Terms of Service PB Web Media B.V.

Version: 1.1
Date: 16-01-2024

These terms of service are applicable when you use, access or visit the services provided via lobstertube.com (“hereinafter, the “Website”) operated by PB Web Media. Please read these terms of service carefully as they form an agreement between you and PB Web Media B.V., located in Haarlem, the Netherlands, registered with the Chamber of Commerce under number 52636453 (“PB Web Media”).

PB Web Media B.V. is the operator of this website. When the terms “the Website” or “Website” are used, these terms refer to this website, any predecessor or successor domain or URL of this website, along with any website published by PB Web Media, unless a site is specifically exempt from this agreement.

These terms of service apply to all users of the Website and/or Services (collectively "you", “your”, "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.

• ARTICLE 1. DEFINITIONS

  The capitalized words in these terms of service have the meaning set out below, unless a (different) meaning is assigned elsewhere in these terms of service.

  • 1.1. Content Previews: the thumbnails and any related metadata (such as, but not limited to, URLs, titles, tags, etc.) provided by Clients to PB Web Media and which will be placed and listed on PB Web Media’s sites.
  • 1.2. Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain name rights, trademark rights, brand rights, model rights, neighbouring rights, patent rights and rights to know-how.
  • 1.3. License: a right to use the Website, Materials, and the Services contained therein.
  • 1.4. Terms of service or ToS: these terms of service from PB Web Media under which the Website is provided
  • 1.5. Materials: Website(s) of PB Web Media and the Services it provides, may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by PB Web Media.
  • 1.6. Services: the services the Website provides.
  • 1.7. User(s): the user of the Website and/or Services.
• ARTICLE 2. CONSIDERATIONS REGARDING MINORS
  • 2.1. In order to use the Website or any Services provided by PB Web Media, you must have attained the age of majority in your jurisdiction. You affirm that you are at least eighteen (18) years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to be bound by these ToS. If you are not at least eighteen (18) years of age, depending on the age of majority in your jurisdiction, please do not use this Website.
  • 2.2. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
  • 2.3. You agree that you will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that you will take all precautions to keep Materials from being viewed by minors. You additionally acknowledge that if you are a parent, it is your responsibility, and not from PB Web Media, to keep any age-restricted content from being displayed to your children or wards.
  • 2.4. PB Web Media has absolutely zero tolerance for websites or content containing (or promoting) child sexual abuse material (CSAM) or child sexual exploitation material (CSEM).
  • 2.5. In order to further the zero-tolerance policy of PB Web Media, you agree that you will report any images, real or simulated, that appear to depict minors on the Website. If you become aware of any such content, you agree to report that in accordance with our Notice and Action Policy.
• ARTICLE 3. USE OF THE SERVICE
  • 3.1. The Website contains advertisements, communications, and links posted by independent third parties that are not owned or controlled by the Website or its operator and with which there is not necessarily any direct association.
  • 3.2. The Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites. In addition, the Website will not and cannot censor or edit the content of any third-party site. PB Web Media does not get involved in any disputes that may develop between advertisers and others, and PB Web Media does not facilitate communication between third parties. Therefore, you are urged to use your own good judgment and common sense when dealing with such advertisements, as PB Web Media is not responsible for any interactions occurring between Users and advertisers.
  • 3.3. By law, sites from PB Web Media are protected from civil claims, so PB Web Media encourages you to independently research any information found in advertisements, before making any decisions.
  • 3.4. All Users may access the public areas of the Website. You understand that all PB Web Media is providing you is access to the Services of PB Web Media. You need to provide your own access to the Internet, and any Internet access or other fees that you incur to access the Website and use the Services are your sole responsibility. PB Web Media is not providing any hardware nor software to you – and you need to purchase or license the necessary hardware and software to access the Website and Services. The ToS covers all areas of the Website.
• ARTICLE 4. LICENSE GRANT
  • 4.1. Subject to your acceptance of the ToS, PB Web Media hereby grants you a limited, non-exclusive, non-transferable personal and revokable License to access and use the Website, Materials, and the Services contained therein. PB Web Media may revoke the License at any time and/or may terminate the provision of the Service at any time.
  • 4.2. All Materials and Services available on the Website shall be for private non-commercial use only, and all other uses are strictly prohibited, unless consented to by PB Web Media. If you are a business entity or commercial concern, your presence on the Website is not allowed unless it is expressly authorised in writing by PB Web Media. PB Web Media reserves the right to pursue vigorous legal action against unauthorised login by business and commercial entities.
