Mobile App Terms of Use

TUBO.PH MOBILE APP TERMS AND CONDITIONS

TABLE OF CONTENTS

Introduction
Access to the Services
Your Use of the Tubo App
Your Tubo Account
Monitoring by Tubo
Materials Available on the Tubo Site
Services
Third Party Sites
Term
Payment
Intellectual Property
Privacy
Personal Information Processing Consent
Disclaimer of Warranties
Limitation of Liability
Notice of Data Practices/Cookies
Compliance with Applicable Laws
Indemnification
Disputes & Applicable Law
Suspension or Deactivation
Consent
General
Notices
Confidentiality
Good Faith
Separability
How to Contact Us

1. Introduction

Welcome to the application provided by Tubo! These Terms and Conditions govern your access to and use of Tubo Application (the “Tubo App”). By accessing and using the Tubo App, you affirm that you are of legal age to enter into these Terms and Conditions, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and Conditions. If you violate or do not agree to these Terms and Conditions, then your access to and use of the Tubo App is unauthorized. Additional terms and conditions apply to some services offered on the Tubo Site (www.tubo.ph). Those terms and conditions can be found where the relevant service is offered on the Tubo Site and are incorporated into these Terms and Conditions by reference.

If you do not understand or do not wish to be bound by these Terms and Conditions, or the Privacy Policy, you cannot access or use any of Tubo’s Services. You further acknowledge that you have fully understood and agree to be governed by the rules and regulations of each of the Tubo Services you are availing.

These Terms and Conditions shall be effective, valid, and binding from the time of your download, activation, or use of the Tubo App, except for those terms and conditions that will survive and remain effective beyond your account’s termination as stated in these Terms and Conditions, pursuant to law or regulation, or whose operation necessarily requires survival after the termination.

Tubo reserves the right to amend these Terms and Conditions at any time without any prior notice. Any changes to these Terms and Conditions will be effective immediately upon posting on the Tubo App, with an updated effective date. By accessing or using the Tubo Services after any changes to these Terms and Conditions have been made effective, you signify your agreement on a prospective basis to the amended or revised Terms and Conditions. Kindly periodically visit the link in the Tubo App to these Terms and Conditions to ensure familiarity with the latest version thereof.

DEFINED TERMS: In these Terms and Conditions:

When we say Tubo, we mean www.tubo.ph, the Tubo App, Ventaja International Corp. (based in the Philippines) and Ventaja Solutions Pte. Ltd. (based in Singapore). We also refer to Tubo as we, us and our. But when we say Tubo Entities, we mean Tubo and its third-party providers; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say Tubo Site, we mean www.tubo.ph and all related functionality, services, and Content offered by or for Tubo on or through www.tubo.ph and the systems, servers, and networks used to make the Tubo Site available.
When we say Tubo App, we mean the official Tubo App for iPhone and Android, that can be downloaded from the iTunes App Store or the Google Play Store.
When we say you or your we mean any user (like you!) of any Tubo Site.
When we say Terms and Conditions, we mean these Terms and Conditions and all other terms and policies posted by Tubo on the Tubo Site (and any updates by Tubo to these Terms and Conditions and those terms and policies).
When we say Documentation, we mean any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Services or describing Service Plans, as applicable, provided or made available by Tubo to You.
When we say Registration Form, we mean Our generated registration form(s) executed or approved by You with respect to Your subscription to a Service, which may detail, among other things, the number of Users authorized to use a Service under Your subscription and the Service Plan applicable to Your subscription. Replace with clause below
When we say Registration Form, we mean Our generated registration form(s) executed or approved by You with respect to a Service within the app, which may detail, among other things, the number of Users authorized to use a Service applicable to Your account.
When we say Services, we mean the services offered by Tubo as defined in Section 7 hereof.
When we say Service Plan, we mean the packaged service plan(s) and the functionality and services associated therewith (as detailed on the Site applicable to the Service) for the Services.
When we say Subscription Term or Term, we mean the period during which You have agreed to subscribe to a Service with respect to the Subscriber (an Enterprise Account) that is linked to Your Individual Account.
When we say Subscriber, we mean the person, company, or agency that creates an Enterprise Account and subscribes to the Services.
When we say Enterprise Account, we mean the Account created to subscribe to the Services and add or link Users within the Services.
When we say Individual Account, we mean the Account created by Users within the Services.
When we say Account, we mean any accounts or instances created by or on behalf of the Subscriber (an Enterprise Account) or its Users within the Services (Individual Accounts) .
A few other key terms used in these Terms and Conditions:
- When we say Content, we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.). Content shall also refer to personal information, and sensitive personal information as defined in the Data Privacy Act of 2012, its Implementing Rules and Regulations, and applicable notices, rules, or circulars promulgated by the National Privacy Commission or other government office in the Philippines. Content pertaining to personal information and sensitive personal information shall likewise be governed by Tubo’s Data Privacy Statement and Privacy Policy.
- When we say make available, we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Tubo Sites administered by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Tubo Site through the tools offered by such social media platforms).
- When we say Materials, we mean Content that Tubo Entities make available on or through the Tubo Site.

