1. Your Acceptance

1.1

These Terms and Condition (thereinafter "Terms & Conditions") are legally binding terms for your use of the Myubo Website. By using or visiting this Website (together with all Content available through the Myubo.com domain name and other websites owned, operated or controlled by Tom Horn Enterprise, a.s. (thereinafter “the Website”)), or submitting Content to this Website, you signify your assent to (1) these Terms & Conditions, and (2) Tom Horn Enterprise's Privacy policy which are published at http://www.myubo.com/privacy.php

1.2

Please read this Terms & Conditions carefully and save it. If you do not agree to any of these Terms & Conditions, you should leave the Myubo Website and discontinue use of the Myubo Services immediately.

2. Myubo Website and Links

2.1

These Terms & Conditions apply to all users of the Myubo Website, including users who are also contributors of video content, information, and other materials or services on the Website.

2.2

The Website may contain links to third party websites that are not owned or controlled by Tom Horn Enterprise, a.s. (thereiafter “Tom Horn Enterprise”). Tom Horn Enterprise has no control over such websites and resources, you acknowledge and agree that Tom Horn Enterprise is not responsible for the availability of such external website or resources, and does not endorse and is not responsible or liable for any content, privacy policies, or practices of any third party websites. You further acknowledge and agree that Tom Horn Enterprise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, or services available on or through third party website.

2.3

In addition, Tom Horn Enterprise will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly release Tom Horn Enterprise from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the Terms & Conditions and privacy policy of each other website that you visit.

3. Website Access

3.1

Tom Horn Enterprise hereby grants you permission to use the Website as set forth in this Terms & Conditions, provided that:

• your use of the Website as permitted is solely for your personal, non-commercial use;
• you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.,
• will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
• you will not disrupt servers or networks connected to the Website;
• you will not copy or distribute any part of the Website in any medium without Tom Horn Enterprise’s prior written authorization;
• you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
• you will otherwise comply with the Terms & Condition
• in the case of adult content you are in the age, that is required by law in the applicable jurisdiction .

3.2

In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tom Horn Enterprise immediately of any breach of security or unauthorized use of your account. Although Tom Horn Enterprise will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tom Horn Enterprise or others due to such unauthorized use.

3.3

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Tom Horn Enterprise servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Tom Horn Enterprise grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tom Horn Enterprise reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

3.4

Tom Horn Enterprise has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights

4.1

The content on the Myubo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Tom Horn Enterprise subject to copyright and other intellectual property rights under Slovak and foreign laws and international conventions.

4.2

Content on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tom Horn Enterprise 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, 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 circumvent, disable or otherwise interfere with security related features of the Myubo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Myubo Website or the Content therein.

5. User Submissions

5.1

The Myubo Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Tom Horn Enterprise does not guarantee any confidentiality with respect to any submissions.

5.2

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tom Horn Enterprise to use all patent, trademark, trade secret, copyright 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 & Conditions; and
• 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& Conditions.

5.3

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Tom Horn Enterprise, you hereby grant Tom Horn Enterprise 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 Myubo Website and Tom Horn Enterprise's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Myubo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Myubo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms & Conditions. The foregoing license granted by you terminates once you remove or delete a User Submission from the Myubo Website.

5.4

In connection with User Submissions, you further agree that you will not:

• 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 Tom Horn Enterprise all of the license rights granted herein;
• publish falsehoods or misrepresentations that could damage Tom Horn Enterprise or any third party;
• submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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;
• post advertisements or solicitations of business:
• misidentify yourself in submitting the User Submission or misstate your true identity
• submit material depicting or implying rape, forced sexual acts, beastiality or death;
• encourage or otherwise depict glamorized drug use;
• characterize violence as acceptable, glamorous or desirable, or;
• impersonate another person;
• depict or promote incest;
• use racist or sexist language;

5.5

Tom Horn Enterprise does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tom Horn Enterprise expressly disclaims any and all liability in connection with User Submissions. Tom Horn Enterprise does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Tom Horn Enterprise will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Tom Horn Enterprise reserves the right to remove Content and User Submissions without prior notice. Tom Horn Enterprise will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. Tom Horn Enterprise also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Tom Horn Enterprise may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

5.6

You understand that when using the Myubo Website, you will be exposed to User Submissions from a variety of sources, and that Tom Horn Enterprise is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 Tom Horn Enterprise with respect thereto, and agree to indemnify and hold Tom Horn Enterprise, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Adult Content") is permitted only if you are over the minimum age applicable in your jurisdiction.

