1. Establishing a relationship with LubeStudio
1.1 Your use of the LubeStudio website (the "Website") and any LubeStudio products/services, channels, software, and data feeds, including the LubeStudio embeddable media player (the "LubeStudio Player") provided to you on or from or through the Website by LubeStudio (collectively the "Service") is subject to the Terms and Conditions of a legal agreement between you and LubeStudio. "LubeStudio" means LubeStudio Limited, whose principal place of business is at 5-7 Beal Lane Shaw, Oldham, OL2 8UY, United Kingdom.
1.3 The Terms and Conditions form a legally binding agreement between you and LubeStudio in relation to your use of the Service. It is crucial that you take the time to read them carefully.
1.4 The Terms and Conditions apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, medias, audiovisual combinations, interactive features and all materials you may view on, access through or contribute to the Service.
2. Accepting the Terms and Conditions
2.1 In order to use the Service, you must firstly agree to the Terms and Conditions. You may not use the Service if you do not accept the Terms and Conditions.
2.2 You can accept the Terms and Conditions by simply using the Service. You understand and agree that LubeStudio will treat your use of the Service as acceptance of the Terms and Conditions from that point onwards.
2.3 You may not use the Service and may not accept the Terms and Conditions if (a) you are not of legal age to form a binding contract with LubeStudio, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms and Conditions for your records.
3. Changes to the Terms and Conditions
We at LubeStudio reserve the right to make changes the Terms and Conditions from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms and Conditions regularly checking for any new changes. The modified version of the Terms and Conditions (the "Modified Terms and Conditions") will be posted at http://www.lubestudio.com/terms-of-use.html or made available within the Service (for any modified additional Terms and Conditions). If you do not agree to the Modified Terms and Conditions you must stop using the Service. Your continued use of the Service after the date the Modified Terms and Conditions are posted will constitute your acceptance of the Modified Terms and Conditions.
4. LubeStudio accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a LubeStudio account. When creating your account, you must provide accurate and complete information. It is crucial that you must keep your LubeStudio account password secure and confidential.
4.2 You must notify LubeStudio immediately of any breach of security or unauthorised use of your LubeStudio account that you become aware of.
4.3 You agree that you will be solely responsible (to LubeStudio, and to others) for your activity under your LubeStudio account.
5. General restrictions
5.1 LubeStudio hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to comply with any of these conditions shall constitute a breach of these Terms and Conditions on your part:
5.2 You agree that you will comply with all of the other provisions of the Terms and Conditions the LubeStudio Community Guidelines at all times during your use of the Service.
5.3 LubeStudio 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. LubeStudio reserves the right to revoke these exceptions either generally or in specific cases.
5.4 LubeStudio is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which LubeStudio provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that LubeStudio may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at LubeStudio's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform LubeStudio when you stop using the Service.
5.6 You agree that you are solely responsible for (and that LubeStudio has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions for the consequences (including any loss or damage which LubeStudio may suffer) of any such breach.
6. Copyright policy
6.1 LubeStudio operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here: http://www.LubeStudio.comt/copyright_notice
6.2 As part of LubeStudio's copyright policy, LubeStudio will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 As a LubeStudio account holder you may submit Content. You understand that whether or not Content is published, LubeStudio does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to LubeStudio and other users of the Service. These are described in paragraph 8 of these Terms and Conditions (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. LubeStudio does not endorse any Content or any opinion, recommendation, or advice expressed therein, and LubeStudio expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable LubeStudio to use your Content for the purposes of the provision of the Service by LubeStudio, and otherwise to use your Content in the manner contemplated by the Service and these Terms and Conditions.
7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the LubeStudio Community Guidelines, found at http://www.LubeStudio.comt/community_guidelines, as updated from time to time.
7.6 You agree that you will not post or Create, upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for LubeStudio to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant LubeStudio the licence referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms and Conditions, LubeStudio reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and Conditions may remove such Content and/or terminate a User's access for Creating, uploading or posting Content which is in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LubeStudio with respect to any such Content.
8. Rights you licence
8.1 Apart from some content you may create exclusively for a limited viewership, when you Create, upload or post Content to LubeStudio, you grant:
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. LubeStudio content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to LubeStudio, and is subject to copyright, trade mark rights, and other intellectual property rights of LubeStudio or LubeStudio's licensors. Any third party trade or service marks present on Content not Created, uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of LubeStudio or, where applicable, LubeStudio's licensors. LubeStudio and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from LubeStudio
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by LubeStudio. LubeStudio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that LubeStudio is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products/services or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that LubeStudio is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products/services or other materials on, or available from, such web sites or resources.
11. Ending your relationship with LubeStudio
11.1 The Terms and Conditions will continue to apply until terminated by either you or LubeStudio as set out below.
11.2 If you want to terminate your legal agreement with LubeStudio, you may do so by (a) notifying LubeStudio at any time and (b) closing your LubeStudio account. Your notice should be sent, in writing, to LubeStudio's address which is set out at the beginning of these Terms and Conditions.
11.3 LubeStudio may at any time terminate its legal agreement with you if:
11.4 LubeStudio may terminate its legal agreement with you if:
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that you and LubeStudio have benefited from, been subject to (or which have accrued over time whilst the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms and Conditions shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and LubeStudio makes no warranty or representation to you with respect to them.
12.3 In particular LubeStudio does not represent or warrant to you that:
12.4 No conditions, warranties or other Terms and Conditions (including any implied Terms and Conditions as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms and Conditions.
13. Limitation of Liability
13.1 Nothing in these Terms and Conditions shall exclude or limit LubeStudio's liability for losses which may not be lawfully excluded or limited by applicable law.
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or material displayed on our web site. lubestudio.com disclaims any responsibility for the deletion, failure to store, or delivery of any material.
LubeStudio disclaims any responsibility for any harm resulting from accessing any material on the Internet through the service.
13.2 Subject to the overall provision in paragraph 13.1 above LubeStudio shall not be liable to you for:
13.3 The limitations on LubeStudio's liability to you in paragraph 13.2 above shall apply whether or not LubeStudio has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal Terms and Conditions
14.1 The Terms and Conditions constitute the whole legal agreement between you and LubeStudio and govern your use of the Service and completely replace any prior agreements between you and LubeStudio in relation to the Service. All other Terms and Conditions of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms and Conditions.
THE LUBESTUDIO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE LUBESTUDIO.COM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
14.2 You agree that LubeStudio may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Service.
14.3 You agree that if LubeStudio does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which LubeStudio has the benefit of under any applicable law), this will not be taken to be a formal waiver of LubeStudio's rights and that those rights or remedies will still be available to LubeStudio.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which LubeStudio is a part shall be third party beneficiaries to the Terms and Conditions that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms and Conditions which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms and Conditions.
14.6 The Terms and Conditions, and your relationship with LubeStudio under the Terms and Conditions, shall be governed by English law. You and LubeStudio agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms and Conditions. Notwithstanding this, you agree that LubeStudio shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.