TERMS OF USE & GUIDELINES

TERMS OF USE & GUIDELINES

1. Onevsp video-sharing platform (‘VSP’) (previously known as Brand New Tube). ‘’us/I/we’’, is a peer-to-peer video sharing platform at the heart of our global community.
2. VSP aims are: to enable users to experience video sharing and content creating.
3. We aim to provide a forum where you can share content that educates, entertains, and for you to contribute positively without incitement or discrimination to the global community.
4. We aim to continue developing this platform which will compromise of regular updates.
5. These terms and conditions that can be easily found and accessed at:
6. Our terms and conditions are written in English ensuring they can be understood by as many users as possible, including those people who do not have advanced reading skills.
7. Our terms and conditions prohibit relevant harmful material fundamental to achieving compliance with the VSP Regime.
8. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use at any time and for any reason.
9. We will alert you about any changes by updating the “last updated” date of these terms of use, and you waive any right to receive specific notice of each such change.
10. It is your responsibility to periodically review these terms of use to stay informed of updates.
11. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the Site after the date such revised terms of use are posted.
12. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
13. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
14. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
15. The Site is intended for users who are at least 18 years of age.
16. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these terms of use prior to you using the Site.
17. This guidance is set out to share our expectations for everyone on the platform.
18. By visiting and using this site, you are agreeing with and are in compliance with our Community Guidelines.
19. It is mandatory that this guidance is followed and our commitment to the community is understood. They should be read and understood in conjunction with our VSP Global Commitment to Health, Well Being and Safety, to the VSP community.

AGREEMENT:

20. Onevsp video-sharing platform “WE”, “US”, or “OUR”.
21. WE AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
22. THESE TERMS OF ‘’USE’’ CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN US AND THE END USER ACCESSING TO: HTTP://WWW.ONEVSP.COM AS WELL AS ANY OTHER MEDIA FORM, MEDIA CHANNEL, MOBILE WEBSITE OR MOBILE APPLICATION RELATED, LINKED, OR OTHERWISE CONNECTED THERETO (COLLECTIVELY, THE “SITE”).
23. YOU AGREE THAT BY ACCESSING THESE PLATFORMS THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
24. Supplemental terms and conditions or documents may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
25. We agree to abide by:

VIDEO SHARING PLATFORM SERVICE:

26. A VSP service is where the provision of videos to members of the public is the principal purpose of the service or of the dissociable section of the service. It also meets all the following conditions:
27. It is made available by means of an electronic communications network.
28. It is provided on a commercial basis.
29. The person providing it ‘’us’’ does not general control over what videos are available on it but does have general control over the manner in which videos are organised (including being by automatic means or algorithms, in particular, by displaying, tagging and sequencing).
30. That person providing it has the required connection with the UK. A required connection includes either of the following: A fixed establishment in the UK for an indefinite period where the provider is effectively pursuing an economic activity.
31. Note: Newspaper websites are outside the scope of the AVMS Directive (Article 28), but standalone parts of newspapers' websites that feature audiovisual programmes or user-generated videos could be considered as VSPs for the purposes of the Directive.

REGULATORY FRAMEWORK:

32. We aim to operate under the Ofcom guidelines in the United Kingdom’s (UK) who are the communications regulator, overseeing sectors not limited to ‘’fixed-line and mobile telecoms, the airwaves on which wireless devices operate, post and TV and radio broadcasting’’. Ofcom regulate online video services established in the UK, including video-sharing platforms (VSPs).
33. Ofcom is a unified regulator for media, telecommunications and radio communications, the Broadcasting Standards Commission, the Radio Authority, the Office of Telecommunications and the Radio communications Agency. Ofcom will also have concurrent powers with the Office of Fair Trading (OFT), across the whole of the communications sector, in relation to breaches of the Competition Act 1998 and market investigations under the Enterprise Act 2002 (2002 Act).

AVMS DIRECTIVE:

34. Before the AVMS Directive was amended by the 2018 Directive, its scope was limited to regulating linear television and "on-demand audiovisual media services" (as defined in Article 1(g)).
35. The 2018 Directive extended regulation to VSPs. The implementation date for the 2018 Directive was 19 September 2020. Although the UK left the EU on 31 January 2020, the implementation date fell within the UK-EU transition period during which most EU law continued to apply to the UK, so the UK was obliged to implement the provisions.