5.7

Myubo permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Myubo provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Myubo website on the pages containing the Embeddable Player. Myubo reserves the right to discontinue any aspect of the Myubo Website at any time.

6. Copyright and Content Policy

6.1

Tom Horn Enterprise respects the intellectual property rights of others, and requests you to do the same. Tom Horn Enterprise does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Tom Horn Enterprise will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Tom Horn Enterprise reserves the right to remove Content without prior notice. Tom Horn Enterprise will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Tom Horn Enterprise may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

6.2

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Tom Horn Enterprise's Copyright Agent the following information:

• 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• 2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• 3. a description of where the material that you claim is infringing is located on the Website, including the URL;
• 4. your address, telephone number, and email address;
• 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6.3

Tom Horn Enterprise's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
Tom Horn Enterprise, a.s.
Za kasárňou 1, 832 04 Bratislava
By fax: +421 2 44 454 588
By e-mail:

6.4

You acknowledge that if you fail to comply with all of the requirements of this section, your notice about copyright infringement may not be valid.

7. Warranty Disclaimer

7.1

You agree that your use of the Myubo Website shall be at your sole risk. To the fullest extent permitted by law, Tom Horn Enterprise, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Tom Horn Enterprise makes no warranties or representation about the accuracy or completeness of this Website's content or the content of any website linked to this Website and assumes no liability or responsibility for any:

• errors, mistakes, or inaccurancies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our Website,
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted emailed, transmitted, or otherwise made available via the Myubo Website.

7.2

You understand and agree that you download or otherwise obtain material or data through the use of the Myubo Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

8. Limitation of Liability

8.1

In no event shall Tom Horn Enterprise, its officers, directors, employees, and agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

• errors, mistakes, or inaccurancies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our Website,
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted emailed, transmitted, or otherwise made available via the Myubo Website.

8.2

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Myubo shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

8.3

The Website is controlled and offered by Tom Horn Enterprise from its facilities in the Slovakia Republic. Tom Horn Enterprise makes no representations that the Myubo Website is appropriate or available for use in other locations. Those who access or use the Myubo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

9.1

You agree to defend, indemnify and hold harmless Tom Horn Enterprise, its parent corporation, 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 from:

• your use of and access to the Myubo Website;
• your violation of any term of these Terms & Conditions;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your User Submissions caused damage to a third party.

9.2

This defense and indemnification obligation will survive these Terms & Conditions and your use of the Myubo Website.

10. Assignment

These Terms & Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tom Horn Enterprise without restriction.

11. General

You agree that:

• the Myubo Website shall be deemed solely based in Slovakia; and
• the Myubo Website shall be deemed a passive website that does not give rise to personal jurisdiction over Tom Horn Enterprise, either specific or general, in jurisdictions other than Slovakia.

These Terms & Conditions shall be governed by and construed in accordance with the internal substantive laws of the Slovak Republic, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claim or dispute between you and Tom Horn Enterprise, that arises in whole or in part from the Myubo Website shall be decided exclusively by a court of competent jurisdiction located in Bratislava, Slovak Republic. These Terms & Conditions, together with the Privacy Notice at http://www.myubo.com/t/privacy.php and any other legal notices published by Tom Horn Enterprise on the Website, shall constitute the entire agreement between you and Tom Horn Enterprise concerning the Myubo Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and Tom Horn Enterprise's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms & Conditions of Service will be effective only if in writing and signed by Tom Horn Enterprise. Tom Horn Enterprise reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Myubo Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. You and Tom Horn Enterprise agree that any cause of action arising out of or related to the Myubo Website must commence within one (1) years after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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