Term Of Use

1. YOUR ACCEPTANCE
BY CLICKING THE I HAVE READ AND AGREE TO THE TERMS OF USE BUTTON APPEARING AT THE BOTTOM OF THIS AGREEMENT AND USING AND/OR VISITING THE TUBEDTV WEBSITE (THE WEBSITE), YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "AGREEMENT") AND THE TERMS AND CONDITIONS OF TUBEDTV'S PRIVACY POLICY, WHICH ARE PUBLISHED AT HTTP://WWW.TUBEDTV.COM/PRIVACY/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

2. TUBEDTV WEBSITE
THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE TUBEDTV WEBSITE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF VIDEO CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE. THE TUBEDTV WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY TUBEDTV. TUBEDTV HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, PRIVACY POLICIES, THE CONTENT, OR PRACTICES OF ANY THIRD PARTY WEBSITES. IN ADDITION, TUBEDTV WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THIS WEBSITE, YOU EXPRESSLY RELIEVE TUBEDTV FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, WE ENCOURAGE YOU TO BE AWARE WHEN YOU LEAVE THE TUBEDTV WEBSITE AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH OTHER WEBSITE THAT YOU VISIT.

3. USER SUBMISSIONS
A. THE TUBEDTV WEBSITE MAY NOW OR IN THE FUTURE PERMIT THE SUBMISSION OF VIDEOS 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, TUBEDTV DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUBMISSIONS.

B. 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: (I) YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE TUBEDTV 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 (II) 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. FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING THE USER SUBMISSIONS TO TUBEDTV, YOU HEREBY GRANT TUBEDTV A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, SUBLICENSEABLE AND TRANSFERABLE LICENSE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS IN CONNECTION WITH THE TUBEDTV WEBSITE AND TUBEDTV'S (AND ITS SUCCESSOR'S) BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF THE TUBEDTV WEBSITE (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. YOU ALSO HEREBY GRANT EACH USER OF THE TUBEDTV WEBSITE A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER SUBMISSIONS THROUGH THE WEBSITE, AND TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY AND PERFORM SUCH USER SUBMISSIONS AS PERMITTED THROUGH THE FUNCTIONALITY OF THE WEBSITE AND UNDER THESE TERMS OF SERVICE. THE FOREGOING LICENSE GRANTED BY YOU TERMINATES ONCE YOU REMOVE OR DELETE A USER SUBMISSION FROM THE TUBEDTV WEBSITE.

C. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT 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 TUBEDTV ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE TUBEDTV OR ANY THIRD PARTY; (III) 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; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON. TUBEDTV DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND TUBEDTV EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. TUBEDTV DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND TUBEDTV WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. TUBEDTV RESERVES THE RIGHT TO REMOVE CONTENT AND USER SUBMISSIONS WITHOUT PRIOR NOTICE. TUBEDTV 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. TUBEDTV 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. TUBEDTV 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.

D. 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): (I) A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED; (II) INFORMATION REASONABLY SUFFICIENT TO PERMIT THE SERVICE PROVIDER TO CONTACT YOU, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, AN ELECTRONIC MAIL; (III) 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; (IV) 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; (V) 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 (VI) 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. TUBEDTV'S DESIGNATED COPYRIGHT AGENT TO RECEIVE NOTIFICATIONS OF CLAIMED INFRINGEMENT IS: ALAN BOYD, TUBEDTV, INC., 1141 11TH COURT JUPITER, FLORIDA 33477 EMAIL: admin@TUBEDTV.COM. FOR CLARITY, ONLY DMCA NOTICES SHOULD GO TO THE COPYRIGHT AGENT. 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.

