In summary, Brighteon.com is a "free speech platform with reasonable limits," which are outlined, in part, in this document.
Under the protection of the Communications Decency Act, section 230, Brighteon.com is not liable for the user content posted on Brighteon.com. Furthermore, Brighteon.com maintains its right to feature, de-list, ban or otherwise select the visibility of such content on the Brighteon.com website according to internal editorial preferences, all of which remains fully protected under CDA Sec. 230 "editorial functions" without exposing Brighteon.com to tort liability for the content itself.
Brighteon.com operates in good faith to protect copyright holders while also respecting the full, broad interpretation of Fair Use. Brighteon.com has a copyright claim process in place where copyright holders may request the removal of content that clearly violates intellectual property and does not qualify for Fair Use.
Brighteon.com operates in good faith with law enforcement when provided a warrant or a court order. Simultaneously, Brighteon.com works to protect the privacy of its users from unreasonable harassment by law enforcement or other entities. Brighteon.com is under no obligation to cooperate with law enforcement requests that lack a warrant or a court order. Brighteon.com reserves the right to challenge court orders which appear to be unlawful or that place an unreasonable burden on Brighteon.com. Furthermore, Brighteon.com does not track any identifiable information of end users (video viewers), and only limited server logs on video uploaders (content creators). Brighteon.com maintains email addresses of content creators, but will not release them without a warrant or a court order that fully complies with applicable law and that compels Brighteon.com to share that email address with law enforcement. Even then, Brighteon.com reserves the right to challenge the legality of any court order.
By uploading videos to Brighteon.com, content creators assert they have the legal right to distribute the entire content of their video(s), including music, sound effects, video and still images associated with the video.
Brighteon.com does not currently offer a royalty-free collection of music, video or images for free use. However, we are exploring that as a future option.
Copyright holders who believe Brighteon.coms inappropriately use their copyrighted content may submit a copyright claim via support.brighteon.com. Brighteon.com acts in good faith to remove copyrighted content that is used outside the interpretation of Fair Use.
As a general rule, Brighteon.com will de-list or ban content that overtly attacks or endangers LIFE or LIBERTY.
In the interests of encouraging a civil platform for debate and discourse, content that names and aggressively attacks, smears or slanders individuals who are active members of Brighteon.com may be banned or de-listed. (See more details below.)
Brighteon.com asks that content creators post content using a real name: Either your individual name or the real name of your organization. Real names are not verified, and this rule is largely ignored if you are merely posting positive-oriented or how-to content. However, content which makes specific accusations against individuals or organizations may receive more scrutiny, and if it is discovered that videos are being posted using a false identity, that channel may be disabled. (See more detail below, as there are exceptions for confirmed whistleblowers who need anonymity for protection to expose corruption.)
Note that these guidelines are merely a starting point and will be updated many times to encompass the wide variety of content we expect to see posted on Brighteon.com.
1) CONTENT WHICH VIOLATES FEDERAL LAW
Because Brighteon.com operates inside the United States, it must abide by U.S. laws concerning the legality of content. Brighteon.com disallows content which promotes or advocates criminal acts such as bomb-making, terrorism, death threats, arson, child porn and so on. This is not a complete list.
Where federal law is unconstitutional or stands in violation of basic human rights -- such as federal prohibition of cannabis -- Brighteon.com sides with Natural Law, which supersedes artificial government laws. In other words, Brighteon.com welcomes -- but does not specifically recruit or call for -- videos depicting the hydroponic production of cannabis, for example, even in regions where federal law prohibits possession of cannabis. This is because such federal laws stand in violation of basic human rights (access to natural plant medicine).
Similarly, because the right to self-defense is a Natural Law reflected throughout Mother Nature, Brighteon.com welcomes -- but does not specifically recruit or call for -- videos depicting the possession of firearms for the purpose of self-defense, even if filmed or uploaded from regions where such possession may be deemed illegal by applicable law.
2) CONTENT WHICH VIOLATES LOCAL LAW IN THE LOCAL JURISDICTION
Brighteon.com geo-restricts content which has been deemed illegal in local jurisdictions. For example, "Holocaust denial" videos -- a term which is not well defined even by those who ban such videos -- are geo-restricted in 15 countries where denial of the Holocaust has been deemed a criminal offense.
