These terms of use (“Terms of Use ”) govern the use of an individual User’s (" User", " You", or “ Your”) access to or use of website located at https://www.tubee.in/ and/or application named Tubee (collectively and individually referred to as “ Tubee”) owned, controlled and operated by Pheuture Studio Private Limited.
These Terms of Use constitute a legally binding agreement between You and TUBEE and shall govern, amongst others, Your rights and responsibilities in connection with Your use of Tubee. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By accessing or using Tubee, You agree to be bound by these Terms of Use and by TUBEE’s Privacy Policy, as amended from time to time.
TUBEE requests You to review TUBEE’s Privacy Policy to understand TUBEE’s practices in terms of protection of Your personal information.
If You do not wish to be bound by these Terms of Use or any of TUBEE’s aforesaid policies, TUBEE requests You to not avail the Subscription (defined below in Clause 5.1) of Tubee or access Tubee. If You access Tubee or take a Subscription, You shall be deemed to have accepted the Terms of Use and that of TUBEE’s Privacy Policy .

Eligibility to subscribe to and access content of Tubee

1.1.   Tubee is available to any individual aged 18 (eighteen) years and above. TUBEE may provide children content or content suitable for individuals below the age of 18 years on Tubee but the same shall only be accessible through the profile of a parent or legal guardian who is an adult. In certain jurisdictions, the age of majority may be more than 18 years, in which case You must satisfy such higher age criteria in order to access Tubee.

1.2.   When You place an order to take a Subscription of Tubee, this constitutes an offer to TUBEE. No contract for the Subscription will subsist between You and TUBEE unless and until TUBEE accepts Your order by way of an e-mail confirmation. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You at the time TUBEE sends the e-mail to You (whether or not You receive or read that e-mail – please check Your junk e-mail folder if You do not receive an e-mail confirmation). This confirmation e-mail amounts to an acceptance by TUBEE of Your offer to take a Subscription of Tubee from TUBEE. This confirmatory e-mail will incorporate these Terms of Use which will become legally binding on You. You must check that the details on this confirmatory e-mail are correct as soon as possible and You should print out and keep a copy of it. Following conclusion of Your order, You shall be entitled to access Tubee in accordance with Your Subscription Plan.

1.3.   TUBEE or its content providers, are the owners or license holders of the intellectual property rights in the content on Tubee. You acknowledge and agree that nothing in these Terms of Use or in an order shall be construed so as to transfer any intellectual property rights in the content of Tubee to You.

1.4.   TUBEE may make Tubee or the content from Tubee available for streaming on third-party platforms. TUBEE does not control such third-party platforms and therefore TUBEE does not commit to making Tubee and/or content from Tubee available on any particular third-party platform and shall have no liability to You if Tubee or the content from Tubee ceases to be available on a particular third-party platform during Your subscription to such third-party platform. Your use of any third-party platform is subject to the terms and conditions of the applicable platform provider.

1.5.   TUBEE shall endeavor to provide constant, uninterrupted access to Tubee for streaming of content by You. However, please note that:
1.5.1 .   TUBEE may suspend, withdraw, discontinue or change all or any part of content or offerings on Tubee without notice;
1.5.2.   the image and sound quality of the content on Tubee may vary, including by way of example due to the bandwidth available through and/or speed of Your internet connection and telephone line;
1.5.3.  the access to Tubee may not be uninterrupted, timely, secure or error-free; and
1.5.4.   from time-to-time TUBEE may need to close or suspend the accessibility to the website or the application of Tubee to carry out upgrades and/or maintenance.

2. Registration and Creation of an Account

2.1.   Access to Tubee is subject to registration and creation of an account on Tubee (“ Account”). You can register on Tubee by completing the registration process as detailed below and opening an account with Your chosen mobile number and OTP.

2.2.   By registering for Tubee, You agree to the Terms of Use stated herein and in addition to any other specific terms which shall be posted at an appropriate location of Tubee. Each registration is for a single individual user only. The Users must not share their login details with others. Tubee may offer additional features such as games etc. for the registered User to participate. Such sections of Tubee might be subject to additional terms and conditions which are to be read in conjunction with these Terms of Use and the Privacy Policy.

2.3.   To access Tubee, You will be asked to enter Your email ID or mobile number and enter the OTP number received on the email ID or mobile number as provided or log-in using the social media platform, as chosen by You during Your registration. Based on the Subscription availed by the User, User will be permitted to login into limited number of sessions concurrently which could be on the same devices or another. In the event, user tries to exceed no. of sessions permitted as per the Subscription availed by the User, User will be automatically logged out from the oldest session. It must be noted that on web platforms, the session will be cleared after every 24 hours.

