Terms Of Use

Date of Last Revision: februari 21, 2011.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement”) governs our relationship with users and others who interact with TubeFolio. By using or accessing TubeFolio, you agree to this Statement.

  1. Privacy

    2. Your privacy is very important to us. Please be aware of the information you share and the according privacy settings

    1. No Personal details will be shared or sold to third parties
    2. Keep your personal information safe and properly set the Privacy Settings in your profile
  2. Sharing Your Videos

    3. There are a number of restrictions for sharing videos on TubeFolio concerning your relation to the shared video. Sharing a video is solely allowed when your involvement to the specific video can be regarded as one or more of the following manners as listed below. And may not in any form violate intellectual propery rights.

    1. Allowed Video Content
      1. Video Owner: You are the legal owner of the video
      2. Video Subject: You are the filmed subject in the video
      3. Video Maker: You are the maker of the video
    2. Three types of video sharing:
      1. Sharing Public, your videos are visible to all TubeFolio users
      2. Sharing Friends, your videos are only visible to your TubeFolio friends
      3. Sharing Private, your videos are only visible to yourself on TubeFolio
    3. When you delete your videos, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    4. When you publish content or information using the “everyone” setting, it means that you are allowing everyone, including people off of TubeFolio, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  3. Safety

    4. We do our best to keep TubeFolio safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on TubeFolio.
    2. You will not collect users’ content or information, or otherwise access TubeFolio, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TubeFolio.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on TubeFolio without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
    9. You will not use TubeFolio to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working of TubeFolio, such as a denial of service attack.
    11. You will not facilitate or encourage any violations of this Statement.
  4. Registration and Account Security

    5. TubeFolio users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on TubeFolio, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    5. You will not use TubeFolio if you are under 13.
    6. You will not use TubeFolio if you are a convicted sex offender.
    7. You will keep your contact information accurate and up-to-date.
    8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
    10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
  5. Protecting Other People’s Rights

    6. We respect other people’s rights, and expect you to do the same.

    1. You will not post content or take any action on TubeFolio that infringes or violates someone else’s rights or otherwise violates the law.
    2. We can remove any content or information you post on TubeFolio if we believe that it violates this Statement.
    3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
    4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or any confusingly similar marks, without our written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not TubeFolio) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    8. You will not post anyone’s identification documents or sensitive financial information on TubeFolio.
    9. You will not tag users or send email invitations to non-users without their consent.
    10. About Advertisements and Other Commercial Content Served or Enhanced by TubeFolio
  6. Advertising

    7. Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

    1. We do not give your content or information to advertisers without your consent.
    2. You understand that we may not always identify paid services and communications as such.
  7. Amendments
    1. We can change this Statement if we provide you notice (by posting the change on the TubeFolio Site) and an opportunity to comment.
    2. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
    3. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
  8. Termination

    9. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of TubeFolio to you. We will notify you by email or at the next time you attempt to access your account.

  9. Disputes
    1. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or TubeFolio exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on TubeFolio, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP TUBEFOLIO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TUBEFOLIO “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TUBEFOLIO WILL BE SAFE OR SECURE. TUBEFOLIO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TUBEFOLIO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TUBEFOLIO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TUBEFOLIO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    4. We always appreciate your feedback or other suggestions about TubeFolio, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  10. Definitions
    1. By “TubeFolio” we mean the features and services we make available, including through (a) our website at www.tubefolio.com.
    2. By “information” we mean facts and other information about you, including actions you take.
    3. By “content” we mean anything you post on TubeFolio that would not be included in the definition of “information.”
    4. By “data” we mean content and information that third parties can retrieve from TubeFolio or provide to TubeFolio through Platform.
    5. By “post” we mean post on TubeFolio or otherwise make available to us.
    6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    7. By “active registered user” we mean a user who has logged into TubeFolio at least once in the previous 30 days.
  11. Other
    1. This Statement makes up the entire agreement between the parties regarding TubeFolio, and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Statement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.
    9. You will comply with all applicable laws when using or accessing TubeFolio.