Other countries have blasphemy laws against mocking religious leaders, and for that reason, such videos are geo-restricted in those countries.
In order for the Brighteon.com platform to continue to exist in these countries. Brighteon.com takes active steps to geo-restrict videos that are believed to violate local or national laws.
3) CONTENT WHICH ADVOCATES VIOLENT AGGRESSION - OR GROUPS ESPOUSING VIOLENT AGGRESSION - TOWARD PEOPLE OR ORGANIZATIONS THAT DON'T DESERVE IT
Brighteon.com supports freedom of speech with reasonable limits. For example, content which promotes racist KKK activities or organizations with a history of advocating violent aggression (such as Antifa or the DEA) are not allowed, unless posted in the context of news, criticism or public commentary on such activities (subject to review and interpretation by Brighteon.com).
In contrast to the above, depictions of violence in the context of protecting life or liberty is allowed. For example, a video of citizen shooting an attacker in self-defense is allowed.
Similarly, if a violent Antifa terrorist is caught on video bashing people on their skulls using a bike lock (their favorite weapon), and an armed patriot shoots the Antifa terrorist in the face with a .45 auto in an act of self-defense, that video will certainly be allowed.
4) CONTENT WHICH PROMOTES OR DEPICTS CRUELTY AGAINST LIVING BEINGS
No content is allowed which depicts cruelty against living beings, including unjustified animal cruelty or human torture. These acts are widely considered to be criminal acts, and videos depicting such acts are not allowed on Brighteon.com. Hunting videos are allowed if they do not depict the suffering of animals. Self-defense shooting videos are allowed if the defensive shooting is justified to halt violence or for purposes of public education to help teach individuals how to defend their life, liberty and property against violent aggressors.
This section also covers content which promotes suicide, mass shootings, etc. For example, if a disturbed teenager posts a video claiming he is taking antidepressant drugs and feels like shooting up his local school with a shotgun, such a video would be disallowed. The interpretation of this is up to Brighteon.com personnel and may be subject to change, depending on a variety of factors, including compliance with local laws.
5) CONTENT DEEMED GENOCIDAL / ANTI-HUMAN / EXTREMELY DANGEROUS TO SOCIETY
Content that promotes harmful ideologies that have historically lead to genocide or mass murder is not allowed. For this reason, content promoting Marxism, socialism, Satanism, communism and other harmful belief systems is not allowed on Brighteon.com. (Such ideologies have resulted in the deaths of over 262 million people worldwide in the last century.)
The interpretation of this rule will be in the sole discretion of Brighteon.com, which strives to protect speech to the fullest. Nevertheless, use of the Brighteon.com platform to promote anti-human, genocidal or extremely harmful ideologies that have been historically tied to mass human suffering and murder is not allowed.
NOTE: POLICY ON CRYPTOCURRENCY VIDEOS:
Brighteon.com supports "decentralization" innovation, which includes cryptocurrencies. Brighteon.com's overall policy is to allow open discussion of cryptocurrencies, ICOs and the decentralization of money, and it is generally our belief that end users bear the burden of taking responsibility for their own actions when it comes to making financial decisions. At the same time, Brighteon.com reserves the right to ban or de-list videos which are deemed to be promoting a fraudulent scam of any kind, which in the interpretation of Brighteon.com may subject its public viewers to risk of being defrauded or scammed. For example, videos posted by "Nigerian inheritance scammers" would of course be banned.
6) CONTENT WHICH ATTACKS, SLANDERS OR SMEARS OTHER MEMBERS OF BRIGHTEON.COM
In the interests of civility, we aim to provide a platform from which independent media personalities may post videos without fear of being unfairly attacked or defamed by others on the same platform. In essence, we aim to provide a platform where each individual has a right to speak without being viciously attacked, shouted down or heckled by other members on the platform who seemingly don't have their own ideas (but have plenty of time to attack everyone else).
In addition, we fully recognize that government-run operatives will attempt to launch thousands of sock puppet accounts and post videos to smear indy media personalities and sow discord.
In order to help halt sock puppet "slander videos" targeting indy media, we are launching Brighteon.com with an unusual rule, which is that no content may attack, by name, other members of Brighteon.com except in limited circumstances in which the person being attacked is irrefutably involved in disinfo, fraud, criminal behavior or other egregious activities that harm society as a whole (this is all subject to interpretation by Brighteon.com moderators).
