Terms of Use

CAREFULLY READ THE FOLLOWING AGREEMENT. BY ACCESSING THIS WEBSITE OR SUBSCRIBING TO A TUBESIFT MEMBERSHIP YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND IT'S TERMS. IF YOU DO NOT AGREE TO THE TERMS OF USE IN THIS AGREEMENT, WE ASK THAT YOU DO NOT SIGN UP AND LEAVE OUR WEBSITE.

TUBESIFT.COM AND THE TUBESIFT PRODUCT ARE JOINTLY OWNED BY HYPERSPACE MARKETING SOLUTIONS INC. AND TEDPHORIA GROUP PTE. LTD.

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO ACCESS THIS WEBSITE OR USE THE SOFTWARE SERVICES. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE OWNERS OF TUBESIFT.COM AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS WEBSITE AND THE SOFTWARE SERVICES. BY ACCESSING THIS WEBSITE OR USING THE SOFTWARE SERVICES, YOU ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU. TUBESIFT.COM MAY UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME; YOUR CONTINUED USE OF THIS WEBSITE AND THE SOFTWARE SERVICES CONSTITUTE YOUR ACCEPTANCE OF THE UPDATED TERMS AND CONDITIONS. ANY OTHER CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS AND CONDITIONS WILL NOT BE ACCEPTED BY TUBESIFT.COM AND WILL NOT BE PART OF THIS AGREEMENT.

"You" or the "Client" means the person accessing this website or the TubeSift web application. "We," "us" and "our" means TubeSift.com. TubeSift.com and the TubeSift Product are jointly owned by Hyperspace Marketing Solutions Inc. and Tedphoria Group Pte. Ltd.

1. License Grant, Use, and Restrictions.
Subject to the terms and conditions of this Agreement, when you purchase a membership license of TubeSift, TubeSift.com grants you a nonexclusive, non-transferrable license (the “License”) to use the web-based software application. This License is personal to you and you shall not assign or transfer the License or the TubeSift Software to any third party under any circumstances. All rights not expressly granted herein are reserved.

YOU will (a) not provide, make available to, or permit other individuals to use or access the Software Services, and you will be responsible for any unauthorized activity of the Software Service from your account; (b) not provide use of the Software to third parties, or in a computer service business, network, time-sharing, multiple-CPU or multiple-user arrangement; (c) not sell, resell, rent, or lease the Software Services; (d) not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover the source code of the Software Services; (e) not remove any proprietary notices or labels on the Software Services; (f) not license the Software Services if Client (or any of its Authorized Users) is a direct competitor of TubeSift.com or its affiliated entities for the purposes of monitoring the Software Service’s availability, performance, or functionality or for any other benchmarking or competitive purposes; (g) not use the Software Services to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (h) not use the Software Services to store or transmit malicious code; (i) not interfere with or disrupt the integrity or performance of the Software Services; or (j) not engage in excessive usage of the Site or the Services, as determined by TubeSift.com in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users.

2. Title, Copyright, and Other Rights.
The Software is copyrighted and licensed, not sold. Title to this Software is not transferred to you. This Software includes program code, documentation and processes, which are and remain, the exclusive and proprietary property of TubeSift.com. TubeSift.com retains all rights, title and interest in the Software and all copies and portions thereof. Title, ownership rights, and intellectual property rights in and to the content accessed with the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. License Control.
The licensee acknowledges that the Software may contain code that detect and prevent unauthorized use of the Software Service.

4. Excessive Usage.
The accounts of our Users operate on shared resources and software. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use. Abuse or excessively frequent requests to the Software Service may result in temporary or permanent suspension of your account's access. TubeSift.com, in its sole discretion, will determine abuse or excessive usage of the service. TubeSift.com will make a reasonable attempt via email to warn the account owner prior to suspension. TubeSift.com reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the service (or any part thereof) with or without notice. We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Use for updates.

