Please read the following important terms and
conditions ("Terms of Use") carefully. These Terms of
Use and our Privacy Policy incorporated herein by reference, govern
your access to and use of the Site, including any content, information
products or services therein. This is a legal agreement between
you and Tumtube Pvt. Ltd. ("Tumtube").
Your Acceptance of These Terms and Conditions
By visiting the Tumtube website (collectively, including all
Content available through the Tumtube.com domain name, the "Tumtube
Website", or "Website") and/or using or accessing
Tumtube 's service (the "Service") in any manner,
and whether at the Tumtube website or through a third party
website or other interface, you certify that (a) you are at least
18 years of age, (b) if you are providing access to the Service
to any person who is under 13 years of age, you are such person's
parent or legal guardian and you consent to the use of the Service
by such person only under your direct supervision and subject
to any reasonable verification required by Tumtube, and (c)
you expressly agree to be bound by these terms and conditions
of service (these "Terms"). Your use of the Service
is expressly conditioned upon the certifications listed above
and your acceptance of these Terms. If the certifications above
are not true, or if you do not agree to any part of these Terms,
you may not use the Service. Tumtube reserves the right to update
and revise these Terms from time to time without notice to or
acceptance by you.
Tumtube Website Links
The Tumtube Website may contain/provide, or third parties may
provide, links to other websites or resources. Tumtube has no
control over such sites and resources and assumes no responsibility
for, the content, privacy policies, or practices of any third
party websites. Therefore, you acknowledge and agree that Tumtube
is not responsible for the availability of such external websites
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 websites or resources. In addition, you
acknowledge and agree that Tumtube shall have no responsibility
or liability whatsoever 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
website or resource.
Content
You acknowledge and agree that all information, data, text, software,
music, sound, photographs, graphics, video, messages, goods, products,
services or other materials ("Content") are the sole
responsibility of the person from which such Content originated.
You are entirely responsible for all Content that is uploaded,
posted, transmitted or otherwise made available via the Service
by you or through your account, if any. You understand that Content
may in some cases be viewed through third party websites or interfaces
through which the Service is accessed and/or used and that Tumtube
does not control such third party websites and interfaces. You
represent and warrant that you own or have the necessary rights
in and to any and all Content (including written consent for each
individual person identifiable in such Content to use the name
or likeness of each such person in the manner contemplated by
the Service) uploaded, posted, transmitted or otherwise made available
via the Service by you. Tumtube does not control the Content
posted via the Service and does not guarantee the accuracy, integrity
or quality of any such Content. Tumtube will use commercially
reasonable efforts to block or remove offensive or inappropriate
Content discovered by or reported to Tumtube. However, Tumtube
cannot and will not review all Content, and you understand that
by using the Service, you may be exposed to Content that you find
to be offensive. Under no circumstances will Tumtube be liable
to you or to any third party in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
any access to or use of any Content posted, transmitted or otherwise
made available via the Service. You acknowledge that Tumtube
is under no obligation to pre-screen or otherwise review any Content,
but also that Tumtube and its designees shall have the right
in their sole discretion for any reason and without notice to
refuse, move or remove and discard any Content submitted, posted
or otherwise available via the Service. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
and you shall not rely on the accuracy, completeness, usefulness
or nature of such Content. You acknowledge and agree that Tumtube
may preserve Content and may also disclose Content to others if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms; (c) respond to claims
that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Tumtube,
its users and the public. You understand that the technical processing
and transmission of the Service, including Content, may involve
transmissions over various networks and changes to conform and
adapt to technical requirements of connecting networks or devices.
License to Content
Tumtube does not claim ownership of your Content posted, transmitted
or otherwise made available by you via the Service. By submitting
Content via the Service, and until such Content is removed, you
grant Tumtube a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish such Content solely
for the purpose of providing the Service.