2.4.   TUBEE may provide the users the option to register for Tubee by using their social media username and password. When You register to Tubee using any third-party social media log in, You expressly consent to TUBEE accessing, collecting and processing Your information as provided by You to such third-party social media platform. You may control the information being shared with TUBEE by such third- party social media platforms by changing Your account / privacy settings with such third-party social media platform.

2.5.  By registering for Tubee, you explicitly consent to (i) receiving communications (transactional as well as promotional) from TUBEE with respect to Tubee and other services offered by TUBEE; (ii) being contacted by TUBEE for any feedbacks, surveys, interviews etc.

3. User Account, Password and Security

3.1.  You agree to notify TUBEE immediately, should You become aware of any unauthorized use of Your Account. You shall be entirely responsible for any and all activities that occur under Your Account.

3.2.   Tubee can be accessed by creating an account. It shall be the User’s responsibility to ensure that the information provided by the User to TUBEE is complete, accurate and up-to-date including Your contact information for notices and other communications from TUBEE and Your payment information. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that TUBEE may take steps to verify the accuracy of information You provide.

3.3.  You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your Account. In particular, with respect to minor’s profile (if applicable), as a parent or legal guardian of the minor, You acknowledge and assume sole responsibility to ensure that any content which is meant for mature audiences (i.e., above the age of majority) is not accessed by children. Hence, You may not share Your username and password with Your ward(s). You expressly agree to absolve TUBEE and/or Tubee of any responsibility or liability in this regard.

3.4.   You agree to promptly notify TUBEE of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving Your Account or Tubee.

4. Tubee Service

4.1.   Limited License: TUBEE grants to You a non-exclusive, non-transferable, revocable and limited right to stream content on Tubee. The foregoing license gives You the right to use temporary download functionality in accordance with these Terms of Use only in respect of certain content on which temporary download functionality is enabled by Tubee. The foregoing license prohibits permanent download and storage of such content of Tubee on any and all kinds of devices.

4.2.   Availability: The content available on Tubee is regularly updated and the availability of such content is subject to change at the sole discretion of TUBEE. Without limiting the generality of the foregoing, certain content is made available only for a limited period of time and within the same availability period, such content may be made unavailable at any time by TUBEE for various reasons like media rights of such content withdrawn, disputed or litigated.

4.3.   Streaming Quality: The quality of the display of the streaming video may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your Internet connection. TUBEE recommends a faster internet connection for improved video quality. Further, the availability of high-quality resolution formats such as HD, Ultra HD, HDR, 4K or any higher format (“Formats”) shall be subject to your internet connection and device capabilities. Not all content shall be available in all the Formats and not all subscription plans shall allow you to receive content in all the Formats. The availability of Formats shall be subject to change at the discretion of TUBEE and TUBEE reserves the right to not provide a Format at any time, without any notice.

4.4.   Geographic Limitation: You may view the content available on Tubee primarily within the country in which You have registered Your Account and only in geographic locations where Tubee offers streaming of content. The content available on Tubee may vary based on the various geographical locations in which TUBEE holds rights in such content. The tiles of content if seen on Tubee does not necessarily mean that such content is available to be seen across the world. TUBEE will determine the country of registration either by explicitly asking You to provide that information or inferring the same through the country code used for registration via mobile number. You must not access or use Tubee by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location (for example, use of a virtual private network (VPN)).

4.5.   Temporary Download: In case of temporarily downloadable content on Tubee, please note that: (a) the downloads are temporary in order to allow You to view the content within a specified period of time; and (b) not all content on Tubee may be available for temporary download for offline viewing. Any attempt to make a permanent copy of the content, in any manner or form, shall be a violation of these Terms of Use.

5. Subscription and Membership

5.1.   TUBEE may offer limited content to be viewed on a free basis in selected territories. However, in order to have full access to the content on Tubee and to be able to enjoy the various features, the Users will have to subscribe to Tubee post registering in the manner described above. TUBEE offer Users a number of subscription plans, including special promotional plans and memberships. The various Subscription Plans available in each country are available on the “ Subscriptions” tab on Tubee. These Subscriptions Plans may be monthly, half-yearly or yearly and the pricing will differ across different countries (“ Subscription Plans” and when availed by a User, each shall be a “ Subscription”).

