Terms of Service

1.1. License. Trend Tube exclusive, non-sublicensable, nontransferable, revocable, limited license to install and use any Trend Tube you downloaded from an authorized third party. You agree that no title or ownership interest in the Service is transferred grants you a non- or assigned to you and that the Terms of Service is not a sale of any right to the Service.

1.2. Streaming and Social Media License. Trend Tube grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display Trend Tube on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF ("Social Content"). Trend Tube may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto.

1.3. User Content License. User content includes any information that you submit, transmit or upload while using the Service and Social Content ("User Content"). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Trend Tube an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Trend Tube reserves the right to review, edit, delete or block access to User Content without notice.

2.1. Account. Use of the Service may require you to register a user account with Trend Tube directly or with a third party, such as Google or Apple (each, an "Account"). Trend Tube strongly recommends that you keeping your login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.

2.2. Membership. Trend Tube may offer you a VIP Service membership, granting you access to certain Service features (for example, new characters), which may not be available to non-members ("Membership"). The first three days of your Membership are free the first time you subscribe. Thereafter, Trend Tube shall automatically charge you a weekly Membership fee. Current Membership fees and additional terms are detailed at membership and are subject to change, on one or more occasions, upon renewal of your Membership. Membership fees exclude applicable taxes, duties and charges and are non-refundable. Membership fees are billed and charged automatically by Trend Tube and/or third parties authorized on its behalf on a weekly basis to the credit card (or any replacement card) you provided to Trend Tube until the date your Membership is terminated by your submission of a cancellation request to Trend Tube through the Service or termination of your access to the Service.

2.3. Personal Data. Accessing the Service may require you to provide Trend Tube with personal data, which is collected, used and disclosed in accordance with Trend Tube's Privacy Policy. You agree to provide accurate and complete personal data to Trend Tube and to update your information if it changes.

2.4. Access. Access to the Service may require hardware including but not limited to a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection.

3.1. Limitations. You agree that you will not use the Service in the following manner:

• engage in conduct that Trend Tube determines, in its sole discretion, to constitute improper use of the Service;
• decompile, disassemble or reverse engineer the Service or otherwise attempt to derive Service source code;
• except for Social Content, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
• sell, lease or remove/alter advertising in the Service;
• cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Service;
• break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
• upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Service or the computers of other users;
• utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 1.2;
• promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Service;
• use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
• engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
• communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
• abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
• infringe or violate the rights of a third party including but not limited to:
• contractual rights;
• copyright, patent, trademark or trade secret rights;
• privacy rights;
• publicity rights;
• confidential information;
• collect or attempt to obtain user data, whether personal or anonymous;
• impersonate another person or an employee of Trend Tube;
• advertise products or services, as determined by Trend Tube in its sole discretion.

4.1. Suspension and Termination. Trend Tube may suspend or terminate your access to the Service at any time for any reason including but not limited to your violation of the Terms of Service, as determined in its sole discretion. Whether a suspension will be lifted is at as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Trend Tube. You may terminate your access to the Service at any time by ceasing to use the Service and deleting any Trend Tube you have installed. Data collected by Trend Tube may be retained for a period of time after your access to the Service is terminated, as described further in the Privacy Policy.

4.2. Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Trend Tube shall cease to provide you access to the Service and may delete data associated with your use of the Service, including purchases you have made, as further described in section 5. You are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Trend Tube, and Trend Tube is not liable to you or any third party for such suspension or termination and any related loss.

5.1. Digital Items. The Service may include virtual in-game currency and items (together, "Digital Items"), which may be earned by users or purchased from Trend Tube for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered by Trend Tube at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Service for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by Trend Tube in its sole discretion. All Digital Items remain the property of Trend Tube.

5.2. Prizes. Trend Tube may provide users the opportunity to receive random, Digital Item prizes, which vary in size and value. Due to the randomization of Digital Item prizes, you may not receive the Digital Item you desire. Trend Tube reserves the right to refuse to award and to revoke any prize in its sole discretion.

5.3. Resale. Digital Items may only be sold or traded for other Digital Items, as expressly permitted through features available within the Service, although Trend Tube is under no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items in violation of this section 5.3 will result in Trend Tube terminating your access to the Service and voiding all your Digital Items.

5.4. Digital Item Backup. If you purchased Digital Items using real world money, including Digital Items acquired using in-game currency purchased using real world money, Trend Tube may backup purchased Digital Items so they may be restored in the future should you lose access. No backup is provided for Digital Items purchased or indirectly acquired without real world money or if Trend Tube terminates your access to the Service or ceases to offer the Service. The availability of Digital Item backup varies between Trend Tubes.

5.5. Forfeit or Eliminated Digital Items. If Trend Tube terminates your access to the Service or ceases to offer the Service, you agree that all Digital Items associated with your Account and use of the Service are forfeit. Further, Trend Tube shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Service, for which you will not be compensated under any circumstances. Trend Tube is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension or termination of the Service, technical issues or as a result of a third party.

On one or more occasions Trend Tube may patch, update or modify the Service (each, an "Update"), which may require you to install an Update to continue using the Service. Updates may modify the Terms of Service, gameplay mechanics or other aspects to the Service. Failing to install an Update may result in an inability to use the Service, for which you are not entitled to a refund or compensation of any kind.

The Service may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. The Terms of Service does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third-party agreement.

All right, title and interest in and to the Service, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, catch phrases, concepts, character inventions, character likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation, are owned by Trend Tube. Trend Tube reserves all rights in the Service.

If you are a resident of the EU, you hereby agree that by purchasing Digital Items you want such Digital Items credited to your Account immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.

10.1. DISCLAIMER. THE SERVICE IS PROVIDED "AS IS" AND TREND TUBE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, TREND TUBE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY TREND TUBE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

10.2. LIMITATION OF LIABILITY. TREND TUBE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF TREND TUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

10.3. TREND TUBE'S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD TREND TUBE FROM LIABILITY, YOU AGREE THAT TREND TUBE'S MAXIMUM AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO TREND TUBE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID NOTHING TO TREND TUBE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND TREND TUBE'S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.

11.1. Updates. Trend Tube reserves the right, in its sole discretion, to modify the Terms of Service at any time ("Updates"). You are deemed to accept any Update by continuing to use the Service. Unless Trend Tube states otherwise, Updates are automatically effective 30 days after posting.

11.2. Governing law. The Terms of Service and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.

11.3. Severability. To the extent any section, clause, provision or sentence or part thereof of the Terms of Service is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Service given full force and effect.

11.4. No Waiver. Trend Tube's failure to assert or enforce any right contained in the Terms of Service shall not constitute a waiver of that right.

11.5. Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11 survive termination of the Terms of Service.

11.6. Entire Agreement. The Terms of Service constitutes the entire agreement between you and Trend Tube with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.

11.7. Contact. You may contact Trend Tube regarding this Terms of Service by emailing info@thetrendtube.com.