed an unlicensed Metallica video and write down your tabs for that song.
You shall be solely liable for any copyright infringement made using the service; meaning, that if you actually annotate Metallica’s tabs, you know they may sue you and you also will pay for YouTab’s legal fees.
YouTab employs a strict notice and take-down mechanism, meaning that if it receives notification of any infringing video or tab, it may take it down for any reason or block your account.
And finally,YouTab shall never be liable for anything, even if all of your tabs are erased due to a server error.
And now, we move on to the legal language:
Your Warrants, Eligibility and Security: By signing up to the YouTab service, you hereby acknowledge and accept these terms and agree to be bound by them. In order to use the YouTab service you shall be required to maintain your account details secure and adhere to YouTab's terms of eligibility, as stated herein.
Eligibility By accepting these terms, you hereby warrant that you are entitled to YouTab's eligibility terms and that, if you are operating on a behalf of a corporation, that all the end-users and employees of it which shall be granted access to YouTab adhere to these terms as well
Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.
Age: If you are a natural person, you are either over 18 years of age or you are over 13 years of age and obtained your legal guardian's consent to enter into this service.
Not a sex offender: You have not been convicted of any sex crime, possession of child pornography or otherwise been under electronic monitoring in relation to sexual offences.
Residence: You do not reside in any proscribed state.
Valid Facebook or OpenID Account: Of you registered to the YouTab service through a 3rd party authentication service, such as Facebook Connect or OpenID, you have a valid account.
True and Accurate Information: The information provided by you when registering to services is true and accurate.
Were not previously denied service by YouTab: You were not previously removed, banned or otherwise declined service from YouTab.
Email Authentication: If you did not authenticate through a 3rd party authentication service, then YouTab shall authenticate and inspect whether you are the actual proprietor of that email account by sending you an activation link prior to activating your account.
One Person For One Account: You will not share your account with any other person and you shall not enter into these terms in the benefit of any 3rd party.
Security and login data: You are specifically prohibited from sharing your username and password with any 3rd party. YouTab highly discourages the use of password managers in order to retain your login information.
Notification: You are required to inform YouTab, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any YouTab account.
YouTab's Liability: YouTab shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using YouTab's best practices as published from time to time.
Services: Following your registration to the YouTab website, YouTab shall provide you the following services, which altogether shall be referred to as “Services”.
Annotation: YouTab shall provide you with an interactive web-based platform to annotate, time and synchronize tablature for your Content (as defined in article 4 to these terms).
Embedding of Videos: YouTab shall avail you with a platform to embed music videos from 3rd party websites in service, in accordance to the functionality and availability of the Services
Requesting Annotation: YouTab may avail you to a platform to embed your music videos from 3rd party websites, in accordance to the functionality and availability of the Services, and to allow other YouTab users to annotate such videos.
Importing and Exporting: YouTab shall avail you with an option to import annotations stored on your computer and to export them and save them through YouTab’s website.
Publishing: YouTab shall allow you to publish and create personal pages of your annotations and to send them to friends and familty through social networks.
Locating: YouTab shall allow you to search YouTab’s music database in order to locate and find relevant music and tablature.
Fees: For its Services, YouTab shall be allowed to charge fees, from time to time, as published in the YouTab website. Such fees may include periodical subscriptions, fees for publishing any Content or fees relating to the sale of virtual goods.
User Generated Content: By either providing YouTab with an embedded video or by using YouTab to create a tablature through Service, You hereby accept YouTab User Generated Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your Service, removal of Your tablature and legal action by both YouTab and the person whose rights were infringed. For the purpose of this Policy, the term Content shall refer to: (i) annotation and/or text used in creating tablature; (ii) images used to create personal photographs through Service; (iii) videos embedded through Service from 3rd party sites; (iv) comments, information and/or submissions made through Service.
Warrant: You hereby warrant that You are either (i) the sole proprietor; or (ii) a designated licensee; or (iii) a fair use of any Content You process through service and that no other party’s rights are infringed or violated by using Content and Service. You moreover warrant that You have the full rights and authorization to enter into these terms and to process the Content, and that no legal claim, dispute or lawsuit was filed against You or threatened against You for using Content.
Public Domain Content: If the content you submitted or processed through the service is in the public domain, you have all required documentation to prove that such documentation is in the public domain.
Copyright License: You hereby license YouTab an irrevocable, permanent, unlimited, world-wide, royalty-free, sub-licensable, non-exclusive license to use Your Content and to allow Users to use Your Content according to the functionality of Service and/or through Facebook’s or other 3rd party services, including the creation of derivative works and the creation of three dimensional works.
Trademarks: You hereby license YouTab an irrevocable, permanent, unlimited, world-wide, royalty-free, sub-licensable, non-exclusive license to use and display any Trademarks associated with Your Content according to the functionality of Service.
Model Release: You hereby grant YouTab and Users the permission to use and display the images of the persons displayed in Your Content for commercial use and to endorse YouTab.
