Terms of Service

I. GENERAL  

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Welcome to SabioTV (the “Platform”), which is provided by Sabio Holdings, Inc. (“SabioTV,” “we,” or “us”).  

You are reading the terms of service (“Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.  

The Terms form a legally binding agreement (“Agreement”) between you and us. Please take the time to read them carefully. ‍

Accepting the Terms  

By accessing or using our Services, you confirm that you can form a binding contract with SabioTV, that  you accept these Terms and that you agree to comply with them. Your access to and use of our Services  is also subject to our Privacy Policy. By using the Services, you consent to the terms of the Privacy Policy.  

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized  representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by  others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will  treat your access or use of the Services as acceptance of the Terms from that point onwards.

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‍II. USE  OF THE SERVICE 

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You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized by us, you agree not to:  

• access or use the Services if you are younger than 13 years old or the age of majority in your province, territory or country and/or not fully able and legally competent to agree to these Terms;  
• make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any  source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; 
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;  
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to  prevent or restrict access to the Services;  
• cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views or otherwise manipulate metrics in any manner;  
• incorporate the Services or any portion thereof into any other program or product;
• use automated means to collect information from or otherwise interact with the Services; and,
• infringe on any intellectual property rights. 

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason.  

III. WARRANTIES AND LIABILITIES  

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Warranty Disclaimer  

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND SABIOTV DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES  ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT  PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.  

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO  SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR  BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.  

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Limitation of Liability  

EXCEPT AS REQUIRED BY APPLICABLE LAW, SABIOTV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR  CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:  

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; 
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; 
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; 
• ANY INTERRUPTION OR CESSATION OF THE SERVICE;  
• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;  
• ANY CONTENT WHETHER SUBMITTED BY A USER OR YOUTUBE, INCLUDING YOUR USE OF  CONTENT; AND/OR  
• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.  

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.  

Indemnity  

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SabioTV, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violaMon of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and  indemnification obligation will survive this Agreement and your use of the Service.

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Class Action Waiver  

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SABIOTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and SabioTV agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  

Third-Party Links  

The Service may contain links to third-party websites and online services that are not owned or controlled by SabioTV. SabioTV has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.  

IV. OTHER LEGAL TERMS  

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Governing Law  

All claims arising out of or relating to these Terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA. You and YouTube consent to personal jurisdiction in those courts. 

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Survival  

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 

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‍Severance  

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.  

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Changes to Terms of Use  

SabioTV may, from time to time, change these Terms. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. 

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