Terms and Privacy
Last Updated: July 28, 2016
These updated terms go into effect on August 11, 2016 at 12am Eastern Time. Our current terms are available here.
By accessing the JuBeCuBe Service and/or by clicking “I agree”, you agree to be bound by these Terms, including the BINDING ARBITRATION section set forth in Section 23. If you wish to continue to use the JuBeCuBe Service under the previous version of these Terms dated February 23, 2014, please contact us by August 11, 2016 at firstname.lastname@example.org. You hereby represent and warrant to JuBeCuBe that you are at least thirteen (13) years of age and are otherwise capable of entering into and performing legal agreements, that you agree to be bound by these Terms and that your use of the JuBeCuBe Service is in compliance with all applicable laws and regulations. If you use the JuBeCuBe Service on behalf of a business, you hereby represent to JuBeCuBe that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms.
The JuBeCuBe Service is available to both free and premium Users. Users who do not pay JuBeCuBe for access to the JuBeCuBe Service (the “Free Service”) are “Free Users.” Users who pay for the premium version of the JuBeCuBe Service (the “Premium Service”) are “Premium Users.”
JuBeCuBe reserves the right, at JuBeCuBe’s discretion, to change these Terms on a going-forward basis at any time by posting the amended Terms to the JuBeCuBe Service. Please check these Terms and any other policies periodically for changes. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Site indicating that the Terms are changing and the effective date of any such changes. Your continued use of the JuBeCuBe Service after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Subject to limited exceptions described below, these Terms provide that all disputes between you and JuBeCuBe will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights in any such dispute. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 23 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate most disputes with JuBeCuBe.
NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
2. JuBeCuBe’s Ownership of Materials; Limited License.
2.a. The data and materials on the JuBeCuBe Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the JuBeCuBe Service (collectively, the “Materials”) are the intellectual property of JuBeCuBe, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with JuBeCuBe, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to JuBeCuBe or its affiliates and/or third party licensors. Except as expressly authorized by JuBeCuBe, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. JuBeCuBe reserves all rights not expressly granted in and to the JuBeCuBe Service and the Materials.
2.b. Subject to your compliance with the terms and conditions set out in these Terms, JuBeCuBe hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the JUBECUBE Service.
2.c. JUBECUBE RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE JUBECUBE SERVICE OR THE CONTENT ON THE JUBECUBE SERVICE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
4. Your Produced Content.
4.a. The JuBeCuBe Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the “Audiovisual Content”). The JuBeCuBe Service permits its Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, “Produced Content”). Produced Content, which includes Audiovisual Content, and is distributed via the JuBeCuBe Service (in accordance with the terms herein) shall sometimes be referred to as a “Channel”. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR PRODUCED CONTENT. SUBMITTING YOUR PRODUCED CONTENT TO THE JUBECUBE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
4.b.B y submitting Produced Content to JuBeCuBe:
4.b.i. If you are a Free User, you:
4.b.i.1. grant JuBeCuBe a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and otherwise exploit your Produced Content solely in connection with the JuBeCuBe Service and JuBeCuBe’s (and its successor’s) business, including without limitation for promoting and redistributing your Produced Content or part of or all of the JuBeCuBe Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content.
4.b.i.2. grant each user of the JuBeCuBe Service a non-exclusive license to access your Produced Content through the JuBeCuBe Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Produced Content solely as permitted through the functionality of the JuBeCuBe Service and under these Terms.
4.b.ii. If you are a Premium User, you:
4.b.ii.1. acknowledge that, in connection with the JuBeCuBe Service, JuBeCuBe will store your Produced Content on your behalf for use on your Channel (whether enabled and displayed via your own player or a JuBeCuBe embedded player), but that (i) while JuBeCuBe will use all reasonable commercial efforts to maintain the security of your Produced Content while stored, it does not guarantee that users will not be able to access, download or otherwise manipulate or copy such Produced Content, and (ii) while JuBeCuBe will use all reasonable commercial efforts to maintain the security of your Produced Content, JuBeCuBe does not employ a digital rights management system with respect to the JuBeCuBe Service (and therefore your Produced Content), and further does not guarantee that users will not be able to access, download or otherwise manipulate or copy such Produced Content.
4.b.ii.2. grant JuBeCuBe a worldwide (provided, however, that you may geo-block territories where you have not cleared any applicable rights), non-exclusive, royalty-free, fully paid-up license under all rights necessary to host, transmit, display, edit, and otherwise exploit your Produced Content solely in connection with the JuBeCuBe Service.
