THE FOLLOWING DESCRIBES THE TERMS ON WHICH COUB.COM OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:
Welcome to coub.com. Coub.com provides its website, platform and services (together, the 'Platform) to you subject to the terms of service set forth in this Terms of Service Agreement (hereinafter referred to as the 'Agreement').
We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform.
Users. Use of the public areas of Coub.com is available to any individual without registration. In order to interact with Coub.com, including posting a comment, a user must register to become a Member of the Coub.com. The term “User” shall refer to any User who has not registered in coub.com.
Members. Membership in Coub.com is available to any individual residing anywhere in the world. The term “Member” shall refer to any User who has registered in coub.com. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Coub.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.3.
'Your Information' is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through your use of our Platform, in any public message board (including the personal introduction section), blog postings, comments, messages sent within Coub.com (“inmail”) or email. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of your Public Information (as defined below).
Your name, company affiliation and location, as well as any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as 'Public Information'; any other portion of Your Information shall be referred to as 'Private Information'.
'Publicly accessible' areas of our website are those areas that are available either to some or all of our Members (i.e., not restricted to your viewing only) or to the general public.
Restrictions. In consideration of your use of our Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you shall provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes. You agree further that your membership profile, message board postings, uploaded pictures, or any other portions of the website reserved solely for Member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of Coub.com. You shall be solely responsible for the disclosure of any information you enter into publicly accessible areas of the Platform, whether or not it was your intention to do so.
Consent to Disclosure. You acknowledge and agree that Coub.com may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of Coub.com, its employees, users and the public.
Responsibility and Control. You, and not Coub.com, are entirely responsible for all of Your Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Information of or posted by other Members and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other Members. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Coub.com, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Public Information of or posted by other Members, or for any loss or damage of any kind incurred as a result of the use of Your Information or any Public Information of or by any other Member posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove any such information.
Grounds for Suspension and/or Termination. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate suspension and/or termination of your status as an active Member of the Coub.com:
The use of our Platform to:
harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
disguise the origin of any Public Information that is transmitted to any third party;
'stalk' or otherwise harass another; or
collect or store personal data about other users.
Posting any Information or other material:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information of another individual), hateful, or racially, ethically or otherwise objectionable, including any Information or other material that may be considered hate speech;
that is obscene, pornographic or adult in nature;
that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, 'spam', 'junk mail', and 'chain letters'); or
that is otherwise inappropriate or posted in bad faith;
Encouraging others to violate this Agreement;
Refusing to follow Coub.com staff instruction or direction; or
Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
While we prohibit the above conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk.
For purposes of this Agreement, 'posting' includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Coub.com and its designees shall have the right to remove any Information or other material that violates this Agreement or is otherwise objectionable.
Non-Interference with Platform. You agree that you will not:
upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Coub.com or any other third party, except with the prior written consent of Coub.com or the appropriate third party.
General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to suspend Members who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You understand and agree that we may send you certain communications, such as Coub.com service announcements and newsletters, and that these communications are considered part of our Platform.
Third parties may provide links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Coub.com 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 websites or resource.
Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you 'as is' and on an 'as available' basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
Assumption of Risk. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information and your violation of any law or the rights of a third party. In the event that the dispute, claim or controversy is not resolved by these negotiations, the parties select the state New York as the only forum in which any such dispute shall be litigated.
Negotiation. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within ten (10) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your status as a Member or as a participant in an affinity group of Members, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.
Coub.com's Trademarks. Coub.com and other trademarks, service marks, and other logos, products and service names as indicated by us, are trademarks of Anton Gladkoborodov (the 'Trademarks'). Except as otherwise permitted by law, you agree not to display or use in any manner the Trademarks without the prior written consent of Anton Gladkoborodov.
Copyrights and Trademarks of Others. Coub.com respects the intellectual property of others, and we ask our Users to do the same. To the extent that you use a trademark that is the property of a third party, you shall provide clear notice that (a) you do not own the trademark and that the trademark is the property of a third party, (b) you have no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored your use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.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; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Coub.com or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Coub.com's Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service.
Notices. Any notice to us shall be given by email email@example.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given Entire Agreement. This Agreement constitutes the entire agreement between you and Coub.com, superseding any prior agreements between you and Coub.com. To the extent that you have previously registered with Coub.com and provided Your Information, this Agreement now governs how Coub.com may use Your Information, whether provided in the past or the future.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Coub.com is intended or created by this Agreement.
Governing Law. This Agreement and the relationship between you and Coub.com shall be governed by the laws of the state New York without regard to its conflict of laws provisions. You and Coub.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state New York.
Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Coub.com nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
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