Terms

CCTV Footage

7.1 Only Business Accounts may submit CCTV Footage to Whotube.
7.2 You warrant that any CCTV Footage you upload (or permit to be uploaded) to Whotube:
(a) has not been altered, edited or otherwise manipulated from the original recording of the footage (not including any truncation or compression required to upload the CCTV Footage to Whotube);
(b) depicts an Incident;
(c) was recorded at your Business’ premises;
(d) is not and does not contain Prohibited Content (in whole or in part); and
(e) has been uploaded in accordance with, and otherwise satisfies, all requirements for Content as specified in clause 8 of these Terms.
7.3 You acknowledge and accept that Whotube is merely an online ‘bulletin board’ for CCTV Footage and other Content, and not a law enforcement agency or private investigator. We do not warrant or guarantee that uploading CCTV Footage to Whotube will result in an arrest or conviction in relation to, or any other resolution of, an Incident.
7.4 Only simple CCTV Titles should be submitted in connection with CCTV Footage uploaded to the Site, e.g. ‘Stealing – Beer from Bottle Shop’ should instead be ‘Incident at Bottle Shop on [X date]’;
(b) that CCTV Description should not include comments or conclusions on any alleged crimes depicted in CCTV Footage, such as ‘Man steals beer from bottle shop’. However, Business Users may draw the viewer’s attention to specific parts of the video, e.g. ‘Incident of interest takes place at approximately 2:30 in the video’; and
(c) that while CCTV Descriptions can include questions relevant to the specific information a Business User requires, e.g. ‘Do you know the person in the red shirt?’, or ‘Do you know the person who owns the car displayed at 3:20 in the video?’, such questions should not draw conclusions about alleged crimes being depicted in the CCTV Footage, e.g. ‘Do you know the person stealing the beer in this video?’.
7.5 Whotube WILL NOT exercise any editorial control over content uploaded to the Site by Personal Users or Business Users and Whotube advises;
(a) Whotube does not review, edit or otherwise check or control any CCTV Title, CCTV Description or Comment uploaded to the Site;
(b) Whotube has no control over content Personal Users or Business Users upload to and publish on the Site – such uploading and publication is an automatic process which does not require any interaction from or supervision by Whotube; and
(c) all content is uploaded at the user’s risk and must not be relied upon by any user.
7.6 Whotube directs Personal Users to ensure that any Comments they upload to the Site only includes comments or opinions on what is displayed in CCTV footage, and not an assessment of the character of motives of people depicted in such footage or any alleged offence being committed.

Content
8.1 Subject to any restrictions in these Terms, Registered Users may submit Content to Whotube.
8.2 You are solely responsible and liable for all Content you submit to Whotube, including all consequences which arise from any Content submitted in relation to CCTV Footage.
8.3 If you submit Content in response to CCTV Footage on Whotube, the Business Account which supplied the CCTV Footage will have access to such Content and the user name associated with your Account.
8.4 By submitting Content to Whotube, you:
(a) grant Us a non-exclusive, irrevocable, perpetual, transferable, royalty free and worldwide licence to use and deal with your Content as if We were the author or creator of the Content (including the right to sub-licence such Content);
(b) agree you will not enforce any Moral Rights you may have in any Content submitted to Whotube and you agree that we may use your Content in any manner which we see fit without acknowledgement or reference to you or your Moral Rights;
(c) warrant you have obtained all consents and permissions required and are otherwise legally entitled to submit such Content to Whotube;
(d) warrant such Content:
(1) is not Prohibited Content (in whole or in part);
(2) does not infringe the intellectual property rights, ownership rights or Moral Rights of any third party; and
(e) release and indemnify Us from all claims and liability for any claim or loss that directly or indirectly results from your submission of, or reliance on, any Content on Whotube.
8.5 Whotube does not endorse, or make any representation or warranty in relation to, any Content submitted by a Registered User and expressly disclaims any and all liability in connection with such Content.
8.6 Without limiting the operation of this clause or any other provision in these Terms, any Content submitted by a Registered User which refers to or indicates an opinion regarding CCTV Footage is the opinion of the Registered User and not Whotube.
8.7 If you believe that any Content displayed on Whotube may constitute Prohibited Content, you should notify Us by sending an email to info@whotube.com or clicking the relevant links on the Site, and describing your concerns and the location of the Content on the Site. If we consider the Content may be Prohibited Content, we will remove such Content from Whotube.
8.8 Whotube reserves the right to remove or delete any Content without prior notice.
8.9 We may engage third parties to author, design or provide Content for inclusion in Whotube. You acknowledge and agree that in relation to all Whotube Content contributed by third parties:
(a) any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.

