Tubenation Terms of Use

1. ACCEPTANCE OF TERMS

The webpages available at www.tubenation.com, and all linked pages ("Site"), are accessed by you under the Terms of Use described below ("Terms of Use"). Please read these Terms of Use carefully before using the services.

BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.

MODIFICATIONS OF TERMS OF USE
Tubenation reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time without providing notice to you. It is your duty to be kept informed of the current Terms of Use. If you continue to use the services on the site after changes to the Terms of Use have been made, such use constitutes your binding acceptance of the updated Terms of Use. You should cease using the Services if the Terms of Use are no longer acceptable to you.

CHILDREN 13 AND UNDER ARE INELIGIBLE TO USE TUBENATION'S SERVICES
If you are thirteen years old or younger, you are prohibited from registering for, or using the Services on this website. By using the Services provided by this website, you warrant to Tubenation that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Services are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Services are inappropriate for your child.

2. DESCRIPTION OF SERVICES

Subject to full compliance with the Terms of Use, Tubenation may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Tubenation performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Tubenation may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Tubenation may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

3. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Tubenation and select a password and screen name ("Tubenation User ID"). You shall provide Tubenation with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Tubenation account. You may not (i) select or use as a Tubenation User ID a name of another person with the intent to impersonate that person; (ii) use as a Tubenation User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Tubenation User ID a name that is otherwise offensive, vulgar or obscene. Tubenation reserves the right to refuse registration of, or cancel a Tubenation User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Tubenation password.

4. PRIVACY

Use of the Website and/or the Service is also governed by our Privacy Policy.

5. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Tubenation.

By way of example, and not as a limitation, you agree not to use the Services:

  1. to abuse, harass, threaten, impersonate or intimidate other Tubenation users;
  2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tubenation user;
  5. to create or submit unwanted email ("Spam") to any other Tubenation users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to submit articles or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing articles (source hops), or off-topic content;
  8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

Tubenation may remove any Content and/or Tubenation accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@tubenation.com

6. COPYRIGHT

All uploaded, submitted or otherwise disclosed or distributed Content of any kind at or on the Site or otherwise through the Services (including, but not limited to, user generated Content), unless source quoted, hereby falls under the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/

7. COPYRIGHT COMPLAINTS

Tubenation respects the intellectual property of others. If you believe that your work has been copied in a way that constitues copyright infringement, please email abuse@tubenation.com.

8. COPYRIGHT INFRINGEMENT

We are not liable for any infringement of copyright arising out of materials posted on or transmitted through our site, or items advertised on the site, by end users or any other third parties. In the event that you believe that your rights in copyright are being violated by any materials posted or transmitted through our site, contact us as soon as possible in order that an investigation be commenced and, if necessary, block or remove the infringing materials. We will revoke authorization to access the site for repeat infringers.

9. INDEMNITY

You will indemnify and hold harmless Tubenation, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i)any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Tubenation User ID, of any intellectual property or other right of any person or entity.

10. WARRANTY DISCLAIMERS

You acknowledge that Tubenation has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Tubenation from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Tubenation makes no representations concerning any content contained in or accessed through the Site, and Tubenation will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tubenation has no control over such sites and resources, you acknowledge and agree that Tubenation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tubenation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY TUBENATION PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH TUBENATION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY TUBENATION PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

13. TERMINATION

Tubenation may terminate or suspend any and all Services and your Tubenation account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Tubenation account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS

The Terms of Use, including the policies referred to in the Terms of Use, constitute the entire agreement between you and Tubenation and govern your use of the Services, superceding any prior agreements between you and Tubenation. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tubenation services, affiliate services, third-party content or third-party software. These Terms of Use cannot be changed or terminated orally.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Tubenation in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tubenation shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tubenation's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Tubenation's prior written consent. Tubenation may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

Notice: We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Tubenation at http://www.tubenation.com/contact.

Assignment: You agree that the Terms of Use may be automatically assigned, in whole or in part, by Tubenation or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.

Choice of Law and Forum: The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

Waiver and Severability of Terms: The failure of Tubenation to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.