Welcome to MBAtube.com! Thank you for using our website, video platform, products and/or services (‘Services’). The Services are provided by MBAtube.com, with its offices at Singel 92 C, 1015 AD Amsterdam, the Netherlands.

Our terms of use include the terms and conditions below, our privacy policy which can be found at mbatube.com/page/privacy-policy (‘Privacy Policy’) and our cookie policy which can be found at mbatube.com/page/cookies (‘Cookie Policy’) (collectively ‘Terms of Use’). The Terms of Use constitute a legally binding contract between MBAtube.com and you as a natural person and apply to your use of our Services. Therefore we ask you to read the Terms of Use carefully.

1. Applicable terms and conditions

1.1 The Terms of Use govern the use of our Services.

1.2 In addition to the Terms of Use specific terms and conditions may apply to certain Services (‘Additional Terms’). Such Additional Terms will be available with the relevant Services and will become part of your agreement with MBAtube.com if you use those Services. To the extent that there is a conflict between the Terms of Use and any Additional Terms, the Additional Terms shall precede.

1.3 By using our Services you accept and agree to the Terms of Use and the applicable Additional Terms.

1.4 MBAtube.com may, from time to time, modify the Terms of Use and Additional Terms. Revisions of the Terms of Use will be published on this page of our website. Revisions of Additional Terms will be published with the relevant Services. All revisions shall be effective immediately from the moment such revisions have been published. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

1.5 You may only use our Services if (i) you are of legal age to form a binding contract with MBAtube.com or, if such is not the case, (ii) your parent or guardian has agreed on your behalf to the (revised) Terms of Use and Additional Terms.

2. Term and termination

2.1 The Terms of Use, and any Additional Terms, shall remain in full force and effect until terminated either by you or MBAtube.com as described below.

2.2 You may terminate your contract with MBAtube.com at any time, for any reason. You may do so by (i) stop using the Services and, if applicable, (ii) closing your account with MBAtube.com (‘Account’).

2.3 MBAtube.com may (partially) terminate your use of the Services and its contract with you at any time and with or without prior notice or explanation, if:

a. you have breached any provision of the Terms of Use or the Additional

Terms of MBAtube.com suspects you thereof;

b. you have engaged in illegal or improper use of the Services or

MBAtube.com suspects you thereof;

c. MBAtube.com is required to do so by law;

d. MBAtube.com decides to cease providing the Service; or

e. providing the Service to you is, in MBAtube.com’s opinion, no longer

commercially viable.

2.4 Only in case of each of clause 2.3d and 2.3e shall MBAtube.com, where possible, give reasonable notice of such termination.

2.5 All forms of termination by you or MBAtube.com will be without compensation by MBAtube.com and without liability or obligation to you.

2.6 Termination of your contract will not discharge you from obligations which, by their nature, are intended to continue in force thereafter. These obligations include in any event any indemnifications, warranties and limitations and the provisions on intellectual property rights, disputes and the applicable law.

3. Account

3.1 In order to use certain Services you may need an Account. When creating the Account, you must provide true, accurate and complete information. You agree that you will keep all information up-to-date.

3.2 You are responsible for maintaining the strict confidentiality of the username and password combination of the Account. You are solely responsible to MBAtube.com and to third parties for all activity, authorized and unauthorized, that occurs under the Account for which you have the username and password combination.

3.3 MBAtube.com reserves the right to deny you access to and use of the Account if MBAtube.com, for whatever reason, questions the identity of the person trying to access any Account or Service.

4. Use of the Services

4.1 You agree that you will comply with the Terms of Use and any applicable Additional Terms, at all times during your use of the Services. You agree that you are solely responsible for any breach of your obligations under the Terms of Use and Additional Terms and for the consequences of such breach, including any loss or damage, which MBAtube.com may suffer.

4.2 The following restrictions apply to your use of the Services:

a. you may not alter, modify, disrupt, impair or interfere, directly or

indirectly, with any part of the Services;

b. you may not impersonate any person or entity or falsely state or

otherwise represent your affiliation with a person or entity, transmit

or otherwise make available on, through, or in connection with the

Services false or misleading indications of origin, information or

statements of fact;

c. you may not collect any personal data of any user of the Services

without our prior approval;

d. you may not copy, reproduce, transmit, broadcast, display, sell,

license or otherwise exploit any part of the Services, including but

not limited to the text, comments, reviews, links, playlists, graphics,

photos, sounds, videos and other materials and information you

may view on or access through the Services (‘Content’), without

prior written approval from MBAtube.com or the licensors of the

Content;

e. you may not distribute in any medium any part of the Services,

including but not limited to Content, without prior written approval

from MBAtube.com or the licensors of the Content, unless

MBAtube.com makes available the means for such distribution

through functionality offered by the Services;

f. you may not access the Content through any technology or means

other than the means that MBAtube.com may explicitly designate

for this purpose (e.g. MBAtube.com’s website and video platform);

g. you may not (attempt to) circumvent, disable or otherwise interfere

with any security related features of the Services or features that

restrict the use of Content;

h. you may not use the Services in a way that would violate any law

or other users’ rights.