Offensive Content: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only:
Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
Pornography: Your Content does not contain any text which includes an offensive language or image including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene Content.
Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
Scams: Your Content is not used to initiate any scam, pyramid scheme, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
Notice and Takedown Mechanism: In order to protect Your rights, YouTab has set up this Notice and Take-down Mechanism to help You protect Your Content and to ensure that no unauthorized use is made.
Pre-screen: You acknowledge that YouTab cannot pre-screen all Content, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content or User that is available via the Service. YouTab shall have the right to remove any Content or User that violates these terms or is otherwise objectionable.
Disclosure of Content: You acknowledge and agree that YouTab may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of YouTab, its Users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless: You agree and warrant to hold YouTab and users harmless and to immediately indemnify YouTab or users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these terms. You also agree to indemnify YouTab and/or Users for any 3rd party lawsuit for Copyright infringement due to their use of Content made available by You.
Cease and Desist: YouTab values others Your Rights, and therefore shall comply with all state regulations regarding 3rd party rights. Should you encounter any Content which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer at our
page. Our officer shall examine your complaint and shall forward it to the User who published said Content for his answer. Should Your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the User which you reported as infringing and/or YouTab. In your complaint you will be required to inform us with: (i) a written statement regarding what Video or Content infringes your rights and proof that You hold those rights; (ii) what is the exact URL of the Content; (iii) notification that you believe that the use made by the Content is not considered fair-use, criticism, consumer protest or any other protected speech.
Moderation: Pursuant to any Cease and Desist notification, and promptly thereafter, YouTab shall moderate the Content and review your request; YouTab shall notify the User who posted the Content on Your complaint, including Your information and request his response.
Removal or Restoration: Should the User who posted the content fail to respond within 96 hours, YouTab shall remove the Content; had he responded, YouTab shall inspect his response and had there any material questions of fact or law arise, shall forward his personal information directly to You so you could commence litigation over Your complaint.
Indemnification: You hereby warrant and agree to hold YouTab harmless and to indemnify YouTab for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your posting of any content in direct violation of YouTab User Generated Content Policy, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.
What Personal Information is Retained? YouTab retains some personal information required to provide you with the services, such as Your email address, real name, age. gender, country, IP address and pictures uploaded to the Services by you.
What non-personal information is retained? YouTab also retains some non-personally identifiable information relating to how you use the services, such as your browser type, operating system, time spent on the websites, pages visited and other information relating to your use of services.
Who has access to this information? YouTab may use this information to provide you with the services, and should you choose to allow YouTab, it may also allow your friends on 3rd party websites to access some of this information (for example, if you allow YouTab to post on your Facebook wall, it will let your friends know what you listened to).
How is the information processed? YouTab shall process your personal information in order to provide you with better services, learn about your use of the website and provide you with content you might be interested with.
Who are the 3rd parties who have access to this information? When using the Services, YouTab may rely on 3rd parties, such as analytical and statistical services, advertising networks and other services. However, YouTab shall not provide any of them with your personal information without your specific consent. YouTab shall also share some information with its business partners and affiliates, provided , however, that either your consent shall be granted to such sharing or that the information shared is statistical, non-personally identifiable. Moreover, YouTab may avail your personal information to law authorities or in compliance to court orders, if required by law.
Can you remove or amend any personal information? Yes, you can send an email to
in order to remove any personal information from YouTab’s servers or to amend any personal information, provided, however, that YouTab may charge you the cost of such removal.
Warranty and Liability:
No Warranty: YouTab does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. YouTab makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected.
No Liability: For no case and for no reason shall YouTab be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3rd party due to its misperformance of duties herein. YouTab provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Services rendered by YouTab.
Amendments: YouTab may amend, from time to time, these terms and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these terms does not constitute as your understanding with YouTab, you may, at your own will, terminate these terms and terminate your User Account. All Content shared shall remain stored on Service and shall be used according to YouTab’s Policies and amended terms of service. In no case will these terms have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these terms.
Termination: YouTab may, at its sole discretion, terminate these terms, Service or any other service rendered by it due to any reason, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if YouTab believes that you have violated or acted inconsistently with the understandings or spirit of the Terms. YouTab may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms may be effected without prior notice, and acknowledge and agree that YouTab may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that YouTab shall not be liable to you or any 3rd party for any termination of your access to the Service.
3rd Party Advertisements: YouTab may, at its own discretion and for its causes, include within Service any links for 3rd party websites, advertisements or links for applications (3rd Party Content). YouTab does not warrant for 3rd Party Content or availability thereof nor does it endorse it. YouTab shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.
Entire Agreement, Waiver: These terms constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any YouTab’s rights under this agreement shall constitute amendments of it.
Governing Laws, Jurisdiction, No Class Action: These Terms shall be solely governed by the laws of the state of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel-Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against YouTab and to claim your damages only according to this agreement.
(c) YouTab Media 2011 LTD.