Terms and Conditions ("Terms of Service") for the use of GrappleTube.com (“GrappleTube”):
These terms of service (Terms and Conditions) are a legally binding agreement between you and GrappleTube.com (hereafter referred to as ‘GrappleTube’, ‘us’, ‘we’, ‘our’, or ‘website’ or ‘The Website’). By accessing this website, you declare that you have read, understood and shall abide to our terms.
Acceptance by yourself of terms and conditions (terms of service)
The terms and conditions of this Agreement are subject to change by GrappleTube at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use GrappleTube.
The terms and conditions contained herein apply to all users of GrappleTube whether a 'visitor' or a 'member' and you are only authorized to use GrappleTube if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
This agreement (the "Agreement") contains important provisions that ostensibly govern, limit and define both your legal rights and your obligations if you (the "User" or "you") choose to view and or use www.GrappleTube.com ("GrappleTube", the "Site", or "we"). It is required that you first read this agreement and or consent to its terms before visiting or using the site.
You therefore acknowledge and agree that both your continued use and or viewing of GrappleTube , after reviewing this agreement, shall signify your consent to be bound by the same.
This Agreement applies to all users of GrappleTube whether you are a "visitor" or one who decides not to register as a "member"; you are only authorized to use GrappleTube if you agree to abide by all applicable laws and be legally bound by this Agreement.
GrappleTube is for communication and entertainment purposes only. GrappleTube is soley for those residing in jurisdictions in which the materials that appear on GrappleTube (“GrappleTube”) are not in violation of any law, statute, ordinance, rule or regulation.
GrappleTube’s access is limited to adults only
GrappleTube is for adults only. By using the Site, you represent and warrant to GrappleTube that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. We reserve the right to reject or remove any submission(s) and terminate the account of users or block the device of any user(s) who we believe, in our sole and absolute discretion, are not the Age of Majority.
Description of GrappleTube’s functions and services
The GrappleTube website allows for and facilitates the uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. GrappleTube contains video content, information and other materials posted/uploaded by users. GrappleTube allows its users to view the content and website subject to, of course, the terms and conditions of this Agreement.
GrappleTube may also contain certain links to third party websites which are in no way owned or controlled by GrappleTube. GrappleTube assumes no responsibility for the content, privacy policies, practices of any and all third party websites. GrappleTube cannot censor or edit the content of third party sites. You acknowledge that GrappleTube will not be liable for any and all liability arising for your use of any third-party website for any reason or under any circumstances whatsoever.
GrappleTube, the website, is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by GrappleTube. Any illegal and/or unauthorized use of GrappleTube is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails. Any unauthorized framing or linking to the GrappleTube website is also prohibited.
Your conduct on GrappleTube as a user and or viewer
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on GrappleTube or to GrappleTube. You also must agree that you shall not, nor others using your account, post, upload, publish, transmit or make available in any way on GrappleTube content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, racial, or hateful, or invasive of one's privacy including but not limited to personal information. You also agree that you shall not post, upload, publish, transmit or make available in any way on GrappleTube software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on GrappleTube content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not, nor others using your account, post, upload, publish, transmit or make available in any way on GrappleTube content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use GrappleTube in any way that exposes GrappleTube to criminal or civil liability in any shape, manner, or form.
We do not encourage and will not knowingly use or publish any videos that result in, from or depict (simulated or otherwise) any activity that a) in any way utilizes any third party without such third party's permission; (b) is obscene, threatening, harassing or contains the personal information of you or any third party; (c) could create a risk of harm or loss to any person or animal including, without limitation, physical or mental injury, disfigurement, disability, physical/mental illness, emotional distress, or death; (d) may contain falsehoods or misrepresentations which could be harmful to the reputation of GrappleTube or any other third party; (e) may constitute a crime; (f) may constitute a violation of the legal rights of any other person including, without limitation, privacy rights and rights of publicity; (g) could create a risk of any other loss or damage to any person or property.
You may not post any materials on GrappleTube that are the work of any third party or user. By using GrappleTube, you acknowledge and agree that you may be exposed to videos, writings or other materials which may be offensive, objectionable, inaccurate or which do not otherwise meet your expectations. You fully assume the risk of viewing or coming into contact with same. We do not undertake to review and assume no responsibility for the accuracy, safety or other content of any materials appearing on GrappleTube regardless of the source of such content.
You warrant that any user submission you may make will not violate the terms set forth herein. You further warrant and covenant that you will not either intentionally or unintentionally inflict emotional distress on any third party, humiliate any third party either publicly or otherwise, assault, batter or in any way threaten other people, trespass on the property of any third party, film in any location without permission, or otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
You further warrant and covenant to GrappleTube that you have obtained and possess all copyright, patent, trademark and all other proprietary rights to grant the rights granted by you in this Agreement. You also warrant and covenant that you have the written consent of each and every identifiable third person which appears in any “User Submission” made by you, and that in such release each such person has released you from any and all liability that may arise from the User Submission and granted to you the right to license and distribute such content. You warrant that you will not upload any video or photo of any individual who is not at least the Age of Majority in your residing area of residence. You understand, agree and request that by submitting your video content to GrappleTube that a GrappleTube watermark may be automatically inserted over such video content, all at GrappleTube’s own discretion. GrappleTube shall be seen to have the right to display, submit, or disseminate either portions of the “User Submissions” or the complete “User Submissions” as it deems fit, and is at GrappleTube’s sole discretion. You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Website, including videos or any other communications or profile information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions. You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that you own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the GrappleTube and these terms. You will not post, or allow anyone else to post, any material that depicts any individual under the age of eighteen (18) years and that you have inspected and are maintaining written documentation, pursuant to United States law18 U.S.C. § 2257 (whether you are subject to United States law or not) and other analogous and applicable laws, to confirm that all individuals in your User Submission are, in fact, over the age of eighteen (18) years; and you have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the GrappleTube and these terms. You agree that GrappleTube shall have the right to determine in its sole and entire discretion what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
GrappleTube permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, GrappleTube does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
1. you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
2. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize GrappleTube to use all trademarks, copyrights, trade secrets, patents, 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; and
3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service (Terms and Conditions). For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to GrappleTube, you hereby grant GrappleTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GrappleTube Website and GrappleTube's (and its successor's) business, including without limitation for promoting and redistributing part or all of the GrappleTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GrappleTube Website a non-exclusive license to access your User Submissions through the Website, as permitted through the functionality of the Website and under these Terms of Service.
In submitting material (video or other communication), you further agree that you shall not publish falsehoods or misrepresentations that could damage GrappleTube or any third party; submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
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 GrappleTube all of the license rights granted herein; impersonate another person; post advertisements or solicitations of business.
GrappleTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GrappleTube expressly disclaims any and all liability in connection with User Submissions. You agree as a “submitting user” to take full responsibility and accept full liability for your submissions. GrappleTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GrappleTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. GrappleTube reserves the right to remove Content and User Submissions without prior notice or delay. GrappleTube will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, GrappleTube also reserves the right to decide in its sole and unfettered discretion, 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, obscene or defamatory material, or excessive length. GrappleTube 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. You understand and acknowledge that when using GrappleTube, you will be exposed to User Submissions from a variety of sources, and that GrappleTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. By submitting or posting to GrappleTube any video or any other visual, audio or other communication to GrappleTube (a "User Submission"), you expressly grant to GrappleTube a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, edit, translate, publish, distribute, perform, display, make derivative works of and/or otherwise exploit any and all User Submission(s), and to use your name, any and all aliases, voice, and/or likeness as contained in your User Submission, in whole or in part. You further grant GrappleTube the right to exploit all rights granted herein in any form, media or technology, whether now known or hereafter developed, including in association with any and all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. You acknowledge and agree that GrappleTube shall have the right to sublicense, assign, sell or otherwise make such rights available to any third party(ies). You further acknowledge and agree that GrappleTube is a public website and that by posting or submitting any User Submission(s) you waive any and all privacy rights in association with the User Submission(s) and you association with same. The license granted hereunder with respect to each User Submission you make shall terminate once you remove or delete such User Submission. 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 GrappleTube with respect thereto, and agree to indemnify and hold GrappleTube, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that GrappleTube may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other GrappleTube network or services at any time, for any reason, or for no reason at all, with or without notice. GrappleTube provides its website as a service to its users. However, GrappleTube assumes no responsibility whatsoever for monitoring the GrappleTube Services for inappropriate content or conduct. If at any time GrappleTube chooses, in its sole discretion, to monitor the GrappleTube Services, however, GrappleTube assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. GrappleTube may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
The Content, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
With respect to “User Submissions,” GrappleTube reserves the right, in its sole and absolute discretion and without any duty to do so, to remove any submission(s) made by any User for any reason, including, without limitation:
a) Breach or suspected breach of any part of this Agreement;
b) Suspected or alleged criminal activity; and/or
c) Suspected or alleged violation of any Statute, ordinance, law, regulation or rule.
