Terms of Service

Updated: April 2012

In using this website or our software products you are deemed to have read and agreed to the following terms and conditions:
 
Your use of our Internet sites or any of the information, links, products or services offered on those sites (collectively, the “Services”) is subject to these Terms of Use (these “Terms”). Sincell, LLC (“Sincell”), at its sole discretion, may change the Terms, conditions and operation of this website (the “Site”) at any time without notice to you. You agree to review the Website periodically to be aware of any such amendments. By using this Site and/or any of its Services, you agree to the Terms, including any modifications we make, and further waive any rights or claims you may have against Sincell.

BY DOWNLOADING AND INSTALLING OR USING TUBE TOOLBOX YOU AGREE TO BE BOUND BY THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL, OR USE TUBE TOOLBOX.

Privacy Statement
We are committed to protecting your privacy. Please read our Privacy Policy for full details.

General Restrictions
You agree to use our Services only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent.

Adherence to YouTube© Terms of Service
YOU AGREE TO FOLLOW AND ADHERE TO YOUTUBE© TERMS OF SERVICE WHICH CAN BE SEEN HERE YOUTUBE TOS. YOU SHOULD REVIEW YOUTUBE’S WEBSITE FOR THEIR MOST RECENT TERMS OF SERVICE. IN REGARDS TO USING PRODUCTS LIKE TUBE TOOLBOX, SECTION “H”, OF YOUTUBE’S “GENERAL USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS” SECTION, PROHIBITS THE USE OF “ROBOTS”, “SPIDERS” OR “OFFLINE READERS” ”…IN A MANNER THAT SENDS MORE REQUEST MESSAGES TO THE YOUTUBE SERVERS IN A GIVEN PERIOD OF TIME THAN A HUMAN CAN REASONABLY PRODUCE IN THE SAME PERIOD BY USING A CONVENTIONAL ON-LINE WEB BROWSER…”.

SINCELL HAS PERFORMED EXTENSIVE TESTING TO INSURE THE MINIMUM DELAY TIMES FOR ALL BULK FEATURES ADHERE TO YOUTUBE’S TERMS OF SERVICE. THE RESULTS OF THESE TESTS AND THE CORRESPONDING DELAY TIMINGS CAN BE FOUND HERE - TEST RESULTS. TUBE TOOLBOX DOES NOT ALLOW YOU TO CHANGE THE MINIMUM DELAY SETTINGS TO BE LESS THAN THE TIMINGS FOUND IN OUR YOUTUBE TERMS OF SERVICE ADHERENCE TESTING. USAGE OF MULTIPLE INSTANCES OF TUBE TOOLBOX COULD BYPASS CONTROLS PUT IN PLACE WITHIN TUBE TOOLBOX AND, THEREFORE, NOT MEET YOUTUBE’S TERMS OF SERVICE. CONSEQUENTLY, RUNNING MULTIPLE INSTANCES OF TUBE TOOLBOX THAT CONFLICTS WITH YOUTUBE’S TERMS OF SERVICE IS EXPRESSLY PROHIBITED.

Payments & Trials
You agree to pay using a valid credit card, debit card, Paypal, or other payment option provided by Sincell, LLC ("Payment Method") and affirm that you are authorized to use such Payment Method. We reserve the right to suspend use of the Website and/or Services to any delinquent account without notice. You agree to provide us with accurate payment information. You further agree that we may store and use the payment information you provide (including credit or debit card information) for use in maintaining your account and billing fees for future authorized purchases. In an effort to protect against fraud and misuse of our Website and Services, we actively analyze purchases, attempted purchases, high-volume usage activity, and use of the Website to help us identify and block individuals suspected of misuse and/or fraudulent activity from using the Website and our Services in the future. Similarly, we may use that information, in conjunction with our security partners and / or law enforcement to assist those we reasonably believed to have been victimized by such fraudulent use of the Website and Services. We may share data (including, but not limited to, suspect payment information, email addresses, IP addresses, etc. and searches conducted) with our payment processors, and law enforcement, in an effort to reduce fraud. You consent to the provision of this information (including keyword search data) for such investigative purposes. You further agree to fully cooperate with all audits and investigations of our customers and systems/ We offer several subscription options. Some subscriptions are fixed term and others include periodic recurring payment subscriptions, for example, monthly recurring payments. For recurring payments, we will continue to bill your Payment Method on a recurring basis on the anniversary of your membership period until you cancel. You may cancel your membership at any time, and cancellation will be effective immediately. We do not provide refunds for any partial membership periods.

Fraud Warning
Persons who intentionally gain access to this site with no intention of paying for our Services, and later dispute the charge with their financial institution and/or refuse to pay the charge, are committing fraud and are subject to criminal and civil litigation under interstate commerce laws. If you don't have any intention of paying for your purchase or membership, don't sign up!

Disclaimer Exclusions and Limitations
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE TUBE TOOLBOX SITE AND SERVICES ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SINCELL, LLC MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, IF YOUR YOUTUBE CHANNEL IS SUSPENDED BY YOUTUBE. USAGE OF OUR SERVICES IS DONE AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, SINCELL, LLC SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE WWW.TUBETOOLBOX.COM WEB SITE AND THAT SINCELL, LLC MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS SINCELL, LLC MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL SINCELL, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST SINCELL, LLC WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification
You agree that you shall indemnify, defend and hold harmless Sincell, LLC, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Services against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Services and your use or distribution of any information obtained therefrom. You will promptly notify us of any such claim.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.  The brand names and specific services of this Company featured on this web site are trade marked.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in San Diego County, California. In addition, we reserve the right to refuse service to anyone for any reason we feel appropriate.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers‟ Personally Identifiable Information, notification by e -mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Sincell, LLC 2012 All Rights Reserved