4.3 You may only use our Services for business purposes if (i) you are a representative of an educational institution that has entered into an agreement with MBAtube.com, (ii) you comply with the terms and conditions of the agreement between MBAtube.com and the educational institution and (iii) you use our Services through the educational institution’s Account. All other use of our Services may be for non-commercial, personal purposes only.

4.4 MBAtube.com reserves the right to change the Services, for example by adding or removing functionalities or features, and to permanently or temporarily stop providing the Services, without prior notice to you.

5. Privacy

5.1 Our Privacy Policy can be found at MBAtube.com/page/privacy-policy. You are encouraged to read the Privacy Policy as it explains you how MBAtube.com treats your personal data and protects your privacy when you use the Services.

6. User Postings

6.1 As a holder of an Account you may submit text, comments, reviews, links, playlists, graphics, photos, sounds, videos and other materials and information via the Services (‘User Postings’).

6.2 You understand and agree that you are solely responsible for your own User Postings and the consequences of submitting them, as are other users for their User Postings. User Postings do not reflect the views of MBAtube.com, nor does MBAtube.com endorse any User Postings or any information contained therein. MBAtube.com expressly disclaims any and all liability in connection with User Postings.

6.3 You hereby waive any legal rights or remedies you (may) have against MBAtube.com with respect to Content that is in any way objectionable to you, including but not limited to User Postings from other users which are inaccurate, offensive or indecent to you.

6.4 You may not submit User Postings that are violating any law, the Terms of Use and/or any applicable Additional Terms.

6.5 MBAtube.com has the right, but not the obligation, to review User Postings in order to determine whether such User Postings are illegal or in violation of the Terms of Use and/or any applicable Additional Terms. MBAtube.com may remove, edit or reject a User Posting, without notice to you and at its sole discretion, if MBAtube.com believes that such User Posting is (potentially) in violation of any law, the Terms of Use or any applicable Additional Terms or (potentially) contrary to MBAtube.com’s commercial interests.

7. Proprietary rights

7.1   You retain ownership of any intellectual property rights that you hold in your User Postings. By submitting User Postings you do however grant:

a.   to MBAtube.com, a worldwide, irrevocable, non-exclusive,
royalty-free, transferable, perpetual and in all other ways
unrestricted license to use, reproduce, distribute, prepare
derivative works of, modify, perform, display, publish and
otherwise exploit all or any portion of the User Postings in
connection with the Services and otherwise in connection with
MBAtube.com’s business, including without limitation for
promoting the Services. The license includes the right for
MBAtube.com to grant sub-licenses others to the same extent;
b. to other users of the Services, a worldwide, irrevocable, non-exclusive,
royalty-free, perpetual license to access your User Postings through
the Services and to use your User Postings to the extent permitted by
the functionality of the Services and under these Terms of Use and any
applicable Additional Terms.

7.2   You represent and warrant that you have all necessary rights, licenses, permissions and consents which are required to enable MBAtube.com to use your User Postings for the purposes of providing the Services.

7.3   You agree that the User Postings you submit will not contain any material that is subject to third party proprietary rights, including but not limited to third party copyright, rights of privacy or rights of publicity, unless you have the right, license, permission or consent from the rightful owner to do so and to grant the MBAtube.com and the other users of the Services the license described in clause 7.1.

7.4   Using our Services does not give you ownership of any intellectual property rights in our Services or the Content. With the exception of User Postings submitted by you, all other Content which is available through the Services is either owned by or licensed to MBAtube.com, and is subject to intellectual property rights of MBAtube.com or MBAtube.com’s licensors. The restrictions mentioned in clause 4.2d expressly apply to such Content. MBAtube.com and its licensors reserve all rights not expressly granted in and to their Content.

7.5   Any third party trade or service marks present on Content which was not submitted by you are trade or service marks of MBAtube.com or MBAtube.com’s licensors. You agree to refrain from using, altering or deleting such trade and service marks.

