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TERMS OF USE (TOU)

HUBILATION.com Terms of Use
Last Updated Date: April 15th 2019.

HWI Holding OÜ, in subject to the project, d/b/a ‘HUBILATION.com’ (“HUBI”) provides its services through our websites accessible at HUBILATION.com, and any other website for which HUBI owns the domain registration (the “Site”), or parts of websites and apps that HUBI affiliates or cooperates with, its proprietary video storing, editing, accomplishing and viewing platform and the services made available by HUBI therein, including the “HUBI Network,” and certain mobile applications, web system platforms or HUBI software products that allow you to access the HUBI services (collectively, the “Service”). These detailed Terms of Use which incorporate our Privacy Policy, Copyright Policy and Trademark Policy (collectively “TOU”), govern your use of the Service. It is therefore important that you read and understand these TOU.

1. Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING, EDITING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TOU, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You also acknowledge that once your consent is given to a video project (“Project”), the related data may be used, edited, displayed, shared and in any other means used in the scope of the project, as your content becomes part of the entire project and hence its feasibility, and your consent cannot be withdrawn without substantial reason.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase HUBI products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

2. Eligibility
The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.

3. Account Registration
In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. HUBI reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. HUBI reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify HUBI of any unauthorized use of your Account.

4. Privacy
See HUBI’s Privacy Policy for information and notices concerning HUBI’s collection and use of your personal information

5. Ownership and Intellectual Property
The Service and Content are protected by copyright, trademark, and other laws of Estonia, the European Union and foreign countries. Except as expressly provided in these TOU, HUBI and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of HUBI used herein are trademarks or registered trademarks of HUBI. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

6. Your License to Use the Services
“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these TOU, HUBI grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, and to access, use, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these TOU. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HUBI or its licensors, except for the licenses and rights expressly granted in these TOU.

7. User Submitted Content
We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the Service or in response to or in connection with Content previously provided via the Service. We may occasionally ask you to resubmit Content to us in a different form. Unless otherwise agreed in writing, HUBI does not claim any ownership rights in your Content or a Project and nothing in these TOU will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to HUBI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, HUBI, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes subject to any limitations on use of your private Content, if applicable, in the HUBI Privacy Policy; you also grant HUBI the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content. You also grant HUBI the right to use to utilize your Content for the purpose of testing HUBI’s internal technologies and processes. You agree that HUBI may use third party technologies and service providers in the course of exercising any of HUBI’s rights within this section. You agree that neither HUBI nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. This right transfers with the ownership of HUBI. You understand that HUBI does not guarantee any confidentiality with respect to Content you submit. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these TOU.
Notwithstanding the above, if you submit Content to HUBI for HUBI or a Project accomplished by using HUBI, in its sole discretion, to consider using for its own purposes, you may be asked to agree to a separate license agreement that will supersede this provision with respect to such Content. You acknowledge and agree that HUBI has no obligation to use any Content that you submit and that you have no obligation to agree to license terms other than those presented in this TOU.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to HUBI the rights in such Content, as contemplated under these TOU; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or HUBI’s use of the Content (or any portion thereof) as contemplated under these TOU on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Hubi reserves the right to retrain, block, ban or erase Content, part of Content, or related user accounts, if Content shows or contains or relates to nudity or sexual content, harmful or dangerous content, hateful content, violent or graphic content, harassment or cyberbullying, spam or misleading meta data or scams, or contain threats of any from. Hubi handles breaches of these rules strickly, even if a certain Content does not fully or only in part trespass against a law and only violate Hubi guidelines or standards.

8. Idea or Proposal Submissions/Feedback
For any proposals or ideas that you submit to HUBI, in addition to any other representations or warranties in these TOU, you warrant that you have the right to disclose such ideas or proposal to HUBI and that such disclosure does not violate the rights of any other person or party. You will be liable to HUBI and indemnify HUBI for any breach by you of the foregoing warranty. This means you will be responsible for any loss or damage that HUBI suffers as a result of your breach of this warranty
By submitting your idea or proposal you acknowledge and recognize that HUBI has a number of services and service lines and is continually busy working on new services and technologies, and as such, HUBI may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this TOU shall be construed as a representation or inference that HUBI will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, HUBI assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to HUBI product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that HUBI’s willingness to review any proposals or ideas is not an admission by HUBI of novelty, priority, or originality and does not impair HUBI’s right to contest existing or future patents or copyrights claiming the ideas. You agree that HUBI assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under applicable Patent and Copyright Statutes.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of HUBI and you hereby irrevocably assign to HUBI and agree to irrevocably assign to HUBI all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

9. Copyright Policy
HUBI respects copyright law and expects its users to do the same. HUBI has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HUBI’s Copyright Policy, for further information.

