AZUBU.tv TOS as of 2013-03-04

Terms of Service
Last modified on 3/1/13

1. Introduction; Your Agreement to these Terms of Service.

Welcome to the game video management and streaming platform operated by AZUBU TV consisting of the web site available at the URL http://www.azubu.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of video content over the internet (the “AZUBU TV Service ”). The AZUBU TV Service also includes any other sites or services that link to these Terms of Service. Other services offered by AZUBU TV may be subject to separate terms.

The following Terms of Service for the AZUBU TV Service is a legal contract between you, an individual user of at least 13 years of age or a single entity (“ You ” or, collectively, “ Users ”), and AZUBU TV regarding your use of the AZUBU TV Service.

AZUBU TV may offer certain additional services by which you agree to pay fees to AZUBU TV, a list of such services and terms which may be made available on the AZUBU TV web page. If you register and/or use any such paid fee services, you are also bound by the AZUBU TV Terms of Sale. The AZUBU TV Terms of Sale is hereby incorporated by reference.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE AZUBU TV SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “ TERMS ”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AZUBU TV SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH AZUBU TV ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “ SUBSCRIBING ORGANIZATION ”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

2.	Eligibility.

The AZUBU TV Service is not available to persons under the age of 13 or to any users previously suspended or removed from the AZUBU TV Service by AZUBU TV. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE AZUBU TV SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE AZUBU TV SERVICE.

3.	Incorporation by Reference.

Your privacy is important to AZUBU TV. The AZUBU TV Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to AZUBU TV’s collection, use, and disclosure of your personal information on or from the AZUBU TV Service.

4.	Individual Features and Services.

When using the AZUBU TV Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

5.	Modification of these Terms.

AZUBU TV reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the AZUBU TV Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the AZUBU TV Service. We will always make a reasonable effort to notify you if we do change these Terms.

6.	Digital Millennium Copyright Act.

Please note that since we respect game designer and publisher and other content owner rights, it is AZUBU TV’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA ”). For more information, please go to AZUBU TV’s DMCA Notification Guidelines. Please note that AZUBU TV will promptly terminate without notice any User’s access to the AZUBU TV Service if that User is determined by AZUBU TV to be a “repeat infringer.” A repeat infringer is a User who has been notified by AZUBU TV of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the AZUBU TV Service more than twice. In addition, AZUBU TV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

7.	Prohibited Conduct.

BY USING THE AZUBU TV SERVICE YOU AGREE NOT TO:

use the AZUBU TV Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the AZUBU TV Service as such services are offered by AZUBU TV;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the AZUBU TV Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the AZUBU TV Service, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights on the AZUBU TV Service or Broadcaster Content;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the AZUBU TV Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, promotional giveaways (such as raffles and contests), and other similar activities;
use the AZUBU TV Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the AZUBU TV Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
use the AZUBU TV Service if you are under the age of thirteen (13) years old;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the AZUBU TV Service, features that prevent or restrict use or copying of any content accessible through the AZUBU TV Service, or features that enforce limitations on the use of the AZUBU TV Service;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the AZUBU TV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the AZUBU TV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
intentionally interfere with or damage operation of the AZUBU TV Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party’s mail servers without the permission of that third party;
use any robot, spider, scraper, or other automated means to access the AZUBU TV Service for any purpose or bypass any measures AZUBU TV may use to prevent or restrict access to the AZUBU TV Service;
manipulate identifiers in order to disguise the origin of any Broadcaster Content transmitted through the Service; or
interfere with or disrupt the AZUBU TV Service or servers or networks connected to the AZUBU TV Service, or disobey any requirements, procedures, policies or regulations of networks connected to the AZUBU TV Service.
8.	Account

1.	Account and Password.

When you use the AZUBU TV Service to download or purchase content or any products, services, or information from AZUBU TV, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to AZUBU TV on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify AZUBU TV. You may be liable for the losses incurred by AZUBU TV or others due to any unauthorized use of your AZUBU TV Service account.

2.	Third Party Accounts.

AZUBU TV may permit you to register for and log onto the AZUBU TV Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the AZUBU TV Service, including your name, may be used by AZUBU TV in order to provide and support your account. You also acknowledge and agree that AZUBU TV may publish information regarding your use of the AZUBU TV Service to and in connection with any such third party social network with which you use the AZUBU TV Service

3.	Third-Party Sites, Products and Services; Links.

The AZUBU TV Service may include links or references to other web sites or services solely as a convenience to Users (“ Reference Sites ”). AZUBU TV does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the AZUBU TV Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

9.	Termination; Terms of Service Violations.

1.	AZUBU TV.

You agree that AZUBU TV, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with AZUBU TV or your use of the AZUBU TV Service and remove and discard all or any part of your account and User profile at any time. AZUBU TV may also in its sole discretion and at any time discontinue providing access to the AZUBU TV Service, or any part thereof, with or without notice. You agree that any termination of your access to the AZUBU TV Service or any account you may have or portion thereof may be effected without prior notice, and you agree that AZUBU TV will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AZUBU TV may have at law or in equity. As discussed herein, AZUBU TV does not permit copyright infringing activities on the AZUBU TV Service, and will terminate access to the AZUBU TV Service.

2.	You.

Your only remedy with respect to any dissatisfaction with (i) the AZUBU TV Service, (ii) any term of this Terms of Service, (iii) any policy or practice of AZUBU TV in operating the AZUBU TV Service, or (iv) any content or information transmitted through the AZUBU TV Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the AZUBU TV Service.

10.	Ownership; Proprietary Rights.

The AZUBU TV Service is owned and operated by AZUBU. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the AZUBU TV Service provided by AZUBU TV (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the AZUBU TV Service are the property of AZUBU TV or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to AZUBU TV or its affiliates and/or third-party licensors. Except as expressly authorized by AZUBU TV, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AZUBU TV reserves all rights not expressly granted in this Terms of Service.

11.	Indemnification.

You agree to indemnify, save, and hold AZUBU TV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the AZUBU TV Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. AZUBU TV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AZUBU TV, and you agree to cooperate with AZUBU TV’s defense of these claims. AZUBU TV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12.	Disclaimers; No Warranties.

1.	No warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AZUBU TV, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZUBU TV OR THROUGH THE AZUBU TV SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 15, THE TERM AZUBU TV INCLUDES AZUBU TV’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

2.	“As is” and “As available” and “With All Faults”.

YOU EXPRESSLY AGREE THAT THE USE OF THE AZUBU TV SERVICE IS AT YOUR SOLE RISK. THE AZUBU TV SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AZUBU TV SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

3.	Service Operation

AZUBU TV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE AZUBU TV SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

4.	Accuracy.

AZUBU TV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AZUBU TV SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

5.	Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE AZUBU TV SERVICE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

13.	Limitation of Liability and Damages.

1.	Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AZUBU TV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING BROADCASTER CONTENT) ON THE AZUBU TV SERVICE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AZUBU TV, EVEN IF AZUBU TV OR AN AZUBU TV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.	Limitation of Damages.

IN NO EVENT WILL AZUBU TV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AZUBU TV SERVICE OR YOUR INTERACTION WITH OTHER AZUBU TV SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AZUBU TV SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

3.	Reference Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AZUBU TV AND RECEIVED THROUGH OR ADVERTISED ON THE AZUBU TV SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.

4.	Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT AZUBU TV HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AZUBU TV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AZUBU TV. AZUBU TV WOULD NOT BE ABLE TO PROVIDE THE AZUBU TV SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

5.	Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

14.	United States Export Controls.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

15.	Miscellaneous.

1.	Notice.

AZUBU TV may provide you with notices, including those regarding changes to AZUBU TV’s terms and conditions, by email, regular mail or postings on the AZUBU TV Service. Notice will be deemed given twenty-four hours after email is sent, unless AZUBU TV is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the AZUBU TV Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the AZUBU TV Service is deemed given 30 days following the initial posting.

2.	Waiver.

The failure of AZUBU TV to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AZUBU TV.

3.	Governing Law.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

4.	Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms or AZUBU TV will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

5.	Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

6.	Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AZUBU TV without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

7.	Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6, 7.4, 7.5, and 8-18.

8.	Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

9.	Entire Agreement.

This is the entire agreement between you and AZUBU TV relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by AZUBU TV as set forth in section 5 above.
10.	Claims.

YOU AND AZUBU TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AZUBU TV SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11.	Disclosures.

The services are offered by Justin.tv, Inc. dba AZUBU TV, located at: 23 Geary Street, Suite 800, San Francisco, CA 94108 and email: help@azubu.tv. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

The following Terms of Service for the AZUBU TV Service is a legal contract between you, an individual user of at least 13 years of age or a single entity
(“ You ” or, collectively, “ Users ”), and AZUBU TV regarding your use of the AZUBU TV Service.
AZUBU TV may offer certain additional services by which you agree to pay fees to AZUBU TV, a list of such services and terms which may be made available on the AZUBU TV web page. If you register and/or use any such paid fee services, you are also bound by the AZUBU TV Terms of Sale. The AZUBU TV Terms of Sale is hereby incorporated by reference.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE AZUBU TV SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “ TERMS ”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AZUBU TV SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH AZUBU TV ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “ SUBSCRIBING ORGANIZATION ”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF

1. Introduction; Your Agreement to these Terms of Service.
Welcome to the game video management and streaming platform operated by AZUBU TV consisting of the web site available at the URL http://www.azubu.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of video content over the internet (the “AZUBU TV Service ”). The AZUBU TV Service also includes any other sites or services that link to these Terms of Service. Other services offered by AZUBU TV may be subject to separate terms.