4.b.ii.3. agree that JuBeCuBe shall have the right to market and promote your Channel and related Producer Marks in connection with the JuBeCuBe Service, including by including your Produced Content in search results on the JuBeCuBe Service, unless you elect to not have your Produced Content indexed. “Producer Marks” means trademarks, trade names, service marks, logos and other indicia of source or business identifiers used by you and uploaded as part of your Produced Content. In accordance with the grant of such rights and subject to this Agreement, you hereby grant JuBeCuBe a royalty-free, non-exclusive, worldwide right and license to use, reproduce and display the Producer Marks solely in connection with the marketing and promotional considerations contemplated by this Agreement. JuBeCuBe, in using the Producer Marks, will comply with any trademark usage guidelines that you may provide to JuBeCuBe in writing from time to time. You reserve all other rights in and to the Producer Marks, and all goodwill associated with any use by JuBeCuBe of the Producer Marks will inure solely to your benefit.
4.b.ii.4. agree and acknowledge that with respect to transferring Produced Content from your Premium Service account to another account, including any Channel (“Transferred Content”), such Transferred Content (i) may only be transferred to another JuBeCuBe Premium account with open capacity, and (ii) if transferred to a Free Service account, may require your User setting to be changed to “Free” which may result in a loss or degradation of any Transferred Content on the JuBeCuBe Service transferred to another User given potentially more restrictive settings (e.g., storage limits) on a Free Service account.
4.c. JuBeCuBe reserves the right to limit the number of Users who contribute any elements of Produced Content for a Channel created by using a JuBeCuBe Premium account (such Users, “Contributors”); restrictions on Contributors, if any, shall be set forth in these Terms with respect to your use of the Premium Service.
4.d. Terms for All Users
4.d.i. You acknowledge and agree that:
4.d.i.1. Your Produced Content does not and will not violate any of the “Prohibited Uses” set forth in Section 5 of these Terms.
4.d.i.2. Violators of third-party rights may be subject to criminal and civil liability. JuBeCuBe reserves all rights and remedies against any Users who violate these Terms.
4.d.i.3. You understand that JuBeCuBe reserves the right to discontinue any aspect of the JuBeCuBe Service at any time, including the right to discontinue the display of any Produced Content or linked or embedded content either generally or in specific cases.
4.d.i.4. For the avoidance of doubt, you are not entitled to any compensation from JuBeCuBe for any Produced Content for any reason.
4.d.i.5. Your Produced Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the JuBeCuBe Service.
4.d.i.6. The rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform sound recordings (and the musical works embodied therein), all on a royalty-free basis. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post or transmit such sound recordings to or through the JuBeCuBe Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to JuBeCuBe under these Terms.
4.d.i.7. If you are a composer or author of a musical work and are affiliated with a performing rights organization (a “PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms.
4.d.ii. You are solely responsible for all of your Produced Content and you hereby recognize and affirm that the JuBeCuBe Service is merely providing you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it. You hereby affirm, represent, and warrant that:
4.d.ii.1. You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize JuBeCuBe and Users to use and distribute your Produced Content as necessary to exercise the rights and licenses granted by you in these Terms and in the manner contemplated by JuBeCuBe and these Terms.
4.d.ii.2. Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity.
4.e. JuBeCuBe does not control your Produced Content posted by you and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for your Produced Content and any other material that you submit to JuBeCuBe.
