TubeGuru Pro

LICENSE You must be 13 years or older to use this Site and the Services. Limited License. Unless otherwise indicated, this Site and all content, and other materials on this Site, including, without limitation, the I-TubeTv.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to I-TubeTv or its affiliates or licensors, and are protected by Canada and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license to access and use (for personal, non-commercial purposes, except where explicitly provided otherwise) this Site and cause the Materials to be displayed from a single computer and solely as permitted under this Agreement (the "License"). I-TubeTv and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement. General Restrictions. You will comply with all applicable laws, including without limitation, Canada export control laws, applicable to your use of this Site, the Materials, and the Services. You will not: use this Site, Materials or Services for other than their intended purpose; engage in any unauthorized use of this Site or the Services; transmit or otherwise make available any data or materials that: (i) you do not have the right to provide or transmit using this Site or the Services or (ii) may expose I-TubeTv or its affiliates, licensors, or users to any harm or liability; transmit or otherwise make available any data or materials that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; copy any portion of the Site, Materials or Services or any underlying content or source code; reverse engineer, disassemble or decompile any portion of the Materials or the Services, or otherwise attempt to discover or re -create the source code to any software; distribute the software or source code behind the Site, Materials, or Services to any third party; make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of this Site, the Materials or the Services; remove, alter, or obscure any copyright or other proprietary notices of I-TubeTv or its affiliates or licensors in any portion of the Materials or Services or on this Site; obscure or disable any advertisements that appear on the Site; use any type of automated means to utilize the Site, Materials, or Services; access without authorization any networks, systems, or databases used in providing this Site or the Services, or to access or use any information therein for any purpose; violate any requirements, policies, procedures or regulations of any network connected to this Site or the Services; interfere with or disrupt the use and enjoyment by others of this Site or the Materials or Services; or falsely state, impersonate, or otherwise misrepresent your identity. Restrictions on the Use of Data. As part of the Services, I-TubeTv provides you with the ability to search through our databases to find contact information and other information regarding individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the "Results Data") for your own personal (non-commercial use) in a strictly lawful manner. Among other limitations, you may not: use any Results Data for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages; compile the Results Data in a database and store such data for any future use; use any Results Data information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by federal or provincial laws; use any Results Data information for tortious purposes, including to stalk, harass, or threaten any individual; match any Results Data with information from third party databases to append, verify, or create a new database; publish, transit, distribute, or resell any Results Data; or store via physical media, data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement or any other applicable agreement between you and I-TubeTv. Termination of License. I-TubeTv may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms of Use or in any other agreement between you and us, (ii) violate any policy or guideline applicable to this Site, the Services, or any other I-TubeTv service, or (iii) use this Site, Materials, or Services other than as specifically authorized in this Agreement, without our prior written permission. Termination of Services. I-TubeTv may discontinue, terminate, suspend or shut down the Site or any Services at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, posting such notice on this Site or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by I-TubeTv, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services. ACCOUNTS Account Creation. In order to access to certain Services, you may be asked to create a user account on this Site (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that I-TubeTv may contact you and require you to confirm some or all of your Registration Data before using certain Services. We reserves the right to terminate the License and to refuse to provide you with any and all current or future use of the Services if in our sole discretion, we determine that any of your Registration Data is, or, in our opinion, appears to be, untrue, inaccurate, not current or incomplete. Account Security. If you register for an Account, you will be required to select a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify I-TubeTv of any unauthorized use of your user name or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section. INFORMATION Privacy. I-TubeTv is committed to protecting your privacy. The personal information you provide to us as part of any Service or otherwise on this Site is governed by our Privacy Policy. Please read it carefully to understand our information practices before using this Site or the Services. Removal Requests. In order to remove your name and contact information from our public listings, please follow these instructions: (i) search for your listing on the Site, (ii) if your search generates multiple results, click on "Listing Details" link to get your contact information, (iii) click on "Is this you? Remove Your Listing" link, and (iv) complete the request form. Please note that we do not accept opt-out requests from third parties other than verifiable authorized agents (e.g., attorneys, government agencies, the Better Business Bureau, parents of minor children). We will comply with removal requests within ten (10) business days of receipt of your request. Often, listings accessible via the Site or Services are powered by third party databases. To remove these listings, please contact the third party directly. Information You Provide or Transmit. In the course of using this Site or the Services, you may transmit or otherwise make available certain materials or data (including information about yourself). By submitting such information, you represent and warrant that: (i) you own and control all rights to the data and materials you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such data or materials; (ii) such data or materials are accurate and not misleading; and (iii) transmission or providing such data or materials does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a royalty-free, perpetual, irrevocable license to use such information in connection with our present and future Services offerings. Also, you understand and agree that I-TubeTv retains the right to reformat, excerpt or translate any data or materials submitted by you. You understand and agree that I-TubeTv will not be liable for any information, publicly posted or privately transmitted on this Site or through the Services. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using this Site or the Services. Additionally, we cannot guarantee that any information, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable. Feedback. Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any I-TubeTv.com Offerings (defined below) or any other products or offerings of I-TubeTv (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION. DISCLAIMER OF WARRANTY. THIS SITE, THE SERVICES, AND ANY PRODUCTS, SOFTWARE AND MATERIALS OFFERED ON THIS SITE OR THROUGH THE SERVICES (COLLECTIVELY, THE "I-TUBETV.COM OFFERINGS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE I-TUBETV.COM OFFERINGS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THIS SITE OR ANY SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, I-TUBETV AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE I-TUBETV.COM OFFERINGS. WITHOUT LIMITING THE FOREGOING, NEITHER I-TUBETV NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "I-TUBETV PROVIDERS") REPRESENT OR WARRANT (I) THAT THE I-TUBETV.COM OFFERINGS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE I-TUBETV.COM OFFERINGS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE I-TUBETV.COM OFFERINGS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS OR ANY INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH ANY I-TUBETV.COM OFFERINGS; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE I-TUBETV.COM OFFERINGS ARE NON-INFRINGING. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE I-TUBETV PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE I-TUBETV.COM OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED WITH ANY I-TUBETV.COM OFFERINGS, (II) ANY USE OR INABILITY TO USE THE I-TUBETV.COM OFFERINGS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY I-TUBETV.COM OFFERINGS, IN EACH CASE EVEN IF THE I-TUBETV PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE I-TUBETV PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE I-TUBETV.COM OFFERINGS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO I-TUBETV FOR ACCESS TO OR USE OF THE I-TUBETV.COM OFFERINGS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification Obligations. You agree to hold harmless, defend and indemnify the I-TubeTv Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any I-TubeTv.com Offerings, including, without limitation, any actual or threatened suit, demand or claim made against any I-TubeTv Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of any covenant, representation or warranty in this Agreement; (iii) your use of any I-TubeTv.com Offerings; or (iv) any content that you store on or transmit through the Site or any Services. I-TubeTv may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with I-TubeTv in such event. MISCELLANEOUS Spam and Communications Guidelines. You may not use the Services or any name, trademarks or other intellectual property of I-TubeTv in conjunction with the sending of unsolicited commercial email, nor may you cause any I-TubeTv Web site, service or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our intellectual property, network addresses or Services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with I-TubeTv include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any Service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages, using the Site's referral features, or other services, to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to I-TubeTv immediately. Third Party Links. I-TubeTv may, as a convenience to its users, include links to third-party Web sites or content on this Site and from the Services. I-TubeTv is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through this Site or the Services. In addition, I-TubeTv does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources, or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources. Notification of Claimed Infringement. If you believe that any material available on this Site infringes upon any copyright you own or control, or that any link on the Site directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. To expedite our ability to process an Infringement Notice, please provide the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you believe is being infringed; A description of the location of the material that you believe is infringing the copyrighted work; You contact information (please include your address, telephone number, and email address); A 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; and A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf. Sign the Infringement Notice and send the written communication to I-TubeTv; Attn: infringement commission; 5 Bartlett St, St Catharines, On, L2M 5K5 ; Fax: 905-646-0585. Notices. I-TubeTv may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally on this Site or, at its option, by using any contact information you have provided to I-TubeTv. You agree that notice by the foregoing means shall be deemed complete when transmitted by I-TubeTv. All notices to I-TubeTv (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: I-TubeTv.com Attn: Legal Department 5 Bartlett St St Catharines, On, L2M 5K5 Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Governing Law; Venue. YOUR USE OF THIS SITE AND THE SERVICES SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE PROVINCE AND FEDERAL COURTS LOCATED IN ST CATHARINES, ONTARIO, CANADA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, SERVICES, OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. Relation to Other Agreements; Changes to the Agreement. I-TubeTv may operate, individually or jointly with third parties, other Web sites that incorporate I-TubeTv.com Offerings. These other Web sites may operate under different user agreements than this Site (the terms and conditions of other such user agreements are not affected in any way by this Agreement). We encourage you to review applicable policies and agreements when you visit any Web site, including this Site. I-TubeTv reserves the right to revise this Agreement at any time by posting a revised Agreement on this Site. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Site. Your use of this Site or any Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use this Site or any Service to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of this Site and any Services. Copyright © 1996-2008 I-TubeTv.com. All rights reserved.