This document was last modified on: 4 January 2024
ARTICLE 1. DEFINITIONS
- 1.1. Client: any legal entity or natural person acting in the course of a profession or business that or who created an account on the Website.
- 1.2. Client Data: the data processed by Client or its authorized Users using the feed processor.
- 1.3. Content Previews: the thumbnails and any related metadata (such as, but not limited to, URLs, titles, tags, etc.) provided by Client to PB Web Media and which will be placed and listed on PB Web Media’s sites.
- 1.4. 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.
- 1.5. License: a right to use the Web Application as made available at any time by PB Web Media in its sole discretion.
- 1.6. PB Web Media: the private company PB Web Media B.V. located at the Wagenweg 40 in Haarlem and registered with the Dutch Chamber of Commerce under number 52636453.
- 1.8. Traffic Services: the traffic services provided by PB Web Media to Client.
- 1.9. Traffic Services Agreement: the agreement between Client and PB Web Media pursuant to which Client may purchase the Traffic Services provided by PB Web Media.
- 1.10. User: any natural person using the Web Application who has been designated by Client (such as an employee).
- 1.11. Web Application: the web application built by PB Web Media to allow Clients to purchase and use the Traffic Services.
- 1.12. Website: PB Web Media’s website tubetraffic.com, including all (sub)domains and extensions.
ARTICLE 2. USE OF THE SERVICE AND ACCOUNT
- 2.1. The Web Application allows Client to purchase the Traffic Services provided by PB Web Media, for which Client and PB Web Media will enter into a separate Traffic Services Agreement.
- 2.2. Before you can use the Web Application, Client will need to create an account through the registration form available on the Website. Client can add Content Previews by entering feed(s) into the application. That way PB Web Media can send traffic to Client’s content.
- 2.3. The Client is responsible for ensuring that login details are treated confidentially. All actions that are carried out via an account will be at the Client’s expense and risk. PB Web Media may assume that these actions have been carried out by the Client itself or with the Client’s consent. This means Client is liable for these actions, unless and until Client has notified PB Web Media that an account is being misused.
- 2.4. The rights provided under this Clause 2 are granted to Client only and shall not be considered granted to any subsidiary or holding company of Client, unless expressly agreed otherwise.
ARTICLE 3. LICENSE GRANT
- 3.1. PB Web Media hereby grants Client a non-exclusive, non-transferable and revokable License to use the Web Application in accordance with these ToU. PB Web Media may revoke the License at any time and/or may terminate the provision of the Web Application at any time.
- 3.2. Notwithstanding anything stated to the contrary in these ToU, Client is expressly not permitted to access all or any part of the Web Application and/or documentation in order to build a product or service which competes with the Web Application.
- 3.3. The rights provided under this Clause 3 are granted to Client only and shall not be considered granted to any subsidiary or holding company of Client, unless expressly agreed otherwise.
ARTICLE 4. ACCEPTABLE USE AND ENFORCEMENT
- 4.1. 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).
- 4.2. Client will act in accordance with our Acceptable Content Policy, which are part of these ToU.
- 4.3. Client shall:
- provide PB Web Media with the information and co-operation reasonably necessary to properly comply with these ToU and applicable laws;
- comply with all applicable laws and regulations when using the Web Application;
- ensure that its network and systems comply with the relevant specifications provided by PB Web Media.
- 4.4. Client will refrain from obstructing other clients or internet users or inflicting damage to the Web Application. Client is prohibited from starting up processes or programs via the Web Application or otherwise of which Client is aware or can reasonably assume that such processes or programs will obstruct or inflict damage on PB Web Media, other clients, or internet users.
- 4.5. Client is responsible for ensuring that any Users that make use of the Web Application comply with these ToU. When creating an account, all Users are required to accept the aforementioned ToU.
- 4.6. PB Web Media monitors content that Clients and/or Users enter into the Web Application, by both automated and manual checks. Before content is placed, the entered username and certain textual metadata are checked automatically whether they contain a previously banned username of a specific site or terms that are on PB Web Media’s banned terms list (e.g. “drunk”). In addition, thumbnail hashes are created and checked against certain previously blocked hashes based on laws and regulations, and our Acceptable Content Policy. In doing so, PB Web Media also uses the API Instant Image Identifier of Offlimits Expertise Centre on Online Abuse which checks all available hashlists for known CSAM.
