Terms Of Use



Terms of Use


1.
Your Acceptance BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the TubeTamil.com domain name, the "TubeTamil
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF TubeTamil’S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.TubeTamil.com/t/privacy, AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use the TubeTamil Website.

2.
TubeTamil Website These Terms of Service apply to all users of the TubeTamil
Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The TubeTamil
Website may contain links to third party websites that are not owned or
controlled by TubeTamil. TubeTamil has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, TubeTamil will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve
TubeTamil 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 TubeTamil
Website and to read the terms and conditions and privacy policy of each other
website that you visit.

3.
Website Access

A.
TubeTamil hereby grants you permission to use the Website as set forth in this
Terms of Service, provided that: (i) your use of the Website as permitted is
solely for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without TubeTamil’s prior
written authorization; (iii) you will not alter or modify any part of the
Website other than as may be reasonably necessary to use the Website for its
intended purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.

B.
In order to access some features of the Website, you will have to create an
account. You may never use another’s account without permission. When creating
your account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. You must notify TubeTamil immediately of any breach of
security or unauthorized use of your account. Although TubeTamil will not be
liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of TubeTamil or others due to such unauthorized use.

C.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the TubeTamil servers in
a given period of time than a human can reasonably produce in the same period by
using a convention on-line web browser. Notwithstanding the foregoing, TubeTamil
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. TubeTamil reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.

4.
Intellectual Property Rights The content on the TubeTamil 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 TubeTamil, 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. TubeTamil 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, ordistribution 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 TubeTamil
Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the TubeTamil Website or the Content therein.

5.
User Submissions

A.
The TubeTamil 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, TubeTamil
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 TubeTamil 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 TubeTamil, you hereby grant TubeTamil 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 TubeTamil Website and TubeTamil’s (and its
successor’s) business, including without limitation for promoting and
redistributing part or all of the TubeTamil Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the TubeTamil 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 TubeTamil 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 TubeTamil all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations that could
damage TubeTamil 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. TubeTamil does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and TubeTamil
expressly disclaims any and all liability in connection with User Submissions.
TubeTamil does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and TubeTamil will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another’s intellectual property rights. TubeTamil
reserves the right to remove Content and User Submissions without prior notice.
TubeTamil 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. TubeTamil 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. TubeTamil 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) 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; (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) Information reasonably sufficient
to permit the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail; (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. TubeTamil’s designated Copyright Agent to
receive notifications of claimed infringement at email: [email protected]
For clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to TubeTamil customer service through email
[email protected] 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.
You understand that when using the TubeTamil Website, you will be exposed to
User Submissions from a variety of sources, and that TubeTamil 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
TubeTamil with respect thereto, and agree to indemnify and hold TubeTamil, 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.
TubeTamil permits you to link to materials on the Website for personal,
non-commercial purposes only. In addition, TubeTamil 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 TubeTamil website on the
pages containing the Embeddable Player. TubeTamil reserves the right to
discontinue any aspect of the TubeTamil Website at any time.

6.
Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE TubeTamil WEBSITE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TubeTamil, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TubeTamil 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 TubeTamil WEBSITE. TubeTamil DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE TubeTamil WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TubeTamil 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.

7.
Limitation of Liability IN NO EVENT SHALL TubeTamil, 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 TubeTamil 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 TubeTamil 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 TubeTamil from its facilities in the United States of
America. TubeTamil makes no representations that the TubeTamil Website is
appropriate or available for use in other locations. Those who access or use the
TubeTamil Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.

8.
Indemnity You agree to defend, indemnify and hold harmless TubeTamil, its parent
corporation, 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: (i) your
use of and access to the TubeTamil Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the TubeTamil Website.

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 13, as the TubeTamil Website is
not intended for children under 13. If you are under 13 years of age, then
please do not use the TubeTamil Website—there are lots of other great web
sites for you. Talk to your parents about what 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
TubeTamil without restriction.


11. General You agree that: (i) the TubeTamil Website shall be deemed solely
based in California; and (ii) the TubeTamil Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
TubeTamil, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its conflict
of laws principles. Any claim or dispute between you and TubeTamil that
arises in whole or in part from the TubeTamil Website shall be decided
exclusively by a court of competent jurisdiction located in San Mateo
County, California. These Terms of Service, together with the Privacy Notice
at http://www.TubeTamil.com/t/privacy and any other legal notices published
by TubeTamil on the Website, shall constitute the entire agreement between
you and TubeTamil concerning the TubeTamil Website. If any provision of
these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these Terms of Service
shall be deemed a further or continuing waiver of such term or any other
term, and TubeTamil’s failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision.
TubeTamil reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of
Service for any changes. Your use of the TubeTamil Website following any
amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND TubeTamil AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE TubeTamil WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED.