TERMS OF USE

(The last update to our terms of use was posted on 3 JUNE 2017)

This web page represents a legal document that serves as our License Agreement between us and the users and it governs the legal terms of our Site, Tubable.com, sub-domains, and any associated web-based and mobile applications (collectively, "site"), as owned and operated by Braincode Consulting Corp.

Capitalized terms, unless otherwise defined, have the meaning specified within the definitions section below. This terms of use, along with our privacy policy, any mobile license agreement, and other posted guidelines within our Site, collectively "legal terms", constitute the entire and only agreement between you and Tubable.com, and supersede all other agreements, representations, warranties and understandings with respect to our Site and the subject matter contained herein.

We may amend our legal terms at any time without specific notice to you. The latest copies of our legal terms will be posted on our Site, and you should review all legal terms prior to using our Site. After any revisions to our legal terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our legal terms to make sure you still agree to them. By using our Site, you agree to fully comply with and be bound by our legal terms. Please review them carefully.

If you do not accept our legal terms, do not access and use our Site. If you have already accessed our Site and do not accept our legal terms, you should immediately discontinue use of our Site.

DEFINITIONS

The terms "us" or "we" or "our" refers to Tubable.com and the owner of the Site.

A "visitor" is someone who merely browses our Site, but has not registered as member.

A "member" is an individual that has registered with us to use our service.

Our "service" represents the collective functionality and features as offered through our Site to our members.

A "user" is a collective identifier that refers to either a visitor or a member.

All text, information, graphics, audio, video, and data offered through our Site are collectively known as our “content”

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Site.

Tubable.com reserves the right to investigate complaints or reported violations of our legal terms and to take any action we deem appropriate, including but not limited to canceling your member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, ip addresses and traffic information, as allowed under our privacy policy.

INTELLECTUAL PROPERTY

Our Site may contain our service marks or trademarks or logo as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/ trademark owner.

LINKS TO OTHER SITES

Our Site may contain links to third party Sites including but not limited to advertisements, social media networks etc. By linking to these Sites, we do not create or have an affiliation with, or sponsor such third party Sites.

The inclusion of links within our Site does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Sites. Tubable.com has no control over the legal documents and privacy practices of third party Sites; as such, you access any such third party Sites at your own risk.

ADVERTISEMENTS

Users my find advertisements on our site, some of these ads can be 3rd party ads. The inclusion of 3rd party ads on our site doesn’t constitute any endorsement of products/services displayed.  We do not have any control over the sites linked to these Ads and we cannot be held responsible for compatibility, security, accuracy or fitness of these website.

LICENSE

The Tubable.com mobile applications are licensed to Braincode Consulting Corp, not sold, to you, and we retains ownership of all copies of the Tubable app even after installation on your Devices.

USER GENERATED CONTENT

Tubable members may upload videos (“post”) content to the Service. Any Videos uploaded by members will be referred as (“User Content”).

You as a member of our App represent that you have all the right to post any User Content and that such User Content, or its use by us or our employees as reflected by this Agreement, does not violate these License Agreements, pertinent law, or the intellectual property rights of others.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on Tubable.

You also grant other members of Tubable a non-exclusive, royalty-free, worldwide license to use your content to create a playlist on the app, use for their personal use, use on their website etc.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Tubable.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site.

Tubable.com makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these License Agreement shall be construed so as to exclude or limit the liability of Tubable.com for death or personal injury as a result of the negligence of Site or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold Tubable.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Tubable.com arising out of any breach by you of these License Agreement or other liabilities arising out of your use of this Site.

SEVERANCE

If any of these License Agreement should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining License Agreement shall survive and remain in full force and effect and continue to be binding and enforceable.

GENERAL TERMS

Our legal terms shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Canada without regard to conflict of law principles.

In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our legal terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any content in our Site conflicts or is inconsistent with our legal terms, our legal terms shall take precedence. Our failure to enforce any provision of our legal terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Tubable.com under our legal terms shall survive the termination of our legal terms.

If you have any queries or concern regarding this license agreement, please contact us using contact form or email us at admin@tubable.com