4.f. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT JUBECUBE SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Prohibited Uses.</>
YOU REPRESENT, WARRANT, AND COVENANT TO JUBECUBE THAT YOU WILL NOT:
5.a. UPLOAD TO OR CREATE ON THE JUBECUBE SERVICE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
5.b. PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE JUBECUBE OR ANY THIRD PARTY;
5.c. POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES VIOLENT CONDUCT OR CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN JUBECUBE’S SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
5.d. UNLESS YOU HAVE SUCCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A JUBECUBE PREMIUM ACCOUNT, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
5.e. IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE JUBECUBE SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE JUBECUBE SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
5.f. USE THE LIVESTREAM SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE JUBECUBE SERVICE AS OFFERED BY MANOMEY MEDIA CONSULT;
5.g. CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE JUBECUBE SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER’S PRODUCED CONTENT;
5.h. RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHERWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR CHANNELS;
5.i. DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE JUBECUBE SERVICE OR ANY THIRD PARTY CONTENT;
5.j. MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
5.k. USE THE JUBECUBE SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
5.l. DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE JUBECUBE SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE JUBECUBE SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
5.m. REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE JUBECUBE SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
5.n. ACCESS OR USE ANY AUTOMATED PROCESS (SUCH AS A ROBOT, SPIDER, SCRAPER, OR SIMILAR) TO ACCESS THE SITE IN VIOLATION OF OUR ROBOT EXCLUSION HEADERS, OR FOR THE PURPOSE OF SCRAPING ALL OR A SUBSTANTIAL PORTION OF THE CONTENT OF THE SITE (OTHER THAN IN CONNECTION WITH BONA FIDE SEARCH ENGINE INDEXING), OR AS MAY OTHERWISE BE EXPRESSLY PERMITTED BY LIVESTREAM;
5.o. MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE JUBECUBE SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
5.p. INTENTIONALLY INTERFERE WITH OR DAMAGE THE OPERATION OF THE JUBECUBE SERVICE OR ANY USER’S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
5.q. TAKE ANY ACTION THAT MAY UNDERMINE JUBECUBE’S RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE JUBECUBE SERVICE, USING INFORMATION ON THE JUBECUBE SERVICE FOR PURPOSES UNRELATED TO THE JUBECUBE SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
5.r. TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN JUBECUBE’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON LIVESTREAM’S INFRASTRUCTURE;
5.s. INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE JUBECUBE SERVICE OR ANY ACTIVITIES CONDUCTED ON THE JUBECUBE SERVICE;
5.t. BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES JUBECUBE MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE JUBECUBE SERVICE;
5.u. UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A PREMIUM SERVICE ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY JUBECUBE;
5.v. REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) CHANNELS, UNLESS YOU ARE PERMITTED TO UNDER THE TERMS OF YOUR PREMIUM SERVICE ACCOUNT;
5.w. USE THE JUBECUBE SERVICE TO STREAM SPORTS EVENTS FOR BETTING, GAMBLING, WAGERING OR OTHER GAMING PURPOSES; OR
5.x. ATTEMPT TO DO ANY OF THE ACTS DESCRIBED IN THIS SECTION 5, OR ASSIST OR PERMIT ANY PERSON IN ENGAGING IN ANY OF THE ACTS DESCRIBED IN THIS SECTION 5.
(a)-(x) of this Section 5 are collectively, “Prohibited Uses.”
a. General. You agree that JuBeCuBe, without penalty, may suspend or terminate any account (or any part thereof) you may have with JuBeCuBe or your use of the JuBeCuBe Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time if JuBeCuBe determines in its own sole discretion that you have violated these Terms. JuBeCuBe may also in its sole discretion and at any time discontinue providing access to the JuBeCuBe Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the JuBeCuBe Service or any account you may have or portion thereof may be effected without prior notice, and you agree that JuBeCuBe will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies JuBeCuBe may have at law or in equity. As discussed in Section 7, JuBeCuBe does not permit copyright infringing activities on the JuBeCuBe Service, and may terminate access to the JuBeCuBe Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. You may terminate these Terms at any time by discontinuing use of any and all parts of the JuBeCuBe Service.
b. Premium Users. If you are a Premium User, then:
6.b.i. jubecube retains the absolute right to immediately suspend or terminate your Premium Service account, and terminate this Agreement, if the charges to your credit card for any fees are refused for any reason. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the jubecube Service before termination.
6.b.ii. You may terminate your subscription by contacting JuBeCuBe customer support at email@example.com. Unused fees are non-refundable and, if applicable, JuBeCuBe reserves the right to charge you the early termination fee agreed to by you at the time you subscribed to the JuBeCuBe Service. For clarity, no fees payable by you hereunder are refundable upon termination of these Terms by you.
6.b.iii. If you terminate these Terms, or if JuBeCuBe terminates your Premium Service account for cause (i.e., as a result of your breach of any obligations, covenants, representations, warranties, or terms in these Terms), JuBeCuBe reserves the right to charge you fees through the end of your subscription term; provided that you shall have access to the JuBeCuBe Service in exchange for such fees through the end of your subscription term. If JuBeCuBe terminates your use of any part or all of the JuBeCuBe Service for convenience prior to the completion of your subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.
6.c. Effect of Termination. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3,
4.b.i.1, 4.d, 5, 6, 7, and 15 – 28.
7. Copyright Infringement Notification.
7.a. If you are a copyright owner or an agent thereof (the “Copyright Owner”) and believe that any content on the JuBeCuBe Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”). This notification of claimed infringement must be a written communication provided to the designated agent of juBeCuBe that includes the following information:
7.a.i. A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
7.a.ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
7.a.iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JuBeCuBe to locate the material.