COMMUNICATIONS ACT 2003:

36. The AVMS Directive was primarily implemented in the UK through provisions in the Communications Act 2003 (CA 2003).
37. The AVMS Regulations inserted into the CA 2003 a new Part 4B "Video-sharing platform services", and the provisions came into force on 1 November 2020.
38. UK provisions derived from the AVMS Directive continue to apply as retained EU law.
39. The new Communications Act 2003 received Royal Assent on 17 July 2003 is to have effects for both the media and telecommunications sectors and the VSP Regime is set out in Part 4B of the Communications Act 2003 (the Act) can be found at Communications Act 2003 (legislation.gov.uk)
40. Our compliance with its obligations under section 368Z1(1) and (2) of Part 4B of the Act Duty to take appropriate measures: Communications Act 2003 (legislation.gov.uk) ‘’ F1368Z1’’/.
41. At VSP we will take the below appropriate measures to protect all users from ‘relevant harmful material’ and to protect under-18s from ‘restricted material’:

Equality & Respect

• People of all races, ages, sexes, religions, political views, and other immutable attributes or self-assigned designations should be treated as equals with the same rights.
• VSP members are expected to behave maturely and in a civilized manner that respects other members of the community and wider society. Hatred or harmful content will NOT be tolerated but removed immediately and reported to the relevant authorities where appropriate.

Your Responsibility

• The actions you take are your responsibility as an individual. VSP will hold you accountable for any content you upload, along with any metadata associated with it, including titles, descriptions, thumbnails, and hashtags.
• The content you produce on the site does not entail any responsibility for the actions of others; however, you must consider that others could be influenced or incited by your content.
• Content creators must ensure their content does not violate the Harmful and Prohibited Content or Platform Misuse guidelines, as set out further below. Moreover, they are required to understand Sensitive Content by choosing the correct age restriction from the drop down menu, to any content they upload to VSP.
• VSP community members are responsible for adhering to these guidelines at all times.
• Further explanations of this guidance and frameworks along factsheets, example cases, report on online hateful content and EU legislation and guidelines can be found on pages 19 to 21 of the VSP Guidance set out by Ofcom by clicking on the following link: VSP Harms Guidance
• Additionally this guidance, will provide information to help you understand the types of content which constitute incitement to violence or hatred by way of explanations, case studies or examples and also highlight the hatred or violence is prohibited against a group of persons or a member of a group of persons based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

Legal Responsibility

• As a VSP member, you are legally responsible for all the content you upload.
• It is the responsibility of each member of the VSP community to follow their local laws regarding online conduct, communication, and content. As far as online communications are concerned, VSP will comply with all applicable laws.
• It is important to make sure that your content is legal to share before sharing it on VSP.
• We expect you to abide by the copyrights, trademarks, and other legal rights of third parties. When you add content to the VSP, you should reference applicable fair dealing laws. Please refer to the Copyright Policy for more information on how we manage copyright.
• At the request of the authorities, we may apply filters to specific content considered illegal in their country. These filters will be applied so as not to affect the viewing of content in other countries where the content is still considered lawful.

Sensitive Content

• To help users to apply the correct sensitivity and age restriction, members can use the drop-down menu and click on ‘All ages can view this video’ or ‘Only + 18’.