Intellectual Property Rights
You acknowledge and agree that the Service and any software accessed
through or provided in connection with the Service contains proprietary
and confidential information of Tumtube, its licensors and others
that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained
in advertisements or information presented to you in connection
with or through the Service is protected by laws and regulations
relating to copyrights, trademarks, service marks, patents or
other proprietary rights. Except as expressly authorized by Tumtube
or its licensors or advertisers, as applicable, you agree not
to modify, copy, rent, lease, loan, sell, resell, distribute,
create derivative works from, or exploit the Service or such software,
in whole or in part. Any Content or other information, materials
or ideas transmitted by you to Tumtube may be disseminated or
used by Tumtube or its affiliates for any purpose without compensation
or liability, including without limitation in developing, manufacturing,
marketing and selling products and services, subject to Content
and certain other information provided by you that is covered
by Tumtube's privacy policy. Further 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 Tumtube Website or features that prevent or
restrict use or copying of any Content or enforce limitations
on use of the Tumtube Website or the Content therein
User Submissions
A. The Tumtube 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, Tumtube
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 Tumtube 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 Tumtube, you hereby grant
Tumtube 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 Tumtube Website and Tumtube's (and
its successor's) business, including without limitation for promoting
and redistributing part or all of the Tumtube Website (and derivative
works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Tumtube 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 Tumtube 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 Tumtube all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage Tumtube 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. Tumtube does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and Tumtube expressly disclaims any and all liability
in connection with User Submissions. Tumtube does not permit
copyright infringing activities and infringement of intellectual
property rights on its Website, and Tumtube will remove all
Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property
rights. Tumtube reserves the right to remove Content and User
Submissions without prior notice. Tumtube 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. Tumtube 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. Tumtube 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 to us at copyrights@Tumtube.com.
E. You understand that when using the Tumtube Website, you will
be exposed to User Submissions from a variety of sources, and
that Tumtube is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or
may have against Tumtube with respect thereto, and agree to
indemnify and hold Tumtube, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
F. Tumtube permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, Tumtube
provides an "Embeddable Player" feature, which you may
incorporate into your own personal, non-commercial websites for
use in accessing the materials on the Website, provided that you
include a prominent link back to the Tumtube website on the
pages containing the Embeddable Player. Tumtube reserves the
right to discontinue any aspect of the Tumtube Website at any
time.
Impression and Click Fraud
You shall not, and shall not authorize any party to generate
automated, fraudulent or otherwise invalid impressions or clicks.
If, in Tumtube's reasonable business judgment, activity related
to your Account is suspected or determined to be so-called "click-fraud"
or "impression fraud" (the illicit manipulation of advertising
revenue), whether in any automated or human way, by the use of
a person, an automated script or a computer program (for example,
online robots or "bots") to click on a Site advertisements,
or any other fraudulent means, to increase impressions, skew results
or imitate a legitimate user of a web browser clicking on an ad
for the purpose of generating an improper click value and generating
revenue, Tumtube may suspend or otherwise disable your Account
until such time as the matter is resolved to Tumtube's satisfaction.
You acknowledge that Tumtube, or a third-party designated by
Tumtube, may use cookies to monitor visitor information in order
to track suspicious clicks through source and behavior of the
click traffic in accordance with the Privacy Policy. Tumtube
retains the right not to credit your Account for those clicks
that it reasonably determines or suspects are fraudulent.
Indemnification
You agree to defend, indemnify and hold harmless Tumtube, its
affiliates, officers, directors, employees and agents, 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: (a) your use of and access to the Service;
(b) your violation of any of these Terms; (c) your violation of
any third party right, including without limitation any copyright,
property, or privacy right; or (d) any claim that any Content
uploaded, posted, transmitted or otherwise made available by you
via the Service caused damage to a third party. This defense and
indemnification obligation will survive these Terms and your use
of the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Tumtube EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) Tumtube
WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER,
Tumtube IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT
OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT
OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION
OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED
USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE
FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT
MAY RESIDE ON THE SERVICE. Tumtube DOES NOT WARRANT THAT (i)
THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED;
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tumtube SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Tumtube HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING,
AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION
ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability
for certain types of damages. Accordingly, some of the above disclaimers
and limitations may not apply to you.
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 13, as the Tumtube Website is not intended for children
under 13. If you are under 13 years of age, then please do not
use the Tumtube Website—there are lots of other great
web sites for you. Talk to your parents about what sites are appropriate
for you.
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 Tumtube without restriction.
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