Tube Create Website
- Tube Create hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
- Your use of the Website as permitted is solely for your personal, noncommercial use;
- You will not copy or distribute any part of the Website in any medium without Tube Create prior written authorization;
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
- You will otherwise comply with the terms and conditions of these Terms of Service.
- In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tube Create immediately of any breach of security or unauthorized use of your account. Although Tube Create will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tube Create or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Tube Create servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tube Create grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tube Create reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights
The content on the Tube Create Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, documents, graphics, photos, images, sounds, music, videos, interactive features and the like, displayed or distributed in softcopy or hardcopy, (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Tube Create, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tube Create reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. We grant you a limited, revocable, and nonexclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Tube Create Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Tube Create Website or the Content therein.
- The Tube Create Website may now or in the future permit the submission of any type of electronic contents, based upon Tube Create Website’s discretion, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Tube Create does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize Tube Create to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
- You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Submission submitted by you. You agree to indemnify Tube Create for all claims arising from your claims to any rights in any User Submission.
- With respect to posted content, the submitting user retains ownership of such content.
By submitting, posting or displaing content on, to, or through Tube Create Website (or its sub-domains, successors and affiliates), you grant Tube Create, Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display and perform such content on Tube Create Website (or its sub-domains, successors and affiliates). Tube Create, Inc. reserves the right to syndicate User Submissions submitted, posted or displayed by you on or through Tube Create Website (or its sub-domains, successors and affiliates) and uses that content in connection with any service offered by Tube Create, Inc. The aforementioned license granted by you terminates once you remove or delete a User Submission from Tube Create Website. You also acknowledge that Tube Create, Inc. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. In addition you acknowledge and grant users of the Tube Create Websites a non-exclusive license to access your User Submissions through the Tube Create Website (or its sub-domains, successors and affiliates) and to use such User Submissions as applicable by their respective licenses.
- In connection with User Submissions, you further agree that you will:
- Further agree to claim all responsibilities for your submitted material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Tube Create all of the license rights granted herein;
- Not publish falsehoods or misrepresentations that could damage Tube Create and Tube Create Website or any third party;
- Not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate (“Offensive Content”);
- Not post advertisements or solicitations of business:
- Not to impersonate another person. Tube Create does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tube Create expressly disclaims any and all liability in connection with User Submissions. Tube Create does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Tube Create will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Tube Create reserves the right to remove Content and User Submissions without prior notice. Tube Create will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Tube Create also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Tube Create may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tube Create’s designated Copyright Agent to receive notifications of claimed infringement is: admin@Tube Create.com. You may also contact this address for any other feedback, comments, requests for technical support, and other communications. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- You understand that when using the Tube Create Website, you will be exposed to User Submissions from a variety of sources, and that Tube Create is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tube Create with respect thereto, and agree to indemnify and hold Tube Create, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Tube Create permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Tube Create reserves the right to discontinue any aspect of the Tube Create Website at any time.
YOU AGREE THAT YOUR USE OF THE Tube Create WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Tube Create, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Tube Create MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Tube Create WEBSITE. Tube Create DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Tube Create WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Tube Create WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL Tube Create, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY INTERRUPTION OF BUSINESS; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Tube Create WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (VII) EVENTS BEYOND Tube Create’ REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Tube Create SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IN NO EVENT SHALL Tube Create’ MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). The Website is controlled and offered by Tube Create from its facilities in the United States. Tube Create makes no representations that the Tube Create Website is appropriate or available for use in other locations. Those who access or use the Tube Create Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Tube Create, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Tube Create Website;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Tube Create Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Tube Create Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Tube Create Website.
However Tube Create Website does contain some materials that are not suitable for Users who are less than 18 years old, or the legal age of their jurisdictions (“Minors”). In that case, Tube Create will not hold the responsibilities of consequences and effects that mat may took place in the events when Minors are accessing materials that are not intended for them, when they are accessing materials that are marked in any manner, expressed or implied, such as, but not limited to forum names, forum or thread links or forum descriptions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tube Create without restriction.
You agree that:
- The Tube Create Website shall be deemed solely based in [where]; and
- he Tube Create Website shall be deemed a passive website that does not give rise to personal jurisdiction over Tube Create, either specific or general, in jurisdictions other than [where].