UPDATES: We may update or modify these Terms and Conditions from time to time by notifying you of such changes by any reasonable means, including the posting a revised Terms and Conditions through the Tubo Site, and providing a linked page on the Tubo App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Tubo Site or the Tubo App after we post any changes, you accept the revised Terms and Conditions. We encourage you to visit this page regularly to ensure familiarity with the latest version of the Terms and Conditions.

2. Access to the Services

A. Availability

Tubo will make the Services available to you pursuant to these Terms and Conditions and the applicable Registration Form(s) and Documentation in accordance with our Subscription Agreement. Tubo will use commercially reasonable efforts to make the Services available in 24 hours a day, 7 days a week, except (a) during Planned Downtime (of which We will give advance notice via Our Site or to the Account owner); and (b) for any unavailability due to reasons beyond the control of Tubo, including, but not limited to, force majeure, action of governmental agencies or third parties, or change in legislation.

B. Support

Tubo will, at no additional charge, provide applicable standard customer support for its Services.

C. Modifications

You acknowledge that Tubo may modify the features and functionality of the Services during the Subscription Term available. Tubo will notify you of such modifications by any reasonable means, including the posting of a notice, for any planned discontinuation of any primary feature or functionality.

D. Additional Services

Tubo is constantly improving its Services. Hence, you acknowledge that Tubo may add services to the Tubo App other than those described in Section 7 hereof.

Tubo will provide a notice for applicable and/or amended Terms and Conditions prior to your access and use of any additional service. Your access and use of any additional service will be considered acceptance of the applicable and/or amended Terms and Conditions, subject to compliance to applicable laws.

3. Your Use of the Tubo App

A. Content and Use

You certify that the Content you provide on or through the Tubo App is accurate and that the information you provide on or through the Tubo App is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Tubo is not responsible for any losses arising out of the unauthorized use of your account. You agree that Tubo does not have any responsibility if you lose or share access to your account. Any agreement between you and the issuer of your payroll card, debit card, or other deposit accounts will continue to govern your use of such method of receiving your payroll on the Tubo App. You agree that Tubo is not a party to, nor privy to any such agreement, nor is Tubo responsible for the content, accuracy, or unavailability of any method used for payroll. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law or these Terms and Conditions, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Tubo App or any portion of the Tubo App, and (2) charge, modify, or waive any fees required to use any Services, functionality, or other content available through the Tubo App.

In connection with the Tubo Site, you will not:
- Make available any Content through or in connection with the Tubo Site that is or may be in violation of the content guidelines set forth in Section 3.B (Prohibited Content) below.
- Make available through or in connection with the Tubo Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Tubo Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Tubo Site.
- Interfere with or disrupt the operation of the Tubo Site or the systems, servers, or networks used to make the Tubo Site available, including by hacking or defacing any portion of the Tubo Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Tubo Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Tubo Site except as expressly authorized in these Terms and Conditions, without Tubo’s express prior written consent.
- Reverse engineer, decompile, or disassemble any portion of the Tubo Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Tubo Site.
- Frame or mirror any portion of the Tubo Site, or otherwise incorporate any portion of the Tubo Site into any product or service, unless you obtain Tubo’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Tubo Site, without Tubo’s express prior written consent.
- Cause injury to any person or entity.
- Violate any law, rule, or regulation, or these Terms and Conditions.
You will not use the Tubo Site or Tubo’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Tubo trademark, logo, URL, or product name without Tubo’s written consent;
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms and Conditions.