8. Notification of breaches

8.1   You must notify MBAtube.com immediately of any breach of the Terms of Use and/or any applicable Additional Terms of which you become aware, including but not limited to:

a.   a breach of security or unauthorized use of the Account;
   b. a breach of the Privacy Policy;
c. a breach of your or others’ copyrights.

9. Third Party Services

9.1    Some of the Services may interoperate with and/or contain hyperlinks to platforms, websites and services owned and/or operated by third parties (‘Third Party Services’). MBAtube.com does not verify, has no control over, and assumes no responsibility for the content, privacy policies or practices of the third parties owning and/or operating the Third Party Services. MBAtube.com does not assume any liability for any loss or damage, which you may incur by using or in relation to Third Party Services.

9.2   Our Services may require that you be a registered member of a Third Party Services, e.g. Facebook or LinkedIn, and provide certain account credentials and other information in order to access the Services of MBAtube.com. Such Third Party Services may provide us with information about you, e.g. your email address, legal name, country of residence, location, date of birth and preferences and usage data, all as more fully described in our Privacy Policy and the terms and conditions of the relevant Third Party Services.

9.3   You understand that Third Party Services may collect personal information from you when you use Third Party Services through our Services.

9.4   You agree that MBAtube.com is not responsible for the availability of Third Party Services and does not endorse any information, products and/or materials, which are available through Third Party Services, including but not limited to advertisements.

9.5   MBAtube.com encourages you to be aware when using Third Party Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

10. Exclusion of warranties

10.1 The Services are provided ‘as is’.

10.2 You acknowledge and agree that, to the fullest extent permissible by law, MBAtube.com nor its partners (e.g. suppliers, licensors, distributors) make any warranty or representation to you with respect to the Services. In particular MBAtube.com does not warrant or represent to you that:

a. your use of the Services will meet your requirements;
b.   the Services will provided uninterrupted, timely, secure or
free from errors;
c. any information obtained by you by using the Services is
accurate or reliable; and
d. defects in the operation of the Services or functionality
offered by the Services will be corrected.

11. Limitation of liability

11.1 You acknowledge and agree that, to the fullest extent permissible by law, MBAtube.com shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from using the Services or from the Terms of Use and the Additional Terms. In particular MBAtube.com excludes it’s liability for (i) any indirect or consequential losses which you may incur, including but not limited to loss of profit, loss of goodwill, loss of opportunity and loss of data, and (ii) any loss or damage which you may incur as a result of:

a.   any interruption of or errors in the Services;
b.   defects in the operation of the Services or functionality
offered by the Services;
   c.   your use of Third Party Services;
d. any reliance you placed on the completeness, accuracy
or existence of any advertising on the Services;
e. changes MBAtube.com may make to the Services;
f.    your failure to keep the username and password
combination of the Account confidential.

11.2 The limitations on MBAtube.com’s liability to you as described in clause 11.1 apply whether or not MBAtube.com has been advised of or should have been aware of the possibility of any such losses or damages arising.

11.3 You agree to indemnify and hold MBAtube.com and its partners (e.g. suppliers, licensors, distributors) harmless from any and all claims, liabilities, losses, damages, costs and expenses in connection with or arising from (i) your use of the Services, (ii) your failure to comply with the Terms of Use and the applicable Additional Terms or (iii) your User Postings.

12. Miscellaneous

12.1 The Services, Terms of Use, the Additional Terms and your legal relationship with MBAtube.com, shall be governed by the laws of the Netherlands. You agree that any legal matter between MBAtube.com and you about or in connection with the Services, the Terms of Use or the Additional Terms will be submitted to the exclusive jurisdiction of the courts of the Netherlands. Furthermore you agree that MBAtube.com shall still be entitled to apply for injunctive remedies in any jurisdiction.

12.2 If a particular term of the Terms of Use or Additional Terms is ruled by a court of law to invalid or unenforceable, the other terms will remain unaffected and will continue to be valid and enforceable.

12.3 You agree that if MBAtube.com does not exercise or enforce any legal right or remedy it has, this does not mean that MBAtube.com waives such right or remedy.

12.4 The Terms of Use and Additional Terms do not create third party beneficiary rights.

12.5 The rights and obligations under the Terms of Use and Additional Terms may not be transferred or assigned by you, but may be transferred or assigned by MBAtube.com without restriction and without notice to you.

12.6 You agree that MBAtube.com may send you service announcements, administrative messages and other information in connection with your use of the Services.

The Terms of Use has been modified last on 21-05-2018.

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