Welcome to TabaccoMedia.com. By using or accessing any part of the ubatv.com website ("Site"), a service of Tabacco Media, Inc., ("Tabacco Media"), you are agreeing to comply with all applicable laws and to be bound by the following Terms of Use ("Terms"). These Terms constitute a legal agreement ("Agreement") between you and Tabacco Media. PLEASE READ THESE TERMS CAREFULLY. If you do not agree to any of the Terms, we are unwilling to grant you access to the Site or the Services associated with the Site. You should therefore discontinue use of the Site immediately. Tabacco Media reserves the right to update these Terms and revise or modify the Tabacco Media Site or Services without notice at any time and your continued use of the Site and/or the Services will constitute acceptance of such updated Terms or revisions or modifications.

The Site provides you with access to a variety of items and information, including software, (collectively, the "Services"). Any updates or enhancements to the Site or the Services are also subject to these Terms.

Proprietary Rights:
Tabacco Media owns and retains all proprietary rights in the Site and Services. The Site contains copyrighted material, trademarks, and other proprietary information of the Site and its licensors. Except for that information considered public domain or for which you have written permission, you may not copy, modify, transmit, publish, distribute, display, perform, or sell any such proprietary information and you do not acquire any ownership rights in such.

Basic Terms:
The Tabacco Media Site and Services are provided only for your use for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by Tabacco Media. Any unauthorized use of the Site and/or Services is expressly prohibited. We reserve the right to refuse service to anyone for any reason at any time.

As a condition of use, you promise not to use the Tabacco Media Site and/or Services for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws).

You affirm that you are either more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with this Agreement.

NO ONE UNDER 13 YEARS OF AGE ALLOWED ON THE WEBSITE.

You may not submit anything to the Site, or provide any information about yourself, to the Site unless you are at least 13 years old, even if you have the consent of a parent or guardian to do so. Tabacco Media follows the guidelines established by the Federal Children's Online Privacy Protection Act of 1998 (COPPA). Therefore, we will never knowingly accept or solicit personally identifiable information from a user known to be under the age of thirteen (13). If you have a concern, please refer to our Privacy Policy for information on how to notify us.

Rules and Conduct:
In using or accessing the Site and Services, whether as a Tabacco Media Site Member or as a non-member, you agree to comply with the following:

1. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Site and use in the Services.
2. You will not use the Site and Services for any purpose or in any manner, nor upload, email, post, publish, distribute, transmit, submit, perform, display or otherwise make available through the Site and Services any Content, that: (i) is of an adult, sexually explicit or pornographic nature, furthermore any content intended to let users know that you have adult content materials, submissions, content or websites; (ii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable; (iii) violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights (as further described in the section entitled "Copyright and Usage" below); (iv) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information about activities such as making or buying illegal weapons or illegal substances); (v) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), "chain letters", "pyramid schemes", or any other form of solicitation; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any computer software, hardware or telecommunications equipment or the Site and Services.
3. You will not abuse, harass, threaten, impersonate or intimidate other Tabacco Media Site users. When utilizing the Site and its Services you may not act in any manner that may be deemed discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age.
4. You will not to use the Site or Services to harm minors in any way.
5. You will not collect or store personal data about other users. The use of any information learned through the Site and Services or while in use of the Site and Services is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
6. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and/or Services.
7. You are solely responsible for keeping your password secure.
8. You will not attempt to gain unauthorized access to any Account other than your own.
9. You will not impersonate any person or entity, including, but not limited to, a Tabacco Media official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
10. You will not take any action that imposes, or may impose in Tabacco Media's sole discretion an unreasonable or disproportionately large load on Tabacco Media's infrastructure.

Violation of any of these agreements will result in the termination of your Tabacco Media Site account. While Tabacco Media prohibits such conduct and content on its site, you understand and agree that Tabacco Media cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Site and Services at your own risk.

Copyright and Usage:
You are solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tabacco Media to use all intellectual property rights or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content, to use the name or likeness of each and every such identifiable individual person to so as to legally authorize inclusion and use of the Content in the manner contemplated by this Site and this Agreement.

Tabacco Media has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party. Tabacco Media may delete without prior notice any Content that Tabacco Media finds objectionable in its sole discretion.

Tabacco Media will remove all Content that infringes another's intellectual property rights or rights of privacy given that proper notification is made and executed (as described below in "Copyright Infringement" section.)

You hereby grant to Tabacco Media a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, publicly display, distribute, sublicense, modify, reproduce, make derivative works of, and otherwise fully exploit any Content that you submit to Tabacco Media, its Site and Services in multiple media formats and through any media channels.

Tabacco Media or it's designees may record the Content on film, tape or otherwise for use in the programming and may edit, distribute and exhibit the program as desired for distribution and exhibition in any and all media throughout the world, now known or hereafter developed, in perpetuity including advertising, promotion and publicity of the programming.

Any Content that you submit is deemed non-confidential, and Tabacco Media shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

Copyright Infringement:
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site, please reference the URL associated with that file so that we may accurately identify such file(s); (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by mail:

Tabacco Media, Legal and Copyright, 30 Montgomery Street, Suite 1502, Jersey City, NJ, 07302

Indemnity:
You agree to indemnify and hold Tabacco Media and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your violation of the Terms, or your violation of any rights of another.

Advertisers and Contests:
We are not responsible for the Products of Advertisers on this Site. Tabacco Media is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the Tabacco Media Site, or related to any of Tabacco Media's Services and derivative works. The Site contains links to third party sites that are not under our control and we not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk.

From time to time, we may conduct contests in which we may award various prizes. You agree that if you participate in any contest, you will abide by all the rules and be subject to all the terms and conditions of such contest, in addition to these Terms.

