Tubi ("Tubi TV," "Tubi," "we," or "us") provides a video streaming service offering a selection of television shows, movies, clips, and other content (collectively, the " Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by Tubi in connection with its business, however accessed, are referred to collectively as the "Tubi Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
- the tubitv.com website (the "Tubi Site");
- Tubi's affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the Video Player; and
- Tubi authorized applications, features or devices or websites.
3. ACCESS AND USE OF THE Tubi SERVICES
Age Limitations. The Tubi Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Tubi or provide your personal information to Tubi. If you are at least 13 and under 18 years of age, you may register with Tubi only if you have the consent of your parent or guardian.
Your License. Tubi is pleased to grant you a non-exclusive limited license to use the Tubi Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Tubi in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Tubi in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Tubi. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Tubi in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where Tubi has incorporated an embed option in connection with Content on the Tubi Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Tubi (in Tubi's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Tubi reserves the right to prevent embedding to any website or other location that Tubi finds inappropriate or objectionable (as determined by Tubi in its sole discretion).
Ownership. You agree that Tubi owns and retains all rights to the Tubi Services. You further agree that the Content you access and view as part of the Tubi Services is owned or controlled by Tubi and Tubi's licensors. The Tubi Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the Tubi Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Tubi Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Tubi Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Tubi Site or use the Tubi Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights, harassment or harming another individual, impersonate any person or entity, or otherwise misrepresenting yourself.;
- uses technology or other means to access, index, frame or link to the Tubi Services (including the Content) that is not authorized by Tubi (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Tubi Services);
- involves accessing the Tubi Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Tubi Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Tubi Services, including Tubi's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Tubi Services (including the Content);
- uses the Tubi Services to advertise or promote services that are not expressly approved in advance in writing by Tubi;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Tubi;
- interferes with any other party's use and enjoyment of the Tubi Services; or
- attempts to do any of the foregoing.
If Tubi determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and/or (ii) use technical measures to block or restrict your access or use of the Tubi Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Tubi Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Tubi Services to collect information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Tubi Services, you acknowledge that you will have caused substantial harm to Tubi and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Tubi $50 for each such unsolicited communication you send through the Tubi Services.
Downloads. In order to participate in certain Tubi Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Tubi Services (including the Content and the devices through which the Tubi Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Tubi may do so in Tubi's sole discretion. You also agree that Tubi will not be liable to you for any modification, suspension, or discontinuance of the Tubi Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page on tubitv.com.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Tubi. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Tubi representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us through the customer support form available at tubitv.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by logging in on the Tubi website and clicking on Accountunder your name then choosing the "delete my free Tubi account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
5. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Tubi Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Tubi Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Tubi Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Tubi the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Tubi will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Tubi does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Tubi does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Tubi. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Tubi assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Tubi with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Tubi Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org(subject line: "Inappropriate User Material").
7. LINKED DESTINATIONS AND ADVERTISING
Tubi is not responsible for the content or practices of any website or destination other than the Tubi Site, even if it links to the Tubi Site and even if the website or destination is operated by a company affiliated or otherwise connected with Tubi. By using the Tubi Services, you acknowledge and agree that Tubi is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Tubi Site.
Advertisements. Tubi takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Tubi Services are between you and the advertiser, and you agree that Tubi is not liable for any loss or claim that you may have against an advertiser.
Tubi, the Tubi logo, www.tubitv.com, and other Tubi marks, graphics, logos, scripts, and sounds are trademarks of Tubi. None of the Tubi trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is Tubi's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Tubi's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Tubi creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments, and suggestions for improvements to the Tubi Services ("Feedback"). You can submit feedback by reaching out to us email@example.com (subject line: "Feedback") You grant to Tubi an exclusive, worldwide, perpetual, irrevocable, , royaltyfree, sublicensable, and transferable license for derivative works based upon and otherwise exploit the feedback for any purpose by Tubi.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE Tubi SERVICES, YOU AGREE THAT USE OF THE Tubi SERVICES IS AT YOUR OWN RISK. THE Tubi SERVICES, INCLUDING THE Tubi SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Tubi DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE Tubi SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL Tubi OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "Tubi PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Tubi SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES OR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Tubi SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE Tubi PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE Tubi SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE Tubi PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE Tubi SERVICES (INCLUDING YOUR USE OF THE CONTENT). Tubi RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Tubi Services, including through a link, infringes your copyright, you should notify Tubi of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Tubi receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Tubi's copyright agent at firstname.lastname@example.org(subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
560 Mission Street, Suite 1301
San Francisco, CA 94105
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tubi Services that is reasonably sufficient to enable Tubi to identify and locate the material; (iv) how Tubi can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com purposes other than communication about copyright infringement may not be answered.
Tubi has a policy of terminating repeat infringers in appropriate circumstances.
12. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At Tubi, we expect that our world-class customer service team will be able to resolve most issues you may have using the Tubi Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Tubi agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Tubi only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Rather than force everyone to visit us in California, if you can demonstrate that arbitration in California would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in San Francisco County, California.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Tubi, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Tubi reimburse your reasonable attorneys' fees and costs.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Tubi for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Tubi, 560 Mission Street, Suite 1301, San Francisco, CA 94105 - Attn: Legal Department.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Tubi agree on the process described in this Section.
13. GENERAL INFORMATION
International Use. We are a company based in the United States. Tubi's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Tubi does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Tubi Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.