Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the sosstube.com website (“Website”), “sosstube.com” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and SOSS TUBE (doing business as “SOSS Network, LLC”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and SOSS Network, LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Accounts and Membership
You must be at least 13 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Please be aware that there may be certain adult or mature content available on the Services. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Services may not be available to children under 18 under any circumstances.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third Party Services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against SOSS Network, LLC with respect to such other services. SOSS Network, LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting SOSS Network, LLC to disclose your data as necessary to facilitate the use or enablement of such other service.
We offer a Service uptime guarantee of 99% of available time per month. If we fail to maintain this service uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit off your Service fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links To Other Resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, SOSS Network, LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by SOSS Network, LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with SOSS Network, LLC. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of SOSS Network, LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of SOSS Network, LLC or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will SOSS Network, LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of SOSS Network, LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to SOSS Network, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold SOSS Network, LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Missouri, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Missouri, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on July 4, 2022
End User License Agreement
The herein contained End User License Agreement (the "Agreement" or "License" or "EULA") shall be considered a legally
binding agreement between you (an individual or an entity, hereinafter "Licensee" or "You" or "Your") and SOSS Network,
LLC for the use of the specified software: SOSS TUBE, which may include related printed material, media and any other
components and/or software modules, including but not limited to required drivers (the "Product"). Other aspects of the
Product may also include, but are not limited to, software updates and any upgrades necessary that SOSS Network, LLC may
supply to You or make available to You, or that You obtain after the initial copy of the Product, and as such that said items are
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT,
YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS
TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE
THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY
LAWS. THIS PRODUCT IS LICENSED AND NOT SOLD.
1. DEFINITIONS AND INTERPRETATIONS
1.01 "Agreement" or "License" or "EULA" shall mean this End User License Agreement.
1.02 "Licensee" or "You" or "Your" shall mean You, the individual or business entity licensing the Product under of the
terms of this Agreement.
1.03 "Intellectual Property" means current and future worldwide rights under patent law, copyright law, trade secret law,
trademark law, moral rights law, and other similar rights.
1.04 "Update" means maintenance of, or a fix to, a version of Product, including, but not limited to: a hot fix, patch, or
enhancement, none of which function as a standalone service or other software package and which do not have an
additional cost for any existing Licensee.
1.05 "Upgrade" means a major, standalone version of Product, which may include additional applications, features, or
1.06 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal
personality) and that person's legal and personal representatives, successors and permitted assigns.
1.07 Words in the singular shall include the plural and vice versa.
1.08 A reference to one gender shall include a reference to the other genders.
1.09 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to
time, taking account of any amendment or reenactment and includes any statute, statutory provision or subordinate
legislation which it amends or re-enacts; provided that, as between the Parties, no such amendment or re-enactment
shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation,
liability or restriction on, or otherwise adversely affect the rights of, any Party.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that
thing to be done.
1.12 Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed
as illustrative and shall not limit the sense of the words preceding those terms.
1.13 References to articles, sections, or clauses are to the articles, sections, and clauses of this Agreement.
1.14 "We", "us", and "our", means SOSS Network, LLC.
2. LICENSE GRANT. SOSS Network, LLC shall grant to You a non-exclusive license for the use and installation of the
Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all
software Updates and Upgrades provided by SOSS Network, LLC that would replace, overwrite and/or supplement the
original installed version of the Product, unless those other Updates and Upgrades are covered under a separate
license, in which case the terms of that license will govern.
3. TERMINATION. Should You breach this EULA, Your right to the use of the Product will immediately terminate and
shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License
grant, shall survive termination and will remain in effect. Upon termination of the License grant, You destroy any
and all copies of the Product.
4. INTELLECTUAL PROPERTY
4.01 PROTECTED PRODUCT. The Product is protected by copyright and other Intellectual Property laws and treaties, and
as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images,
video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is
protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other
copyrighted material, with the exception that it is allowable for You to make copies as provided by the License.
However, printed material, which may accompany any offered content, may not be copied.
4.02 NO GRANT OF RIGHTS. Except as expressly stated herein, this Agreement does not grant either Party any rights to
the other's content or any of the other's Intellectual Property. Specifically, SOSS Network, LLC owns all Intellectual
Property rights in Product.
