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Tubedude.com User Agreement

Tubedude.com is a computer and internet community which allows its users to view, share and upload various videos for viewing by the general community. The services offered by Tubedude.com ("Tubedude.com" or "we") include the Tubedude.com website (the "Tubedude website") and any other features, content, or applications offered from time to time by Tubedude.com in connection with the Tubedude website (collectively, the "Tubedude services"). Tubedude services are hosted in the United States.

This User Agreement ("Agreement") sets forth the legally binding terms for your use of the Tubedude services. By making use of the Tubedude services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Tubedude website) or you are a "Member" (which means that you have registered with Tubedude.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Tubedude services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should immediately leave the Tubedude website and discontinue use of the Tubedude services immediately. If you wish to become a Member, communicate with other Members and make use of the Tubedude services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement sets forth Tubedude.com's policy for acceptable use of the Tubedude services and Content posted on the Tubedude website, your rights, obligations and restrictions regarding your use of the Tubedude services and Tubedude.com's Privacy Policy. In order to participate in certain Tubedude services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tubedude services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: tubular@tubedude.com, Subject: User Agreement.

Tubedude.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Tubedude services at any time, for any or no reason, with or without prior notice, and without liability. Tubedude.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Tubedude services if Tubedude.com determines, in its sole discretion, that you pose a threat to Tubedude.com and/or its Users.

Your Tubedude.com profile may not include the following items: any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Tubedude.com Members (for instance, in their Profile) may contain inaccurate, defamatory, inappropriate, offensive or sexually explicit material, products or services, and Tubedude.com assumes no responsibility or liability for this material. If you become aware of misuse of the Tubedude services by any person, please contact Tubedude.com or click on the "Report Inappropriate Content" link at the bottom of any Tubedude.com page.