  • 4.3. PB Web Media reserves the right to limit the amount of Materials viewed. You agree to prevent any unauthorised copying of the Website, or any of the Materials contained therein. Any unauthorised use of the Website or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Website for its intended purpose and is not a transfer of title.
  • 4.4. Notwithstanding anything stated to the contrary in these ToS, you are expressly not permitted to access all or any part of the Website and/or documentation in order to build a product or service which competes with the Website.
• ARTICLE 5. TERMS OF USE
  • 5.1. By accessing the Website, you certify that:
    • you are using the Website solely for personal, non-commercial purposes;
    • you will not copy or distribute any part of the Website without prior written consent of PB Web Media;
    • you will fully comply with these ToS;
    • you are over eighteen (18) years of age.
  • 5.2. Without the express prior written authorization of PB Web Media, you may not:
    • interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks or third-party providers connected to, or providing the Website;
    • intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
    • duplicate any part of the Website or the Materials contained therein or received via the Services (except as expressly provided elsewhere);
    • create any derivative works based on the Website or any of the Materials contained therein or received via the Services;
    • use the Website or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental;
    • re-distribute or "scrape" the Website or any of the Materials contained therein or received through the Services;
    • remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
    • frame or utilize any framing techniques in connection with the Website or any of the Materials contained therein;
    • circumvent any encryption or other security tools used anywhere on the Website or in conjunction with the Services (including the theft of usernames and passwords or using another person's username and password in order to gain access to a restricted area of the Website);
    • sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third-party the Materials or Services or any of your rights to access and use the Materials or Services as granted specifically by the ToS;
    • use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    • download any file that you know, or reasonably should know, cannot be legally distributed in such manner;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • restrict or inhibit any other user from using and enjoying the Services;
    • post advertisements or solicitations of business;
    • harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information or personal data;
    • violate any applicable laws, policies, or regulations.
  • 5.3. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Materials or any other materials from the Website of PB Web Media.
  • 5.4. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Website or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website or any communications on it.
  • 5.5. PB Web Media monitors and removes content that violates the Acceptable Content Policy and applicable laws. If you believe that any content on the Website violates our Acceptable Content Policy or applicable laws, please let us know in accordance with our Notice and Action Policy. For more insight on how PB Web Media moderates content, see our Transparency Report.
• ARTICLE 6. REPEAT INFRINGEMENT POLICY
  • 6.1. If User frequently files manifestly unfounded notices or complaints, PB Web Media has the right to (temporarily) suspend User from filing more notices or complaints.
  • 6.2. PB Web Media will notify User when it becomes aware of a manifestly unfounded notice or complaint filed by User. After the notification, User has two weeks to detest PB Web Media’s assessment by providing proof the notice isn’t manifestly unfounded. If User does not detest PB Web Media’s assessment or fails, in PB Web Media’s discretion, to provide convincing evidence PB Web Media’s assessment is false, the notification will count as a manifestly unfounded notice.
  • 6.3. The following criteria will be taken into account when assessing whether User frequently files a manifestly unfounded notice:
    • the severity of the notice;
    • the number of manifestly unfounded notices.
  • 6.4. Through a written and reasoned notice PB Web Media will notify User about a (temporarily) suspension. Depending on the number of times User has been suspended, the duration of the suspension is as follows:
    • suspended for 1 month;
    • suspended for 3 months;
    • suspended for 1 year.
• ARTICLE 7. RANKING
  • 7.1. The Content Previews that are shown on the Website, are ranked and made searchable to optimize the likelihood that User will discover content that they wish to see.
  • 7.2. The ranking of Content Previews on the Website is based on several factors. The factors that will usually affect the ranking the most are:
    • a bidding system: where clients have the flexibility to determine the rates for our traffic services. Opting for a higher rate (or lower rate) can impact the ranking of the Content Previews;
    • quality of Content Previews: higher quality makes it more likely to receive more clicks from Users, thus making the Content Preview more popular and rank higher.
  • 7.3. Other factors that affect the ranking relatively less include among others:
    • rating: Users can influence the ranking by rating the content, such as giving certain content a negative rating or by providing feedback.