5.2.   Some of these promotional memberships may be offered by third parties and may be subject to additional terms and conditions imposed by such third-parties, which will be disclosed to You at the time of registration. In addition to the Subscription Plans, You are solely responsible for paying any internet connection or other telecommunication charges, and all other third-party costs and charges associated with accessing and using Tubee. It must be noted that Subscription for Tubee shall not provide automatic entry into any contests or activities organized by TUBEE, or automatic purchase of other subscriptions of premium content.

5.3.  You are entitled to change Your Subscription Plan at any time by logging into Your Account via Tubee and clicking on the "Switch Plan" tab. Kindly note, if You wish to amend Your Subscription Plan to a lower or a higher plan, the change will depend upon the Payment Mode (defined below) that You have used and has been notified to You of such selection accordingly. You should read the terms of the provider of Payment Mode before placing a request for change in the Subscription Plan while Your existing Subscription is ongoing.

5.4.   The access and benefits offered by TUBEE under each Subscription Plan shall be solely determined by TUBEE. TUBEE reserves the right to modify, terminate or otherwise amend the access and benefits offered under any Subscription Plans, with or without notice to You and there will not no refunds of any subscription fees paid owing to any such modification or amendment to the access and benefits offered under any Subscription Plans.

5.5.   When placing an order for a Subscription, You agree that:

5.5.1.  You shall only stream and use the content of Tubee for Your own personal consumption and private use, and shall not stream or use the content of Tubee for any commercial purpose whatsoever;

5.5.2.   You shall not stream and use the content of Tubee for any public performance;

5.5.3.   You shall not use content of Tubee in any way which might infringe any third-party rights, incl

5.5.4.   You shall not modify, decompile or reverse engineer any software supplied as part of, or in connection with, Tubee;

5.5.5.   You are not permitted to use Tubee by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from Tubee for use within any third-party website, platform or application;

5.5.6.   You shall not use content of Tubee in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use; and

5.5.7.   You are responsible for ensuring that You have and shall maintain all the hardware, software and connectivity requirements necessary to access, receive and view content of Tubee. In the event You do not meet these requirements, You acknowledge and agree that You may not be able to enjoy the full benefit of Tubee. You may need to update the software on Your device from time to time in order to be able to access and view the content on Tubee.
5.6.   Promotional Offers: TUBEE may, from time to time, offer special promotional offers, plan, coupons or discount, either by itself or in association with third parties (“ Offers”). To avail such Offers, Users may be subject to additional eligibility criteria as may be determined by TUBEE (and the third-parties platforms if the offers are in association with such third parties). The eligibility requirements and other limitations and conditions for availing the Offers will be disclosed at the time of availing the Subscription. TUBEE reserves the right to revoke an Offer and put Your Account on hold if TUBEE has reasons to believe that You are not eligible to avail an Offer.
5.7.   Free Trials: TUBEE may, from time to time, offer special promotional offers, plan, coupons or discount, either by itself or in association with third parties (“ Offers”). To avail such Offers, Users may be subject to additional eligibility criteria as may be determined by TUBEE (and the third-parties platforms if the offers are in association with such third parties). The eligibility requirements and other limitations and conditions for availing the Offers will be disclosed at the time of availing the Subscription. TUBEE reserves the right to revoke an Offer and put Your Account on hold if TUBEE has reasons to believe that You are not eligible to avail an Offer.

