Terms of Service

Acceptance

TubeTamer provides its service (”Service”) to you, subject to the following Terms of Service (”TOS”). The TOS tells you what you can expect from the Service, and what TubeTamer expects of you. TubeTamer may amend the TOS at any time by posting an amended TOS on our website.

Registration Obligations

You must register for a membership in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or TubeTamer has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, TubeTamer has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which may involve third-party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will enter a password and login name during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify TubeTamer of any unauthorized use of your membership or any other breach of security.

Membership Fees

Individuals may obtain a trial membership with the Service without paying a fee. TubeTamer will charge fees once the trial period has expired. You may use a credit card to pay these fees. When you use a credit card for payment, you represent to TubeTamer that you are the authorized card holder. For recurring fees, TubeTamer will charge your credit card each month. For one-time fees, TubeTamer will charge your credit card once. TubeTamer reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but TubeTamer will not refund any fees that may have accrued to your membership before you cancel it. TubeTamer may also charge you for any sales or use taxes to which the Service is subject.

Prohibited Uses

You agree that you will not:

  • Impersonate any person, including a TubeTamer employee or agent on the Service

  • Violate any local, state, or national law through or on the Service

  • Harass people through or on the Service

  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service

  • Use the Service in any manner other than as expressly authorized in the TOS

  • Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Ownership and Restrictions

The license granted in these TOS does not constitute a transfer or sale of TubeTamer’s ownership rights in the TubeTamer Database. TubeTamer retains all right, title, and interest in and to the TubeTamer Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the TubeTamer Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the TubeTamer Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the TubeTamer Database, unless expressly authorized in the TOS.

Children

By registering, installing, and accepting these TOS you represent to TubeTamer that you are at least 13 years old. TubeTamer’s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of TubeTamer’s products and services unless under the guidance, supervision, and consent of their parents, guardians and/or authorized school officials. We rely on parents and guardians to ensure minors only use TubeTamer products and services if they can understand their rights and responsibilities as stated in this TOS and our Privacy Policy.

For teachers or parents, if you want children under the age of 13 to create their own TubeTamer accounts, then you (or your school) assume the responsibility for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, the Family Educational Rights and Privacy Act (“FERPA”). This means notifying parents/guardians about our privacy practices, obtaining their consent before collecting personal information from their children, and providing them with the opportunity to review and delete such information.

Arbitration

Any dispute or claim arising out of or in connection with this TOS or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Kings County (Brooklyn), New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.