Special Rightholders Account - Terms & Conditions

These Terms and Conditions (these „Terms”), which supplement our standard terms and conditions for use of our services on our website, govern the use of a rightsholder's use of the Special Rightsholders Account („SRA”). These Terms constitute a contractual agreement between you and us. By accessing, using and/or signing up for (collectively, „using”) an SRA, you express your understanding and acceptance of these Terms. As used in this document, the terms „you” or „your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, you may not use an SRA.

1. Eligibility

We provide and withdraw SRAs in our sole and complete discretion. You must create an account with us (an „Account”) to use an SRA. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.
You shall not use another person or entity's Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, without limitation of any other provisions herein, you shall indemnify us and hold us harmless for any such unauthorized use.
Your use of an SRA is terminable by us at will for any reason and at our sole discretion, with or without prior notice.Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your Account, and/or (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use an SRA. You agree not to use or attempt to use an SRA after said termination. Upon termination, the grant of your right to use an SRA shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use of an SRA.

2. SRAs

SRAs allow you the ability to directly identify specific content or links as infringing and which removes such content or link from our website automatically (subject still to a counter-notification in accordance with law).
You acknowledge and understand that if you identify any content or website on our website as infringing using an SRA, it shall be deemed as if you have sent us a notification of alleged infringement in accordance with Section 10 of our Terms of Use.As such, you acknowledge and understand that you shall only mark content or a website for which you could in good faith send a notification of alleged infringement in accordance with Section 10 of our Terms of Use. Without limiting the foregoing:
- By identifying content or a link as infringing, you are representing and warranting that you believe the identified content or link constitutes or contains material that is infringing your intellectual property rights;
- By identifying content or a link as infringing, you are representing and warranting that you have a good faith belief that the use of the material (or of the material at the link) is not authorized by you, your agent or the law;
- By identifying content or a link as infringing, you are representing and warranting that all information that you have provided in connection with the SRA (including your contact information) is accurate;
- By identifying content or a link as infringing, you are stating under the penalty of perjury that you are the rightsholder of the allegedly infringed content or that you are authorized to act on behalf of the rightsholder of the allegedly infringed content;
- By identifying content or a link as infringing, you acknowledge and understand that if you knowingly materially misrepresent that the material or activity is infringing, you and the rightsholder shall be liable for any damages, including costs and attorney's fees, incurred by any party relying on such misrepresentation; and
- By identifying content or a link as infringing, you are providing your electronic signature confirming all of the foregoing.
You shall not identify any content or links as infringing unless the content or link contains material that infringes your intellectual property rights.

3. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to our website or the amended Terms to you. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SRA FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

4. Indemnification

You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney's fees and costs, arising from your use of the SRA or from your breach of these Terms.

5. Release

In the event that you have a dispute with any third parties (including those that you allege have infringed your rights), you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service and/or the SRA.

6. Disclaimer of Warranties

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).
SRAs are provided „AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with SRAs.Some jurisdictions do not allow the disclaimer of some warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to such warranties.
WE DO NOT WARRANT THAT (i) THE SRA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SRA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SRA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SRA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED.
ANYTHING OBTAINED THROUGH THE USE OF THE SRA IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

7. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF AN SRA, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE AN SRA, (ii) YOUR RELIANCE ON AN SRA, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SRA OR (iv) THE TERMINATION OF SERVICE BY US.THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH AN SRA.SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH AN SRA OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SRA.WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SRA OR RELATING TO THESE TERMS EXCEED $100.

8. Legal Disputes

To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us (including any claims of infringement arising on or through our service), are governed by the laws of Anguilla, without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN ANGUILLA.FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN ANGUILLA AND ANYWHERE ELSE YOU CAN BE FOUND.You hereby waive any right to seek another venue because of improper or inconvenient forum.
YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

9. General Terms

These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by email (to the email address associated with your Account), regular mail, or postings to our service. You may serve provide us notice by email to abuse@tubidy.cc.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the term „including” is illustrative and not limitative.
If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.