Tubedude.com may modify this Agreement from time to time and such modification shall be effective upon posting by Tubedude.com on the Tubedude website. You agree to be bound to any changes to this Agreement when you use the Tubedude services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes or modifications.
  1. Term of Agreement. This Agreement shall remain in full force and effect for the entirety of your use of the Tubedude services. You may terminate your Membership at any time, for any reason, by following the appropriate instructions on the Member's Account Settings page. Tubedude.com may terminate your Membership at any time, without warning and for any reason. Tubedude shall not be liable for any claims arising out of such termination. This Agreement shall remain in effect after its termination.
  2. User and Membership Eligibility. Use of and Membership in the Tubedude services is void where prohibited. By using the Tubedude services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Tubedude services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe for any reason, whether true or not, that you are under 13 years of age.
  3. Password. You agree to create a password when you sign up to become a Member. You are entirely responsible for maintaining the confidentiality of your password. You shall not use the account, username, or password of another Member at any time or disclose your password to any third party. You agree to notify Tubedude.com immediately in the event that you suspect any unauthorized use of your Tubedude.com account or access to your password. You are solely responsible for any and all use of your account. Tubedude.com assumes no responsibility or liability for any unauthorized use of your account, including but, not limited to, identity theft, by a third party.
  4. Proprietary Rights and Licensing of Content on Tubedude.com.
    1. Tubedude.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Tubedude services. After posting your Content to the Tubedude services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Tubedude services, you hereby grant to Tubedude.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Tubedude services. The license you grant to Tubedude.com is non-exclusive (which means that you are free to license your Content to anyone else in addition to Tubedude.com), fully-paid and royalty-free (which means that Tubedude.com is not required to pay you for the use on the Tubedude services of the Content that you post), sub-licensable and freely transferable (so that Tubedude.com may use its affiliates and subcontractors such as Internet content delivery networks to provide the Tubedude services), and global (because the Internet and the Tubedude services are global in reach and scope). This license will terminate at the time you remove your Content from the Tubedude services. The license does not grant Tubedude.com the right to sell your Content, nor does the license grant Tubedude.com the right to distribute your Content outside of the Tubedude services.
    2. You represent and warrant that: (i) you own the Content posted by you on or through the Tubedude services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tubedude services does not violate the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents and/or contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Tubedude services.
    3. The Tubedude services contain Content of Tubedude.com ("Tubedude.com Content"). Tubedude.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Tubedude.com owns and retains all rights in the Tubedude.com Content and the Tubedude services. Tubedude.com hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Tubedude.com Content (excluding any software code) solely for your personal use in connection with viewing the Tubedude website and using the Tubedude services.
    4. The Tubedude services contain Content of Users and other Tubedude.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Tubedude services.
  5. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Tubedude.com's policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Tubedude.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Tubedude services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tubedude services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tubedude.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Tubedude.com, email: copyrightagent@tubedude.com.
  6. Posted Content.
    1. Tubedude.com may delete any Content that in the sole discretion of Tubedude.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Tubedude.com assumes no responsibility for monitoring the Tubedude services for inappropriate Content or conduct. If at any time Tubedude.com chooses, in its sole discretion, to monitor the Tubedude services, Tubedude.com nonetheless assumes no responsibility for any Content, no obligation to modify, remove or monitor any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Tubedude services, and any material or information that you transmit to other Members and for your interactions with other Users. Tubedude.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Tubedude.com prior to posting and does not necessarily reflect the opinions or policies of Tubedude.com. Tubedude.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  7. Fees. You acknowledge that Tubedude.com reserves the right to charge for the Tubedude services and to change its fees from time to time in its sole discretion. If Tubedude.com terminates your Membership, you shall not be entitled to the refund of any unused portion of subscription fees.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is prohibited from posting on or through the Tubedude services. Tubedude.com reserves the right to investigate and take appropriate legal action against anyone who, in Tubedude.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Tubedude services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tubedude.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    10. solicits passwords or personal identifying information for unlawful purposes from other Users;
    11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    12. includes a photograph of another person that you have posted without that person's consent; or
    13. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    The following is a partial list of the kind of activity that is prohibited on the Tubedude website and through your use of the Tubedude services. Tubedude.com reserves the right to investigate and take appropriate legal action against anyone who, in Tubedude.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. you may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Tubedude services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Tubedude.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Tubedude.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Tubedude services, you acknowledge that you will have caused substantial harm to Tubedude.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Tubedude.com $50 for each such unsolicited email or other unsolicited communication you send through the Tubedude services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any Tubedude.com page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to send messages;
    5. interfering with, disrupting, or creating an undue burden on the Tubedude services or the networks or services connected to the Tubedude services;
    6. attempting to impersonate another Member or person;
    7. using the account, username, or password of another Member at any time;
    8. selling or otherwise transferring your profile;
    9. using any information obtained from the Tubedude services in order to harass, abuse, or harm another person; or
    10. using the Tubedude services in a manner inconsistent with any and all applicable laws and regulations.
  9. Privacy. Use of the Tubedude services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  10. Disclaimers. Tubedude.com is not responsible for any incorrect or inaccurate Content posted on the Tubedude website or in connection with the Tubedude services, whether caused by Users of the Tubedude services or by any of the equipment or programming associated with or utilized in the Tubedude services. Profiles created and posted by Members on the Tubedude website may contain links to other websites. Tubedude.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Tubedude.com. Inclusion of any linked website on the Tubedude services does not imply approval or endorsement of the linked website by Tubedude.com. When you access these third-party sites, you do so at your own risk. Tubedude.com takes no responsibility for third party advertisements which are posted on this Tubedude website or through the Tubedude services, nor does it take any responsibility for the goods or services provided by its advertisers. Tubedude.com is not responsible for the conduct, whether online or offline, of any User of the Tubedude services. Tubedude.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Tubedude.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tubedude services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Tubedude services. Under no circumstances shall Tubedude.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Tubedude services, attendance at a Tubedude.com event, from any Content posted on or through the Tubedude services, or from the conduct of any Users of the Tubedude services, whether online or offline. The Tubedude services are provided "AS-IS" and as available and Tubedude.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tubedude.com cannot guarantee and does not promise any specific results from use of the Tubedude services.
  11. Disputes. If there is any dispute about or involving the Tubedude services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Tubedude.com or you may demand that any dispute between Tubedude.com and you about or involving the Tubedude services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Tubedude.com from seeking injunctive relief in a court of competent jurisdiction.
  12. Use of Embeddable Player. Should you decide to use the Tubedude.com Embeddable Player on your website for any purpose whatsoever, you are required to include a prominent and easily identifiable link back to the Tubedude.com website on any and all pages containing the Embeddable Player and you shall not in any way or manner modify, alter, adjust, build upon, or block any portion of the Embeddable Player.
  13. Member Disputes. You are solely responsible for your interactions with other Tubedude.com Members. Tubedude.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  14. Limitation on Liability. IN NO EVENT SHALL TUBEDUDE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TUBEDUDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TUBEDUDE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TUBEDUDE.COM FOR THE TUBEDUDE SERVICES DURING THE TERM OF MEMBERSHIP.
  15. Indemnity. You agree to indemnify and hold Tubedude.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tubedude services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tubedude website or through the Tubedude services causes Tubedude.com to be liable to another.
  16. U.S. Export Controls. Software available in connection with the Tubedude services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Tubedude services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  17. Other. This Agreement is accepted upon your use of the Tubedude website or any of the Tubedude services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Tubedude.com regarding the use of the Tubedude services. The failure of Tubedude.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Tubedude.com is a trademark of Tubedude.com, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: Contact@Tubedude.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.