B. Prohibited Content

You agree that you will not make available Content in connection with the Tubo Site that:

is false, fraudulent, inaccurate, or misleading;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Tubo), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Tubo in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Tubo;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Tubo, its related entities, employees, and agents;
violates any policy posted on the Tubo Site; or
is intended to cause harm, damage, disable, or otherwise interfere with the Tubo Site or our partners.

4. Your Tubo Individual Account

The functions of the Tubo App and its Services require the creation of an account with Tubo. As part of the registration process, you will provide a Philippine phone number, set up a password, and provide information, such as, but not limited to, your complete name, email address, present and/or permanent address, date of birth, nationality, employment data, bank details, photo of yourself, and signature, which must be accurate and updated. You may not select or use a Username of another person with the intent of impersonating him or use a Username of which another person has rights without such person’s authorization. We may also verify your registration information through a third-party verification partner/service provider, as we may deem necessary. In some cases, we may also ask you to provide additional details or information that can aid in verifying your identity.

You agree to take reasonable measures to protect the security of the Password that you use to access the Tubo App and its Services and agree not to disclose the same to third parties. You are responsible for any activity in your account, whether or not you authorized the same. You shall immediately notify Tubo of any known or suspected unauthorized use of your account, or any known suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification process. The information you provide will be used to determine if you are eligible to use the Tubo App and its Services. Tubo reserves the right to suspend, deactivate, or limit your access to your Tubo account in the event that Tubo is unable to obtain or verify your information or for any reason whatsoever. Tubo shall process your personal data in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, the applicable issuances of the National Privacy Commission (NPC), and Tubo’s Data Privacy Statement, and Privacy Policy.

You are responsible for providing accurate registration information, keeping your registration information up to date, and notifying Tubo in the event of any changes to the same. In addition, as new or certain Tubo Services may become available or be offered only on a select or promotional basis, supplementary information may be required from your end in order to enable or avail of the pertinent Tubo Services.

Acceptance of these Terms and Conditions signify that you are setting up your Tubo Account that is associated with your e-mail address.

Failure to comply with the above shall constitute a breach of this Agreement, which may result in the immediate termination of your account.

5. Monitoring by Tubo

Tubo will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Tubo Site, including to determine compliance with these Terms and Conditions and any other operating rules that may be established by Tubo from time to time. Tubo will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Tubo Site, for any reason, including violation of these Terms and Conditions, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Tubo for all claims resulting from any Content you make available and Tubo assumes no responsibility or liability arising from the content of the Tubo Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the same.

6. Materials Available on the Tubo Site

Tubo and its third-party providers may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. Tubo makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Tubo Site, we would appreciate it if you let us know by contacting us. (Your feedback is a big part of what helps Tubo to get better at helping you!)

7. Services

The Tubo App shall offer, but will not be limited to, the following Services:

A. Timekeeping – Available. The timekeeping module embedded within the Tubo App is designed to work with the User’s phone and the phone’s internal GPS. Phones not equipped with internet connectivity or do not have GPS cannot use the Tubo App.

Another limitation is how the phone’s GPS records the User’s location. Certain phone models have a difficult time pinpointing the User’s exact location when the User is elevated, i.e. far from ground level. We therefore recommend that time in/out locations be set as close to ground level as possible. For example, if your office is on the 20th floor of a building, then we recommend setting the office location at the entrance of the building instead.

B. Payroll Management – Not yet available.

C. Leave Management – Not yet available.

8. Third Party Sites

References on Tubo Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Tubo is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Tubo Site operate or otherwise interact, nor is Tubo responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

9. Term

A. Term

Unless Your Account and subscription to a Service is terminated in accordance with these Terms and Conditions or unless otherwise provided for in a Registration Form, Your subscription to a Service will renew for a Subscription Term of one (1) calendar month.

B. Export of Information

For thirty (30) days after the effective date of termination or expiration of this agreement, upon Your request, We will make Your information available to You for export or download as provided in the Documentation. Thereafter, We will have no obligation to maintain or provide any information, and, as provided in the Documentation, We will, unless prohibited by law or legal order, delete Your information in Our Services in accordance with our Privacy Policy.

10. Payment

The third party that creates an Enterprise Account and initiates the creation of Your Account or links to Your Account is responsible for paying the cost of the subscription to Tubo. If this third party stops paying for the subscription, then your subscription will expire at the end of the Subscription Term.

11. Intellectual Property

The Tubo Site and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the IP) are owned or controlled by or licensed to Tubo, and are protected by trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by Tubo to use the Tubo Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by Tubo to use the Tubo Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Tubo Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms and Conditions, you must immediately cease using the Tubo Apps and remove (that is, uninstall and delete) the Tubo Apps from your mobile device.

No license, right, title, or interest in the Tubo Site or any Materials is transferred to you as a result of your use of the Tubo Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Tubo Site. The Tubo Site and Materials may be used only as a personal resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Tubo Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Tubo and Materials is the exclusive property of Tubo and is also protected by laws.

Tubo names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Tubo Site are trademarks or of Tubo in the Philippines and other countries.

12. Privacy

Tubo will take appropriate measures to protect your privacy as you use the Tubo App and its Services. You acknowledge that any personal information that you provide through the Tubo Site will be used by Tubo in accordance with Tubo’s Privacy Policy, which may be updated by Tubo from time to time. By using the Tubo App and its Services, you also agree to be legally bound by Tubo’s Privacy Policy.

13. Personal Information Processing Consent

By accessing and using the Tubo App and its Services, you agree and consent that Tubo may collect, use, retain, disclose and process personal information set out in the Registration Form and/or otherwise provided by you, your company or possessed by the Tubo for one or more of the purposes stated below:

To provide and improve the Tubo’s services;
To facilitate transactions;
To avail of third-party products and services;
To communicate about relevant products, ads and/or advisories through whichever means are available to Tubo;
To provide a better customer experience to Tubo’s clients and improve, develop, identify and release updates and new products and services;
To follow safety, security, public service or legal requirements and processes;
To process information for statistical, analytical, and research purposes; and
To identify and prevent errors and inefficiencies due to misuse of the platform.

Your personal information may be disclosed by Tubo to its third party service providers for one or more of the purposes stated above, as such third party service providers, if engaged by Tubo, will be processing your personal information on behalf of Tubo.

You also have the right to request for your personal information to be corrected or removed should you find that your information is incorrect, incomplete or irrelevant.

14. Disclaimer of Warranties

The Tubo Site, and all content, materials, products, services, functionality, and other items included on or otherwise made available to you through the Tubo Site, is provided by Tubo on an As Is and As Available basis. No Tubo Entity makes any representation or warranties of any kind, express or implied, as to the operation of the Tubo Site or the content, materials, product, services, functionality, or other items included on or otherwise made available to you through the Tubo Site.

Without limiting the generality of the foregoing, Tubo makes no warranty: (1) on the quality or accuracy of transactional data or information received or transmitted using the Tubo App; (2) on any service availed of using the Tubo App; (3) that the Tubo services will be uninterrupted or error-free; or (4) that any particular outcome or information will be obtained.

To the fullest extent permissible by applicable law, the Tubo entities disclaim all warranties, express or implied including implied warranties of merchantability and fitness for a particular purpose. You Acknowledge that, to the fullest extent provided by applicable law, your use of the Tubo Site is at your sole risk. This Section does not limit the terms of service offered by a third-party provider of a service made available by Tubo to you through the Tubo App. This disclaimer constitutes an essential part of these Terms and Conditions. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Tubo site and agree that any information you send or receive during your use of the Tubo Site may not be secured and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, no Tubo entity is responsible for any loss or damage to your property or data that results from any materials you access or download from the Tubo Site.

