Welcome to Tubestart.com, the website (our “Website”
) and online service of Tubestart Inc., doing business as TubestartTM
). By accessing or using our Website, services, products, Tubestart Content and any other content provided through or in connection with the our Website, our microsites and/or our pages on social media sites, such as, but not limited to (now referred to as “such as”
) YouTube, Facebook or Twitter (individually and collectively "Service"
), you, as a User, Creator or Supporter (as these three terms are defined in section 2, below), warrant, represent, covenant, promise and guarantee to us (“Warrant”
YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY OTHER OF OUR WEBSITES AND ANY OF OUR ONLINE CHANNELS WHERE THESE TOU ARE LINKED, SUCH AS BUT NOT LIMITED TO OUR MICRO SITES AND OUR PAGES ON SOCIAL MEDIA SITES, SUCH AS FACEBOOK OR TWITTER (ALL OF WHICH ARE THE FOREGOING IN THIS PARAGRAPH ARE INDIVIDUALLY AND COLLECTIVELY THE “SITES”) IS GOVERNED BY THESE TOU AND ALL APPLICABLE STATUTES, LAWS, REGULATIONS, RULES AND ORDERS. BY ACCESSING AND USING THE SITES, YOU WARRANT AND REPRESENT YOUR UNCONDITIONAL ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THE AGREEMENT, WHICH IS A LEGALLY BINDING CONTACT BETWEEN YOU AND US. IF YOU DO NOT ACCEPT THESE TOU, DON’T VISIT OR USE THE SITES.
1. Who We Are
Tubestart is a content development platform for digital video creators and filmmakers. Tubestart connects creators with fans, brands and networks to bring creative ideas to live.
- A “User” is anyone who visits Tubestart.com whether registered or not.
- A “Creator” is anyone who desires to create a Crowdfunding Project, submit it and if we approve it, uploads it to our Website.
- A “Crowdfunding Project” is a proposed YouTube video or channel for which a Creator wants to solicit Contributions from Supporters for a Project.
- A “Supporter” is anyone who wants to make a Contribution to a Crowdfunding Project.
- A “Beneficiary” is the legal entity or person receiving the Contributions to a Crowdfunding Project.
- "Provided Content" means any and all content of every kind and nature now or later contemplated (the phrase “of every kind and nature now or later contemplated is now referred to as “EKN”) such as text, graphics, animation, audio and audiovisual content, that a Creator uses to create and manage a Crowdfunding Project and that a Creator, User or Supporter Posts or comments on or otherwise contributes to a Crowdfunding Project.
- “Tubestart Content” means any and all content EKN on or accessible through the Service including without limitation, software, code, images, text, data, graphics, illustrations, logos, photographs, animation, audio, videos and music, that is not Provider Content.
- “Post”, “Posts”, “Posted” or “Posting” is the act of uploading, publishing, displaying, embedding, linking to, linking from or otherwise using or making available Provided Content on the Service.
- "Intellectual Property” means any and all worldwide rights, titles and interests AKN, in whole and in part, in and to any and all patents, trademarks, service marks, copyrights, trade dress, trade secrets, publicity, goodwill and all other intellectual property EKN as may now exist or hereafter comes into existence and any and all derivatives, applications, registrations, common law rights, renewals and extensions of each and all of them. Any and all Intellectual Property owned or controlled, in whole or in part, by or on behalf of us, is Tubestart Content.
3. Eligibility To Use Our Website
You may become a User, Creator, Supporter or use our Services ONLY if:
- You are 18 years or older or between the ages of 13 and 17 and using our Website and Services with the parental or legal guardian;
- Your Creatorship (if a Creator) or any other use of our Website hasn’t been restricted, suspended or terminated;
- You are not using another Creator's or Supporter’s account without her/his permission;
- You are not impersonating any User, Creator or Supporter.
4. How To Become A Creator
It’s easy to become a Creator by following the steps on our Website at https://www.Tubestart.com
. You must provide us with accurate, truthful and complete information when creating your account (“Creator Account”
) and setting up and managing your Creator Profile. Use your Settings on our Website to control your Creator Profile and to manage how other Creators, User and Supporters communicate with you.