4.03 RIGHT OF PUBLICITY. You agree, with respect to publicity that: (a) SOSS Network, LLC may include Licensee or its
brand in a list of Licensees, online, or in promotional materials; and (b) SOSS Network, LLC may verbally reference
Licensee as a licensee of Product.
5. RESTRICTIONS ON USE. As a Licensee, You may not: (a) Make use of the offered content on more than one
computer at a time, without prior purchase of additional licenses; (b) You may not share, distribute, lend, lease,
sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (c) Modify,
adapt, create derivative works from or translate any part of the offered content other than what may be used within
Your work in accordance with this License; (d) Reverse engineer, decompile or disassemble the offered content, nor
attempt to locate or obtain its source code; (e) Attempt to alter or remove any trademark, copyright or other proprietary
notice contained within the offered content; or (f) Make use of any offered content in any manner not stipulated within
this EULA or the documentation accompanying the offered content.
6. UPDATES/UPGRADES. SOSS Network, LLC may find the need to make available Updates or Upgrades for the
Product, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of
SOSS Network, LLC to make conditional releases of said Updates or Upgrades to You upon Your acceptance of
another EULA or execution of another separate agreement. Should You elect to install and make use of these updates,
You are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other
7. DISCLAIMER OF WARRANTY. SOSS Network, LLC shall use reasonable efforts consistent with prevailing industry
standards to maintain Product in a manner which minimizes errors and interruptions.
HOWEVER, SOSS Network, LLC DOES NOT WARRANT THAT PRODUCT WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR
HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER,
DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTY
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
NEITHER SOSS Network, LLC NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF
SOSS Network, LLC MAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT OR
INFORMATION MADE ACCESSIBLE BY OR THROUGH PRODUCT.
8. LIMITATION OF LIABILITY AND REMEDIES. In spite of any damages that You may or may not incur for any reason,
which may include, but are not limited to, any and all direct or general damages, the entire liability of SOSS Network,
LLC and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along
with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by
You for this Product . The aforementioned limitations, exclusions and any disclaimers shall apply to the maximum
extent allowable by law, even should any proposed remedy fail its essential purpose.
9. EXPORT CONTROLS. By installing the Product, You hereby agree that You will comply with any and all applicable
export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and
any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to
export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or
regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade
embargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or the
Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration
Regulations (or any successor supplement or regulations)."
10. U.S. GOVERNMENT END USERS. The offered content is licensed by the U.S. Government with RESTRICTED
RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in
accordance with DFARS 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19
of the Commercial Computer Software clause, as applicable.
11.01 SUCCESSORS AND ASSIGNS. This EULA, in its entirety, shall be legally binding upon and inure to the benefit of
SOSS Network, LLC and You, our respective successors and permitted assigns.
11.02 SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall not be affected.
11.03 WAIVER. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not
be deemed as a future waiver of said terms or a waiver of any other provision of this EULA.
11.04 AMENDMENTS. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be
effective when done so in writing and signed off by SOSS Network, LLC and You.
11.05 GOVERNING LAW. This EULA shall be governed solely by the laws of the State of Missouri and of the United States.
Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate
federal or state court in Kansas City, Missouri, and as such, You and SOSS Network, LLC irrevocably consent to the
jurisdiction of said court and venue for Kansas City, Missouri.
11.06 ASSIGNMENTS. You may not assign or transfer any part of this Licensee without the written consent of SOSS
Network, LLC, except that, if a change of control occurs (including a sale or merger), the Party experiencing the
change of control may ensure this License remains in full force and effect by providing written notice to the other Party
within thirty (30) days after the change of control.
11.07 VALID AND BINDING . This Agreement constitutes a valid and legally binding obligation of the Parties, enforceable
against the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency,
fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors' rights generally and
general equitable principles.
11.08 EFFECT OF TITLE AND HEADINGS. The title of the Agreement and the headings of Sections, and Clauses are
included for convenience and shall not affect the meaning of the Agreement or the Section.
11.09 FORCE MAJEURE. Except for payment obligations, if either Party is prevented from performing or is unable to
perform any of its obligations under this License due to causes beyond the reasonable control of the Party invoking this
provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars,
strikes or labor disputes (each, a "Force Majeure Event"), such Party's performance shall be excused and the time for
performance shall be extended accordingly provided that the Party immediately takes all reasonably necessary steps
to resume full performance.
11.10 CONTACT INFORMATION