15. Limitation of Liability

Tubo is not liable for any claims, including but not limited to claims arising from, in connection with, or as a result of any or all of the following:

Any unauthorized use without intentional fault or gross negligence of Tubo;

If the User is unable to perform or complete any transaction due to service unavailability of Tubo’s Site, Tubo’s App, the User’s phone, SIM, GPS or internet provider;

Any delay, interruption, or termination of the Tubo transaction due to reasons beyond the control of Tubo; including force majeure, action of governmental agencies or third parties, or change in legislation; and/or
Any misrepresentation, fraud, or misconduct by any third party.

Since You did not pay Tubo any Subscription Charges, only the Subscriber may bring any legal action against Tubo. And in such a case, the Subscriber agrees that the total liability of Tubo to the Subscriber shall be limited solely to the amount of Subscription Charges actually received by Tubo in the previous 12 months since the damage occurred and proven by the Subscriber due to intentional fault or gross negligence solely attributable to Tubo.

16. Notice of Data Practices

A. Cookies

Whenever You interact with Our Services, We automatically receive and record information on Our server logs from the browser or device, which may include IP address, “cookie” information, and the type of browser and/or device being used to access the Services. When We collect this information, We only use this data to provide the Services or in aggregate form, and not in a manner that would identify Users personally.

If you wish to deny the use and saving of cookies from the Services in your computers, you should take the necessary steps in the security settings of your browser to block all cookies from the Services or to prompt you before accepting cookies. If you do not accept cookies, however, you may not be able to use all aspects of the Services.

B. Communicating with You

We may communicate with You and send You product announcements and promotional offers or contact You about the Services based on Our legitimate interest under applicable laws to offer information about the Services. If You do not want to receive communications from Us, please use the unsubscribe option found in all such emails or indicate this preference by sending an email to csupport@tubo.ph and provide us with the name and email address of each User that no longer wishes to receive these communications. You will continue to receive transactional messages that are required for Tubo to provide the Services to You (e.g. product usage notifications).

C. Promoting the Services

We may share aggregated and/or anonymized information regarding Your use of the Services with third parties for marketing purposes based on Our legitimate interest under applicable laws to develop and promote Service(s). We never disclose aggregated and/or anonymized information to a third party in a manner that would identify You as the source of the information.

D. Marketing

You consent to being named as a customer of Tubo on Tubo Sites, and in other marketing materials distributed by the Tubo (which may include emails and other web and print materials) (collectively, “Tubo Marketing Materials”). In connection with such activity, Tubo may also display Subscriber’s trademarks, service marks, and/or logos in Tubo Marketing Materials. The foregoing shall be deemed a worldwide, nonexclusive and (except as set forth herein) irrevocable license to the use of Subscriber’s name, trademarks, service marks, and logos for this purpose.

You also agree to be referenced in press releases, case studies prepared by Tubo, Tubo’s announcement of its financial results and Tubo investor relations materials (collectively “Tubo Press Materials”). In connection with such activity, Tubo may also use and display Subscriber’s trademarks, service marks, and/or logos in Tubo Press Materials. The foregoing shall be deemed a worldwide, nonexclusive and (except as set forth herein) irrevocable license to the use of Subscriber’s name, trademarks, service marks, and logos for this purpose.

E. Data Sharing and Survival

For the avoidance of doubt, You hereby acknowledge and agree that the members of Tubo may share with each other any and all information relating to the User for any legitimate business purpose including, but not limited to, fraud and risk management, sales and marketing activities, product and system development and innovation, customer experience management and improvement, and market research.

The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this Agreement, or any other transactions, dealings, arrangements, and accounts which you may have with, or avail from, Tubo.