7.a.iv. Information reasonably sufficient to permit JuBeCuBe to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
7.a.v. A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
7.a.vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
7.b. Livestream’s registered designated copyright agent to receive notifications of claimed infringement is: Mr. Max Haot. His contact information is as follows:
19 Okpongorbu Block Bannerman Street,
Akoto Lante, Accra, Ghana
7.c. Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to JuBeCuBe customer service at help@JuBeCuBe.com. Any notification of claimed infringement that does not comply with the DMCA’s requirements, is invalid.
7.d. If you receive notice from JuBeCuBe that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide JuBeCuBe with a counter notification. To be valid, a counter notification must be a written communication provided to JuBeCuBe’s designated agent as mentioned in Section 7.2 that includes substantially the following:
7.d.i. Your physical or electronic signature.
7.d.ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
7.d.iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
7.d.iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in Section 7.1 or an agent of such person.
7.e. JuBeCuBe reserves the right to terminate without notice any User’s access to the JuBeCuBe Service if that User is determined by JuBeCuBe to be a “repeat infringer.” In addition, JuBeCuBe accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
8. Registration, Accounts and Passwords.
8.a. If you become a registered User and create an account on the JuBeCuBe Service, you agree to be responsible and/or liable for maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers.
8.b. You agree to notify JuBeCuBe of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers.
8.c. Without limiting anything in this Agreement, JuBeCuBe will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 8.
9. Embeddable Player Feature.
JuBeCuBe provides an embeddable player feature on the JuBeCuBe Service. Subject to the terms and conditions of these Terms, JuBeCuBe hereby grants you a limited, non-exclusive, freely revocable license to incorporate such embeddable player into your own websites, provided that you include a prominent link back to the JuBeCuBe Service on the pages containing the embeddable player. You hereby represent and warrant that you shall not to circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material and third party Produced Content (including, without limitation, Audiovisual Content) or enforce limitations on use of the embeddable player or the Material and third party Produced Content (including, without limitation, Audiovisual Content) therein.
10. Search Functionality.
The JuBeCuBe Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to JuBeCuBe (the “Search Function”). For clarity, the disclaimer of warranties in Section 15 applies to the Search Function. JuBeCuBe has no responsibility for any content found on such third-party sites, and that JuBeCuBe does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content. Additionally, as with any content uploaded by you to the JuBeCuBe Service, with respect to any content that you find on third-party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third-party content using the Search Function does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the indemnification in Section 19, below, you hereby indemnify and hold harmless JuBeCuBe for any losses or liabilities arising out of your use of the Search Function or third party content.
11. Third-Party Websites.
12.a. Certain Premium Users will will be able to connect accounts to new or existing Stripe accounts to enable donations from other Users (the “Donations Feature”). Subscribers to other plans may upgrade to the Enterprise plan in order to enable the Donations Feature. Premium Users without a Stripe account will be re-directed to www.stripe.com in order to create a Stripe account. Premium Users will have an option to disconnect their Stripe Account at any time to disable the Donations Feature.
12.b. Once the Donations Feature is enabled for a Premium User’s account, a “Support [accountName]” button will appear on all of the Premium User’s event pages or event embeds. Any viewer can click this button to open the Donations Feature pop-up form and donate to the Premium User’s connected Stripe account. Users who donate will receive an email receipt confirming their donation amount. Transactions are processed by Stripe. Donation funds go directly to the connected Stripe account and are not passed through JuBeCuBe.
13. Special Terms for Premium Subscribers
13.a. JuBeCuBe will provide the uptime Service Commitment levels for the JuBeCuBe Service as set forth in the Service Level Agreement. Additionally, for support you may contact customer support via email at firstname.lastname@example.org. We will endeavor to respond to your support requests and inquiries within four (4) business hours of our receipt; our support business hours are 10:00AM-6:00 PM (EST), Monday through Friday excluding US holidays. JuBeCuBe does not provide live support for the JuBeCuBE Service, and all support requests must be made, and will be responded to by, email.
13.b. The Premium Service may include an ability to mark a particular piece of Produced Content “private,” including removing your Channel from the JuBeCuBe Guide at jubecube.com, removing your Channel Page from JuBeCuBe.com, restricting viewing of Produced Content in the Player Widget to only specific URLs that you have enabled, and preventing viewing of Produced Content from restricted geographical regions. While JuBeCuBe uses commercially reasonable efforts to respect such private designation, you understand that whether or not Produced Content is published or marked private by you, JuBeCuBe does not guarantee any confidentiality or privacy with respect to any of Produced Content.
