Terms & Conditions
Last updated March, 2023
These Terms apply to all visitors, users and others who wish to access or use the Service.
Tubit is intended solely for Users who are at least 18 years old. By using Tubit, You represent and warrant that You have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. You may not authorize others to use Your subscription, and You may not assign or otherwise transfer Your account to any other person or entity. Tubit may terminate your account at any time delete any content or information you have submitted, and prohibit you from using the Software or Service, if it has any reason to believe that you are under 18 years old.
USING TUBIT; SUBSCRIPTION
Upon registering with the Tubit, a User shall have the right to subscribe for a premium access and purchase coins which can be spent on Tubit, particularly:
Sending Gifts starting from 99 Coins per Gift.
Subscription for a premium access automatically renews unless turned off in at least 24 hours before the end of the current period in your iTunes/Google account.
Tubit owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, unconditionally. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), trade secrets and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Tubit and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
RESTRICTIONS OF USE AND USER WARRANTIES
- You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
- You agree that Tubit may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in the sole judgment of Tubit violate these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Users or any third parties.
- By posting Content to any public area of Tubit You automatically grant, represent and warrant that You have the right to grant to Tubit an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- You are solely responsible for the Content that You publish, stream, transmit, display or transfer to other Users via Tubit. In case there is another person seen in Your Content then such person should be notified about that and the prior written consent should be received from them.
Content that is illegal or prohibited on Tubit is as follows - the Content that
- promotes racism, hatred, abuse or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- publicly displays inappropriate Content or material, involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Tubit prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- promotes or facilitates human trafficking, sex trafficking, or abusе.
Tubit reserves the right to investigate and take corresponding legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the subscription and use of such violators.
- You may not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users.
- To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
- You may not collect data from Tubit through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Tubit. You may not collect data from Tubit authorized zones by any other means including manual collection of data.
- You agree not to use third person identity (name, photos, other personal information). If we reveal profile with a third person’s identity, we are entitled to delete such profile.
- In the event, a User is found on an anti-scam site, or in case we receive reliable proof of the User's illegal activities from another User, such User's profile may be deleted from the Website/ Application provided that Tubit, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. Tubit may issue a partial refund to the User who provided such information.
- In case You violate clause 4 or clause 12 of the Terms you shall be liable to pay to us a contractual penalty in the amount that can be determined by us according to our equitable discretion and the appropriateness of which can be reviewed by the competent court in the event of doubt.
To provide the Service, Tubit may purchase services from various third parties (collectively, “Third parties”).
The Third parties are independent contractors and are not agents, or employees of Tubit. Tubit is not responsible for the willful or negligent acts and/or omissions of any Third party or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Third parties, Tubit is prohibited from rendering the Third parties’ contact information. Services provided by the Third parties include but are not limited to the following:
- Third parties provide full, accurate and legitimate information required for the registration of the Users at Tubit prior to their registration according to the terms of Agreement.
- Third parties provide full, correct and quality translation of all correspondence of their Users.
- Third parties provide additional services in accordance to the terms of their agreement with Tubit.
- Any additional services requested by Tubit Users, which fall into the Third parties scope of activity, but not defined by Tubit terms of Agreement with a Third Party, may be processed by Third parties, but are not automatically granted.
Tubit is not in any way responsible for the quality of any additional services provided by the Third parties.
- Tubit provides the service on an “as is” and “as available” basis with no warranties of any kind. To the maximum extent prescribed by law, the Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non- infringement, and accuracy of information generated.
- Furthermore, Tubit does not warrant that your use of the service will be secure, uninterrupted, always available, complete or free of errors, or that the service will meet your requirements or that any defects in the service will be corrected. Tubit disclaims liability for, and no warranty is made with regards to, connectivity and availability. Tubit does not warrant that the Software or Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use Tubit.
- Tubit can neither guarantee that each User is at least 18 years old, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation hereof , although each User must agree to these Terms. Moreover, it is possible that other Users may post or transmit offensive or obscene materials through Tubit and that You may be involuntarily exposed to such offensive or obscene materials.
- Tubit is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others.
- Users understand and agree that they transfer, display, store, view or receive Content through the Software and Services at their own discretion and risk and that they will be solely responsible for any damage that results from the Software and Service or any content, including any loss of data or damage to their property (including your device and computer system).
- Tubit is not responsible for the conduct, whether online or offline, of any user of Tubit and for communication between Users whether online or offline.
- Tubit is not liable for any loss or damage, including injury or death, resulting from anyone’s use of Tubit, any Content posted on Tubit or transmitted to Users.
These Terms will remain in full force and effect while You use Tubit and/or are a User of Tubit. You may terminate Your subscription at any time, for any reason, effective upon receipt of Your written notice of termination by Tubit customer support staff.
LIMITATION OF LIABILITY
In no event shall Tubit be liable to Users or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits resulting from their use of Tubit, as well as damages for loss of data, loss of programs, cost of obtaining substitute services, or service interruptions, except in jurisdictions where such provisions are restricted. In addition to using our services, Tubit is not liable for any costs associated with connecting with Users on our website (including, but not limited to expenses related to travel, deliveries, meetings etc.).
EXPORT AND SANCTIONS
Software from Tubit is further subject to United States export controls. No Software may be downloaded from Tubit or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Republic of Belarus, Russian Federation, territories occupied by the Russian Federation, or any other Country to which the U.S. has embargoed goods; or
(ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
If You live in US or Canada:
Read this section carefully because it requires the parties to submit their disputes to binding arbitration and limits the manner in which you can seek relief from Tubit.
Any dispute or claim relating in any way to your visit to or use of Service sold or distributed by Tubit or through Tubit shall be resolved in the following manner.
- Informal Process First. You agree to first contact Tubit Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
- Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Service and/or this Terms, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Terms to arbitrate, by binding arbitration.
- Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules (“CPLR”) § 7504. The parties irrevocable consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
- Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitratal proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
- Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
- Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, Tubit will pay them for You.
- Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
- Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
- Class action and jury trial waiver. you and Tubit agree that any and all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. this waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. you agree that, by entering into this agreement, you and Tubit are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action or other representative proceeding.
If You live in the European Union or anywhere else:
You will attempt to resolve all disputes with respect to the Services offered by us through communication with our Customer Support Team. If parties are unable to resolve the dispute in 60 days, then such dispute or difference arising out of or in connection with this Terms shall first be referred to and finally resolved by Nicosia District Court.
USERS’ DISPUTE RESOLUTION
Users are solely responsible for their interactions with other Tubit Users. Tubit reserves the right, but has no obligation, to monitor disputes between Users.
Hereby you agree to indemnify Tubit, our affiliates, subsidiaries, partners, officers, directors, employees, contractors and suppliers from and against any and all claims, obligations, actions, losses, liability, demands, costs and any other damages including but not limited to reasonable attorneys’ fees made by such parties, connected with or arising out of:
(a) your violation of any rights of any third party, or
(b) any other party’s access and use of Tubit, its Software with your phone number or username, or
(c) your use or misuse of Tubit, its Software your violation or breach of any term hereof or of any applicable law, rule or regulation, whether or not referenced herein, or
(d) your Content or other communication displayed or transmitted by means of Tubit, its Software, or
(e) your violation or breach of any term hereof or of any applicable law, rule or regulation, whether or not referenced herein.