Terms of Service

Throughout these Terms, we use certain defined terms:

• "PermacultureTube," "we," "us," and "our" refer to PermacultureTube, Inc., the company that operates the PermacultureTube platform.
• "Services" refers to PermacultureTube's website, applications, and all services provided by PermacultureTube.
• "User," "you," and "your" refer to any individual or entity using our Services.
• "Content" refers to any text, images, videos, audio, or other material uploaded, shared, or displayed on our Services.
• "User Content" refers to Content that users submit, upload, or otherwise make available on our Services.

2.1 Account Creation

To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Age Requirements

You must be at least 16 years old to create an account. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Services and that they have read and agree to these Terms on your behalf.

2.3 Account Security

You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.

2.4 Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we determine violates these Terms or our Community Guidelines, or for any other reason we determine is appropriate.

3.1 Content Responsibility

You are solely responsible for the User Content that you post, upload, or otherwise make available via our Services. You represent and warrant that:

• You own or have the necessary rights to use and authorize the use of your User Content;
• Your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights;
• Your User Content complies with these Terms and all applicable laws and regulations.

3.2 Content Guidelines

All User Content must comply with our Community Guidelines, which are incorporated by reference into these Terms. We reserve the right to remove any User Content that violates these Terms or our Community Guidelines, or that we determine is otherwise objectionable, at our sole discretion.

3.3 Content Monitoring

We do not actively monitor or moderate User Content, but we reserve the right to do so. We are not responsible for any User Content and do not endorse any opinions expressed in User Content. You acknowledge that you may be exposed to User Content that is inaccurate, offensive, or otherwise objectionable.

3.4 Reporting Content

If you believe that any User Content violates these Terms or our Community Guidelines, please report it using the reporting features available on our Services or by contacting us at the email address provided in Section 13.

4.1 Your Rights

You retain all ownership rights in your User Content. By submitting User Content to PermacultureTube, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and PermacultureTube's business operations.

4.2 Duration of License

The license you grant us will continue until you remove your User Content from our Services, except that:

• The license will continue if your User Content has been shared with others who have not deleted it;
• We may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.

4.3 Our Intellectual Property

The Services and all content and materials available through the Services, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof, are the property of PermacultureTube or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.4 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to:

• Modify or copy the materials on our Services;
• Use the materials for any commercial purpose;
• Attempt to decompile or reverse engineer any software contained on our Services;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

You agree not to engage in any of the following prohibited activities:

• Violating Laws or Rights: Using the Services in any manner that violates any applicable law, regulation, or these Terms; or infringing upon or violating the intellectual property rights, privacy rights, or other rights of any third party.
• Harmful Content: Posting, uploading, or sharing Content that is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of privacy, or otherwise inappropriate.
• Impersonation: Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or accessing the Services accounts of others without permission.
• Interference: Interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services.
• Scraping or Harvesting: Scraping, data mining, or otherwise collecting information from the Services without our express written consent.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
• Circumvention: Circumventing, disabling, or otherwise interfering with security-related features of the Services or features that prevent or restrict the use or copying of any Content.
• Automated Use: Using any automated means, including bots, scrapers, or similar technologies, to access or use the Services without our express written permission.

6.1 Subscription Services

PermacultureTube offers premium subscription services that provide additional features and benefits. By subscribing to our premium services, you agree to pay the applicable subscription fees as they become due.

6.2 Billing and Renewal

Subscription fees are billed in advance on a recurring basis, depending on the subscription plan you select (monthly, annual, etc.). Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. If you cancel, you will continue to have access to premium features until the end of your current billing period, but you will not receive a refund for any fees already paid.

6.4 Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.

6.5 Free Trials

We may offer free trials of our premium subscription services. If you sign up for a free trial, we will begin charging your payment method for the subscription fee at the end of the free trial period unless you cancel your subscription before the end of the trial.

7.1 Termination by You

You may terminate your account at any time by following the instructions on our Services or by contacting us at the email address provided in Section 13.

7.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, for any reason, without notice or liability, including if we believe you have violated these Terms or our Community Guidelines.

7.3 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease, and we may delete or remove your User Content and account information. The following provisions will survive termination: Rights and Licenses (Section 4), Disclaimer of Warranties (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), and Governing Law (Section 11).

THE 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.

PERMACULTURETUBE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PERMACULTURETUBE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL PERMACULTURETUBE, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF PERMACULTURETUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL PERMACULTURETUBE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID PERMACULTURETUBE IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless PermacultureTube, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right;
• Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California.

Any dispute arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration will be conducted in San Francisco, California, unless you and PermacultureTube agree otherwise.

You agree that any arbitration shall be limited to the dispute between you and PermacultureTube individually. To the full extent permitted by law:

• No arbitration shall be joined with any other;
• There is no right or authority for any dispute to be arbitrated on a class-action basis; and
• There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If the arbitration provision is found unenforceable, you agree to resolve any disputes through the courts located within San Francisco County, California.

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

If you do not agree to the new Terms, you must stop using the Services. We encourage you to review these Terms regularly to stay informed about our practices.

If you have any questions about these Terms, please contact us at: