Dub’s Terms of Service
Last Updated: January 17, 2020

1. Introduction These terms (the “Terms”) apply to the services provided by Dub Inc. (“Dub”, “we” or “us”) through its mobile app Dub: Live Commentary and/or the website http://www.dubliveaudio.com, as well as any other applications or products offered by Dub (the “Services”). This constitutes a binding contract between you and Dub, so if you do not agree with the terms herein, please do not access or use the service. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. 2. Eligibility The Services are not available to persons under the age of 9. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and entered into this agreement on your behalf. If you are using the Services on behalf of an entity, organization, or company, then you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. The Services are also not available to any users previously removed from the Services by Dub. 3. Privacy Policy In addition to these Terms, your use of the Services is subject to our Privacy Policy, which you can find at http://www.dubliveaudio.com/privacypolicy. 4. Account You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Dub upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. We will not be liable for any loss or damage arising from unauthorized use of your credentials or loss of your credentials prior to your notifying Dub of such unauthorized use or loss thereof.  We reserve the right, in our sole discretion, to disallow, cancel, remove, or reassign usernames and permalinks or to suspend or terminate your account, without liability to you or any third party, and with or without prior notice to you including, without limitation, if activities occur on your Account which we believe would or might constitute a violation of these Terms, cause damage to or impair the Service, or damages the reputation of Dub (per our sole understanding). If you are using the Services on behalf of a company, entity or organization, then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such entity. 5. Modifications Dub may amend any of the terms of these Terms of Service by posting new terms. Your continued use of the Services after the effective date of the revised terms of service constitutes your acceptance of the Terms. You can always find the most recent version at http://www.dubliveaudio.com/termsofservice. 6. License Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content, which is any content posted on or transmitted via Dub’s mobile app or website by a user, be it audio, image or written text), including, without limitation, Dub’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws, and are the property of Dub By agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services for your personal use or internal business use only. Dub reserves all rights not expressly granted in these Terms of Service. If you submit, transmit, display, perform, post or store User Content using the Services, you grant Dub and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Dub and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. 7. Representations and Warranties related to User Content You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. 8. Restricted Conduct Without limiting any other terms of these Terms, when using the Services you agree not to (and not to attempt to): create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity; harvest or collect the email addresses or other contact information of other users from the Services; defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof; modify, adapt, translate or create derivative works based upon the Services or any part thereof; interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; access any website, server, software application, or other computer resource owned, used and/or licensed by Dub, including but not limited to the Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose; manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; use or attempt to use another user’s account without authorization from that user and Dub; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access; attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. Dub takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Dub liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. Dub is not liable for any statements or representations included in User Content and does not endorse any User Content, opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Dub reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing may result in, among other things, termination or suspension of your rights to use the Services. 9. Termination To the fullest extent permitted by applicable law, Dub reserves the right, without notice and in our sole discretion, to terminate your license to use the Services , and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) any policy or practice in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services. 10. Limitation of Liability NEITHER DUB NOR ITS AFFILIATES (THE “DUB PARTIES”) MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE OR ANY CONTENT THEREON. ACCORDINGLY, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE DUB PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE. THE DUB PARTIES DO NOT WARRANT THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO DUB PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. IN NO EVENT WILL ANY DUB PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE DUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY OTHER USER), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE DUB PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 11. IndemnificationTo the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Dub Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting: from (a) your breach of these Terms; (b) any uses of User Content you post to the Services. Dub will provide notice to you of any such claim, suit, or proceeding. Dub reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Dub believes that you are unwilling or incapable of defending Dub's interests. In such a case, you agree to cooperate with any reasonable requests assisting the defense of such matter at your expense. 12. Dispute ResolutionYou and Dub agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration, including all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DUB ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Notwithstanding the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim. Any arbitration between you and Dub will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Dub's address for Notice is: 3505 El Camino Real #369, Palo Alto, CA, 94306, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Dub may commence an arbitration proceeding. 13. Miscellaneousa. Waiver.If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party. b. Severability.If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. c. Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dub without restriction. Any assignment attempted to be made in violation of this Terms shall be void. d. Survival.Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. e. Entire Agreement.The Terms, together with the the Privacy Policy, is the entire agreement between you and Dub relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service made by Dub as set forth herein. 14. Contact If you would like to contact us in connection with your use of the Service, please reach out at dub@dubliveaudio.com.