E. HOW TO WRITE A PROPER DMCA NOTICE
A PROPER DMCA NOTICE WILL NOTIFY TUBEDTV OF PARTICULAR FACTS IN A DOCUMENT SIGNED UNDER PENALTY OF PERJURY. WE REFER TO THIS AS A “PROPER DMCA NOTICE.” TO WRITE A PROPER DMCA NOTICE, PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. IDENTIFY YOURSELF AS EITHER: a. THE OWNER OF A COPYRIGHTED WORK(S), OR b. A PERSON “AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.” 2. STATE YOUR CONTACT INFORMATION, INCLUDING YOUR TRUE NAME, STREET ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS. 3. IDENTIFY THE COPYRIGHTED WORK THAT YOU BELIEVE IS BEING INFRINGED, OR IF A LARGE NUMBER OF WORKS ARE APPEARING AT A SINGLE WEBSITE, A REPRESENTATIVE LIST OF THE WORKS. 4. IDENTIFY THE MATERIAL THAT YOU CLAIM IS INFRINGING YOUR COPYRIGHTED WORK, TO WHICH YOU ARE REQUESTING THAT TUBEDTV DISABLE ACCESS OVER THE WORLD WIDE WEB. 5. IDENTIFY THE LOCATION OF THE MATERIAL ON THE WORLD WIDE WEB BY PROVIDING “INFORMATION REASONABLY SUFFICIENT TO PERMIT TUBEDTV TO LOCATE THE MATERIAL” SUCH AS TITLE AND WEB URL. 6. STATE 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 AGENTS, OR THE LAW.” 7. STATE THAT THE INFORMATION IN THE NOTICE IS ACCURATE, UNDER PENALTY OF PERJURY. SIGN THE NOTICE WITH EITHER A PHYSICAL OR ELECTRONIC SIGNATURE.

WHAT WE DO WHEN WE RECEIVE A PROPER DMCA NOTICE
TUBEDTV WILL FOLLOW THE PROCEDURES PROVIDED IN THE DCMA, WHICH PRESCRIBED A NOTICE AND TAKEDOWN PROCEDURE, SUBJECT TO THE WEBMASTER’S RIGHT TO SUBMIT A COUNTER-NOTIFICATION CLAIMING LAWFUL USE OF THE DISABLED WORKS.

NOTICE AND TAKEDOWN PROCEDURE
IT IS EXPECTED THAT ALL USERS OF ANY PART OF THE TUBEDTV SYSTEM WILL COMPLY WITH APPLICABLE COPYRIGHT LAWS. HOWEVER, IF TUBEDTV IS NOTIFIED OF CLAIMED COPYRIGHT INFRINGEMENT, OR OTHERWISE BECOMES AWARE OF FACTS AND CIRCUMSTANCES FROM WHICH INFRINGEMENT IS APPARENT, IT WILL RESPOND EXPEDITIOUSLY BY REMOVING, OR DISABLING ACCESS TO, THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY. TUBEDTV WILL COMPLY WITH THE APPROPRIATE PROVISIONS OF THE DMCA IN THE EVENT A COUNTER NOTIFICATION IS RECEIVED BY ITS DESIGNATED AGENT.

SUBMISSION OF MISLEADING INFORMATION
THE SUBMISSION OF MISLEADING INFORMATION OF ANY SORT IN A NOTIFICATION OR COUNTER-NOTIFICATION SUBMITTED TO TUBEDTV VOIDS ANY CLAIM OF RIGHT MADE BY THE SUBMITTING PARTY.

4. INTELLECTUAL PROPERTY RIGHTS
THE CONTENT ON THE TUBEDTV WEBSITE, EXCEPT ALL USER SUBMISSIONS (AS DEFINED BELOW), INCLUDING WITHOUT LIMITATION, THE TEXT, SOFTWARE, SCRIPTS, GRAPHICS, PHOTOS, SOUNDS, MUSIC, VIDEOS, INTERACTIVE FEATURES AND THE LIKE ("CONTENT") AND THE TRADEMARKS, SERVICE MARKS AND LOGOS CONTAINED THEREIN ("MARKS"), ARE OWNED BY OR LICENSED TO TUBEDTV, 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. TUBEDTV 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. 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 TUBEDTV WEBSITE OR FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY CONTENT OR ENFORCE LIMITATIONS ON USE OF THE TUBEDTV WEBSITE OR THE CONTENT THEREIN.

5. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE TUBEDTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TUBEDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TUBEDTV 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 TUBEDTV WEBSITE. TUBEDTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TUBEDTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TUBEDTV 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.

