Terms of Service

Terms of Service Last updated: July 25, 2023 At TubeX (we or us), we provide an AI-based web application tool that allows non-English speaking users to directly watch YouTube videos and read English content from Wikipedia. Our mission is to bring high-quality content from the English-speaking world to users in non-English speaking countries, enabling the spread of knowledge and experiences, and helping users improve their English skills and participate in global communication. Before using our services (as defined below), please read these Terms of Service, our Privacy Policy, and the TubeX Community Guidelines. These Terms of Service govern your use of our services. Acceptance of Terms TubeX provides its services through its website located at Hercules.ink (Website) or other means determined by us. By accepting these Terms of Service, or by accessing or using the services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms of Service on behalf of a company, business entity, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case, the terms you or your shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree to these Terms of Service, you may not accept these Terms of Service and may not use or access the services or website. Upon acceptance by you, these Terms of Service constitute a legally binding contract between TubeX and you, and you agree to comply with any and all terms and conditions provided herein. TubeX may change these Terms of Service at any time, with a notice of thirty (30) days, by sending an email notification to the email address provided by you or by posting the notice on the website. You may review the most current version of the Terms of Service on the website. The revised terms and conditions shall become effective thirty (30) days after they are published or notified, and your use of the services after this date shall constitute acceptance of the revised Terms of Service. If you do not agree to any changes to these Terms of Service, your sole remedy is to stop using the services. By using the services, you may be required to provide certain information to TubeX, including but not limited to your email address, and TubeX may use this address to communicate with you. Service Description The services refer to all design and development services provided by TubeX through its products, including but not limited to the website, TubeXs software-as-a-service platform, the TubeX software-as-a-service platform for managing highlights, and all software (as defined below), data, reports, text, images, sounds, videos, and content (collectively referred to as Content) provided through any of the foregoing. Any new features that enhance or extend the services are also subject to these Terms of Service. Additional Terms for Designers and Customers The services are intended to enable customers (Customers) to highlight information on the internet, share highlights with others, and manage highlighted or collected information. The services may be subject to additional terms and conditions, including payment terms if you are a Customer. If you are a Customer, you must agree to the additional terms and conditions (Additional Terms) specified by TubeX before using the services, which can be found at [URL for Additional Terms]. In the event of any conflict between these Terms of Service and any Additional Terms, the Additional Terms shall prevail. General Conditions of Service / Access and Use of Services By the provisions of these Terms of Service, you may only access and use the services for lawful purposes. All rights, title, and interest in and to the services are owned exclusively by TubeX and reserved. You may not (a) transfer, resell, rent, lease, lend, assign, distribute, or provide access to the services in any commercial manner to any third party; (b) use the services in any unlawful manner (including but not limited to violating any applicable data, privacy, or export control laws), or in any manner that interferes with or disrupts the integrity or performance of the services or their components; or (c) modify, adapt, or hack the services, or attempt to gain unauthorized access to the services or their related systems or networks. You shall comply with any code of conduct, policies, or other notices provided or published by TubeX in connection with the services, and if you become aware of any security vulnerabilities related to the services, you shall promptly notify TubeX. TubeX owns and provides through the website any software (Software) associated with the services, which contains proprietary and confidential information protected by applicable intellectual property and other laws. Except as expressly provided in these Terms of Service, TubeX grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of the Software solely on your devices associated with the services, provided that you may not (and may not allow any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. You agree not to access the services in any manner other than through the interfaces provided by TubeX. All rights not expressly granted herein are reserved and no license or right to use any TubeX or third-party trademarks associated with the services is granted to you. You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials (Your Content) that you upload, post, transmit, provide, or otherwise make available in connection with the services. You are responsible for maintaining the confidentiality of any information related to you or provided by you and for all activities that occur in connection with your use of the services. TubeX reserves the right to access information related to you or provided by you in order to respond to your requests for technical support. By providing Your Content on or through the services, you