13.c. The Premium Service includes the ability for you to sell Advertising Inventory in connection with your Produced Content. “Advertising Inventory” means any electronic advertising that you may embed or otherwise enable for display in conjunction with the Produced Content; provided, that (i) any such Advertising Inventory shall be subject to any specific policies regarding advertising (and the integration thereof with Produced Content) displayed in connection with the JuBeCuBe Service, (ii) your sale of the Advertising Inventory is subject to any guidelines for advertising that JuBeCuBe may implement, and (iii) all Advertising Inventory will not violate any Prohibited Uses. You shall retain all revenue received from advertisers for the sale of Advertising Inventory.
13.d. Subscriptions. In order to use the Premium Service, you agree to pay a recurring subscription fee to JUBECUBE (“Subscription Fee”). Subscriptions automatically renew for successive terms (as selected by you) until cancelled by you as further described below.
13.d.i. Auto-Renewals. YOU MUST PAY THE INITIAL SUBSCRIPTION FEE PRIOR TO USING THE JUBECUBE SERVICE. BY PURCHASING A SUBSCRIPTION TO THE JUBECUBE SERVICE, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION (E.G., MONTHLY, ANNUAL) UNLESS YOU CANCEL YOUR SUBSCRIPTION AS FURTHER DESCRIBED BELOW. YOU AUTHORIZE JUBECUBE TO CHARGE THE PAYMENT METHOD THAT OUR SERVICE PROVIDER HAS ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION FEE PLUS ANY APPLICABLE TAXES. IF YOU PAY FOR YOUR SUBSCRIPTION ON A MONTHLY BASIS, THEN, DEPENDING ON YOUR SUBSCRIPTION TIER, WE WILL PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION EVERY 31 DAYS, 32 DAYS, OR ON THE SAME DATE EACH MONTH. IF YOU PAY FOR YOUR CURRENT SUBSCRIPTION ON AN ANNUAL BASIS, THEN WE WILL PROCESS YOUR PAYMENT FOR ANY RENEWAL SUBSCRIPTION ON THE FIRST DAY OF THE RENEWAL TERM. ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED BY LAW.
13.d.ii. Cancellation Refund Policy. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE JUBECUBE SERVICE AT ANY TIME, AFTER WHICH WE WILL NOT RENEW YOUR SUBSCRIPTION. PLEASE CONTACT HELP@JUBECUBE.COM TO DISPUTE A CHARGE, CANCEL YOUR SUBSCRIPTION, OR REQUEST A REFUND. FOR THE AVOIDANCE OF DOUBT, YOU DO NOT HAVE A RIGHT OF WITHDRAWAL, BUT YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME AS DESCRIBED ABOVE.
13.d.iii. You May Need to Agree to Additional Terms or Agreements. You acknowledge that you may be required to agree to additional or superseding terms or agreements if your subscription is automatically renewed as described above. For example, if you would like a subscription to the JuBeCuBe Service that is different from JuBeCuBe’s standard subscription (i.e., a promotional subscription), then you may be required to agree to an additional set of terms.
13.d.iv. Your access to the Premium Service will not be established until JuBeCuBe has verified that the credit card or other payment information you provide JuBeCuBe for payment is accurate and that your credit card account or other payment method account is in good standing.
13.d.v. You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify JuBeCuBe if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the JuBeCuBe Service. Additionally, JuBeCuBe reserves the right to deactivate your account if payment is past due, regardless of the dollar amount. You are responsible for any overdraft fees charged to your payment account.
13.d.vi. You are responsible for paying any governmental taxes imposed on your use of the JuBeCuBe Service, including, but not limited to, sales, use or value-added taxes. To the extent JuBeCuBe is obligated to collect such taxes, the applicable tax will be added to your billing account.
13.d.vii. JuBeCuBe may impose an additional transaction fee based on transactions associated with JuBeCuBe Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
14. Special Terms for Free Users.
We offer a certain amount of bandwidth to Users, as set forth on the JuBeCuBe Service. If you notice that you are using a large amount of bandwidth, we may require you to upgrade to the Premium Service, if you are a Free User, or a higher tier of the Premium Service, if you are already a Premium User.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTENT ON THE JUBECUBE SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, IS PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.
