Terms and Conditions

Terms and Conditions

Last updated: October 27, 2022
Welcome to TubeItUp! These Terms and Conditions (“Terms”) are a legal contract between Tube It Up, LLC (TUBEITUP) and you as a subscriber to TUBEITUP. By clicking a registration or new account submission button, or by otherwise using any TUBEITUP website, products, services and features we make available to you as part of the platform (collectively, the “Service”), you agree to these Terms.

IN KNOWING THAT THE USE OF ANY TUBEITUP WEBSITE OR SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS, READ THESE TERMS CAREFULLY BEFORE USING ANY TUBEITUP WEBSITE OR SERVICE. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS – DO NOT USE ANY TUBEITUP WEBSITE OR SERVICE, IN WHOLE OR IN PART. USING THE TUBEITUP WEBSITE OR SERVICE, IN WHOLE OR IN PART, INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate  for the purposes of this part, means any entity or person that is related to TUBEITUP by common ownership or common corporate control.
  • Company (referred to as either “TUBEITUP”, “We”, “Us” or “Our” in these Terms) refers to Tube It Up, LLC, a New Mexico Limited Liability Corporation.
  • Country refers to: New Mexico, United States.
  • Credit means fees paid to TUBEITUP by the Subscriber that are currently not applied to a Subscription that can be applied towards future Subscriptions Fees. 
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Materials means the website and all text, data, information, software, graphics, photographs and more that TUBEITUP and TUBEITUP affiliates may make available to Subscriber.
  • Seat means a Subscription unit within a Subscription Tier that can be associated with a YouTube Channel.
  • Service refers to the website, products, services, features we make available for managing your YouTube channel(s) and other aspects of data management performed within the provided software, including but not limited to optimization, analytics, URL link management, data storage and fan management, that TUBEITUP may provide through any TUBEITUP website.
  • Submissions means questions, comments, suggestions, ideas, feedback or other information about the Service.
  • Subscriber means a person or company registering for an account with TUBEITUP. You become a Subscriber when you receive  access to certain password-restricted areas of the Service (free or paid) and to use certain Services and Materials offered on and through the Service.
  • Subscription means the agreement between you and TUBEITUP to participate in the Service and refers to all Seats associated with the subscription.
  • Subscription Fee means the money paid by You to TUBEITUP to access the Service.
  • Subscription Rate means the price that is charged for Subscription Tiers.
  • Subscription Tier means a level of the Service offered by TUBEITUP containing specific features and capabilities.
  • Terms and Conditions (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the TUBEITUP regarding the use of the Service.
  • Third-Party Service means any services, websites, advertisements or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. 
  • Website refers to TubeItUp, accessible from https://www.tubeitup.com or any subdomain thereof including but not limited to https://apollo.tubeitup.com, and https://www.tbiu.io.
  • You (referred to as “Subscriber”, “You” or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Your Content refers to the content to which you own all right, title, and interest.
  • YouTube Channel refers to a channel on YouTube that you have a legal right to access and or manage.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you the Subscriber and the TUBEITUP. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. TUBEITUP does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of TUBEITUP. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TUBEITUP. We are therefore not responsible for the availability, content, accuracy or privacy practices of Third-Party Services that may be linked to, or advertised on, Our website.

TUBEITUP provides these hyperlinks to you for convenience only and the presence of these links do not imply any endorsement of the linked website by Us. Clicking a hyperlink for any linked website entirely is undertaken at your own risk.

We do not make any warranty, express or implied, endorse or make any representations about such Third-Party Services, any information, software, products, services, or materials found there or any results that may be obtained from using them, nor do We guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to Our Service or website.

You further acknowledge and agree that the TUBEITUP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Service. Clicking these links may take You outside of the Service. We are not obligated to review any Third-Party Services websites that You access from the Service. If You decide to access any of the Third-Party Services websites linked to from the Service, You agree that the links You are accessing are Third-Party Services and that you access them at Your own risk and that You must follow the privacy policies and terms and conditions for those Third-Party Services and their websites.

We strongly advise You to read the terms and conditions and privacy policies of any Third-Party Services that You visit. We are not responsible for Your review of any changes or updates to these Services and Sites. 