), to send you any notices required by law or that we desire to send you, such as changes to features of our Website, the Service, communications regarding your use of our Website or Service, special offers, marketing, sales and promotional materials. Once you become a Creator, you, not us, are solely and unconditionally responsible and liable for all activity AKN that occurs on your Creator Account and your Crowdfunding Projects, such as any and all losses or damages caused by any unauthorized use of your Creator Account regardless of the reason or cause. You MUST notify us immediately of any breach of security or unauthorized use of your Creator Account.
5. General Terms And Conditions
As a pre and continuing condition of your use of the Service and/or our Website, whether as a User, Creator or Supporter, you unconditionally promise:
- Not to use the Service or our Website out of compliance with any and all applicable local, national and other applicable laws, regulations, ordinances, directives, court orders and this Agreement;
- Not to use the Service or our Website to damage, disable, overburden or impair the Service, our Website, our networks or systems or not to interfere with any other person or entity (“Person”)’s legal or other rights AKN, use or enjoyment of the Service and our Website.
- To ensure you own or have a legal right to use your Provided Content with the Service and do not otherwise infringe the Intellectual Property Rights of others.
By way of example and not limitation, your unconditional promise means you will not use the Service or our Website to:
- To offer, sell or distribute:
i. Controlled substances, such as steroids, narcotics, tobacco products, prescription drugs, so-called “designer drugs” or marijuana;
ii. Medical devices, products or services presenting any actual or possible risk AKN to the safety of any Person;
iii. Drug paraphernalia
iv. Bullying, harassing, obscene, pornographic, sexually oriented or explicit items, materials or services;
v. Stocks, bonds or other securities, real estate, insurance, banking or financial items, materials or services;
vi. Guns, ammunition, firearms, knives, weapons or accessories AKN regulated by law;
vii. Items, materials or services promoting terrorism, violence, financial exploitation, hate, defamation, religious, racial or sexual intolerance, personal injury, death, damage or destruction to Persons or property;
viii. Items, materials or services infringing or violating a Person’s Intellectual Property, privacy, proprietary or any other rights, titles or interests AKN or wrongfully disclosing confidential or proprietary information or trade secrets;
- To engage in, encourage, promote, facilitate or instruct others to engage in, promote or facilitate acts or omissions AKN which are illegal or in our sole subjection discretion (“Discretion”), may or will result in:
i. Infringing or violating a Person’s Intellectual Property, privacy, proprietary or any other rights, titles or interests AKN or wrongfully disclosing confidential or proprietary information or trade secrets;
ii. Promoting terrorism, violence, financial exploitation, hate, defamation, religious, racial or sexual intolerance, personal injury, death, damage or destruction to Persons or property;
iii. Causing risk of or actual, tangible or intangible personal injury or property damage;
iv. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance;
v. Unauthorized self-promotion
vi. Use of our apps or widgets on websites containing content which is contrary to or violates this Agreement;
- Not to:
i. Harvest or otherwise collect information about others (such as e-mail addresses or other personal information) without their consent;
ii. Take any action that imposes, or may impose, in our Discretion, an unreasonable or disproportionately large load on our infrastructure or otherwise may be disruptive, such as "flooding" any group, Creator or our Website with Posts;
iii. Upload, Post, use or otherwise make available any content AKN that contains software viruses or any other corrupt computer code, files, bots, programs or other data AKN that may or does impair the use of any computer software, hardware or telecommunications equipment;
iv. SPAM, use or launch any automated systems AKN, such as so-called “robots," "spiders" or "offline readers” that accesses our Website or Service in a manner that may or does send more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
v. Attempt to or actually interfere with, compromise the system integrity or security, decipher any transmissions to or from our servers or otherwise interfere with the proper working of the our Website or the Service or bypass measures to prevent or restrict access to our Website or Service;
vi. Impersonate another Person or otherwise misrepresent your affiliation with a Person, attempt to or actually commit fraud, hide or attempt to hide your identity;