International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

NO WARRANTY:
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SITE AND THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tabacco Media AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND THE SERVICES.

Tabacco Media DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Tabacco Media RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE SITE OR THE SERVICES AT ANY TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tabacco Media OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT Tabacco Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT RESPONSIBLE OR LIABLE FOR: (1) ANY CONTENT, WHICH MAY BE INFRINGE THE RIGHTS OF OTHERS OR BE INACCURATE, OR ILLEGAL (SUCH AS BEING OBSCENE, INDECENT, DEFAMATORY, THREATENING, OFFENSIVE OR TORTIOUS); OR (2) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Tabacco Media SITE. IN NO EVENT SHALL Tabacco Media AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION OR LOST PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR THE SERVICES EVEN IF Tabacco Media HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. Tabacco Media'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE DOLLAR (US$1.00). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE Tabacco Media SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Cooperation:
When requested, Tabacco Media will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Governing Law:M
This Agreement is governed by, and construed in accordance with, the laws of the State of Colorado without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Colorado for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Tabacco Media Site. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Severability:
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

Miscellaneous: AA failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.

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Tabacco Media Privacy Policy:
Tabacco Media provides an online application that helps people share video opinions and debate topics while connecting with other fans in a powerful social networks. To accomplish this, registered users of the Tabacco Media software and/or website ("Users") may create shared information. Users may also send email invitation requests to other Users. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. Please consult the Site regularly for any changes. For the purposes of this Privacy Policy, each such other User is a "Friend" and is defined as someone you have sent a request to or explicitly invited to share information with you. To fulfill the purpose of our website, we need to display a limited amount of personal information so that Users are able to evaluate the videos and comments given, and the possible reviews, ratings, or opinions expressed therein.

Information We Collect:
By using the Tabacco Media software and/or website you explicitly agree to permit the collection and use of your personal information by Tabacco Media as outlined below in this Privacy Policy. Tabacco Media collects User submitted account information such as name and email address to identify you and send you notifications related to your use of the Tabacco Media software. Tabacco Media also collects User submitted location information such as city, state or zip code, and User submitted headlines, videos, comments and ratings. All such User submitted data is collected and stored at Tabacco Media's or its agent's facilities for possible aggregation, sale and/or provision to third parties. If such aggregated data is sold, no personally identifying information about any User, such as name or email, will be supplied to the third party. Additionally, some information we collect is not explicitly submitted by the User. For instance, we log your browser-type related information, IP address, requested and referring URLs and timestamp. This information helps us diagnose problems with our servers, administer support, and otherwise provide the highest possible level of service to you.

Links To Other Sites:
Tabacco Media may contain links to other websites either generated by Users or by the site's Administrators. We may also use third-party advertising companies to serve or track advertisements on our Site and other websites. These companies may use information about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party. Tabacco Media does not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy addresses the use and disclosure of information that we collect from you through this Site. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. Tabacco Media encourages you to read the privacy policies or statements of the other websites you visit.

How We Use Your Information:
Information such as your username, age and city may be shown to your Friends or other Users primarily in conjunction with information you have contributed to build your user profile which is designated public to be viewed by other Users and visitors to the site. Your username and email address may be used when you send an email notification to another User or person, such as an invitation, when sharing a video, or when forwarding a request. Tabacco Media may also use your email address to send you updates or news regarding our site and your account.

Transfer of Information:
Other than as specified in this Privacy Policy, we do not sell, rent, share, trade or give away any of your personal information unless we believe we are required to do so by law or have a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Use, including investigation of potential violations thereof, (a) detect, prevent, or otherwise address fraud, security or technical issues, (b) respond to user support requests, or (c) protect the rights or property of Tabacco Media, its Users or the public. User's personal information collected by Tabacco Media may be stored and processed in the United States or in any other country in which Tabacco Media or its agents maintain facilities. By using Tabacco Media's software and/or website, you consent to any such transfer of information outside of your country. Tabacco Media reserves the right to transfer your personal information in the event of a transfer of ownership of Tabacco Media, such as an acquisition by or merger with another company. In such an event, Tabacco Media will notify you before information is transferred and becomes subject to a different privacy policy. Like most websites, Tabacco Media requires cookies to function properly. Cookies are small data files that are sent to and reside on a User's computer and identify you as a unique User. This identification helps us better understand our user base, refine our software and website and simplify our User's experiences. We believe our cookies improve the quality of our services, however, you can reset your browser so that it refuses all cookies, or notifies you when a cookie is being sent.

Controlling Your Personal Information:
As a Tabacco Media User, you can modify your personal information at any time by accessing the "My Account" section of the website. You can terminate your account at any time by emailing admin@ubatv.com. We typically deactivate accounts within five (5) business days of such requests. You should be aware, however, that residual copies of your personal information may remain stored on our systems even after the deletion of the information or the termination of your account.

Providing additional personal information including preferences and any other information about you in a public manner as associated with your user profile, in or associated with videos or digital media clips, is voluntary and should correlate with the degree of interaction you want to have with others. Your videos or digital media clips may be included on the websites of Tabacco Media's affiliates, distribution partners or third-party service providers as described further in our Terms of Use. If you do not want your videos or digital media clips shared with such entities please do not become a registered User of Tabacco Media.

Phishing:
Tabacco Media does not and will not, at any time, request your credit card information, your username, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Security:
Your Tabacco Media account is password-protected. We take reasonable precautions to protect our Users' information, use industry standard measures to protect information that is stored within our database and limit the access to your information to those employees who need access to perform their job function.

Our Policy Toward Children:
This Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at admin@ubatv.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Emails and Opt-out:
Registered users cannot currently opt-out of peer-initiated email. The only Tabacco Media email sent to Unregistered Users is peer-initiated.

Contacting Our Web Site:
If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, please contact us at:
admin@ubatv.com