- 4.7. In addition to these technical tools, PB Web Media manually monitors and removes content that violates this ToU, the Acceptable Content Policy and applicable laws. For more insight on how PB Web Media moderates content, see our Transparency Report on the corresponding website.
- 4.8. If Client and/or authorized Users violate these ToU, the Acceptable Content Policy or applicable laws, or receives a compliant or notice about this, PB Web Media reserves the right (but has no obligation thereto), without liability or prejudice to its other rights to Client, to:
- remove or disable access to the content;
- suspend or terminate the provision of the Traffic Services, in whole or in part;
- suspend or terminate Client’s and/or the authorized User’s access to the Web Application; or
- suspend, terminate or otherwise restrict the ability to monetize content provided by Client.
- 4.9. PB Web Media shall notify Client about the decision mentioned in the previous paragraph by e-mail or via the Web Application, by including a clear and specific justification for the decision made. Client may object to this decision by filing a complaint with PB Web Media. Client also has the right to choose a certified out-of-court dispute settlement body to resolve disputes related to the decisions mentioned in the previous paragraph, or has the possibility to initiate judicial proceedings to a competent court, including complaints not resolved through the internal complaint handling system. For more information on the procedure of removing content, see our Notice and Action Policy.
- 4.10. If in the opinion of PB Web Media the continued functioning of the computer systems or network of PB Web Media or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, PB Web Media may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- 4.11. PB Web Media is at all times entitled to file a criminal complaint for any offenses committed through or using the Web Application. In addition, PB Web Media is entitled to supply the name, address, IP-address and other identifying data to a third party alleging that the Client and/or Users violate its rights, provided the applicable legal and/or judicial requirements for this have been met.
- 4.12. PB Web Media may recoup from Client all damages it suffers as a result of Client’s violation of these ToU. Client agrees and holds PB Web Media harmless from all third-party claims arising out of Client’s violation of these ToU.
ARTICLE 5. REPEAT INFRINGEMENT POLICY
- 5.1. If Client frequently shares manifestly illegal Content Previews through PB Web Media’s Traffic Service, PB Web Media has the right to suspend Client from PB Web Media’s Traffic Service.
- 5.2. PB Web Media will notify Client when it becomes aware of a manifestly illegal Content Preview shared by Client through PB Web Media’s Traffic Service. After the notification, Client has two weeks to detest PB Web Media’s assessment by providing proof the Content Preview isn’t manifestly illegal. If Client 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 Content Preview will be deemed manifestly illegal.
- 5.3. Among others, the following criteria will be taken into account when assessing whether Client frequently shares manifestly illegal Content Previews:
- the severity of the illegal Content Preview. Sharing CSAM and/or CSEM is weighed more heavily than, for example, a Content Preview that infringes someone’s intellectual property right(s);
- the number of manifestly illegal Content Previews shared (in relation to the total number of shared Content Previews) within a given time frame;
- whether Client with regard to the Content Preview(s) falls under the definition of ‘online platform’ as described in Article 3 (i) of REGULATION (EU) 2022/2065;
- whether Client intents to take effective measures.
- 5.4. If Client does not fall under the definition of ‘online platform’ as described in Article 3 (i) of REGULATION (EU) 2022/2065 and manifestly shares CSAM and/or CSEM through PB Web Media’s Traffic Service, Client will be suspended immediately without further prior warning.
- 5.5. Through a written and reasoned notice PB Web Media will notify Client about a (temporarily) suspension. Depending on the number of times Client has been suspended, the duration of the suspension is as follows:
- suspended for 1 month or until Client has taken effective measures;
- suspended for 3 months or until Client has taken effective measures;
- suspended for 1 year or until Client has taken effective measures.
ARTICLE 6. RANKING
- 6.1. The Content Previews that are shown on PB Web Media’s sites, are ranked and made searchable to optimize the likelihood that visitors will discover content that they wish to see.
- 6.2. The ranking of Content Previews on PB Web Media’s sites 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 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 visitors, thus making the Content Preview more popular and rank higher.