In addition, videos which sharply criticize big government bureaucrats, the fake news media, corrupt lawmakers and other elements of the "establishment" are welcomed, but not specifically encouraged. This includes education, science, medicine, law, Wall Street and more.
7) CONTENT FROM ANONYMOUS SOURCES*
Except in the rare case of "whistleblower status" that we may grant to certain verified whistleblowers, content from anonymous sources (i.e. no real name, no visible face on the video, and no recognizable voice) may be disallowed if such content makes defamatory accusations against individuals or organizations who are either members of Brighteon.com or members of the real media (independent media).
The point of this rule, which is of course subject to change, is to halt anonymous troll videos which are primarily posted by government-funded operatives attempting to discredit independent media and decentralized technology companies they don't control.
We also believe that an individual who is accused of something should be able to face their accuser and identify them. Thus, anonymous accusations are generally disallowed except in very limited circumstances.
* Certain accounts may be granted whistleblower status via a process we are not making public. This is reserved for truly anonymous sources in the vein of Wikileaks or similar organizations whose lives would be jeopardized by their identities being known.
8) CONTENT BELIEVED TO BE POSTED BY DEEP STATE OPERATIVES FOR THE PURPOSE OF SPREADING DISINFORMATION
For obvious reasons, this category of disallowed content is difficult to define. Essentially, Brighteon.com recognizes that deep state operators running "sock puppet" accounts will attempt to infiltrate and exploit the Brighteon.com platform to sow chaos, distrust and paranoia across independent media. Any videos which Brighteon.com believes to be engaged in such tactics may be subject to being de-listed or banned.
While each moderation decision is subject to reasonable interpretation, content which depicts any of the "disallowed" scenarios listed elsewhere MAY be allowed if presented in the context of condemning such acts, analyzing current events from a newsworthy perspective, or showing snippets of acts of evil for purposes of education or commentary.
For example, a video depicting a group of street thugs viciously attacking a uniformed police officer may be allowed if presented in the context of important news and commentary on such heinous acts. However, if such videos are posted as gratuitous "kill the pigs" videos to celebrate the murder of cops, the video would be disallowed.
Similarly, if a pro-civil liberties video contains a few seconds of a KKK racist mob screaming "kill the n-@@--s!" as part of a documentary-style educational video highlighting the destructive history of such groups, that video would be allowed even though the exact same clip would be banned if presented in the context of advocating the murdering of people based on the color of their skin.
In other words, CONTEXT MATTERS. The intent of the video presenter is estimated by moderators and taken into account during all moderation decisions. If, in the view of the moderator, the purpose of a particular video is to promote violence or harmful content, that video may be delisted or banned. At the same time, if the purpose is education or newsworthy commentary, such a video is unlikely to be delisted or banned.
Brighteon.com allows, but does not specifically request, videos that rationally criticize LGBT narratives. Unlike other public platforms, Brighteon.com does not automatically interpret criticism of transgenderism, for example, to be "hate speech."
Section 230 of the Communications Decency Act states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Brighteon.com is a provider of an interactive computer service. CDA section 230 means that Brighteon.com is not liable for, nor responsible for user content posted to the site, including user videos and user comments.
In accordance with "editorial functions" which remain protected under section 230, Brighteon.com may de-list, de-activate, ban, feature or highlight user-based content based entirely on Brighteon.com's interpretation of which content is appropriate for end users. As the Fourth Circuit noted (https://ilt.eff.org/Defamation__CDA_Cases.html):
[L]awsuits seeking to hold a service liable for its exercise of a publisher's traditional editorial functions – such as deciding whether to publish, withdraw, postpone or alter content – are barred. The purpose of this statutory immunity is not difficult to discern. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. . . . Section 230 was enacted, in part, to maintain the robust nature of Internet communication.
Numerous courts have agreed. See Carafano v. Metrosplash.com, Inc., 339 F.3d 1119, 1124 (9th Cir. 2003) ("So long as a third party willingly provides the essential published content, the interactive service provider receives full immunity [under Section 230] regardless of the specific editing or selection process."); Ben Ezra, 206 F.3d at 985-986 (deleting of information did not transform ICS provider into "information content provider"); Schneider, 31 P.3d at 39-43 (website not liable despite right to edit posted matter).