15.a. TO THE FULLEST EXTENT PERMITTED BY LAW, JUBECUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE JUBECUBE SERVICE AND DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUBECUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE JUBECUBE SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE JUBECUBE SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE JUBECUBE SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF JUBECUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
15.b. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, JUBECUBE MAKES NO WARRANTY THAT THE JUBECUBE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE JUBECUBE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
15.c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JuBeCuBe OR THROUGH THE JUBECUBE SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE JUBECUBE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
15.d. You understand that when using the JuBeCuBe Service, you will be exposed to Produced Content from a variety of sources, and that JuBeCuBe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JuBeCuBe with respect thereto. JuBeCuBe does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and JuBeCuBe expressly disclaims any and all liability in connection with the Produced Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST JUBECUBE WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD JUBECUBE, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND ANY USE OF THE JUBECUBE SERVICE THAT IS PROHIBITED UNDER SECTION 5.
16. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JUBECUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS JUBECUBE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THE JUBECUBE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE JUBECUBE SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE JUBECUBE SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JUBECUBE SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE JUBECUBE SERVICE BY ANY THIRD PARTY.
16.a. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JUBECUBE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE JUBECUBE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO JUBECUBE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AND ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.b. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF JUBECUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.c. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN JUBECUBE AND RECEIVED THROUGH OR ADVERTISED ON THE JUBECUBE SERVICE OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless JuBeCuBe, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
17.a. any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
17.b. your use or misuse of or access to the JuBeCuBe Service;
17.c. your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
17.d. any claim that you or your Produced Content caused damage to a third party.
JuBeCuBe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify JuBeCuBe, and you agree to cooperate with JuBeCuBe’s defense of these claims.
18. Release for Disputes between Users.
JuBeCuBe does not control the actions of its Users. If you have a dispute with one or more Users, to the fullest extent permitted by law, you release JuBeCuBe (and JuBeCuBe’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JuBeCuBe without restriction.
20. Waiver and Severability.
The failure to require performance of any provision shall not affect either JuBeCuBe’s or your right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
21. Consent to Electronic Communications.
22. Choice of Law and Forum.
These Terms shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and JuBeCuBe agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York County in the State of New York. YOU AND JUBECUBE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JUBECUBE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. Dispute Resolution and Arbitration
23.a. Generally. In the interest of resolving disputes between you and JuBeCuBe in the most expedient and cost effective manner, you and JuBeCuBe agree that every dispute arising out of or in any way related to these Terms or your use of the JuBeCuBe Service will be resolved by binding arbitration, except as provided in this Section 23. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the JuBeCuBe Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JUBESTREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
23.b. Exceptions. Despite the provisions of Section 23.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
23.c. Arbitrator. Any arbitration between you and JuBeCuBe will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting JuBeCuBe.
23.d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Ghana Mail or by Federal Express (signature required) or by electronic mail (“Notice”) JuBeCuBe’s address for Notice is: JuBeCuBe Legal, 19 Okpongorbu Block Bannerman Street, Akoto Lante, Accra, Ghana and email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or JuBeCuBe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or JuBeCuBe must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, JuBeCuBe will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by JuBeCuBe in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
23.e. Fees. If you commence arbitration in accordance with these Terms, JuBeCuBe will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse JuBeCuBe for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
23.f. No Class Actions. YOU AND JUBECUBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JuBeCuBe agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
23.g. Modifications to this Arbitration Provision. If JuBeCuBe makes any future change to this arbitration provision, other than a change to JuBeCuBe’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to JuBeCuBe’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
23.h. Enforceability. If Section 23.f is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
25. Entire Agreement.
This is the entire agreement between you and JuBeCuBe relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or policies made by JuBeCuBe as set forth above.
26. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
27. No Third Party Beneficiaries.
The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
The services are offered by Manomey Media Consult, 19 Okpongorbu Block Bannerman Street, Akoto Lante, Accra, Ghana and email: firstname.lastname@example.org.
Notice Regarding Apple.
If you are using our mobile applications on an iOS device, then the following terms apply. You acknowledge that these Terms are between you and JuBeCuBe only, not with Apple, and Apple is not responsible for the JuBeCuBe Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the JuBeCuBe Service. If the JuBeCuBe Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the JuBeCuBe Service. Apple is not responsible for addressing any claim by you or any third party relating to the JuBeCuBe Service or your possession or use of the JuBeCuBe Service, including: (a) product liability claims; (b) any claim that the JuBeCuBe Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the JuBeCuBe Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the JuBeCuBe Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 5 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 5 of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a Ghana Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Ghana Government list of prohibited or restricted parties.