Transactions
9.1 Only Business Accounts are permitted to make Transactions through Whotube.
9.2 Examples of Transactions include (but are not limited) to orders and payment for Advertising.
9.3 All Transactions made through Whotube will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
9.4 By completing a Transaction you agree to pay all amounts related to the Transaction including all taxes by the relevant due date. Once a Transaction is completed on Whotube it can not be cancelled or reversed.
9.5 You acknowledge and accept that for any Transaction related to products or services supplied by third parties:
(a) Whotube only facilitates your purchase of those products or services from the relevant third party supplier and is not responsible for the supply or the quality or fitness for purpose of the said products or services;
(b) those products or services may be subject to additional third party terms and conditions. You should review these terms and conditions before making any Transaction for third party products or services;
(c) any description or images on Whotube of third party products and services are provided by the relevant third party supplier and not Us;
(d) to the extent permitted by law and in addition to any other part of these Terms, We accept no liability for any loss or damage directly or indirectly related to any third party product or service purchased through Whotube, including a third party’s inability to supply a particular product or service; and
(e) any warranty claims related to third party products or services purchased through Whotube will lie with the third party supplier of the product or service and not Us.
9.6 You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:
(a) interception, modification or diversion of a Transaction request; or
(b) access or copying of details relating to a Transaction (including personal or financial information).
9.7 We reserve the right to modify, suspend or cancel any Transaction for any reason.

Communications from Us
All Direct Communications from Us to you will be in accordance with our Privacy Policy.

Closing your Account
11.1 You may close your Account at any time.
11.2 We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or close your Account if we decide to take down the Site or believe you:
(a) have breached any part of these Terms;
(b) are likely to breach any part of these Terms; or
(c) have acted against Our business interests or Reputation.
11.3 You will not be entitled to recover any payments in relation to a Transaction if your Account is closed in accordance with this clause 11.

Intellectual Property
12.1 By accessing and using Whotube you acknowledge and agree that subject to clause 8 as it refers to Content submitted by Registered Users:
(a) We own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of Whotube or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of Whotube; and
(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services.
12.2 Certain software and other content provided or available through Whotube may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
12.3 You must use Whotube for lawful purposes only.

Copyright Infringement Claims
13.1 If acting in good faith you believe that any part of Whotube infringes your copyrighted work you must mail a signed Copyright Infringement Claim to:
Attn: Copyright Claims Officer
Whotube
PO Box 27
Maitland NSW 2300 AUSTRALIA
13.2 We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that Our determination of any Copyright Infringement Claim is final and no correspondence will be entered into.

Modifying and terminating Whotube
14.1 We reserve the right to modify, update or terminate Whotube or any part of Whotube or the Site at any time and at Our absolute discretion, without notice or liability to you.
14.2 Any change or modification to Whotube or these Terms is effective immediately upon them being posted on Whotube. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.

Hyperlinks
15.1 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on Whotube;
(b) site framed within Whotube; or
(c) advertisements displayed on Whotube.
15.2 We expressly disclaim (and do not endorse, represent or verify) the accuracy or reliability of content on third-party websites described in clause 15.1.
15.3 Hyperinks are provided on Whotube for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on Whotube is not an endorsement, approval or recommendation of the linked website or its content.
15.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.

Disclaimer
16.1 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of Whotube for any particular purpose.
16.2 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon Whotube or Whotube’s inability to meet your needs.
16.3 The use of and your reliance upon Whotube is entirely at your own risk. When using Whotube information will be transmitted over a medium which may be beyond Our or Our suppliers jurisdiction or control. Information and files available from Whotube cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content you may transmit to Whotube.
16.4 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Whotube which is beyond our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of Whotube.

Liability
17.1 To the fullest extent permitted by law:
(a) WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY FOR
(1) ANY PERSONAL INJURY, INCLUDING DEATH;
(2) DAMAGE TO OR DESTRUCTION OF PROPERTY; OR
(3) HARRASSMENT, INTIMIDATION OR OTHER ANTI-SOCIAL OR UNLAWFUL BEHAVIOUR,
WHICH IS DIRECTLY OR INDIRECTLY CAUSED BY OR RELATED TO A PERSON’S ACCESS TO OR USE OR MISUSE OF WHOTUBE OR THE SITE;
(b) all conditions and warranties concerning Whotube (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by Us, Our liability to you is limited to the remedies contained in the Australian Consumer Law, which you agree is your only remedy;
(c) in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on Whotube be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use Whotube, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

General
18.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
18.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
18.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
18.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
18.5 The Service is controlled and offered by whotube from its facilities in Australia. Whotube makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.