IN THESE TERMS OF SERVICE, "WE," "US," "ITS" AND "OUR" REFER TO TutorialTub.com and its parent company Macrospecs, Inc. (“TutorialTub”), AND "YOU" AND "YOUR" REFER TO YOU. Before using TutorialTub, please read this agreement relating to your use of this website carefully.
By using and/or visiting this website (collectively, including all Content available through the TutorialTub.com domain name, the "TutorialTub Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms please do not use the TutorialTub Website.
TutorialTub may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. It is your responsibility to check for updates to the Terms. Your continued use of the Website indicates your acceptance of any and all revised Terms. TutorialTub reserves the right to suspend or terminate your account at any time or discontinue your access to the Website or the Service for any reason. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the TutorialTub Website, including users who are also contributors of content, information, and other materials or services on the Website.
The TutorialTub Website may contain links to third party websites that are not owned or controlled by Macrospecs, Inc. TutorialTub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TutorialTub will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TutorialTub from any and all liability arising from your use of any third-party website.
In order to access some features of the Website, you will have to create a TutorialTub account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TutorialTub immediately of any breach of security or unauthorized use of your account.
Although TutorialTub will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TutorialTub or others due to such unauthorized use.
TutorialTub hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without TutorialTub's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TutorialTub 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. Notwithstanding the foregoing, TutorialTub grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TutorialTub reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
D. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
E. TutorialTub reserves the right to discontinue any aspect of the TutorialTub Website at any time.
You agree to NOT use the Service to:
A. Upload, post or otherwise transmit any content that is in TutorialTub’s opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
B. Harm minors in any way, as seen by TutorialTub or applicable law;
C. Impersonate any person or entity, including, but not limited to, a TutorialTub staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
E. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
G. Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
H. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
J. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
K. "Stalk" or otherwise harass another person or company;
L. Collect or store personal data about other users for business purposes;
M. Use TutorialTub as a forwarding service to another website;
N. Allow usage by others in such a way as to violate TutorialTub’s TOS;
The content on the TutorialTub Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TutorialTub, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TutorialTub reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the TutorialTub Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the TutorialTub Service or otherwise as prohibited under this Agreement.
You may access TutorialTub Content, User Submissions and other content only as permitted under this Agreement. TutorialTub reserves all rights not expressly granted in and to the TutorialTub Content and the TutorialTub Service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
Fou agree not to circumvent, disable or otherwise interfere with security-related features of the TutorialTub Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TutorialTub Website or the Content therein.
You understand that when using the TutorialTub Website, you will be exposed to User Submissions from a variety of sources, and that TutorialTub is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TutorialTub with respect thereto, and agree to indemnify and hold TutorialTub, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As a TutorialTub account holder you may submit content. User submitted text and uploaded pictures are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TutorialTub does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TutorialTub to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TutorialTub, you hereby grant TutorialTub a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TutorialTub Website and TutorialTub 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TutorialTub Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TutorialTub Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that TutorialTub may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable. TutorialTub reserves to the right to refuse to delete user submitted content. By signing up at this website you grant TutorialTub the right to keep your tutorials online perpetually.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TutorialTub all of the license rights granted herein.
TutorialTub does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TutorialTub expressly disclaims any and all liability in connection with User Submissions. TutorialTub does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TutorialTub will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TutorialTub reserves the right to remove Content and User Submissions without prior notice.
TutorialTub will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. TutorialTub reserves the right to terminate a user’s account for any reason.
TutorialTub reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TutorialTub may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
TutorialTub offers authors the ability to share in ad revenue from third party websites.
Your use of the Services constitutes your agreement to uphold and be subject to these additional terms and conditions.
TutorialTub reserves the right to modify the ad revenue percentage share (including the percentage for referrals) at any time.
As a Website user or an author, you agree to maintain compliance with the policies and eligibility requirements imposed by TutorialTub, as well as those that may be imposed by third parties with whom you may engage in the course of your participation in Impression sharing services.
By registering with third parties that share ad revenue with users and inputting that information into the Website, You hereby appoint TutorialTub as your exclusive agent to handle all such third party ad-sharing transactions as well as to input your ads into the pages you create.
It's possible that at some point, in TutorialTub's sole discretion, TutorialTub may elect not to maintain the structure described in this document. TutorialTub may, for example, have to change the percentages or details of the revenue sharing.
The revenue sharing is only for attributable impressions. These are impressions that occur directly on a tutorial which you wrote. TutorialTub splits the revenue based on a random rotation of your ads and TutorialTub’s which is about a 50/50 split.
By using this website, you acknowledge and agree that TutorialTub will not be responsible for, and will not be obligated in any manner to repay you for, any lost earnings.
YOU AGREE THAT YOUR USE OF THE TUTORIALTUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TUTORIALTUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TUTORIALTUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUTORIALTUB WEBSITE. TUTORIALTUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TUTORIALTUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TUTORIALTUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INVESTMENT & FINANCIAL INFORMATION: The Content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither TutorialTub, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the Content on the Site.
MEDICAL & HEALTH INFORMATION: The Content located on the Site should not be interpreted as medical or health advice. The Content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither TutorialTub, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content on the Site.
LEGAL INFORMATION: The Content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither TutorialTub, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the Content on the Site.
IN NO EVENT SHALL TUTORIALTUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUTORIALTUB WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TUTORIALTUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by TutorialTub from its facilities in the United States of America. TutorialTub makes no representations that the TutorialTub Website is appropriate or available for use in other locations. Those who access or use the TutorialTub Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless TutorialTub, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TutorialTub Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TutorialTub Website.
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the TutorialTub Website is not intended for children under 18. If you are under 18 years of age, then please do not use the TutorialTub Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TutorialTub without restriction.
You agree that: (i) the TutorialTub Website shall be deemed solely based in California; and (ii) the TutorialTub Website shall be deemed a passive website that does not give rise to personal jurisdiction over TutorialTub, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and TutorialTub that arises in whole or in part from the TutorialTub Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service and any other legal notices published by TutorialTub on the Website, shall constitute the entire agreement between you and TutorialTub concerning the TutorialTub Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TutorialTub's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TutorialTub reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TutorialTub Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TUTORIALTUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUTUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.