vii. Make any false or misleading post or comment (such as false or misleading information in a Crowdfunding Project), in your Crowdfunding Project Profile (such as misrepresenting the Beneficiary or Crowdfunding Project purpose). You understand and acknowledge that we are only acting as a passive conduit for your online distribution and publication of your Provided Content, without any obligation AKN to monitor it or monitor disputes between Users, Creators and/or Supporters. You, and not us, are solely responsible for protecting yourself from Provided Content or Tubestart Content which you believe is offensive or harmful. However and notwithstanding the foregoing in this paragraph, you acknowledge and understand we have the irrevocable right, but not the obligation, in our Discretion, to:
- Monitor and/or verify your use at any time as a User, Creator or Supporter;
- permanently or temporarily terminate, suspend, limit or otherwise refuse to permit your access to or use of our Website, the Service or your Creator Account and/or Project Account (sometimes individually and collectively ("Account(s)"), to remove any Provided Content, Posts or other content and/or or block any Person for any reason or no reason at all;
- delay or withhold the payment of or reverse or refund any Contributions (defined in section 6 below) or other amounts, all without notice to you and without liability AKN to you for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement. You agree to immediately use or comply with the DMCA procedures described in section 15 below for any claims of infringement of any Intellectual Property on our Website.
6. How To Create And Post A Project
The purpose of creating and Posting a Crowdfunding Project on Tubestart is to showcase and share certain information about the Project and Crowdfunding Project and elicit feedback and financial contributions ("Contributions"
) from Users and Supporters by following these procedures and rules:
- Create at your sole cost a Crowdfunding Project Profile page for your Project and Post a "Contributions Request”, using the forms you’ll find on our Website. Your Crowdfunding Project Profile must include at a minimum: a custom video pitch; what contributions will be used for; and, milestones for Contributions or otherwise. At each milestone, you have a duty to report back to your Supporters via video message Posted to the Updates section of your Crowdfunding Project. We may in our Discretion require you to provide payment information depending on how Contributions are made. All Crowdfunding Projects are in whole and in part subject to our prior written approval, which we can withhold in our Discretion (“Approval” or “Approved”).
- Tubestart offers two types of Crowdfunding Projects:
i. Subscription Projects allow creators to raise funds through monthly subscription payments. These Projects continue indefinitely and subscribers receive perks, such as access to exclusive content, for as long as their subscription remains active and pay a monthly fee depending on the perk / level chosen.
Contributions can be made and cancelled by Supporters at any point of the Crowdfunding Project and will automatically renew every 30 days until cancelled by the Supporter.
ii. Flexible Projects -- Flexible Projects allow you to keep the money regardless if your Project reaches its goal or not.
iii. Fixed Projects -- Fixed Projects only allow you to keep the moneyif your Project reaches or exceeds its goal.
Set a realistic goal for the total Contributions you wish to raise during your current Crowdfunding Project ("Project Goal") and the date by which you'd like to raise the funds ("Deadline") on your Crowdfunding Project Profile page. The Contribution Deadline can be between thirty (30) and sixty (60) days from the date your Crowdfunding Project is launched.
If you reach your Project Target, you can Post a new Crowdfunding Project to fund the next phase of your Project. The number of Crowdfunding Projects you can create is unlimited.
When you reach your Contributions Deadline, your Contributions Request will automatically close and no more Contributions will be accepted for your Crowdfunding Project.
- Designate a Beneficiary and ensure the Beneficiary sets up an account to receive Contributions (a "Project Account") with one of our designated, independent payment processors ("Processor"), before you Post a Contributions Request. You may designate yourself as the Beneficiary.
- You must ONLY offer non-monetary rewards for Contributions, such as exclusive content, mentioning the Supporter in Project credits, custom thank you videos, dedicate Project episodes or components to Supporters, giving “executive producer” or other Project credits ("Rewards" or "Perks").