6. Billing and payments

6.1.   By signing up and choosing to subscribe to Tubee, You are expressly agreeing that TUBEE is authorized to charge You the (a) Subscription fee as per Your selected Subscription Plan; (b) fees for additional services like additional Subscription of premium content of Tubee which You may purchase on Tubee; and (c) any applicable taxes in connection with Your Subscription of Tubee (" Payment Modes"). The available Payment Modes may vary where You make a purchase for Subscription through a third-party platform and not directly via Tubee (as mentioned in the foregoing).
6.2.   You confirm that the card or bank account which is being used for making payment of Subscription is Yours or that You have the authorization of the card holder to make a purchase of Subscription. You further represent and warrant that all payment information You provide is correct, current, and complete. TUBEE reserves the right to refuse or cancel transactions, including due to pricing or other typographical errors.
6.3.   You authorize TUBEE to take payments from the card chosen by You or through the payment gateway partner, or from the bank where You have the account provided by You at the time of purchasing the Subscription, in each case on a recurring basis depending on the Subscription Plan, for the duration of Your Subscription. You shall remain responsible for any uncollected amounts from the Subscription.
6.4.   The Subscription fee will be billed at the beginning of Your Subscription plan and on each subsequent renewal automatically (as per the Subscription Plan chosen by You) unless and until You cancel Your membership or the membership is otherwise suspended or discontinued pursuant to these Terms of Use. To know the commencement date for Your next renewal period, You can visit the “Billing Information” or “Transaction History” section on Your Account page. TUBEE shall authorize Your selected Payment Method to charge You the applicable Subscription fees for each Subscription period on the calendar date corresponding to the commencement of Your Subscription Plan (or renewal thereof). However, if You change Your Payment Mode or Subscription Plan, this could result in changing the calendar date upon which You will be billed. Subscription fees and any other charges paid pursuant to Your use of Tubee are non-refundable and there are no refunds or credits for any reason which include but are not limited to
(i) partially used periods
(ii) unwatched content
(iii) changes on the content offering by TUBEE
(iv) discontinuation of certain services on Tubee
(v) inaccessibility of Tubee owing to technical reasons or otherwise etc.
6.5.   If a payment is not successfully settled, due to expiration, insufficient funds, bank account of e-wallet, or otherwise for any reason, and You do not change Your Payment Modes or cancel Your membership, TUBEE may suspend Your Account until TUBEE receives the payments due for the Subscription. For certain Payment Modes, the issuer of Your Payment Mode may charge You a transaction fee or other charges. TUBEE requests You to check with Your Payment Mode service provider for details.
6.6.  In relation to third-party payment gateways TUBEE partners with, such partner will require certain financial information including Your credit card or debit card or other banking information. Other than providing a confirmation upon receipt of payment against a User Account, TUBEE disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateways and the collection and processing of any information provided to such third-party payment gateways including but not limited to any errors in invoicing or payment processing or any breach in security with respect to Your payment information associated with the third-party’s handling of the transaction. While using such third-party payment gateways to make payments to TUBEE, You will be required to accept the terms of use and privacy policies of such third-party payment gateways. TUBEE advises You to make Yourself familiar with the terms of use and privacy policies of Your respective third-party payment gateways before using their services. You agree and acknowledge that TUBEE shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file / lodge any complaint related to payment transfer directly with the concerned third-party payment gateways for redressal.
6.7.   You may be required by the third-party payment gateways to sign direct debit mandates to allow the amount owed by You to be debited directly from Your bank account or from debit or credit card in accordance with the relevant regulations. You agree to keep such mandate in place until termination of Your Subscription Plan and / or until all monies due to TUBEE have been paid in full (whichever is later in time). Failure to do the same shall bring forth the levy of a penalty from Your bank or debit or credit card provider.
6.8.   Where transaction charges are based upon a currency other than Indian rupees, the exchange rate for the purposes of calculating the final amount will be based upon the exchange rates published by the third-party payment gateway on the date when such payments are calculated by the billing system.

7. Advertising

Tubee may display advertisements and promotions, either within the content or on Tubee in general. Users who have subscribed to the premium Subscriptions of Tubee i.e., mobile only or LIV premium (monthly, half-yearly and annual plans) will not receive advertisements with the exception of certain categories of content, as may be solely determined by TUBEE and as detailed under the terms of the Subscription Plans. The manner, mode and extent of advertising by TUBEE through Tubee is subject to change without specific notice to You. TUBEE takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using Tubee are between You and the advertiser, and You agree that TUBEE shall not be liable for any loss or claim that You may have against an advertiser.

8. User’s Responsibility

These cookies/plugins are necessary for the website/mobile applications to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies/plugins do not store any personally identifiable information.

Performance Cookies/Plugins

These cookies/plugins allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies/plugins collect is aggregated and therefore anonymous. If you do not allow these cookies/plugins we will not know when you have visited our site, and will not be able to monitor its performance

Functional Cookies/Plugins

Your access and use of Tubee shall be subject to Your compliance with the following:
i.   You will abide by all copyright notices, information, and restrictions contained in the content of Tubee or associated with Tubee;
ii.   You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Tubee;
iii.   You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with Tubee;
iv.   You will be responsible for maintaining the confidentially of any username or password associated with access to Tubee (including, without limitation, in those instances in which Tubee uses the account creation mechanism and management of a third party’s social network, website or device), and You are solely responsible for all activities that occur under Your username and/or password;
v.   You will not access or use Tubee or the content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location (for instance, use a virtual private network (VPN)); and
vi.   You will use Tubee at all times in compliance with these Terms of Use and all applicable laws.

