Terms of use

NoirTube Terms of Service

Last Updated: April 19, 2025

Welcome to NoirTube. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using NoirTube's services, you agree to comply with and be bound by these Terms.

1. ACCEPTANCE OF TERMS

By accessing or using NoirTube (the "Platform"), operated by UNMUTEDCO LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to all these Terms, you may not access or use the Platform.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting an updated version on our website. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms.

3. ELIGIBILITY

You must be at least 13 years old to use the Platform. If you are under 18, you must have permission from a parent or guardian. By using the Platform, you represent that you meet these requirements.

4. ACCOUNT REGISTRATION

To access certain features of the Platform, you may need to register for an account. You agree to provide accurate and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

5. USER CONTENT

5.1 Content Ownership

You retain ownership rights to content you upload to the Platform. However, by uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works, display, and perform your content in connection with operating and promoting the Platform.

5.2 Content Restrictions

You agree not to upload content that:

  • Violates any applicable law or regulation
  • Infringes on intellectual property rights of others
  • Contains hateful, violent, or discriminatory material
  • Includes sexually explicit content not properly marked as adult content
  • Contains personal or private information of others without consent
  • Promotes illegal activities
  • Is false, misleading, or deceptive
  • Exploits or harms minors
  • Contains viruses or malicious code

5.3 Content Moderation

We reserve the right to remove any content that violates these Terms or that we find objectionable. We may suspend or terminate accounts that repeatedly violate these Terms.

6. INTELLECTUAL PROPERTY

6.1 NoirTube Content

All content provided by NoirTube, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is owned by UNMUTEDCO LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing
  • Contact information for the complainant
  • A statement that the complainant has a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner

Submit copyright infringement claims to: [email protected]

7. COMMUNITY GUIDELINES

7.1 Respectful Behavior

You agree to interact with other users in a respectful manner. Harassment, hate speech, bullying, and threatening behavior are prohibited.

7.2 Authentic Identity

You agree not to impersonate others or create misleading accounts.

7.3 Spam and Manipulation

You agree not to engage in spamming, phishing, or manipulating platform metrics.

8. THIRD-PARTY LINKS AND SERVICES

The Platform may contain links to third-party websites or services not owned or controlled by NoirTube. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that NoirTube shall not be responsible or liable for any damage or loss caused by the use of such third-party websites or services.

9. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOIRTUBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL NOIRTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF THE PLATFORM OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NoirTube, its affiliates, officers, directors, employees, consultants, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.

12. TERMINATION

We reserve the right to suspend or terminate your account and access to the Platform at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Platform will immediately cease.

13. GOVERNING LAW

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

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before filing a claim against NoirTube, you agree to attempt to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you through email.

14.2 Arbitration

If we cannot resolve a dispute informally, you and NoirTube agree to resolve any claims related to these Terms or the Platform through final and binding arbitration, except as set forth below. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

14.3 Exceptions

The arbitration agreement does not apply to claims that may be brought in small claims court or claims of intellectual property infringement.

14.4 Class Action Waiver

You agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and NoirTube regarding the Platform and supersede any prior agreements.

15.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

15.4 Assignment

You may not assign or transfer these Terms without NoirTube's prior written consent, but NoirTube may assign or transfer these Terms without your consent.

16. CONTACT INFORMATION

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

UNMUTEDCO LLC
155 Water Street
Brooklyn, NY 11201
Phone: 888-645-4640
Email: [email protected]