d) Suspected or alleged copyright or trademark infringement.
GrappleTube reserves the right to report any suspected, alleged or actual breach of this Agreement including criminal activity or copyright or trademark infringement to any and all law enforcement authorities. GrappleTube reserves the right to cooperate fully in any investigation. GrappleTube further reserves the right to immediately terminate without notice any account which GrappleTube believes, in GrappleTube’s sole discretion, is in violation of this Agreement.
The Content contained on the GrappleTube with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to GrappleTube, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on GrappleTube is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GrappleTube. GrappleTube reserves all rights not expressly granted in and to the Website and the Content. 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, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the GrappleTube or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GrappleTube Website or the Content therein.
Zero Tolerance for illegal obscenity
GrappleTube abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by GrappleTube. GrappleTube shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.
Reprehensible behaviour not allowed
As a condition of your use of GrappleTube:
You agree not to use GrappleTube in any way that exposes us to criminal or civil liability;
You agree that you are solely responsible for all acts and omissions that occur as a result of your use of GrappleTube;
You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
You agree not to use or attempt to use any other party’s account on GrappleTube without authorization;
You agree not to use GrappleTube to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
You agree not to disable, circumvent, or otherwise interfere with security related features of GrappleTube or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
You agree not to post, link to, or otherwise make available on GrappleTube any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
You agree not to “stalk” or otherwise harass anyone on or through the Website;
You agree to abide by all applicable local, state, national and international laws and regulations;
You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from GrappleTube;
You agree not to “frame” or “mirror” GrappleTube;
You agree not to reverse engineer any portion of GrappleTube;
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available GrappleTube or any Content to any third party;
You agree not to use GrappleTube for any unlawful purpose or in any way that is prohibited by these Terms.
Termination of Accounts
User's access to GrappleTube will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. As part of our repeat-infringement policy, any user for whose material we receive three good-faith and effective complaints within any contiguous six-month period will have his grant of use of the Website, GrappleTube, terminated. GrappleTube reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. GrappleTube may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion. GrappleTube also reserves the right to terminate any User account without notice whenever it is deemed necessary at our sole discretion.
Warranties and Disclaimer
You are fully aware that your use of GrappleTube website shall be at your sole risk, and is of your sole choice. GrappleTube, its officers, directors, employees, and agents disclaim all warranties, either expressed or implied, in connection with the Website Grappletube. GrappleTube makes no representations or warranties about the completeness and accuracy of GrappleTube’s content, nor the content of any websites linked to GrappleTube. GrappleTube assumes no liability or responsibility for any personal injury or property damage of any nature resulting from your access to and or use of GrappleTube. GrappleTube assumes no liability or responsibility for errors, mistakes, or inaccuracies of content. GrappleTube assumes no liability or responsibility for any unauthorized access or use of our secure server(s) and or any personal information and or financial information stored within. GrappleTube assumes no liability or responsibility for any errors or omissions in any content or for any loss or damage of any kind or nature incurred as a result of the use of any content either posted, transmitted, emailed, or otherwise made available via GrappleTube. GrappleTube does not warrant, guarantee, assume responsible nor endorse any product or service advertised or offered by a third party through GrappleTube, nor any hyperlinked website, banner, or any advertising. GrappleTube isn’t responsible for or will not be a party to in any way any transaction between you and third-party provider of services or products. GrappleTube also assumes no responsibility or liability for any interruption or ceasing of transmission to or from GrappleTube, and any viruses, malware, trojan horses, bugs, etc. which may be transmitted to or through GrappleTube by any and all third parties.