- 6.3. Other factors that affect the ranking relatively less include among others:
- rating: visitors 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 visitor: for example, the list of categories is optimized depending on the IP address from which the visitor requests access to any of PB Web Media’s sites. This IP address can belong to a block that is related to the country the visitor resides in, or to a block that is used by a VPN service that facilitates a more anonymous experience for the visitor;
- the browser language: for example, the list of categories is optimized based on the language the visitor has set in their browser.
- orientation setting: if the visitor can set the orientation option to certain presets such as gay, transgender, and/or straight, this influences for example the list of categories.
- 6.4. It is the combination of the above and other factors that determines the ranking. Therefore, the ranking may differ per visitor, whereas PB Web Media makes no distinction in this regard. In addition, all Content Previews are accessible to all visitors via the search feature on PB Web Media’s sites.
ARTICLE 7. AVAILABILITY AND MAINTENANCE
- 7.1. PB Web Media makes no promises regarding availability of the Web Application.
- 7.2. PB Web Media actively maintains the Web Application. Maintenance can take place at any time, even if this may negatively impact the availability of the service. In this case, maintenance is announced in advance whenever possible.
- 7.3. PB Web Media may from time to time add or change functionalities of the Web Application. Your feedback and suggestions are welcome but ultimately PB Web Media decides which functionality will be added or changed.
- 7.4. 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 Web Application.
ARTICLE 8. INTELLECTUAL PROPERTY
- 8.1. All Intellectual Property Rights to the Web Application, as well as any intellectual property rights pertaining to related materials provided by PB Web Media (such as documentation), belong solely to PB Web Media or its licensors.
- 8.2. Information Client stores or processes using the Web Application is and remains the property of Client (or the property of Client’s suppliers or licensors). PB Web Media receives a limited license to use this information for the services to Client.
- 8.3. Client can terminate the license of the previous clause by removing the information in question and/or to terminate Client’s account.
- 8.4. Client may change or remove information published or stored using the Web Application at Client’s own discretion.
- 8.5. If Client sends 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 improving the services. This does not apply to information Client expressly marks as confidential.
ARTICLE 9. USE, ACCESS AND VISIT OF THE WEBSITE AND WEB APPLICATION
- 9.1. The use of the Website and Web Application is offered completely free of charge. If Client wishes to purchase the Traffic Services from PB Web Media, Client and PB Web Media will enter into a separate Traffic Services Agreement for that purpose.
- 9.2. The Client, an authorized User or any other visitor is expressly prohibited from improperly using or abusing the Website and Web Application.
ARTICLE 10. DATA PROTECTION AND PRIVACY
- 10.1. PB Web Media will make every effort to secure the Web Application against misuse and unauthorized access to Client Data.
- 10.2. When using the Web Application, personal data of User will be processed. Users should consult the Privacy Statement for more information in this regard.
- 10.3. PB Web Media shall refrain from accessing personal data of Client or authorized Users stored or transferred by them using the Web Application, 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 ToU enters into force as soon as you first use the service and then remains in force until terminated by the Client or PB Web Media.
- 12.2. This ToU can be terminated by Client and PB Web Media by giving a written notice of thirty (30) days unless there are any other pending agreements between parties.
ARTICLE 13. CHANGES TO ToU
- 13.1. PB Web Media may change or add to these ToU at any time.
- 13.2. PB Web Media may terminate the ToU between the Parties with immediate effect at any time and without reason.
- 13.3. PB Web Media shall announce through the service changes or additions at least thirty (30) days before their taking effect.
- 13.4. If you do not want to accept a change or addition, you can terminate the ToU until the date the changes take effect. Use of Website or Web Application after the date of effect shall constitute your acceptance of the changed or added to the ToU.
- 13.5. Thirty (30) business days after the termination or expiration of the ToU, for whatever reason, PB Web Media is entitled to delete or destroy all copies of Client Data, unless agreed otherwise in writing.
ARTICLE 14. MISCELLANEOUS PROVISIONS
- 14.1 Dutch law applies to these ToU
- 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 ToU that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Website or Web Application 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 ToU is declared legally invalid, this shall not affect the validity of the whole of the agreement. 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 ToU to a third party as part of an acquisition of the Website or the associated business activities.
- Nothing more follows.