- You understand and acknowledge that as a Creator, a User or Contributor can choose your Crowdfunding Project as one of its favorites and add it to their page or list on our Website. You have the right to opt-out by sending an email to support@Tubestart.com.
- As of March 8, 2014 creators who are building a Tubestart Project must have at least 15,000 subscribers or equivalent.
7. Rules Regarding Rewards
You understand and acknowledge that without exception:
- All Rewards must not violate any laws AKN and must otherwise fully comply with this Agreement;
- You must fulfill and provide all Rewards and respond promptly to all questions and comments regarding Rewards. If you are unable to fulfill or provide a Reward, you will immediately notify us and work with the Supporter(s) to reach a mutually satisfactory resolution, such as promptly issuing a refund of that Supporter’s Contribution(s);
- We are not liable or responsible for the fulfillment or provision of Rewards, the failure to fulfill or provide Rewards, the nature or quality of the Rewards and as otherwise disclaimed or limited by this Agreement, such as any and all losses or damages AKN in any manner related to Rewards.
8. Warranties Of User, Creator & Beneficiary
- As a User, you Warrant that:
i. All registration information you submit is truthful and accurate.
ii. You will maintain the accuracy of such information at all times.
iii. You are 13 years of age or older.
iv. Your use of our Website and Service does not and will not violate this Agreement. In our Discretion, your Profile may be deleted and/or your use may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
- We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an account or to Post personal information on our Website. Should we suspect learn that someone under the age of 13 has provided any personal information to or on any of our Website, we will remove that information as soon as possible.
- As a Creator, you Warrant that you:
i. Are the authorized representative of the Beneficiary, with the authority:
A. to solicit Contributions for the Beneficiary; and,
B. to bind the Beneficiary to the terms of this Agreement;
ii. Are solely responsible for complying with all rules, policies and procedures of a Processor;
iii. Will comply with all rules regarding Rewards;
iv. Will respond promptly and honestly to questions and Posting posed by Users and Supporters;
v. Will ensure all Contributions are disbursed timely, properly and legally to the Beneficiary and all contributions are used as described by the Crowdfunding Project;
vi. If, for any reason, you are unable to use Contributions as described in your Crowdfunding Project, you have a duty to work in good faith with your Contributors to reach a mutually satisfactory resolution which may include without limitation, refunding all or part of the Contribution(s); and
vii. Are liable, individually, jointly and severally, with the Beneficiary for the Crowdfunding Project and solely accountable and liable for the use AKN of the Contributions other than as described in the Crowdfunding Project ("Misuse").
- As a Beneficiary, you Warrant that:
ii. Tubestart is neither liable nor responsible AKN for:
A. any Crowdfunding Project not attaining its Project Goal;
B. any refunds including without limitation, for Contributions or Rewards, for any reason or no reason at all.
C. any errors or omissions AKN in the Project Account or caused by a Processor;
D. the failure of the Processor or Creator to pay Contributions to the Beneficiary, provide Rewards or for Misuse of the Contributions; and
E. for Member Content.
iii. Your sole and exclusive remedy and/or damages for any and all claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices EKN including without limitation, actual attorneys and accountancy fees and all costs in any manner related to them in whole and in part (“Claim(s)”) in any manner relating to or resulting from the Crowdfunding Project is against Creator.
9. Contributors & Contributing To Crowdfunding Projects
tubestart may in its Discretion provide you the opportunity to make Contributions to any Crowdfunding Project in any amount you choose. You may contribute to as many Crowdfunding Projects as you like.
All Contributions are non-refundable by Tubestart, are made in your sole discretion and at your sole risk based on your sole, subjective determination and evaluation of that Crowdfunding Project. You are solely responsible for determining the tax deductibility and any and all other tax and other benefits and detriments of any Contribution.
Making a Contribution does not
- give you any rights, titles, interests or ownership AKN in or to that Crowdfunding Project or any Contributions to
- give you any distribution or other exploitation rights AKN;
- give you any rights, titles, interests or ownership AKN to control or otherwise direct the Creator, Beneficiary, Tubestart, the Service, a Crowdfunding Project, Processor or limit or otherwise AKN affect Supporters or Contributions; and,
- create any liability or responsibility AKN on the part of Tubestart to you, any other Supporter, Creator, Beneficiary, a Crowdfunding Project or a Processor, or for any Contribution, all for any reason or no reason.
Rewards offered to you are strictly and solely between you and the Creator and Beneficiary. Tubestart does not represent, warrant, promise or guarantee AKN:
- That Rewards will be delivered or otherwise provided to you;
- That Rewards will be satisfactory to you; or
- The use of any Contributions or the outcome of any Crowdfunding Project. It is up to you, as the Supporter, to ask any and all questions and to undertake any and all due diligence as you solely deem advisable or necessary before you make a Contribution. Tubestart may in its Discretion, but is under no obligation to, seek the refund of Contributions.
10. Fees, Taxes & Verification
All Contributions will be deposited in your Project Account less our fee as listed on our Website. Different fees may apply to nonprofit or discounted Crowdfunding Projects. Fees may be adjusted at any time Discretion. Fees are nonrefundable.
Processor fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our Discretion.
You are responsible to report properly and timely pay for all applicable taxes for all Contributions.
We may in our Discretion verify your and the Beneficiary's identity, the use of the Contributions and the Crowdfunding Project timeline before Contributions are deposited in your Project Account. You must participate in our verification process which may involve an interview and/or document review. Verification may in our Discretion result in a delay of Contributions being transferred, reversed and/or refunded.
Discrepancies in or false or misleading statements or misrepresentations as to the Crowdfunding Project, Beneficiary or uses of Contributions may in our Discretion result in Contributions being refunded and/or Accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary have a duty to ensure that all Contributions are refunded promptly to all Supporters without withholdings or deduction for any fees paid or payable by you.
11. Member Content & Warranty Of Non-Infringement
The Service allows you to post Provided Content. You are solely responsible for your Provided Content that you Post on the Service.
You further Warrant that:
- You are the owner of (or have all the rights and permission required to use) all the Intellectual Property in the Provided Content you Post or as reasonably contemplated by our use of that Provided Content and have the prior written consent of each and every Person who owns and/or controls any of the Provided Content to use such Person's name or likeness in the manner contemplated by the Service and this Agreement. Each Person has released you from any liability AKN that may arise in relation to this use;
- The Provided Content, use of the Provided Content with the Services and our use of the Provided Content will not infringe any Intellectual Property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate this Agreement.
You understand that publishing or Posting your Member Content on the Service is not a substitute for registering it with the U.S. Patent and Trademark Office, U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
12. License Grant Of Provided Content & Project Feedback
By Posting any Provided Content on the Service, you expressly grant and Warrant that you have a right to grant to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all that Provider Content including without limitation, your name, voice and/or likeness as contained in your Provider Content, in whole or in part, and in any and all forms, formats media and technology EKN, in connection with the Service.
- irrevocably assign all worldwide rights, titles and interests AKN in and to all Provided Content posted to a Crowdfunding Project ("Project Feedback") to the Creator that posted that Crowdfunding Project; and,
- irrevocably waive and release the Creator and us from any and all Claims AKN that you now have or may later have in any manner relating to or resulting from Project Feedback including without limitation, Intellectual Property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate this Agreement.
If you Post a Crowdfunding Project, you acknowledge and understand that we are not responsible for your use of Project Feedback and that you use Project Feedback at your sole risk.
13. License Grant To Use Service & Tubestart Content
You understand and acknowledge that your use of the Service (including, without limitation, Tubestart Content) is a privilege and not a right. Subject to this Agreement, Tubestart grants you a non-exclusive, limited, personal license to use the Service in solely accordance with this Agreement. You have a duty to you will (and will ensure that others):
- Use the Service and Tubestart Content in strict compliance with this Agreement; and
- Not create derivative works from any Tubestart Content. Use of the Service or Tubestart Content for any purpose not expressly permitted by this Agreement is strictly prohibited and an intentional breach by you of this Agreement.