Indemnity and limitations of liability
You hereby agree to defend, indemnify and hold harmless GrappleTube along with its affiliated entities, agents, managers, employees, attorneys, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including, without limitation, attorneys' fees, arising from your use of GrappleTube (either as a registered or non-registered user) or the activities conducted using your username and password on GrappleTube. GrappleTube, along with its affiliated entities, agents, managers, employees, attorneys, contractors, agents, officers and directors, shall not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from incompleteness and or inaccuracy of GrappleTube’s content, nor the content of any websites linked to GrappleTube. GrappleTube assumes no liability or responsibility for any personal injury or property damage of any nature resulting from your access to and or use of GrappleTube. GrappleTube assumes no liability or responsibility for any unauthorized access or use of our secure server(s) and or any personal information and or financial information stored within. GrappleTube assumes no liability or responsibility for any errors or omissions in any content or for any loss or damage of any kind or nature incurred as a result of the use of any content either posted, transmitted, emailed, or otherwise made available via GrappleTube. GrappleTube does not warrant, guarantee, assume responsible nor endorse any product or service advertised or offered by a third party through GrappleTube, nor any hyperlinked website, banner, or any advertising. GrappleTube isn’t responsible for or will not be a party to in any way any transaction between you and third-party provider of services or products. GrappleTube also assumes no responsibility or liability for any interruption or ceasing of transmission to or from GrappleTube, and any viruses, malware, trojan horses, bugs, etc. which may be transmitted to or through GrappleTube by any and all third parties. Whether based on tort, contract, or warranty, or any other theory that is legally based, and whether or not the company is advised of the possibility of such damages, the limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You acknowledge that GrappleTube shall not be liable for any and all User Submissions or the illegal, offensive, or defamatory conduct of any third party. The risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless GrappleTube, its 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 specifically from your use of and access to the GrappleTube Website; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one or any 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 GrappleTube Website.
You also affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, 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 and Conditions contained herein.You hereby agree to indemnify us and hold us harmless from any and all third-party claims and expenses, including attorney’s fees, arising from your use of the Website or from your breach of these Terms. In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
GrappleTube contains links to third-party websites which are completely independent of us. GrappleTube assumes no responsibility for the privacy policies, or practices and content of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. GrappleTube has no right or ability to edit the content of any third party websites. You acknowledge that GrappleTube shall not be liable for any and all liability arising from your use of any third party websites. GrappleTube is provided “AS-IS” and without any warranty or condition, express, implied or statutory. GrappleTube specifically disclaims to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. GrappleTube disclaims any warranties for viruses or other harmful components in connection with GrappleTube. GrappleTube shall not be liable for direct, indirect, consequential, incidental, exemplary or special damages resulting from any aspect of your use of GrappleTube. These conditions apply across the board whether or not such damages arise from your inability to use or your misusing GrappleTube, your reliance on any content on GrappleTube, the modification, alteration, suspension, or the interruption of the GrappleTube website, or the termination of services by GrappleTube. The limitations of liability also apply to damages incurred by you by reason or other products or services received or advertised in connection with GrappleTube. GrappleTube cannot guarantee that GrappleTube will meet your expectations or requirements, nor that GrappleTube will be timely, error-free, secure, or uninterrupted, nor can GrappleTube guarantee that the quality of any products, services, information, content will meet your expectations or requirements. GrappleTube does not warrant that any errors in content will be corrected. GrappleTube also does not warrant the the results you obtain from your use of GrappleTube will be reliable or accurate. Any content obtained through the use of GrappleTube is obtained by you with full freedom of choice and discretion. You are solely responsible for any damage and or loss of data to your computer system or any other device with your use of GrappleTube.
These Terms and Conditions, as amended from time to time, constitute the entire agreement between you and GrappleTube and supersede all prior agreements between you and GrappleTube and may not be modified without the written consent of GrappleTube. GrappleTube’s failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. You agree that GrappleTube may provide you with notices by e-mail, regular mail, or postings to the Website. As used in these Terms, the term “including” is illustrative and not limitative. The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GrappleTube without restriction. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.