While Section 230(f)(3)'s definition of an information content provider includes "any person ... that is responsible ... for the creation or development of information," the inclusion of "development" does not prohibit editorial activities. "Development requires material substantive contribution to the information that is ultimately published. Deleting profanity, selectively deleting or allowing to remain certain postings, and commenting favorably or unfavorably on some postings, without changing the substance of the message authored by another, does not constitute "development" within the meaning of § 230(f)(3)." Donato v. Moldow, 374 N.J. Super. 475, 865 A.2d 711, 727-728 (N.J. Super. A.D. 2005). Moreover, failing to remove a posting after being put on notice of the posting's potentially defamatory nature, constitutes an editorial function and thus falls within the immunity provided by section 230. Global Royalties, Ltd. v. Xcentric Ventures, LLC, 544 F. Supp. 2d 929 (D. Ariz. 2008). Universal Commc'n Sys., Inc. v. Lycos, 478 F.3d 413, 420 (1st Cir. 2007).
While encouraging self-regulation, Section 230 "does not require [information content providers] to restrict speech; rather, it allows [them] to establish standards of decency without risking liability for doing so." Green v. American Online, Inc., 318 F.3d 465, (3rd Cir. 2003); see also Blumenthal, 992 F. Supp. at 52 ("Congress has conferred immunity from tort liability as an incentive to Internet service providers to self-police the Internet for obscenity and other offensive material, even where the self-policing is unsuccessful or not even attempted."); Barrett, 40 Cal. 4th at 34 (Section 230's protection "applies even when self-regulation is unsuccessful, or completely unattempted").
Brighteon.com respects Fair Use and also honors copyright holders of intellectual property. Copyrighted content may be posted in the context of public comment, criticism or education. Copyright holders making a copyright claim may submit a challenge via support.brighteon.com. Please include the video URL and conclusive evidence of your copyright status. Please allow up to 30 days for copyright claim processing.
You may use Brighteon.com only if you can legally form a binding contract with Brighteon.com, and only in compliance with these Terms and all applicable laws. When you create your Brighteon.com account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed.
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
If you use Brighteon.com for commercial purposes, and if you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
Brighteon.com allows you to post content, including videos, comments, descriptions, and other materials. Anything that you post or otherwise make available on Brighteon.com is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Brighteon.com.
You grant Brighteon.com and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Brighteon.com solely for the purposes of operating, developing, providing, and using Brighteon.com. Nothing in these Terms restricts other legal rights Brighteon.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it's used on Brighteon.com, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
Following termination or deactivation of your account, or if you remove any User Content from Brighteon.com, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes.
If you submit comments, ideas or feedback to Brighteon.com, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Brighteon.com doesn't waive any rights to use similar or related feedback previously known to Brighteon.com, or developed by its employees, or obtained from sources other than you.
While we work to protect the security of your content and account, Brighteon.com can't guarantee that unauthorized third parties won't be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Brighteon.com may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Brighteon.com. We don't endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Brighteon.com, you do so at your own risk and you agree that Brighteon.com has no liability arising from your use of or access to any third party website, service, or content.
Brighteon.com may terminate or suspend your right to access or use Brighteon.com for any reason, without notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by the rest of these Terms.
If you use Brighteon.com for commercial purposes, you agree to indemnify and hold harmless Brighteon.com (Webseed, LLC) their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
Our Service and all content on Brighteon.com is provided on an "as is" basis without warranty of any kind, whether express or implied.
Brighteon.com specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Brighteon.com takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that's inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTEON.COM (Webseed, LLC) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BRIGHTEON.COM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Brighteon.com, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Brighteon.com account. If Brighteon.com hasn't been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Brighteon.com are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Brighteon.com account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Brighteon.com agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Brighteon.com will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BRIGHTEON.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Brighteon.com or our Service isn't arbitrable under applicable laws or otherwise: you and Brighteon.com both agree that any claim or dispute regarding Brighteon.com will be resolved exclusively in accordance with the "governing law" section of these Terms.
Governing law: These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles.
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that's what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use Brighteon.com after revisions become effective, you agree to be bound by the new Terms. If you don't agree to the new terms, please stop using Brighteon.com.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brighteon.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Brighteon.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.