Except for your Provided Content and the limited right of use of the Service, Tubestart retains any and all rights, titles and interests EKN in and to the Tubestart Content, all of which are the sole and exclusive property of Tubestart and/or its licensors. Tubestart retains any and all rights, titles and interests EKN in the Service, as well as not expressly granted to you.
Tubestart may in its Discretion terminate this license at any time for any reason or no reason.
14. Use Of Widgets
Tubestart may give you the opportunity to post a "widget," or code that creates a Tubestart graphic and a link to the Sites, on your personal blog, social network profile or other locations on the Internet. You understand and acknowledge that your use of Tubestart widgets is subject to this Agreement, that you will not Post any Tubestart widget on a web page containing content that is prohibited under the "Provided Content" section of this Agreement and that you will remove all Tubestart widgets immediately upon termination of this Agreement.
15. DMCA Takedown Notice
If you believe that your copyrighted content has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Tubestart's copyright agent, per the in the Digital Millennium Copyright Act of 1998 ("DMCA"
). For your complaint to be valid under the DMCA, you MUST provide the following information in writing to our copyright infringement claims agent:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed, or if you claim multiple infringed copyrighted works at a single site are covered by a single notification, a representative list of those works at that site;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Tubestart to contact you, such as your address, telephone number and e-mail address;
- 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, made under penalty of perjury, that the above information you are providing is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Our copyright infringement claims agent can be reached as follows:
Attn: DMCA Notice
604 Arizona Ave, Suite 220
Santa Monica, CA 90403
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJJRY AND/OR CIVIL PENALTIES, INCLUDING ACTUAL AND PUNATIVE MONETARY DAMAGES, COURT COSTS AND ATTORNEYS' FEES.
If you believe that any of your copyrighted content has been removed or disabled maliciously, by mistake or misidentification, please notify our DMCA Agent in writing. Your notification MUST include the following information:
- a physical or electronic signature of the user of the Services;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of maliciousness, mistake or misidentification of the material; and
- your name, street address, email address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found and that you will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of that person.
Please note that this procedure is exclusively for notifying Tubestart and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Tubestart's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice
. It may be advisable for you to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Tubestart has adopted a policy of terminating, in appropriate circumstances in our Discretion, Users who we believe to be repeat infringers. Tubestart may also in its Discretion, without liability AKN, limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property rights of others, whether or not there is any repeat infringement.
. By using the Service, you are consenting to have your personal data transferred to and processed in the United States. Information that you submit through the Service may be transferred to countries outside the European Economic Area ("EEA"
) to provide the Service to you. For example, our servers are in the United States. If we transfer your information outside the EEA, we will take steps to protect your privacy rights.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): Tubestart MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE SERVICE, ON OUR WEBSITE, ANY WEBSITE LINKED TO OUR WEBSITE OR ON ANY OF THE OTHER SITES INCLUDING WITHOUT LIMITATION, THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION, OR ANY OTHER PROVIDED CONTENT STORED ON OUR EQUIPMENT, POSTED TO THE SITES, TRANSMITTED OVER NETWORKS ACCESSED BY OUR WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee
that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand and acknowledge that you provide your personal information at your sole risk.