TUBEITUP uses YouTube API Services, and by using YouTube Content within Our Sites and Services You are agreeing to be bound to YouTube’s Terms of Service and Google’s Privacy Policy. You can find a copy of YouTube’s Terms of Service at https://www.youtube.com/t/terms and Google’s Privacy Policy at http://www.google.com/policies/privacy. We strongly recommend that You review YouTube’s Terms of Service and Google’s Privacy Policy on a regular basis as these may change from time to time.

TUBEITUP may ask you to authenticate, register for or log into Third Party Services, and, as part of such integration, the Third Party Services may provide us with access to certain information that you have provided and, if applicable, allow you to configure Your privacy settings in that Third-Party Service account. Although TUBEITUP compiles content and information that you authorize Us to use from such Third Party Services, we do not screen, verify or audit any information compiled from these sources and this information is provided to you solely for informational purposes.

For more information about the use of Third-Party Services and how they are used by TUBEITUP, please review Our Privacy Policy.

General Use

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms and Conditions then You may not access the Service.

By using the Service, you expressly represent and warrant that you are legally entitled to accept these Terms and represent that You are over the age of 18. TUBEITUP does not permit those under 18 to use the Service.  If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter agreements such as this one due to age, you must abide by such age limits and you must not use the Service. 

When you register for the Service, you agree to provide true, accurate, and current information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Services; and (2) are not a competitor of TUBEITUP and are not using the Services for reasons that are in competition with TUBEITUP.

Using this Website and the Service

Public areas of Our website do not require registration, however Our website is subject to these Terms. Restricted areas of the website (i.e., the Service) requires the Subscriber to register for an account, even if the account is provided for free by TUBEITUP. You are limited to accessing the Service in accordance with the Subscriber payment tier that they have paid for in advance, or otherwise be authorized for by TUBEITUP.

Accessing Restricted Areas

To gain access to the restricted areas of the Service (free or paid), Subscribers must provide valid registration information as displayed on the Service registration form on the TUBEITUP website. This information includes: A working email address that aligns with an associated Google account, and a working email address that aligns with an associated YouTube account. Paying Customers are required to provide a first and last name, physical address (to be used for billing and taxation purposes), including country of residence or business location. TUBEITUP retains the sole right to determine whether or not to approve access to the Service and this right applies to free and paid accounts.

It is the Subscribers responsibility to comply with these Terms when accessing the Service, in whole or in part. It is the Subscribers responsibility to provide and maintain, at your cost, all equipment, software, and internet access necessary to use the Services.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify TUBEITUP of any unauthorized use of your password or account or any other breach of security. TUBEITUP will not be liable for any loss or damage arising from your failure to comply with this Section.

Use of Materials provided by this Service is conditioned upon Your compliance with these Terms and you have no other rights in the Service or any Materials. You agree not to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner. 

If You make copies (e.g. screenshots, printed renditions, etc.) of any of the portions of the  Service, you agree to retain any and all copyright and other proprietary notices as they appear on the Service and to only use the copies in a manner that is consistent with these Terms.

Subscriptions

You become a Subscriber by registering for an account with TUBEITUP. All payments of Subscription Fees are non-refundable, except as otherwise explicitly stated within these Terms. If you register for a free account You are considered a Subscriber and subject to these Terms.

The Subscription Fee charged to You by TUBEITUP will be that which is stated on the website for the Subscription Tier and number of Seats chosen by You, and making a payment to TUBEITUP constitutes an agreement to purchase the Service. TUBEITUP reserves the right to change Subscription Rates at any time, and We do not provide price protection or refunds in the event of promotions or price decreases.

When you pay Subscription Fees, you are purchasing a specified number of Seats as determined by You during the purchasing process. Each Seat grants You the right to assign one YouTube Channel per Seat. Each Seat is allowed to be accessed by no more than one Subscriber with the exception of Seats purchased under the Pro Subscription Tier. 

Pro Subscription Tier Seats can be made available to additional Subscribers (“Channel Managers”). Channel Managers will only be granted access to Seats associated with YouTube Channels for which they have been granted access to that YouTube Channel by the channel owner. Granting other persons access to your Subscription(s) or Seat(s) by means of providing those persons with your username and password is a breach of these Terms.

In the event you wish to manage more than one YouTube Channel within the Service, you can either: a) purchase additional Subscriptions, or b) purchase multiple Seats under a new or existing Subscription. It is possible for a Subscription to have multiple Seats, however a Seat can only be applied to one (1) YouTube Channel. Additional Seats may be purchased on a per-Subscription basis at discounted prices (“multi-Seat Subscription”). All Seats within a multi-Seat Subscription will be at the same Subscription Tier. If you wish to have Seats at different Subscription Tiers you will need to purchase separate Subscriptions for each desired Subscription Tier.