10. General Prohibitions
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes, demonstrates or constitutes illegal or harmful activities or substances.
• Use, display, mirror or frame the Service, or any individual element within the Service, HUBI’s name, any HUBI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HUBI’s express written consent;
• Access, tamper with, or use non-public areas of the Service, HUBI’s computer systems, or the technical delivery systems of HUBI’s providers;
• Attempt to probe, scan, or test the vulnerability of any HUBI system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HUBI or any of HUBI’s providers or any other third party (including another user) to protect the Service or Content;
• Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HUBI or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a HUBI trademark, logo URL or product name without HUBI’s express written consent;
• Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these TOU;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
HUBI will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HUBI may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOU. You acknowledge that HUBI has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HUBI reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that HUBI, at its sole discretion, considers to be objectionable for any reason, in violation of these TOU or otherwise harmful to the Service.

11. Links
The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that HUBI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HUBI of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. Sweepstakes and Contests
HUBI may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Service. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Service, as they may contain additional important information about HUBI’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these TOU, the terms and conditions of such Official Rules will control.

13. Modification
HUBI reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these TOU at any time. If we modify these TOU, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. You may also be asked to re-acknowledge and re-accept the TOU following any material changes. If the modified TOU are not acceptable to you, your only recourse is to cease using the Service.

14. Termination and Account Cancellation
If you breach any of these TOU, HUBI will have the right to suspend or disable your Account or terminate these TOU, at its sole discretion and without prior notice to you. HUBI is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service. Your rights under these TOU will terminate immediately and automatically, with or without notice in HUBI’s sole discretion, if HUBI ceases to support the Service. HUBI reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting HUBI Support at info.HUBI@gmail.com. You acknowledge that any Content you provided in any form to contribute in a Project will be kept restored, accessible and usable for the project and as described above, and any deletion can only be processed by confirmation of the project owner, only as long as the project is not finished and / or released.

15. Disclaimers
THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HUBI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HUBI MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HUBI MAKES NO WARRANTY THAT HUBI WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND HUBI RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. HUBI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUBI OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.

16. Indemnity
You will be liable to HUBI and indemnify HUBI, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of your violation of these TOU. This means you will be responsible for any loss or damage that HUBI suffers as a result of your breach of the TOU.
Please note the following legally mandatory information: The EU Commission provides a platform for online dispute resolution. It can be reached at http://ec.europa.eu/consumers/odr/.

17. Limitation and Liability
Nothing in these TOU excludes or limits HUBI’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by EU law. To the extent permitted by law, HUBI excludes all conditions, warranties, representations or other terms which may apply to the Site, App, Services and any Content, whether express or implied. HUBI will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Service, App or Site; or (ii) use of or reliance on any Content displayed through the Services, App or Site. In particular, HUBI will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

18. Controlling Law and Jurisdiction
These TOU and any action related thereto will be governed by the laws of Estonia without regard to its conflict of laws provisions.

19. Entire Agreement
These TOU constitute the entire and exclusive understanding and agreement between HUBI and you regarding the Service and Content, and these TOU supersede and replace any and all prior oral or written understandings or agreements between HUBI and you regarding the Service and Content.

20. Assignment
HUBI may assign or transfer these TOU, at its sole discretion, without restriction.

21. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these TOU, will be given by HUBI (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

22. General
The failure of HUBI to enforce any right or provision of these TOU will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HUBI. Except as expressly set forth in these TOU, the exercise by either party of any of its remedies under these TOU will be without prejudice to its other remedies under these TOU or otherwise. If for any reason a court of competent jurisdiction finds any provision of these TOU invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TOU will remain in full force and effect.

23. Contacting HUBI
If you have any questions about these TOU, please contact HUBI Support at info@hubilation.com.

 

 

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