9. Third Party Links

Tubee may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (“ Third-Party Services”). TUBEE does not necessarily endorse or evaluate Third-Party Services and does not assume responsibility for third-parties’ actions or omissions. You should review terms of use and privacy policies of such Third-Party Services before You. Your dealings with Third Party Services are solely between You and the applicable Third-Party Services. TUBEE remains an intermediary, as defined under the Information Technology Act, 2000 in the territory of India and/or under legislations in territories outside of India with regard to such transactions. TUBEE advises its users to make their own independent judgement regarding their interaction with these Third-Party Services.

10. International Use

TUBEE makes no representation that every aspect of Tubee is appropriate or available for use in any particular jurisdiction. When You choose to access and use Tubee, You agree that:
i.   You do so on Your own initiative and at Your own risk;
ii.   You will not use Tubee if You are prohibited from receiving products, services, or software originating from India;
iii.  You are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
iv.   You specifically agree to comply with all applicable laws and regulations concerning the transmission of data exported from the country in which You reside.
If there is a conflict between any of the terms herein and Your rights in Your place of residence, Your rights under applicable law will control as to those specific terms.

11. Submissions and Unsolicited Ideas Policy

TUBEE, as a matter of policy, does not accept or consider unsolicited creative ideas including concepts, stories, scripts, plot treatments, plot structures, materials, suggestions amongst others (“ Unsolicited Materials”). TUBEE does not entertain any Unsolicited Materials either directly or through any TUBEE employee, via any means including, without limitation, via phone, mail, fax or e-mail. This is in order to avoid any potential misunderstanding in this matter when persons, including without limitation, other TUBEE employees may have submitted to TUBEE or to others or made public, or may hereafter originate and submit or make public, similar or identical material which TUBEE shall have the right to use, and You understand that You will not be entitled to claim any rights in the event of TUBEE’s use of such other similar or identical material. You hereby agree that if any Unsolicited Materials are submitted by You to TUBEE, the said submission is voluntary and is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and TUBEE in any way. You further agree that TUBEE is not obligated to review the Unsolicited Materials that may be submitted by You and that You have no expectation of compensation or consideration of any type.

12. Trademark, Copyright and Restriction

12.1   Tubee is owned and controlled by TUBEE and the content, trademarks, logos, graphics and service marks etc. displayed on Tubee (" Marks") are the property of TUBEE or, as the case may be, its vendors/seller or respective third parties.
12.2   You must not copy, reproduce, republish, upload, post, transmit or distribute the Marks in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of TUBEE, no element of the Tubee (including the Marks) may be used or exploited in any way other than as part of Tubee. Through Your use of Tubee, by no means are any rights impliedly or expressly granted to You in respect of such Tubee and Marks. TUBEE reserves the right to change or modify Tubee and Marks from time to time at its sole discretion.

13. Suspension and Termination of Account or Subscription

TUBEE reserves the right to suspend or terminate the Account or Subscription of a User forthwith if TUBEE finds out or has bona fide reasons to believe that the User:
i.   has misused in the past or is misusing the Account or Subscription of Tubee,
ii.   the User has indulged in the past or the User is indulging in piracy of content of Tubee,
iii.   is making available the content of Tubee to users who are below 18 years of age;
iv.   has committed an action which is in violation of the Terms of Use or the applicable laws;
v.   is misusing his/her/their Account;
vi.   is engaging, encouraging or advocating for illegal conduct; and
vii.   has failed to comply with these Terms of Use