17. Compliance with Applicable Laws

You must comply with all applicable laws regarding the proper use of Tubo Site connected to the internet. Your unauthorized use of Tubo or unauthorized, improper or fraudulent use of your account shall subject you or any Third-Party to a claim for damages, and/or criminal liability in accordance with applicable laws, including but not limited to the following provisions of law:

Hacking or cracking or interference in a computer system/server information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices without the knowledge and consent of the owner of the computer or information and communication system, including the introduction of computer viruses and the like resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (Php 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(a) of the Philippine Electronic Commerce Act)
Piracy or the unauthorized copying, reproduction, dissemination or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recording or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited, to the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of One Hundred Thousand Pesos (Php 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. Section 33(b) of the Philippine Electronic Commerce Act).

Tubo reserves the right to investigate complaints or reported violations of this Terms and Conditions and to take appropriate actions against those found to be in violation. You must timely inform Tubo of any knowledge of improper or illegal use of Tubo or your Tubo Account.

18. Indemnification

You agree to defend (at Tubo’s option), indemnify, and hold the Tubo Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorney’s fees and costs, arising from or related to your misuse of the Tubo Site or any breach by you of these Terms and Conditions. Tubo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Tubo if and as requested by Tubo in the defense and settlement of such matter.

19. Disputes & Applicable Law

The Terms and Conditions constitute the entire agreement between you and Tubo. If any provision of this Terms and Conditions is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect other provisions of this Terms and Conditions which shall remain in full force and effect. This Agreement shall be treated as if executed and performed in Pasig City, Philippines, and shall be governed by and construed in accordance with Philippine laws. Any suit or proceeding arising out or relating to this Terms and Conditions shall be instituted in the appropriate court of Pasig City. All actions and controversies that may arise from the implementation of this Terms and Conditions shall be submitted to mediation and/or arbitration in accordance with the provisions of Republic act No. 9285 otherwise known as the Alternative Dispute Resolution Act of 2004.

20. Suspension or Deactivation

You acknowledge that, in the following cases, Tubo has the right to deactivate your account with or without prior notice depending on the ground for deactivation:

the information and documents provided by the User to Tubo, including those required for registration, is/are fictitious, false, or forged;
the account is being used for fraudulent/suspicious transactions or unlawful activities or by an unauthorized person;
the Tubo account is dormant. For the avoidance of doubt, the Tubo account is considered dormant if it has no activity for at least six (6) months from the date of the last renewal of the subscription activity; or
when the deactivation is pursuant to an order of the governmental agency, court, law, or regulation.

The User shall hold Tubo free and harmless from any Claims arising from this section unless such Claims are proven to be due to the fault or gross negligence of Tubo.

21. Consent

Consent given by the User to a subsidiary or affiliate of Tubo for any of Tubo’s Services involving the use, processing, and/or disclosure of the User’s Tubo Account information shall be deemed to be consent given to Tubo.

22. General

These Terms and Conditions represent the complete agreement and understanding between you and Tubo and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms and Conditions. These Terms and Conditions do not, and shall not, be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Tubo. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions will remain in full force and effect. The failure of Tubo to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and will not limit Tubo’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. Any use of the term including or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase without limitation.

23. Notices

Notices to you (including notices of changes to these Terms and Conditions) may be made via posting to the Tubo Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. Confidentiality

The User shall keep the terms of this Agreement strictly confidential and shall not disclose any of the terms herein to any third party without the consent of Tubo, except in case any disclosure is required by any applicable law or order of any regulatory authority.

25. Good Faith

You shall perform all such acts, undertakings and obligations imposed on them under these Terms and Conditions in good faith, execute and deliver such other documents, instruments, or agreements as may be necessary in order to give effect to the intent underlying these Terms and Conditions or to fully implement or consummate the transactions contemplated hereunder, and will not willfully take or omit to take any action which would frustrate the spirit and intent underlying these Terms and Conditions.

26. Separability

If any one or more of the provisions of these Terms and Conditions or any document that may be executed in connection therewith shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein or in any other related document shall not in any way be affected or impaired and shall remain in full force and effect.

27. How to Contact Us

If you have any questions or comments, please contact us via chat or by email at csupport@tubo.com.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

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