18. Third-Party Websites, Advertisers Or Services
tubestart may contain links to third-party websites, advertisers, resources or services that are not owned or controlled by Tubestart (“Third Party Sites”
You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, Tubestart and each of our former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (“Relation(s)”
) harmless, at your sole cost and expense, from and against any and all Claims (including actual attorneys’ fees and all costs) occasioned by or arising out of any actual, alleged or anticipated breach (each a “Breach”
20. No Warranties
YOUR USE OF THE SITES IS AT YOUR RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL INFORMATION, PRODUCTS, MATERIALS AND SERVICES EKN PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" AND ‘AS AVAILABLE”, WITHOUT ANY WARRANTIES AKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE AND NON-INFRINGEMENT; THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED SITES ACCESS; FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARRISING OUT OF COURSE OF DEALING, USAGE OR TRADE; WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITES. WITHOUT LIMITING THE FOREGOING, Tubestart, ITS SUBSIDIA1UES, AFFILIATES AND LICENSORS DO NOT WARRANT: THAT Tubestart CONTENT OR ANY PROVIDED CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING WITH OUT LIMITATION ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY MANNER AKN FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT AKN DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR SOLE RISK AND YOU ARE AND REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT EKN AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR OBTAINING. ANY AND ALL PRODUCTS AND SERVICES EKN OBTAINED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE OBTAINED ON OR THROUGH THE SITES, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE MANUFACTURERS, DISTRIBTORS AND/OR SUPPLIERS OF SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THEIR RETURNS AND REFUNDS POLICIES. WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR; MISUSE OR ABUSE; AND, IMPROPER PRODUCT OR SERVICE SELECTION.
21. Limitations Of Liability
Neither we nor our suppliers are responsible or will be liable for any damages to, or any viruses that may infect, your computer, other devices, telecommunication equipment or any other property AKN, caused by or arising from your access to, use of, or browsing the Sites or your downloading of any information or materials from the Sites.
IN NO EVENT WILL WE OR ANY OF OUR RELATIONS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR ANY OF THEIR RESPECTIVE RELATIONS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES AKN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THESE DAMAGES. AKN INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION; ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL OF THE SITES; BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING WITHOUT LIMITATION, UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED IN IT, LOSS OF GOODWILL; TERM1NATION OF THIS AGREEMENT OR YOUR ACCESS TO THE SITES; OR, THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY AKN, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE PRODUCTS OR SERVICES. WE HAVE SET THEIR PRICING BASED ON THESE LIMITATIONS AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TRMS OF USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT ON OR AVAILABLE THROUGH THEM, YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THE LIMITATIONS IN THIS PARAGRAPH 21 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
22. Waiver And Release
) and/or any and all benefits of them of and of any regulation or otherwise that has the same or similar effect or intent as the release in this section 22.
The Service is controlled and operated from its facilities in California. Tubestart makes no representations that the Service is appropriate or available for use in any other locations. Those who access or use the Service from other locations do so at their sole volition and are entirely responsible for compliance with any and all local laws, regulations and ordinances including without limitation, to export and import regulations.
This Agreement and any rights, titles and interests granted under it, may not be transferred or assigned by you in whole or in part, but may in our Discretion be assigned by Tubestart without restriction.
24. Miscellaneous, But Important Provisions
- Termination: We may in our Discretion suspend or terminate your Account and/or access to the Service, without cause or notice. This may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on our Website.
We also have the irrevocable right to change, suspend, or discontinue any or all aspects of the Sites including without limitation, links, at any time without notice, for any reason or no reason. Any and all fees paid to or on behalf of Tubestart are non-refundable. All provisions of this Agreement that by their nature should survive termination do survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If there is any disagreement regarding whether or not a provision survives termination, our decision governs.
We also have the irrevocable right to disclose your identity or other information about you to any third party who claims that material Posted by you or on your behalf violates their rights including without limitation, their Intellectual Property rights or their right of privacy.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed by you and us. Nothing in this section 24 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance is not a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
- Notices. Notices to you may be made in our Discretion by posting to the Sites, by providing links to those notices, by email, messenger, UPS or by other confirmed delivery service (“Delivery Service”) (in the latter three situations, to your most recent address that we have on file). Posted notices are effective on posting. Notices emailed, sent by messenger or Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
- English Language. As a courtesy and convenience only, this Agreement may in our Discretion be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All Claims must be communicated in English.
- Export Compliance. You have a duty to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you Warrant that you are: (i) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time and (ii) not otherwise prohibited under the Export Laws from receiving those products and information.
- Cooperation with Authorities and Law Enforcement. We have the irrevocable right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of possibly illegal conduct. When requested, Tubestart will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or our Website
Our Website © 2013-14 Tubestart Inc., unless otherwise noted. All rights reserved.