In the event you upgrade your Subscription Tier, you will begin the new Subscription at the new Subscription Rate effective immediately upon receipt of the full amount of the funds required to satisfy the selected tier. All Seats within the Subscription will be upgraded to the new Subscription Tier. You will receive a Credit equal to a prorated amount of the remaining unused fees on your original Subscription based upon the remaining days in the billing cycle. The Credit from your original Subscription, and any other Credits available to your account, will be applied towards the new Subscription. If there are additional fees due after all Credits are applied, you will automatically be billed for the remaining balance. 

In the event you downgrade your Subscription Tier, you will begin the new Subscription at the new Subscription Rate effective immediately. All Seats within the Subscription will be downgraded to the new Subscription Tier. You will receive a Credit equal to a prorated amount of the remaining unused fees on your original Subscription based upon the remaining days in the billing cycle. Credits will be applied towards future billings as they become due.

If you have no active Subscriptions, the Credit will remain available to be applied to new Subscriptions for a period of thirty (30) days. If you do not apply any or all portions of a Credit to an active or new Subscription, within thirty (30) days, the entire Credit amount will become zero (0), and You will have no right to use the Credit or receive a refund.

When a YouTube Channel is assigned to a Subscription Seat, you will be prevented from changing the Seat until the end of the current billing cycle on paid accounts, or thirty (30) days for complementary accounts (“Seat Lock”). After the Seat Lock period has expired, you may reassign the Seat to a different YouTube Channel that is not restricted by a Seat Lock. 

Should Subscriber breach any of these Terms the license granted herein will terminate with or without notice and Subscriber agrees immediately destroy any downloaded or printed materials and any copies thereof.

Payments

Subscriber may pay for the Subscription Fees only with approved electronic payments that are made available on Our website, or Credits provided by TUBEITUP. You agree to pay TUBEITUP the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You represent and warrant to TUBEITUP that such information is true and that you are authorized to use the payment instrument. You hereby authorize TUBEITUP to bill your payment method in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. Once Your first Subscription Fee is successfully received, You will have the ability to access those Subscription-only portions of, and Materials on, the Service for the plan you have purchased.

IMPORTANT NOTICE: YOU WILL BE REQUIRED TO SELECT A PAYMENT PLAN WITH EITHER A MONTHLY OR YEARLY INTERVAL DURING THE INITIAL REGISTRATION. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON EACH MONTHLY OR YEARLY ANNIVERSARY OF THE DATE THAT WE INITIALLY CHARGED YOUR PAYMENT THROUGH THE APPROVED ELECTRONIC PAYMENT METHOD. WHEN YOU REGISTER YOU AUTHORIZE TUBEITUP TO CHARGE YOUR MONTHLY OR YEARLY SUBSCRIPTION RENEWAL THROUGH YOUR APPROVED ELECTRONIC PAYMENT METHOD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON THE SUBSCRIPTION FEE PAYMENT. TO PREVENT RENEWAL CHARGES YOU MUST CANCEL YOUR ACCOUNT PRIOR TO THE SUBSCRIPTION ANNIVERSARY DATE. YOU MAY CANCEL OR DOWNGRADE THE SUBSCRIPTION AT ANY TIME FROM WITHIN THE SERVICE.

In the event You should cancel your account or any of your Subscriptions, TUBEITUP will not provide any refund(s) and You will be responsible for paying any outstanding balance due on the account. Subscription(s) will remain active at the current Subscription Tier until the end of the current billing period.

Subscriber further agrees that TUBEITUP is authorized to charge any unpaid fees to the payment method on file for any and all of the outstanding balance due.

Prohibited Activities

Your use of the Service is only authorized for Permitted Purposes. 

