Terms and Conditions

You will find the general terms and conditions of use in this document. Sections are included for both Members and Authors respectively. Please read this carefully before using the site.

Terms and Conditions

Terms and Conditions for Free Members

Please read these terms and conditions carefully. By accessing this website or any aspect or service through this website, you agree to be bound by the terms and conditions below.

1. DEFINITIONS

1.1. ATube means Automationtube (Pty) Limited, a company duly registered and incorporated in accordance with the company laws of the Republic of South Africa, having registration number K2016/129739;

1.2. The parties means ATube and the member referred to jointly herein.

1.3. The member means you as an interested and intended user of the video, audio, source code or visual footage (“video”) available to you on the site.

1.4. The site means the one website established by ATube for the provision of educational video or visual material to members or users of the site.

1.5. Source Code means any collection of competing instructions (possibly with comments, writing, using some human readable computer language, usually as text).

2. BINDING EFFECT AND TERM

2.1. The parties record that these terms and conditions can be viewed on the site (https://www.automationtube.com) at the link marked “terms and conditions” located in the footer.

2.2. The member will by conduct confirm acceptance of these terms and conditions and so be deemed to have perused and understood all of these terms and conditions and agreed to same upon the member utilising the site.

2.3. ATube may at any time amend these terms and conditions subject only to notification to the member to this effect.

2.4. This agreement will continue as binding upon both parties indefinitely.

3. MEMBERSHIP

3.1. Before the member is entitled to make use of any educational services available on the site, a membership fee of an amount of US$0.00 or US$4.97 for Free or Gold membership respectively or an equivalent amount in any other currency must be paid to ATube.

3.2. Upon payment and receipt of same, ATube will register the member as a member on the site.

3.3. At such time the member will be entitled to pay and deposit funds by way of PayPal to ATube as a credit designated for tokens, which tokens is non-refundable and one token equals one US$.

3.4. The member shall then be entitled from time to time to utilise the value of tokens to pay for and access educational video on the site.

4. TERMS OF USE

4.1. All payments made by the member to ATube are non-refundable after the 7 day money back guarantee period.

4.2. The member acknowledges that he/she utilises the video available to the member on the site entirely at the member’s own risk and the member waives any entitlement to any form of claim or remedy against ATube or its subsidiaries should the member claim or have suffered any loss or damage arising from utilisation of the site.

4.3. Prospective members are entitled to utilise and view a specimen or sample of the educational material on site.

4.4. All of the intellectual property and material on the site is owned by ATube and the member shall not be entitled to misuse, disseminate or otherwise take advantage of such material for its own purposes or those of third parties.

5. GENERAL

5.1. This agreement and all transactions between ATube and the member shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.

5.2. This agreement constitutes the entire agreement between the parties relating to the subject matter hereof. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein. The member acknowledges that it is aware that ATube’s staff have no authority to vary these terms and conditions and ATube assumes no liability and shall not be bound by any statements, warranties or representations made by such staff save as expressly stated in writing and signed by a Director of ATube.

5.3. No indulgence or extension of time which either party may grant to the other shall constitute a waiver of, whether by estoppel or otherwise nor limit any of the existing or future rights of the grantor hereof, save and in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.

5.4. Without prejudice to any other provision of these terms and conditions, any successor in title, including any executor, heir, liquidator, judicial manager, curator or trustee of any party, shall be bound by the agreement.

5.5. Each provision of this agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.

Terms and Conditions for Authors

Please read these terms and conditions carefully. By accessing this website or any aspect or service through this website, you agree to be bound by the terms and conditions below.

1. DEFINITIONS

1.1. ATube means Automationtube (Pty) Limited, a company duly registered and incorporated in accordance with the company laws of the Republic of South Africa, having registration number K2016/129739;

1.2. The parties means ATube and the author referred to jointly herein.

1.3. The author means yourself as a contributor or potential contributor of video, source code or visual educational material to ATube.

1.4. The site means the website established by ATube for the provision of educational video or visual material to members or users of the site.

1.5. Source Code means any collection of competing instructions (possibly with comments, writing, using some human readable computer language, usually as text).

2. BINDING EFFECT AND TERM

2.1. The parties record that these terms and conditions can be viewed on the site (https://www.automationtube.com) at the link marked “terms and conditions” located in the footer.

2.2. The author will by conduct confirm acceptance of these terms and conditions and so be deemed to have perused and understood all of these terms and conditions and agreed to same upon the author utilising the site.

2.3. ATube may at any time amend these terms and conditions subject only to notification to the author to this effect.

2.4. This agreement will continue as binding upon both parties indefinitely.

3. RECORDAL

3.1. The site is established to provide educational video, audio and visual educational or instructive material (“video”) (together with the source code thereof) to users or members thereof.

3.2. The author is entitled to submit video (and/or source code and programming) to ATube for inclusion and use on the site and selling of the material to members of the ATube site.

3.3. The submission of video by the author to ATube as aforesaid shall be subject to the terms and conditions contained herein.

4. MEMBERSHIP AND FEE

4.1. Before being entitled to submit and publish any video on the site, the author is obliged to become a member of the site and to pay the belowmentioned membership fee.

4.2. An upfront membership fee in an amount of US$ 9.97 or an alternative amount equivalent thereto in an another applicable currency is payable upon submission of the first video.

4.3. An annual membership fee is payable by the author to ATube on each consecutive year in the same amount subject to ATube’s annual increase of same, failing which the author won’t be entitled to commission for the period which his/her subscription and membership fees are not paid up to date.

4.4. The commission in terms of the videos sold on behalf of the author on ATube will be split on a 60% basis to the author and 40% to ATube which will be paid to the author on a monthly basis should any income be generated from the author’s video for that specific month.

4.5. The membership and subscription fee paid is non-refundable or exchangeable for tokens.

5. SUBMISSION OF VIDEO AND CONTENT

5.1. The parties acknowledge that in submitting video to ATube the author acknowledges that ATube shall have a complete discretion to reject, edit or utilise video on the site.

5.2. The author specifically acknowledges that as soon as video has been submitted to ATube the author has no right to reclaim, recover or seek the return of video from ATube.

5.3. In addition, the author will have no right to instruct ATube to edit, delete, return or otherwise amend or alter video once submitted.

5.4. Notwithstanding the above, copyright in and to the video will remain vested with the author subject to the license set out below.

5.5. The author warrants and acknowledges that, in submitting video (and/or source code), he or she has not breached any copyright or any third party’s intellectual property rights in and to the video or any aspect contained therein including the source code and programming thereof.

5.6. Furthermore, the author acknowledges that the content of video submitted by him / her will not contravene or infringe upon the rights of any third party and that all material contained on the video is ethical, moral and lawful.

5.7. In the event of any third party making a claim against ATube for offensive material contained in video submitted by the author, the author will be liable to indemnify ATube in full for any loss or damage suffered by ATube in consequence of such a claim.

5.8. It is recommended that the video should not be less than 5 minutes nor more than 15 minutes in total and must have a quality quotient of 720p.

6. LICENSE AND COPYRIGHT

6.1. Upon submission of video and/or source code, any material of any sort uploaded, the author confers upon ATube a worldwide, non-exclusive, royalty free, unlimited and transferable license to use, reproduce, distribute, prepare derivative works of, display and/or perform the content contained in video within ATube’s entire discretion indefinitely.

6.2. The author further acknowledges that he/she will not have the right to seek return of the video as set out above.

6.3. The author agrees that ATube shall be entitled to price and make the video available to members of the ATube site and other users at a price and on terms and conditions entirely within ATube’s discretion.

7. TERMINATION OF MEMBERSHIP

7.1. ATube shall be entitled to terminate the author’s membership immediately in the event of the author contravening any of the terms and conditions contained herein.

7.2. The author shall be entitled to terminate its membership with ATube by cancellation of its subscription at PayPal.

7.3. Notwithstanding such termination, all video already submitted to ATube will remain in the possession of ATube as will the license in and to such video on the terms and conditions set out above.

8. GENERAL

8.1. This agreement and all transactions between ATube and the author shall be governed by and decided upon in accordance with the laws of the Republic of South Africa.

8.2. This agreement constitutes the entire agreement between the parties relating to the subject matter hereof. No party shall be entitled to rely upon any term, warranty, guarantee, condition or representation, unless it is contained herein. The author acknowledges that it is aware that ATube’s staff have no authority to vary these terms and conditions and ATube assumes no liability and shall not be bound by any statements, warranties or representations made by such staff save as expressly stated in writing and signed by a Director of ATube.

8.3. No indulgence or extension of time which either party may grant to the other shall constitute a waiver of, whether by estoppel or otherwise nor limit any of the existing or future rights of the grantor hereof, save and in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.

8.4. Without prejudice to any other provision of these terms and conditions, any successor in title, including any executor, heir, liquidator, judicial manager, curator or trustee of any party, shall be bound by the agreement.

8.5. Each provision of this agreement is severable, the one from the other. If any provision is found to be defective, unlawful or unenforceable for any reason, the remaining provisions shall continue to be of full force and effect.