5. Client Data; Privacy.
TubeSift.com agrees that the data and information uploaded or generated by Client that is stored or processed via the Software Services (the "Client Data") shall be treated as confidential by TubeSift.com and shall remain Client’s sole property. Client agrees that it is responsible for maintaining and protecting backups of all Client Data directly or indirectly processed using the Software Services and that TubeSift.com is not responsible for the failure to store, the loss, or the corruption of Client Data. Client agrees that TubeSift.com and its affiliated entities will collect and track technical and related information about Client and Client’s use of the Software Services, including Client’s internet protocol address, the hardware and software that Client utilizes, and various usage statistics to assist with the necessary operation and function of the Software Services and for internal purposes only, including without limitation to facilitate in the provision of updates, support, invoicing, marketing by TubeSift.com, its affiliated entities, or its agents, and research and development. In the event that TubeSift.com is required or ordered to disclose Client Data to a third party pursuant to judicial order or other compulsion of law, if legally permitted.

6. Refund Policy.
Although we endeavor to provide a very high quality software service, we understand that there are circumstances where you may require a refund. We offer 7 days starting from the time of initial billing/purchase during which you can request a refund and this will be processed for you. For subsequent recurrent billings, you also have 7 days starting from the time of a rebill during which you can request a refund for that particular rebill. Please note that if you refund, all rights to use the product will be revoked, and all your account data will be removed from our database.

7. Termination.
You may terminate your membership at any time. If you do so, all your license rights to The Software service are terminated. However, your responsibilities under this License will continue. In addition, the licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you 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 this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. The License granted in Section 1 will terminate automatically if you fail to cure any material breach of this Agreement within 3 days of written notice, or immediately without notice in the case of a breach of Section 1. Except for the License granted in Section 1 and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.

8. Software Usage and Warranty.
The Client using TubeSift.com software services, accepts the total and sole responsibility for the usage of The Software service. TubeSift.com cannot and is not responsible for any system malfunction while using TubeSift.com software services. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. This software is provided "as is" and TubeSift.com makes no warranties, express, implied, or otherwise, and expressly disclaim all warranties. TubeSift.com does not and cannot warrant the performance or results you may obtain by using the software. If you discover a technical issue or "bug" with TubeSift.com software services, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any upgrades or enhancements for TubeSift.com. TubeSift.com may release updates at times, and from time to time, at its sole discretion.

9. Limitation of Liability.
Notwithstanding anything to the contrary, neither TubeSift.com, nor its partners and affiliates, shall be liable with respect to any subject matter of this agreement under tort, contract, strict liability, or any other legal theory for (a) any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, data, profit or savings, work stoppage, or computer failure or malfunction; (b) any damages in excess of TubeSift.com's list price for a license to the software; or (c) for any claims by any third party, even if TubeSift.com, its representative, or its partners and affiliates shall have been informed of the possibility of such damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUBESIFT.COM OR ITS AFFILIATED ENTITIES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE SERVICES OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH ANY SUCH LIABILITY IS BASED.

10. Governing Law; Venue.
This Agreement is governed by and construed under the laws of the State of Colorado in the United States, without regard to its conflicts of laws principles thereof. The terms of this agreement shall be subject to the exclusive jurisdiction of the courts of the State of Colorado and any dispute relating thereto will be governed by the laws of the State of Colorado, any litigation will be brought in the state or federal court in and for Denver, Colorado, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the County of Denver, State of Colorado. All actions arising out of or relating to this Agreement will be heard and determined exclusively by the state and federal courts located in Denver County, Colorado and the parties hereby consent to and waive any objections with respect to such jurisdiction and venue.

11. Severability.
The provisions of this Agreement are severable. In the event that any provision or portion thereof is found by any court to be invalid or otherwise unenforceable, the remainder of this Agreement will not be affected, and the parties consent to such court's substitution of a valid and enforceable term that approximates the intent and effect of such invalid or unenforceable provision or portion.