WARNING: THERE ARE RISKS ASSOCIATED WITH REVEALING YOUR LOCATION TO THE PUBLIC. IT IS VERY IMPORTANT THAT YOU READ, UNDERSTAND AND AGREE TO ABIDE BY THIS TERMS OF USE AGREEMENT BEFORE USING THE SHUB WEBSITE OR SHUB MOBILE WEBSITE OR SHUB SERVICES.
IF THE DEVICE YOU ARE READING THIS ON DOES NOT DISPLAY THIS ENTIRE TERMS OF USE AGREEMENT FROM BEGINNING TO END, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A COMPUTER OR OTHER DEVICE WHICH DISPLAYS THIS AGREEMENT IN ITS ENTIRETY.
SHUB ("SHUB" or "we" or "us") operates SHUB.me, which is an internet-based service that helps you connect with people at or near your location. By using our web site or mobile web site at SHUB.me, or any other SHUB domain owned by us, or by using any service offered by us (collectively, the "Site"), you agree that you have read, understand, and agree to be bound by this Terms of Use Agreement ("Agreement").
If you do not agree to be bound by this Agreement and to follow all applicable laws, you must leave the SHUB Site and discontinue use of the SHUB Site and services immediately.
We reserve the right to modify this Agreement from time to time and such modification shall be effective upon posting by SHUB on the SHUB Site. Your continued use of the SHUB Site and services after SHUB posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes and it is your responsibility to do so.
SHUB expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the SHUB Site and services if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to SHUB and/or its Users.
Use of the SHUB Site and services and registration to be a Member for the SHUB services is void where prohibited. The SHUB Site and Services are intended solely for users who are eighteen (18) years of age or older. Any use of the SHUB Site or Services by anyone who is under 18 is unauthorized, unlicensed and in violation of this Agreement. By using the SHUB Site or services you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
By using the SHUB Site and services, you agree to provide accurate, current and complete information about yourself as requested by any registration forms on the Site. You also agree to maintain the security and confidentiality of your SHUB password and identification. You agree not to use the account, username, or password of another user or member at any time or to disclose your password to any third party. You agree to notify SHUB immediately if you suspect any unauthorized use of your account or access to your password. You also agree to maintain and promptly update your registration information and any other information you provide to SHUB, to keep it accurate, current and complete. You are fully responsible for all use of your account and for any actions that take place using your account.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of SHUB, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SHUB's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of SHUB, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You acknowledge that SHUB reserves the right to charge for any portion of the SHUB Site and services and to change its fees (if any) from time to time at its discretion. If SHUB terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
The SHUB Site and services are for the personal use of Users and Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by SHUB. SHUB reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SHUB Site or services, including collecting usernames, user id numbers, and/or email addresses of Users or Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SHUB Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from the SHUB Site without notice or explanation and may result in termination of User or Membership privileges. SHUB reserves the right to take appropriate legal action for any illegal or unauthorized use of the SHUB Site and services.
SHUB may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of SHUB violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SHUB assumes no responsibility for monitoring the SHUB Site or services for inappropriate Content or conduct. If at any time SHUB chooses, in its sole discretion, to monitor the SHUB Site or services, SHUB nonetheless 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.
You are solely responsible for the Content that you post on or through any of the SHUB services, and any material or information that you transmit to other Users or Members and for your interactions with other Users.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the SHUB Site or services. SHUB reserves the right to investigate and take appropriate legal action against anyone who, in SHUB's sole discretion, violates this provision, including without limitation, removing the offending Content from the SHUB Site and services and terminating User access and Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of SHUB:
The following are examples of the kind of activity that is illegal or prohibited on the SHUB site and through your use of the SHUB services. SHUB reserves the right to investigate and take appropriate legal action against anyone who, in SHUB's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
SHUB respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SHUB has the right to terminate the access or Membership of infringers.
You are solely responsible for your interactions with other SHUB Users and Members. SHUB reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users or Members.
Use of the SHUB services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
SHUB is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the SHUB services, whether caused by Users of the SHUB services or by any of the equipment or programming associated with or utilized in the SHUB services and such User Content does not necessarily reflect the opinions or policies of SHUB. Profiles and third party applications created and posted by Users or Members on the SHUB Site may contain links to other websites. SHUB is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by SHUB. Inclusion of any linked website on the SHUB services does not imply approval or endorsement of the linked website by SHUB. When you access these third party sites, you do so at your own risk. SHUB takes no responsibility for third party advertisements or third party applications that are posted on or through the SHUB services, nor does it take any responsibility for the goods or services provided by its advertisers. SHUB is not responsible for the conduct, whether online or offline, of any User of the SHUB services. SHUB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SHUB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or messaging due to technical problems or traffic congestion on the Internet or on any of the SHUB services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SHUB services. Under no circumstances shall SHUB be responsible for any loss or damage, including personal injury or death, resulting from use of the SHUB Services, attendance at a SHUB event, from any User Content posted on or through the SHUB Site or services, or from the conduct of any Users of the SHUB services, whether online or offline. The SHUB services are provided "AS-IS" and as available and SHUB expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SHUB cannot guarantee and does not promise any specific results from use of the SHUB Services.
IN NO EVENT SHALL SHUB OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PROMOTERS, OR ESTABLISHMENTS THAT PROMOTE SHUB OR DISPLAY INFORMATION ABOUT SHUB, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SHUB SERVICES, EVEN IF SHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHUB'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHUB FOR THE SHUB SERVICES, BUT IN NO CASE WILL SHUB'S LIABILITY TO EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SHUB FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SHUB, REGARDLESS OF THE CAUSE OF ACTION.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and SHUB agree to submit to the exclusive jurisdiction of the courts located within the State of Texas to resolve any dispute arising out of the Agreement or the SHUB Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold SHUB, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SHUB Site or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the SHUB Site or Services causes SHUB to be liable to another.
This Agreement is accepted upon your use of the SHUB Site or any of the SHUB Services. This Agreement constitutes the entire agreement between you and SHUB regarding the use of the SHUB Site or Services. The failure of SHUB to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SHUB is a trademark of Wow Pages, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@shub.me with any questions regarding this Agreement.