hereby grant TubeX a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, copy, distribute, display, publish, and perform Your Content solely for the purpose of providing the services. TubeX has the right, but not the obligation, to monitor the services, content, or Your Content. You further agree that TubeX has the right to remove or disable any content at any time for any reason (including but not limited to claims or allegations by third parties or authorities regarding such content). You understand that the operation of the services, including Your Content, may involve (a) transmissions over various networks; (b) changes and adjustments to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to TubeXs third-party vendors and hosting partners for the purpose of providing the hardware, software, networking, storage, and related technology required to operate and maintain the services. Therefore, you acknowledge that you are solely responsible for the full security, protection, and backup of Your Content. TubeX shall have no liability for any unauthorized access to or use of Your Content, or for any damage, deletion, destruction, or loss of Your Content. You are responsible for obtaining and maintaining any equipment and ancillary services necessary to connect, access, or otherwise use the services, including but not limited to modems, hardware, servers, software, operating systems, networks, web servers, long distance and local telephone service (collectively, Equipment). You are responsible for ensuring that such Equipment is compatible with the services (and any software within the scope of these Terms of Service) and conforms to all configurations and specifications set forth in the policies published by TubeX. You are also responsible for the security of the Equipment and the information and files provided by it, and you are solely responsible for all use of your contact information or the use of your Equipment (whether or not you are aware of or consent to such use). The failure by TubeX to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You acknowledge that these Terms of Service constitute a legally binding contract between you and TubeX, and it shall apply to your use of the services, even if it is an electronic signature and is not physically signed by you and TubeX. Our Rights to Use Your Content We may use Your Content in various ways, including publicly displaying, reformatting, incorporating it into advertisements and other works, creating derivative works, promoting, distributing, and allowing others to use Your Content on their own websites and media platforms (Other Media) in connection with their use of the services and Other Media. Therefore, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable, sublicensable, and assignable right to use Your Content for any purpose. Please note that you also irrevocably grant users of the services and any Other Media the right to access Your Content in connection with their use of the services and any Other Media. Finally, you irrevocably waive and cause to be waived any claims or assertions of moral rights or attribution with respect to Your Content against TubeX and its users. In this context, use means use, reproduce, publicly perform and display, reproduce, distribute, modify, translate, delete, analyze, commercialize, and prepare derivative works of Your Content. Representations and Warranties You represent and warrant to TubeX that: (i) you have full power and authority to enter into these Terms of Service; (ii) you own all rights or have obtained all licenses, releases, rights, or permissions necessary to grant TubeX the rights and licenses granted under these Terms of Service without the need for any further licenses or consents; (iii) Your Content and any other activities related to the services, as well as TubeXs exercise of all rights and licenses granted to TubeX under these Terms of Service with respect to Your Content, do not and will not violate, infringe, or misappropriate any third-partys copyright, trademark, privacy, or publicity rights, and do not contain any defamatory, obscene, illegal, threatening, abusive, infringing, offensive, or harassing content; and (iv) you are eighteen (18) years of age or older. Termination TubeX reserves the right, at its sole discretion, to restrict, suspend, or terminate these Terms of Service and your rights to access or use all or any part of the website or services for any reason, without prior notice or liability. TubeX also reserves the right, at any time, without prior notice or liability, to change, suspend, or terminate all or part of the website or services. Notwithstanding the provisions of the foregoing two paragraphs, all rights and obligations of the parties under these Terms of Service that by their nature should survive the termination, or in the event of the limitation, suspension, or termination of these Terms of Service or the website, shall continue to exist. Disclaimer The services, including the website and any content, as well as all servers and network components, are provided on an as is and as available basis, without any form of warranty, including but not limited to any implied warranties of merchantability, ownership, fitness for a particular purpose, and non-infringement. You acknowledge that TubeX does not warrant that the services will be uninterrupted, timely, secure, error-free, or free of viruses, and TubeX makes no warranty regarding the results that may be obtained from the use of the services. Any information, advice, or services obtained from TubeX or through the services shall not create any warranty not expressly stated in these Terms of Service. Limitation of Liability The services, including the website and any content, as well as all servers and network components, are