Harmful and Prohibited Content

• Persons, organisations, or other entities involved in the following activities are not permitted to be present on the platform.
• Any material produced by, endorsing, enabling, or otherwise promoting people, organisations or any other entity engaging in the following activities is not permitted on the platform.
• Posting, celebrating, endorsing, glorifying, denying the existence of, linking to or otherwise promoting content containing the following activities is strictly prohibited on the platform. Repeated violations will result in suspensions or termination of the account.
• Should you find such material on VSP, we expect you to report it to us immediately using the reporting and reporting tools provided.
• We understand that it may be necessary to show and/or cite examples of the following activities to hold perpetrators accountable. If this is your aim, you must evidently reference this within the content. You must always remain considerate to victims and safeguard your content from being misused to approve, allow or support individuals, groups of people, or any other body participating in such activities.
• Physical Violence
  • Actual non-consensual acts of abduction, attempted murder, murder, dismemberment, rape, or torture.
Animal Cruelty
• As set forth in the Prevention of Harm section of the UK Animal Welfare Act 2006.
• UK Animal Welfare Act 2006
Endangerment and Child Abuse
• Outlined as the abuse, sexualisation, endangerment, exploitation of children, or any offense stated within the UK Children and Young Persons Act 1933.
• UK Children and Young Persons Act 1933
Harassment
• Any harassment considered unlawful in the homes of the perpetrator or the target. This includes disclosing sensitive personal information without the consent of the individual, including, but not limited to, addresses, social security numbers, passport numbers, telephone numbers or bank account numbers.
Harmful Activities
• Refers to the injection or ingestion of hazardous substances, self-injury, suicide and other activities aimed at seriously injuring or aggravating a person.
Incitement to Hatred (UK, EU, EEA & territories)
• Relevant harmful material refers to any material likely to incite violence or hatred against a group of persons or a member of a group of persons based on particular grounds. It also refers to material the inclusion of which would be a criminal offence under laws relating to terrorism; child sexual abuse material; and racism and xenophobia. As an example, 'hatred' refers to a feeling of animosity or rejection regarding a person or a group of persons. Inciting or motivating a person to act in a violent or abusive manner constitutes one into illegal territory.
• Also refers to Section 368E Subsection (1) of the UK Communications Act 2003, this applies to any material likely to incite hatred against a group of persons or a member of a group of persons based on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union.
• Related links:
• *Related links (copy and paste into your browser):
• https://www.legislation.gov.uk/ukpga/2003/21/section/368E
• https://www.europarl.europa.eu/charter/pdf/text_en.pdf
Sexually Explicit
• Real, simulated or otherwise represented content containing sexual intercourse, sexual acts or sexual excitement.
Portrayal of rape/sexual abuse
• Hard drug use or creation, selling or facilitating the sale of hard or soft drugs, facilitating the sale of regulated pharmaceuticals without a prescription, or showing how to use steroids in non-educational content.
Violent Extremism & Terrorism
• Any act of violence or intimidation that is intended to promote a religious, political or ideological purpose.
• Bodies that have been selected under counterterrorism legislation will be blocked within the jurisdiction of the relevant nation state or international organisation. In addition, those nominated by the United Kingdom of Great Britain, Australia, Canada, New Zealand, the United States of America, the United Nations, the European Union or any member state of the European Union will be prohibited on the platform.
Incitement to Violence & Threats
• Refers to provocation of violence, threats or likely to provoke violence.
• Racism and xenophobia - The offences relating to racism and xenophobia here include publicly inciting violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin, and the committing of such an offence by public dissemination of distribution of tracts, pictures or other material.
Platform Misuse
• Abuse of the provided platform and/or functionality is not permitted and should be reported using the Flagging and Reporting methods, as described further in this document. Here are a few examples of what we regard as misuse of the platform:
  • Brigading or Dogpiling - Organised group attacks with the goal to disgrace, silence or otherwise shut down other users.
  • Manipulation of Metric – Manipulation of metrics such as views, likes and/or subscriptions. When this is identified, such metrics will be corrected to offset.
  • Clickbaiting - Presenting misleading titles, descriptions, using similar names, tags, or thumbnails to trick viewers to click on video content.
  • Scamming - Refers to scamming people out of their earnings, views, votes or anything else.
  • Spamming - Content that is excessively posted, repetitive or untargeted and does one or more of the following: Promises viewers that they'll see something but instead directs them off the site.
  • Promotion of eating disorders - Self-injurious content which may cause physical harms.
  • Mental health factors leading to harm - content which may lead to a harm, such as psychological distress, depression, anxiety, social withdrawal, body image and addictive-type behaviours.

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to OneVSP, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action and contact the relevant authorities if we feel the need to do so. Further clarification can be found under the Enforcement, section point 170.

ONLINE SAFETY ACT (OSA):

42. Part 4B will be repealed by the Online Safety Act (OSA), and video-sharing platforms will be regulated under the provisions contained in the OSA.
43. Part 4B will not be repealed as soon as the OSA receives Royal Assent.
44. The Online Safety Act 2023 (OSA) received Royal Assent on 26 October 2023. Much of the OSA is not yet in force and will not be brought into force until various pieces of publication of guidance and codes of practice have been made by Ofcom and the Secretary of State.

OFCOM:

45. a. OFCOM IS THE UK REGULATOR FOR VSPS (SECTION 368T, CA 2003).
46. b. GUIDANCE: Ofcom has published guidance on its approach to regulating VSPs (Ofcom: Regulating video-sharing platforms).
47. c. LIST OF PROVIDERS: Ofcom must maintain a list of providers of VSPs (section 368U, CA 2003).

CO-REGULATION:

48. a. Ofcom can designate a co-regulator (section 368T, CA 2003).
49. b. Co-regulation is encouraged generally under the AVMS Directive (Article 4a) and Article 28b(4) emphasizes that the measures requiring VSPs to prevent harm (in Article 28b(1) and (3)) could be implemented through co-regulation.
50. c. In the UK, Ofcom has designated the Advertising Standards Authority (ASA) as its co-regulator for advertising on "on-demand programme services" (ODPS) (as defined in section 368A(1) of the CA 2003) as permitted by the co-regulatory provisions in section 368B of the CA 2003.
51. d. The ASA is responsible for monitoring advertising appearing on ODPS for compliance with the relevant appendix in the Committee of Advertising Practice's Non-broadcast Advertising, Sales Promotion and Direct Marketing Code (CAP Code).
52. e. The government noted that extending the co-regulatory arrangement to VSPs was complex as the issues go beyond the scope of the AVMS Directive.
53. f. However, in December 2021, Ofcom designated the ASA as its co-regulator for VSP-controlled advertising.