IN NO EVENT SHALL TUBEDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER 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, AND/OR (V) 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 TUBEDTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TUBEDTV 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. THE WEBSITE IS CONTROLLED AND OFFERED BY TUBEDTV FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TUBEDTV MAKES NO REPRESENTATIONS THAT THE TUBEDTV WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE TUBEDTV WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 6. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TUBEDTV AND ITS PARENT, SUBSIDIARIES, AGENTS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, 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: (I) YOUR USE OF AND ACCESS TO THE WEBSITE, INCLUDING ANY DATA OR WORK TRANSMITTED OR RECEIVED BY YOU; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY; (V) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY USER SUBMISSION THAT YOU PROVIDE TO TUBEDTV; OR (VI) ANY OTHER PARTYS ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

7. THIRD-PARTY WEBSITES
THE WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY TUBEDTV. TUBEDTV HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES. IN ADDITION, TUBEDTV WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE TUBEDTV FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, WE ENCOURAGE YOU TO BE AWARE OF WHEN YOU LEAVE THE WEBSITE, AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF ANY THIRD-PARTY WEBSITE THAT YOU VISIT.

8. LIMITATION OF LIABILITY
SURFING AND THE OTHER ACTIVITIES SHOWN ON THIS SITE ARE DANGEROUS. TUBEDTV, INC. DOES NOT ENDORSE THE ACTIVITIES SHOWN AND DESCRIBED ON THIS SITE NOR ENCOURAGE USERS OF THIS SITE TO ENGAGE IN THE ACTIVITIES DEPICTED HEREIN. BY ENGAGING IN SURFING OR ANY OF THE OTHER ACTIVITIES SHOWN ON THIS SITE YOU ARE DOING SO AT YOUR OWN RISK. AGREEING TO THIS TERMS OF SERVICE OR ENGAGING IN THE ACTIVITIES SHOWN AND DESCRIBED ON THIS SITE IN ANY MANNER WHATSOEVER CONSTITUTES A COMPLETE WAIVER AND RELEASE OF ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION AGAINST TUBEDTV, INC., ITS DEVELOPERS AND ITS RELATED ENTITIES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TUBEDTV, ITS OFFICERS, EMPLOYEES, LISCENSORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, (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 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 TUBEDTV 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TUBEDTV 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. THE WEBSITE IS CONTROLLED AND OFFERED BY TUBEDTV FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TUBEDTV MAKES NO REPRESENTATIONS THAT THE TUBEDTV WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE TUBEDTV WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

9. 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 14, AS THE TUBEDTV WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 14. IF YOU ARE UNDER 14 YEARS OF AGE, THEN PLEASE DO NOT USE THE TUBEDTV WEBSITE -- THERE ARE LOTS OF OTHER GREAT WEB SITES FOR YOU. YOUR PARENTS CAN GUIDE YOU TO SITES ARE APPROPRIATE FOR YOU.

10. ASSIGNMENT
THESE TERMS OF SERVICE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY TUBEDTV WITHOUT RESTRICTION.

11. SURVIVAL
THE PROVISIONS OF SECTIONS 5, 6, 7, 8, 9, 10, 11, AND 12 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

12. GENERAL
YOU AGREE THAT: (I) THE WEBSITE SHALL BE DEEMED SOLELY BASED IN FLORIDA; AND (II) THE WEBSITE SHALL BE DEEMED A PASSIVE WEBSITE THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER TUBEDTV, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN FLORIDA. THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF FLORIDA, WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. ANY CLAIM OR DISPUTE BETWEEN YOU AND TUBEDTV THAT ARISES IN WHOLE OR IN PART FROM THE WEBSITE SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN PALM BEACH COUNTY, FLORIDA. THIS AGREEMENT, TOGETHER WITH THE PRIVACY POLICY AT HTTP://WWW.TUBEDTV.COM/PRIVACY.PHP AND ANY OTHER LEGAL NOTICES PUBLISHED BY TUBEDTV ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND TUBEDTV CONCERNING THE WEBSITE. IF ANY PROVISION OF THIS AGREEMENT IS DEEMED INVALID BY A COURT OF COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY TERM OF THIS AGREEMENT SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM, AND TUBEDTV'S FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. TUBEDTV RESERVES THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT FOR ANY CHANGES. YOUR USE OF THE WEBSITE FOLLOWING ANY AMENDMENT OF THIS AGREEMENT WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ITS REVISED TERMS. BY ACCESSING THE WEBSITE AND/OR BY SIGNING UP YOU AGREE TO THE TERMS OF USE AND PRIVACY POLICY, AND ALSO REPRESENTS THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND CONDITIONS, ARE DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF YOURSELF, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.