You agree to not use the Service to:

  1. Upload any content that:
    1. infringes any intellectual property, proprietary rights, or copyrights of any party;
    2. you do not have a right to upload under any law;
    3. violates the privacy or security risk to any person;
    4. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, discriminatory, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
    5. in the sole judgment of TUBEITUP, is objectionable;
    6. forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Service;
    7. contains altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; or
    8. may expose TUBEITUP or its users to any harm or liability of any type.
  2. Violate any law, statute, ordinance or regulation.
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent your current or previous positions and qualifications;
  4. Solicit personal information from anyone under the age of 18 or use the Service to harm minors in any way;
  5. Copy, store or otherwise access or use any information, including personally identifiable information about any other Subscriber, contained on the Service in any way that is inconsistent with TUBEITUP’s Privacy Policy or these Terms or that otherwise violates the privacy rights of other Subscribers or third parties;
  6. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  7. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
  8. Use or attempt to use another’s account without authorization from the other user and as expressly permitted through the Service;
  9. Create a false identity on the Service;
  10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information or any content found on TUBEITUP (excluding Your Content) except as permitted in these Terms, or as expressly authorized by Us;
  11. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the TubeItUp Platform for any purpose;
  12. Use, display, mirror or frame the Service, or any individual element within the Service, the TUBEITUP name, any TUBEITUP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without the express written consent of TUBEITUP;
  13. Access the Services except through the interfaces expressly provided by TUBEITUP, such as its mobile applications, and the TUBEITUP web application;
  14. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TubeItUp or any of TUBEITUP providers or any other third party to protect the TUBEITUP Platform;
  15. Modify, adapt, or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
  16. Use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

These are examples only and the list above is not a complete list of everything that You are not permitted to do.

 

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Your Content Transmitted Through the Service  

You hereby represent and warrant to TUBEITUP that You own all right, title, and interest in and to any provided content that You provide (“Your Content”) or upload to the Service, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant TUBEITUP in accordance with these Terms.

By uploading any Your Content you hereby grant and will grant TUBEITUP and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, access, prepare derivative works of, remove, retain, process, analyze, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the Service.  Notwithstanding the forgoing, TUBEITUP will not publish or otherwise share Private User Data.  If you choose to share Your Content, we cannot be responsible for what others do with Your Content, so please carefully consider what you share and with whom you share it.

TUBEITUP uses YouTube API Services to access data from and transfer data to Your YouTube account to enhance your experience within the Service in accordance with the above paragraph. Using the Service expressly authorizes TUBEITUP to access your YouTube account on Your behalf.

You acknowledge and agree that TUBEITUP may preserve Your Content and may also disclose Your Content 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 of Your Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TUBEITUP, its users and the public. 

You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices..  

Electronic Communications

By using the Service, You and TUBEITUP consent to receiving electronic communications (“Communications”) from the other party. You and TUBEITUP consent and agree that such Communications may be delivered by posting such Communications to your online account or a different website that we may, from time to time, communicate to you, by sending such Communications to your designated email address, or by making such Communications available to you during your online session. 

Email Communications may include attachments or embedded links. Communications that you agree to accept electronically would include, without limitation, billing information, statistics and performance of your account within the Service, updates to these Terms, future Privacy Policy disclosures, and other information. Your consent also permits us to obtain your electronic signature if you choose to sign certain Communications electronically. If you do sign electronically, your electronic signature will bind you to the terms and conditions to the same extent as if you signed the Communications on paper with an ink signature.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of TUBEITUP, but TUBEITUP may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.

 

Resolution

 

You understand and agree that these Terms of Service shall be governed by the laws of the State of New Mexico as such laws apply to contracts between New Mexico residents performed entirely within New Mexico, without regard to conflict of law provisions. Any action or proceeding arising from or relating to these Terms of Service may only be brought in the State and Federal courts located in Bernalillo County, New Mexico and each party irrevocably submits to such exclusive jurisdiction and venue.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of TUBEITUP and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service since Your initial Service registration or Your Service renewal, whichever is more recent, or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall TUBEITUP or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if TUBEITUP or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

 

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TUBEITUP, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing,  TUBEITUP provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither TUBEITUP nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of  TUBEITUP are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Official DMCA Copyright Infringement Notification

Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS!

To expedite our ability to process your request, such written notice should be sent to our designated agent whose contact information is available via our “DMCA Designated Agent” listed below:

dmca (at) tubeitup (dot) com or use the Contact form.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Use of the Service and the transmission of applicable data, if any, is subject to United States export controls.  No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

OWNERSHIP & LICENSES

With your Subscription We are granting You a personal and limited, non-exclusive and non-transferable license to use and display Materials provided by the Service. Access and use the Service for is for individual, consumer purposes (“Permitted Purposes”). Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or TUBEITUP.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by You to TUBEITUP are non-confidential and TUBEITUP will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: admin@tubeitup.com

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