- AVAILABILITY OF PRODUCTS
6.1 While we aim to provide you with the best possible service, we do not promise that the Product will meet your requirements and we cannot guarantee that the Product will be fault-free. If a fault occurs in the products, inform us at support@FyTube.com and review your complaint and when we determine that it is appropriate to do so, we will correct the fault. If the need arises, we may suspend access to l Product while we address the fault. We will not be liable to you if the Product is not available for a commercially reasonable period of time.
6.2 Your access to l Product may be occasionally restricted to allow for repairs, maintenance or the introduction of new updates . We will restore the Product as soon as possible. In the event that the Product is not available, our usual subscription terms will apply , taking into account our Subscription Terms.
7 . LINKS TO WEBSITES / HOME PAGE
7 .1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources in or available in, or ( d) the use that others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
7 .2 You may link to our home page, provided you do so in a way that is fair and legal and does not harm or take advantage of our reputation, but you must not link in such a way as to suggest any form of association, approval or endorsement from us where it does not exist. You must not link from any website that is not owned by you. The product should not be framed on any other website, nor can link to any part of l Product unless you have written permission from FyTube to do so. We reserve the right to withdraw permission to link by written notice. The website from which it is linked must comply in all respects with the content standards established in our acceptable use policy. If you wish to make any use of material in the Products other than that set forth above, please send your request to info@FyTube.com.
8 . PRODUCTS DISCLAIMER
The information and content that we provide on the Product is for informational purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to l Product or the information contained in the product for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
9 . MEDICAL DISCLAIMER
9 .1 FyTube is an audiovisual content provider where you can find educational and other information including the health area . We are not a health care or education, or our product should be considered as medical advice. Only your doctor or other healthcare provider can do that. FyTube makes no claims, representations or warranties that the Product will provide a medical benefit.
9 .2 Any health information and links in the Product or , whether provided by FyTube or the external platforms to which the Product connects , are provided simply for your convenience and it is your responsibility to view this content or not .
9 .3 Any advice or other material on the Product is intended for general information purposes only. They are not intended to be trusted and are not a substitute for professional medical advice based on your individual condition and circumstances. The tips and other materials that we make available are intended to support the relationship between you and your healthcare providers and not to replace it. We are not responsible for any consequences of you having read or been informed of such tips or other materials, as you take full responsibility for your decisions and actions. In particular, to the maximum extent permitted by law, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the councils, other materials and information published as part of l Product.
1 0 . END USER LICENSE
10 .1 Subject to the terms of this license agreement (“License Agreement”), as set forth in this Section 10 , and these other Terms, and your payment of the applicable subscription fees, FyTube grants you a limited license, non – exclusive, revocable license to transmit, download and make personal , non – commercial use l Product.
10 .2 The Product contains or incorporates copyrighted material, proprietary material or other intellectual property of FyTube or its licensors. All rights, title and ownership of the Products belong to FyTube or its licensors, as applicable. The rights to download and use the Product are licensed to you and are not being sold to you, and you have no rights to them other than to use them in accordance with this License Agreement and our other Terms.
10 .3 You agree that you will not assist or allow any third party to:
(a) copy, store, reproduce, transmit, modify, alter, reverse engineer, emulate, decompile or disassemble the product in any way, or create derivative works from l Product;
(b) Use the Product or any part of the to create any tool or software product that can be used to create software applications of any nature;
(c) Rent, lease, loan, make available to the public, sell or distribute the Product in whole or in part;
(d) alter the Product or circumvent any technology used by FyTube or its licensors to protect any content accessible through the Products;
(e) circumvent any territorial restriction applied to the Products; or
(f) Use the Product in a way that violates this License Agreement or the other Terms.
10 .4 You may not make the Product available to the public. The Product made available (in whole or in part) is owned by FyTube or its licensors and your use of them must be in accordance with these Terms.
1 1 . GENERAL TERMS AND CONDITIONS
1 1 .1 ASSIGNMENT OF US
FyTube may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under them. You cannot transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms, except as set forth herein.
1 1 .2 INDEMNIFICATION ON YOUR PART
You agree to defend, indemnify and hold FyTube and its directors, officers, members, investors, managers, employees and agents harmless from any claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use. . D e l Product, its location or transmission of any message, content, information, software or other shipments through the Products, or your breach or violation of law or these Terms. FyTube reserves the right, at its own expense , to assume the exclusive defense and control of any matter subject to indemnification by you, and in such event, you agree to cooperate with FyTube’s defense of such claim.
1 1 .3 WARRANTIES AND LIMITATIONS
(a) We guarantee that when you purchase our product , at the time of delivery, it will conform in all material respects to its description and will have a reasonably satisfactory quality.
(b) We guarantee that we will use reasonable skill and care to make the Product available to you during your subscription.
(c) Nothing in this section 1 1 .3 or otherwise in these Terms will exclude or limit in any way FyTube’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent that it cannot be excluded or limited by law.
(d) The Product and its content are provided “as is” and we make no representations or warranties of any kind with respect to them, including the accuracy, completeness or currency of the product or its content. We assume no responsibility for any errors or omissions in the content l Product, or any failure, delay or interruption in the supply of l Product. We disclaim and exclude any express or implied warranties or representations, including warranties of merchantability or fitness for a particular purpose, of the Products to the fullest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information published on the Product . We make no warranties or representations, express or implied, regarding the technical accessibility, suitability or flawlessness of the Product. We make no warranties or representations that your use of the content and information posted on the Products will not infringe the rights of third parties.
(e) All conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity law are excluded, to the extent permitted by law.
11 .4 WITHOUT WAIVER
If we delay exercising or do not exercise or enforce any right available to us under these Terms, such delay or breach does not constitute a waiver of that right or any other right under these Terms.
11 .5 FORCE MAJEURE
We will not be liable to you for lack of performance or lack of availability or fault l Product, or any failure or delay on our part in meeting these Terms where such failure, unavailability or failure arises from any cause beyond our reasonable control .
11 .6 INTERPRETATION
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression will be construed only as illustrative and not will interpret as a limitation of the generality of the preceding words; and ii ) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
- 7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you be in writing. By using the Product, you agree to conduct electronic transactions with us and that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on the official website of the product . You accept this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) To keep a copy, select “Print” and select the appropriate printer. If you don’t have a printer, you can copy the text and underlying agreements and paste them into a new document in a word processor or text editor on your computer and save the text.
(c) You have the right to receive a printed copy of the communications. To receive a printed copy, request one by emailing us at info@FyTube.com
(d) We may charge you a reasonable service charge for sending you a hard copy of any communication. We will either include such a service charge in our rate schedule or we will first inform you of the charge and give you the option to decide whether you still want us to send you a printed copy. Be sure to indicate that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications, you must have the following equipment and software:
(i) A personal computer or other device that is capable of accessing the Internet. Your access to this page verifies that your system / device meets these requirements.
(f) To retain a copy, you must have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy by using a printing service or software such as Adobe Acrobat®. If you have a word processor or text editing program on your computer, you can also copy the text and paste it into a new document in your word processor or text editor and save the text.
(g) You can also contact us by email at info@FyTube.com to withdraw your consent to receive future communications electronically, even if the system requirements described above change and you no longer own the required system. If you withdraw your consent, we may terminate your use of the Products.
(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to cancel or change the terms and conditions under which we provide electronic communications. We will provide you with notice of such termination or change as required by law.
11 .8 NOTICES
Unless specifically stated otherwise, all notices you send us should be sent to FyTube at info@FyTube.com. We can notify you at the email address that you provide when you register, or any of the forms specified in section 11 .7 above. Notice will be deemed received and duly delivered immediately when it is posted on our official website or when an email or other electronic communication is sent. When crediting the service of any email notification, it will be sufficient to prove that said email was sent to the email address specified by the recipient.
11 .9 ENTIRE AGREEMENT
These Terms and any document expressly referenced in them constitute the entire agreement between us and supersede all discussions, correspondence, negotiations, prior arrangements, understandings or agreements between us regarding your subject matter. Each of us acknowledges that none of us relies on, nor will have any remedy with respect to, any representation or warranty (whether made innocently or negligently) that is not set forth in these Terms or in the documents to which it is made. reference on them. Each of us agrees that our sole liability with respect to the representations and warranties set forth in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
11 .10 THIRD PARTY RIGHTS
A person who is not a party to these Terms will not have any rights in relation to these Terms.
11 .11 OUR RESPONSIBILITY
(a) We will make every reasonable effort to remedy the flaws in the product. If we do not comply with these Terms, we will be liable to you only for the purchase price of the Products in question. Furthermore, we will not be responsible for:
(i) Malfunction of your device during the registration process or during the termination of a subscription or during the transmission of any data and / or due to incorrect or too slow transmission of data by the Internet provider and / or any damage that occurs due to information sent not being received by us or not being received promptly or not being considered, as a result of technical failures with our software or hardware (whether or not they are within or beyond our control).
( ii ) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by your access, use or download of the Products, or from transmissions through emails or attachments received from us.
( Iii ) Any use of websites linked to l Product but operated by third parties.
These Terms are effective and updated last on Feb 2022 .