WEB SITE TERMS AND CONDITIONS

The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at www.thetubetv.com (the “Site”).  By accessing, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, acknowledge that you have read and understand these Terms and Conditions, and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them.  If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately. 
These Terms and Conditions may be changed at any time.  Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users returning to the Site to learn of changes to the Terms and Conditions since their last visit.  Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.

1)   Proprietary Rights

All works of authorship, information, content, functional components, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law.  Except as explicitly stated on the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are The Tube’s copyrighted works, all rights reserved or the copyrighted works of The Tube’s affiliates, licensors, or suppliers.  The Tube Music Network and The Tube Media Corp. (collectively, “The Tube”) also owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited.  Any commercial use of any Site Materials, in whole or in part, without the prior written consent of The Tube, is prohibited.  Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of The Tube, without The Tube’s advance written consent, is prohibited. 
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to The Tube or its affiliates, licensors, or suppliers.  Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. 

2)   Third Party Products and Services

Parties other than The Tube may provide products or services on the Site.  The Tube expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. 
Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest.  These sites are maintained by organizations over which The Tube exercises no control, and The Tube expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites. 

3)   Communications With The Site

The Tube welcomes your feedback and suggestions about how to improve our products, information, and services and this Site.  By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to The Tube, you automatically grant The Tube the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s).  Further, The Tube is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.

4)   Nature of the Internet

Given the nature of the Internet, the transmission of any communication or material to The Tube via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure.  As an alternative to communicating via the Internet or electronic mail, The Tube can be contacted by regular mail at 2040 Sherman Street, Hollywood, Florida 33020, by phone at (954) 923-8560, by facsimile at (954) 927-8721.

5)   Privacy Statement

The Tube has a Privacy Statement setting out The Tube’s online information gathering and dissemination practices with respect to the Site.  Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

6)   Disclaimer of Warranty and Liability

THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”  USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. 
THE TUBE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
THE TUBE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.  UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE TUBE TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.

7)   Contests, Sweepstakes, Auctions and Promotions

From time to time, The Tube or its suppliers and advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”).  Each Promotion will supplement these Terms and Conditions with additional terms, conditions and rules which will be posted or otherwise made available to you (the “Rules”).  Collectively, both the Terms and Conditions and Rules will apply for such Promotion; provided that, if any conflict arises between the Terms and Conditions and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

8)   Corrections and Changes

The Tube endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date.  Without limiting anything else in these Terms and Conditions or otherwise, The Tube is not responsible for any errors or omissions in the Site or Site Materials.  The Tube may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and The Tube makes no commitment to update the information contained on or in this Site.  The Tube reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.  

9)   Indemnification

You agree to defend The Tube and its directors, officers, employees, agents, and contractors (“The Tube Indemnitees”) against all claims, actions, suits, and other proceedings of third parties (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold The Tube Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.  You may not settle any Claim without the prior written consent of The Tube. 

10)   Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  Without limiting anything else in these Terms and Conditions or otherwise, neither The Tube nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

11)   Appropriate Comments and Submissions:  No Spamming

You may not use vulgarity, profanity or insults in any comments posted by you on this Site.  You are free to disagree (even vehemently) with what we have to say, but you may not do so in a disrespectful manner.  Comments will not be deleted for disagreeing with us.  They may be removed for the above reasons or if the comment is hurtful, spiteful, libelous, slanderous or fails to contribute to the ongoing conversation on the Site.  With respect to email addresses submitted to the Site, including through sponsorships or advertisements, you agree not to harvest or compile these email addresses for purposes of spamming or engaging in other illicit commercial behavior.

12)   Governing Law and Jurisdiction

These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and The Tube with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.  By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Miami, Florida, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. 

13)   Securities Information

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.  This Site may contain information and press releases about The Tube, and although this information was believed to be accurate as of the date prepared, The Tube disclaims any duty or obligation to update such information.  To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

14)   Miscellany

This Site is controlled and operated from within the United States.  Without limiting anything else, The Tube makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.  Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws.  The waiver or failure of The Tube to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.  Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement).  The waiver or failure of The Tube to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

This Privacy Statement is effective July 1, 2006.

Last updated: July 1, 2006.