14. Disclaimer of Warranties and Liability

14.1.   You expressly agree that Your use of Tubee is at Your sole risk. Tubee, all the materials, content and services, included on or otherwise made available to You through Tubee are provided on "as is" and "as available" basis without any representation or warranties, express or implied.
14.2.   Neither TUBEE nor any of its affiliates make any warranties or representations about the accuracy or completeness of content and services available on or through Tubee and assume no liability or responsibility for any
i.   errors, mistakes, unavailability or inaccuracies of content;
ii.   personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of Tubee (or any parts thereof);
iii.   any unauthorized access to or use of TUBEE's secure servers and/or any and all personal information stored therein;
iv.   any interruption or cessation of transmission to or from Tubee;
v.   any bugs, viruses, or the like which may be transmitted to or through Tubee (or any parts thereof) by any third-party;
vi.  information on Tubee being complete, true, accurate or non-misleading.
vii.   non-availability of Tubee during periodic maintenance operations or any unplanned suspension of access to Tubee that may occur due to technical reasons or for any reason beyond TUBEE's control
viii.   for any loss or damage of any kind incurred as a result of:
a.   any submissions made by You of Tubee;
b.   any content being posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of Tubee and/or otherwise by You or any other user.
14.3.   TUBEE reserves the right, in its sole discretion, to change, modify, add and remove content from Tubee and/or may suspend or discontinue the services provided through this Tubee at any time without any prior notice. TUBEE or any of its affiliates shall not be liable for any damages arising out of any alteration or change of the contents or inability to use this Tubee.
14.4.   TUBEE will only be liable under these Terms of Use for losses which are a reasonably foreseeable consequence of TUBEE’s relevant breach of these Terms of Use or due to TUBEE’s negligence. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both TUBEE and You knew it might be likely to happen.
14.5.   TUBEE only supplies the Tubee services for private domestic and consumer use only. You agree not to use Tubee for any commercial or business purposes and accordingly, TUBEE does not accept liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.6.   If Tubee services are defective and as a result, damage a device or digital content belonging to You, and this is caused by TUBEE’s failure to use reasonable care and skill, TUBEE will either repair the damage or pay You compensation. However, TUBEE will not be liable for damage which You could have avoided by following TUBEE’s advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements as advised by TUBEE.
14.7.   TUBEE shall have no liability or responsibility for any failure to perform, or delay in performance of, any of TUBEE’s obligations under these Terms of Use that is caused by or due to any event outside TUBEE’s reasonable control, including but not limited to acts of God, war, flood, fire, epidemic, pandemic, natural disasters, labour disputes, strikes, lock-outs, riots, civil commotion, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, explosion, governmental actions and any other similar events.
14.8.   TUBEE shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

15. Changes to the Terms of Use

15.1  TUBEE reserves the right, at its sole discretion, to change, modify, and/or add to these Terms of Use or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms of Use or the Privacy Policy will be effective when posted. If TUBEE makes any material changes to the Terms of Use and You are not happy with such changes, You may cancel Your Subscription in accordance with the process set out under these Terms of Use.
15.2   You agree to review these Terms of Use and the Privacy Policy periodically to become aware of any changes. Your use of Tubee or any part thereof after any changes to these Terms of Use or the Privacy Policy are posted will be considered acceptance of those changes and will constitute Your agreement to be bound thereby. If You object to any such changes, Your sole recourse will be to stop using Tubee.
15.3   Your use of certain Tubee features, functionality, programs (including, without limitation, games, contests, promotions, wireless marketing opportunities, photo or video or other User Submissions, uploading/posting opportunities, RSS feeds, etc.) offered on or through Tubee may be subject to additional or special terms and conditions (" Special Rules"), and before You use any such features, functionality, programs You may be required to indicate Your acceptance of such additional Special Rules. All Special Rules are incorporated into these Terms of Use as if fully set forth herein.

16. Binding Arbitration and Governing Laws

16.1   These Terms of Use and all transactions entered into on or through Tubee and the relationship between You and TUBEE shall be governed in accordance with the laws of India without reference to conflict of laws principles.
16.2  All disputes arising in connection with this Agreement shall be finally settled under the Arbitration & Conciliation Act of 1996 by one or more arbitrators appointed in accordance with such Act. The venue of the arbitration shall be Delhi, India and the language of the arbitration shall be English. The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential. Neither party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and decided by arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that the parties hereto shall be permitted to seek temporary or preliminary equitable relief in a court prior to the initiation or resolution of any arbitration proceeding hereunder. This provision shall remain in full force and effect notwithstanding any termination of Your use of Tubee.

17. General Provisions

17.1.   Notices: All notices with respect to these Terms of Use from TUBEE will be served to You by email or by general notification on Tubee. Any notice provided to TUBEE pursuant to these Terms of Use should be sent to TUBEE’s Legal Department at the address mentioned hereinabove.
17.2.   Relationship of Parties: You and TUBEE are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and TUBEE. As an abundant caution, it is clarified that TUBEE shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and TUBEE have entered this agreement on principal-to-principal basis.
17.3.   Waiver: No waiver of any provision of these Terms of Use by TUBEE shall be deemed a further or continuing waiver of such provision or any other provision, and TUBEE’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17.4.   Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
17.5.   Entire Agreement: This Terms of Use, including the TUBEE’s Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.
17.6.   You are advised to read (and are responsible for reading) fully all information on Tubee.
17.7. You agree that e-mail can be used as a long-distance means of communication.
17.8.   Contact Information: Should You have any reasons for a complaint, kindly visit the “ Contact Us” tab available on Tubee and TUBEE will endeavor to resolve the issue and avoid any re-occurrence in the future.