CODES OF CONDUCT:

54. The appropriate regulatory authority must encourage VSP providers to provide guidance on preventing the inclusion of harmful material in advertisements. (Section 368X, CA 2003.)

INFORMATION PROVISION:

55. A VSP provider must publish the following information in a publicly accessible part of its website:
56. Provider's name, address and electronic address.
57. A statement that the provider is under the jurisdiction of the UK for the purposes of the AVMS Directive.
58. Name, address and electronic address of any appropriate regulatory body for the provider and its service. (Section 368Y, Communications Act 2003.)

CONTENT UPLOADED ON VSP SERVICE (NOT CONTROLLED BY VSP):

ENFORCEMENT:

1. The appropriate regulatory authority must ensure VSP compliance with obligations to provide information, pay regulatory fees, on advertising and on preventing harm (section 368X, CA 2003).
2. The appropriate regulatory authority can enforce VSP obligations by making a determination and doing one or both of the following:
   • Issuing an enforcement notice under section 368Z2 of the CA 2003.
   • Imposing a financial penalty in accordance with section 368Z4 of the CA 2003.
3. In making a determination the regulatory authority must have reasonable grounds for believing that a contravention is occurring or has occurred and allow the provider an opportunity to make representations.
4. Failure to comply can lead to suspension or restriction of a service (section 368Z5, CA 2003).
5. There is also specific provision for suspension or restriction of a service for inciting crime or disorder (section 368Z6, CA 2003).
6. Failure to comply with a suspension or restriction of service is an offence for which the service can be fined (section 368Z8, CA 2003).
7. Relationship with Online Safety Act:
   • The VSP provisions will be superseded by the OSA once the relevant provisions of the OSA are enacted.
   • The OSA provides for a transition period for VSPs. During this period, they will be exempt from having to comply with most duties under the OSA. They will still have some duties, such as:
     • To comply with demands for information issued by Ofcom.
     • To notify for fees.
   • This exemption will apply to platforms that meet the notification criteria.
   • Section 210 of the OSA will repeal Part 4B when it comes into force and Schedule 17 of the OSA sets out transitional provisions for VSPs.
   • During the transition period, Ofcom will continue to regulate pre-existing VSPs.
   • The Secretary of State will make secondary legislation to specify the date for repeal of the VSP provisions and the transition period will end on this date.
   • VSPs will have to carry out risk assessments and child access assessments under the OSA.
8. Appropriate age-assurance measures in place.
9. Ofcom has regulated VSPs under Part 4B of the Communications Act 2003 since 1 November 2020. Providers within scope must notify their service to Ofcom.
10. Prevent under-18s from accessing videos containing pornographic material.

Global Commitment to Health, Well Being and Safety

• We (One VSP LTD parent company onevsp.com) reserve all rights, and by using our site you agree to absolve us (the owners) of any legal liability. All legal content is allowed, anything found to be illegal content will be removed and your account may be terminated.
• Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

• By using the Site, you represent and warrant that:
  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. You have the legal capacity, and you agree to comply with these Terms of Use.
  4. You are not under the age of 18.
  5. You are not a minor in your jurisdiction, or if a minor, you have parental permission to use the Site.
  6. You will not access the Site through automated or non-human means, , whether through a bot, script, or otherwise
  7. You will not use the Site for any illegal or unauthorized purpose.
  8. Your use of the Site will not violate any applicable law or regulation.
• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

• You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

• We use Youtube API's to import the videos from Youtube, and by using our site, you agree with Youtube's terms of service found on the following URL: Youtube Terms of Service.
• All the users understand that using Youtube's API services you are bound to youtube's terms of service and Google's policies (reference and link to the Google Privacy Policy at )Google Privacy Policy.
• As a user of the Site, you understand that:
  • API Client uses YouTube API services for import video features.
  • The import feature uses the Youtube API service to fetch the video details including title, description, tags and embeds the videos accordingly
  • We do not store any of the YouTube's videos on to our servers and hence we do not control or own any of the video data fetched using the YouTube API services.
  • We do not store any data neither share any data fetched from Youtube API services to any third party services.
  • We use third-party services to fetch the videos without storing the same onto our servers or database and YouTube API Services is one of the Third party services that we use.

Disclaimer

• Actions taken by OneVSP.com or its team under these Community Guidelines is at our exclusive discretion and does not constitute legal advice. References to external definitions, statutes and other documents are for reference purposes only. OneVSP.com reserve the right to delete content for reasons not presently set out in these Community Guidelines.