    • the IP address of the User: for example, the list of categories is optimized depending on the IP address from which User requests access to the Website. This IP address can belong to a block that is related to the country the User resides in, or to a block that is used by a VPN service that facilitates a more anonymous experience for the User;
    • the browser language: for example, the list of categories is optimized based on the language the User has set in their browser.
    • orientation setting: if the User can set the orientation option to certain presets such as gay, transgender, and/or straight, this influences for example the list of categories.
  • 7.4. It is the combination of the above and other factors that determines the ranking. Therefore, the ranking may differ per User, whereas PB Web Media makes no distinction in this regard. In addition, all Content Previews are accessible to all Users via the search feature on the Website.
• ARTICLE 8. AVAILABILITY AND MAINTENANCE
  • 8.1. PB Web Media makes no promises regarding availability of the Services.
  • 8.2. PB Web Media actively maintains Website. Maintenance can take place at any time, even if this may negatively impact the availability of the Services. In this case, maintenance is announced in advance whenever possible.
  • 8.3. PB Web Media may from time to time adapt add or change functionalities of the Website. Your feedback and suggestions are welcome but ultimately PB Web Media decides which adaptations to carry out (or not).
  • 8.4. If in PB Web Media’s opinion nuisance, damage or other danger arises for the systems or network of PB Web Media or third parties, for example as a result of a (d)dos attack or security breach, PB Web Media is entitled to take all measures necessary to avert this damage or danger. This may result in temporary unavailability of the Website.
• ARTICLE 9. INTELLECTUAL PROPERTY
  • 9.1. The service provided on Website as well as all information and Content Previews on the Website is the intellectual property of PB Web Media. None of these items may be copied or used without prior written permission of PB Web Media, except and to the extent permitted by mandatory law.
  • 9.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). PB Web Media receives a limited license to use this information for the service.
  • 9.3. You can terminate the license of the previous clause by removing the information in question and/or by terminating the ToS.
  • 9.4. You may change or remove information you publish or store using the service at your own discretion.
  • 9.5. If you send information to PB Web Media, for example a bug report or suggestion for improvement, you grant PB Web Media a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
• ARTICLE 10. DATA PROTECTION AND PRIVACY
  • 10.1. PB Web Media will make every effort to secure the Website against misuse and unauthorized access.
  • 10.2. When using the Website, personal data of you will be processed. You should consult the Privacy Statement for more information in this regard.
  • 10.3. PB Web Media shall refrain from accessing personal data you store or transfer using the Website, unless this is necessary for a good provision of the service or PB Web Media is forced to do so by law or order of competent authority. In these cases, PB Web Media shall use its best efforts to limit access to the information as much as possible.
• ARTICLE 11. LIMITATION OF LIABILITY
  • 11.1. Except in case of intentional misconduct or gross negligence PB Web Media shall not be liable for the use of the service or any damages in connection therewith.
  • 11.2. PB Web Media in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
  • 11.3. Damages may only be claimed if reported in writing to PB Web Media at most two (2) months after discovery.
  • 11.4. In case of force majeure PB Web Media is never required to compensate damages suffered by you. Force majeure includes among others, disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, pandemic, company disruptions, interruptions in supply, fires and floods.
• ARTICLE 12. TERM AND TERMINATION
  • 12.1. This ToS enters into force as soon as you first use the Service and then remains in force until terminated.
• ARTICLE 13. CHANGES TO THE TERMS OF SERVICE
  • 13.1. PB Web Media reserves the right to amend these ToS at any time and without notice, and it is your responsibility to review these ToS for any changes.
  • 13.2. If PB Web Media changes anything in this agreement, PB Web Media will change the “last modified” date at the top of the ToS.
  • 13.3. Your use of the Website following any amendment of these ToS will signify your assent to and acceptance of its revised terms.
  • 13.4. The updated version of the ToS supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect.
• ARTICLE 14. MISCELLANEOUS PROVISIONS
  • 14.1. Dutch law applies to these ToS.
  • 14.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Website shall be brought before the competent Dutch court for the principal place of business of PB Web Media.
  • 14.3. For any clause in these ToS that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Website shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
  • 14.4. The version of any communication of information as recorded by PB Web Media shall be deemed to be authentic, unless you supply proof to the contrary.
  • 14.5. In case any part of these ToS is declared legally invalid, this shall not affect the validity of the whole of the ToS. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
  • 14.6. PB Web Media is entitled to transfer its rights and obligations under this ToS to a third party as part of an acquisition of Website or the associated business activities.