provided on an as is and as available basis, without any form of warranty. TubeX expressly disclaims any and all express or implied warranties, including but not limited to merchantability, ownership, fitness for a particular purpose, and non-infringement. You acknowledge that TubeX does not warrant that the services will be uninterrupted, timely, secure, error-free, or free of viruses, and TubeX makes no warranty regarding the results that may be obtained from the use of the services. Certain jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such jurisdictions, TubeXs liability shall be limited to the maximum extent permitted by applicable law. Indemnification You shall defend, indemnify, and hold harmless TubeX from and against any claims, lawsuits, or demands, including but not limited to reasonable legal and accounting fees, arising out of or in connection with your breach of these Terms of Service, your Content, or any other access, contribution, use, or misuse of the services by you. TubeX shall send you notice of any such claims, lawsuits, or demands. TubeX reserves the right to assume the exclusive defense and control of any matter for which it is entitled to indemnification under this section. In such case, you agree to cooperate and assist TubeX with its reasonable requests to defend such matter. U.S. Government Matters You may not remove or export from the United States, or allow the export or re-export of, any material related to the services or matters related thereto, or any direct product thereof, in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the U.S. Department of the Treasurys Office of Foreign Assets Control, or any other United States or foreign agency or authority. The software and documentation (if applicable) that TubeX installs on your device are deemed to be commercial items as defined in FAR 2.101, commercial computer software and commercial computer software documentation as defined in DFAR 252.227-7014(a)(1) and (5), and are being licensed to the U.S. Government only as commercial items and commercial computer software documentation, with the same rights and restrictions, according to DFAR 227.7202 and FAR 12.212. Assignment You may not assign these Terms of Service without the prior written consent of TubeX, but TubeX may freely assign or transfer all or any part of these Terms of Service. Other Matters If any provision of these Terms of Service is deemed to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. You hereby agree to the following: (i) these Terms of Service and any other applicable terms constitute the entire and exclusive understanding between TubeX and you, and supersede and cancel all prior written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Service; (ii) all waivers and modifications must be in writing and signed by TubeX and you, except as otherwise provided herein. These Terms of Service do not create an agency, partnership, joint venture, or employment relationship, and you have no authority to act on behalf of TubeX in any way. In any litigation or proceeding to enforce rights under these Terms of Service, the prevailing party shall be entitled to recover costs and attorneys fees. All notices under these Terms of Service must be in writing and shall be deemed to have been given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; when sent by overnight courier with acknowledgment of receipt requested; or when received by certified or registered mail, return receipt requested. The law of the State of California shall govern these Terms of Service, without regard to its conflict of laws principles. Unless TubeX elects otherwise in a particular case, you expressly agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California, for the resolution of any disputes. Privacy TubeXs collection and use of personal information and other data are governed by TubeXs Privacy Policy, which can be found at https://TubeX.ink/privacy-policy. Community Guidelines Before participating in TubeX, please read the TubeX Community Guidelines, which can be found at https://TubeX.co/community-guidelines, outlining our guidelines for using the services. Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. TubeX will promptly process and investigate notices of alleged copyright infringement and will take appropriate action under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. Notices of claimed infringement should be emailed to TubeXs Copyright Agent at hi@TubeX.co (subject line: DMCA Takedown Request). You may also contact us by mail or fax at: Attention: Copyright Agent TubeX 1 Embarcadero Center, Lobby Level, 2nd Floor, ELI #112, San Francisco, CA 94111. Please note: To be effective, the notification must be in writing and include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the allegedly infringing material is located on the website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf. Counter-Notice: If you believe that the material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to law, to post and use such material, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Northern California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If the copyright agent receives a counter-notice, TubeX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored, at TubeXs sole discretion, within 10 to 14 business days or more after receipt of the counter-notice. Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, TubeX has adopted a policy of terminating, in appropriate circumstances and at TubeXs sole discretion, members who are deemed to be repeat infringers and TubeX may limit access to the website and/or terminate the membership of any user who infringes on the intellectual property rights of others, regardless of whether there is repeat infringement.