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These terms of service (the "Terms") govern your use of this application and associated services (collectively, the "Services") offered by the Company identified below ("Company" or "We").
If you do not agree to all of these terms, please do not use the Services. By accessing or using our Services, you agree to these terms.
The Services contain mostly content created and supplied by third parties providers ("Third Party Content"). While we do not accept any obligation to monitor,
screen, review, flag, moderate or remove any Third Party Content, we reserve the right to do so as necessary. We also reserve the right to remove any Third Party Content temporarily or
permanently for any reason, including where we believe that any such content breaches these terms, violates our policies, breaches the intellectual property rights or any other rights
of any third party, breaches any applicable law, is pornographic, obscene or otherwise inappropriate, contains any virus, malware, other harmful software, or may have an adverse impact on the Services.
Take Down Policy.
We do not permit infringing activities or infringement of intellectual property rights via the Services and will remove content when properly notified
by others that such infringes on another's intellectual property rights. If you find that our Services contain any alleged infringement or misappropriation of your intellectual
property rights ("Protectable Work"), please follow these instructions and send us written notice to the address below, and include a physical or electronic signature with your
notice, that states all of the following:
- Identify the Protectable Work you believe is being infringed. Include any applicable copyright/trademark registration numbers.
- Provide sufficient information to identify the work you believe is infringing upon the Protectable Work and include a description of where it is located on our Services.
- Your name, address, phone number and email address
- State whether you are the owner of the Protectable Work or state the specific basis for your authority to act on behalf of the owner of the Protectable Work.
- Please include the following statement: "The information in this notice is accurate and under penalty of perjury, I am is authorized to act on behalf of the owner and I
have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law."
- Send to the mail or email address below and please include in the subject line: Attn: Infringement Agent.
Using Our Services
You may use the Services only for your personal, non-commercial use. You may not use the Services for any revenue generating endeavor, commercial enterprise,
or any other purpose (legal or illegal).
Systematic retrieval of data or contents from the Services to compile a database or directory is prohibited. You may not access or scrape the Services by any
automated means (unless you are a search engine crawling the Services for the sole purpose of creating a publicly accessible search index).
Don't misuse our Services such as using or launching any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers"
that accesses the Services in a manner that sends more search requests in a given period of time. You may not copy, reproduce or distribute any aspect of our Services,
including without limitation, its content, logos, design, and arrangement, except as permitted by the Services (such as the share function to share Third Party Content).
You may not reverse engineer or create derivative works of any portion of the Services.
You may not take any action that imposes or may impose an unreasonable or disproportionately large load or excessive traffic demands on the Services.
Do not attempt to gain unauthorized access to our computer systems or networks associated with the Services or use the Services to transmit any computer virus, worms, or
other items of a destructive nature. Do not bypass any technical protections or throttling that we institute.
Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Company retains all right, title and interest in the Services, including all technology and processes, enhancements and modifications thereto,
trademarks, service marks, design, text, video, graphics, logos, images and icons, as well as the arrangement thereof, excluding all third party trademarks and Third Party Content,
which remain the property of their respective owners. Without limiting the foregoing, except as otherwise required or limited by law, any reproduction, distribution, modification,
retransmission, or publication of any materials is strictly prohibited.You may use the Services only as expressly authorized herein and only as permitted by law.
Third Party Trademarks and Content
The Services utilize Third Party Content. Use of any Third Party Content and third party trademarks on or in connection with the
Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Terms grants you any license to Third Party Content or third party trademarks,
which remain the property of their respective owners
We are constantly developing the Services. This means that we may change or discontinue any aspect or functionality of the Services at any
time without notice or liability to you. In addition, we may change all or part of the Terms at any time and we will post the revised terms. YOUR CONTINUED USE
OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE UPDATED TERMS.
Indemnity, Disclaimers and Limits on Liability
You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees,
agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties,
attorney fees and expert witness fees) ("Liabilities") incurred by Covered Entities arising out of or relating to the Services and any failure to comply with
this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with the defense of such claim.
WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT
ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR
REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR
REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW)
REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE
ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER
PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR
USE OF ANY SERVICES, COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS
PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICES OR FEATURE OF THE SERVICES RELEVANT TO THE CLAIM, OR (2) US$100.00.
We do not want to receive information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements
to the Services, we may use such suggestions, content and/or ideas for all purposes, with no compensation or attribution to you.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. This Agreement will not be construed
against either party as the drafter. These Terms are governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation
arising from or related to the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described herein.
Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding
arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following
rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or
witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator's award entered as a judgment in any court of
competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party's individual capacity and not as a plaintiff or class member in
any class action or other similar proceeding. This agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would.
The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement.
TUBE PLAYER, INC., 130 W. Union St., Pasadena, CA 91103. You may contact us at firstname.lastname@example.org.
Dated: July 2016