Terms of
Service [09/12/08]
youMashTube is a tool which strives to
revolutionize how people search, mix and share online videos. youMashTube
is a project of Colingo Labs, LLC and is not affiliated with youtube
LLC or Google, Inc. youMashTube utilizes the youtube API to allow users
access to the youtube video repository.
1.
youMashTube Agreement
A.
Your Acceptance. By using youMashTube (the “Website”), a service
offered by Colingo Labs, LLC (“Colingo”), you agree to be bound
by (1) these terms and conditions (the “Terms of Service” or “TOS”),
(2) youMashTube’s Privacy Notice, available at http://www.youMashTube.com/
B.
TOS Updates. Please be aware that Colingo will periodically update
these Terms of Service. While we may attempt to notify you when material
changes are made, we suggest that you regularly review http://youMashTube.com/
C. Third-party Rights. Nothing
in this Agreement shall be deemed to confer any third-party rights or
benefits. Additionally, these TOS do not apply to any third-party websites
or software, including external links and/or offsite content. Colingo
assumes no responsibility for the content, privacy policy or services
of third-party websites. We encourage you to read the terms and conditions
and privacy policy of each other website that you visit.
2.
User Accounts and User Profiles
A. Eligibility. In order to access
some of the services that the Website offers, you will have to create
a User Account and User Profile. Use of Colingo services, including
User Accounts and Profiles is void where prohibited. By using the Website,
you represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy
of such information; (c) you are 18 years of age or older; and (d) your
use of the Website does not violate any applicable law or regulation.
Colingo does not knowingly collect or
solicit personal information from or allow children under the age of
13 to register a User Profile. Colingo urges that minors over the age
of 13 ask their parents for permission before using the Website or sharing
personal information with anyone over the internet.
B.
Profile Content. Please be aware that information you provide may
be publicly available. Your User Profile should not include readily
identifiable private information, such as telephone numbers, street
addresses, or last names.
C.
Privacy. Colingo values the Privacy of our Users. By using the Colingo
Website you are agreeing to the terms and conditions of the Colingo
Privacy Policy, incorporated here by reference. For further information
regarding our Privacy Policy, please visit http://youMashTube.com/privacy and http://colingo.org/privacy.
D. Passwords. Colingo User Accounts
are protected by usernames and passwords. You agree to keep your password
secure and not to disclose it to anyone. Use of another User’s username
and password is a violation of these Terms of Service.
E.
Conduct
i. Intellectual Property. youMashTube
allows Users to mix videos and create User creations known as “Mashes”
(the “User Submissions”). Colingo does not control the content
which Users incorporate into User Submissions. As such, you represent
and warrant that: you own or have the necessary licenses, rights, consents,
and permissions to submit content of the User Submission. You further
authorize Colingo to use all patent, trademark, trade secret, copyright
or other proprietary rights contained in all User Submissions to enable
inclusion in the Colingo Website in the manner specified by your Creative
Commons license these Terms of Service.
ii. Inappropriate Content.
Colingo reserves the sole discretion to determine content related violations
of these Terms of Service. You agree that Colingo is not responsible
for the contents or legal consequences of User Submissions.
F. Account
Suspension and Termination Policy. youMashTube is a community for
people to search, mix and share online videos and encourages Users to
contribute. We value our Users and will never arbitrarily remove User
Mashes or Suspend/Terminate a User Account. Colingo will, however, remove
User Submissions or Suspend a User Account in appropriate circumstances,
including, but not limited to violation C.
Conduct (i-ii) above. Additionally, Colingo reserves the sole discretion
to Terminate a User Account for repeated violation of these Terms of
Service.
3. Digital Millennium Copyright Act
(DMCA)
A. DMCA Notice Guidelines.
Colingo is not responsible for User Submissions which infringe third-party
copyrights. However, if you are a copyright owner and believe
that User submitted content infringes upon your copyrights, you may
submit a notice pursuant to the Digital Millennium Copyright Act (DMCA)
(17 U.S.C 512(c)(3)). In order to submit a notice, please provide our
copyright agent with a written communication that includes the following:
(i) A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
(ii) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative
list of such works at that site.
(iii) Identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider
to locate the material.
(iv)
Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
(v) A statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law.
(vi)
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
B.
Contact. Colingo’s designated Copyright Agent to receive notifications
of claimed infringement is:
Colingo Labs, LLC
Attention: DMCA Notice
582 Market Street, Suite 511
San Francisco, CA 94104
email: copyright@colingolabs.com
Only DMCA notices should go to the Copyright
Agent; any other feedback, comments, requests for technical support,
and other communications should be directed to Colingo customer support
through support@colingolabs.com.
4. Warranty Disclaimer. THE CONTENT
OF THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS
OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU FURTHER AGREE
THAT COLINGO IS NOT RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES,
OR SIMILAR AILMENTS, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY.
We explicitly disclaim any responsibility
for the accuracy, content, or availability of information found on sites
that link to or from the Website. We cannot ensure that you will be
satisfied with any products or services that you purchase from a third-party
site that links to or from the Website or third-party content on our
sites. We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy or reliability of, any of the information
contained in such third-party sites or content. We do not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive
any claim against us with respect to such sites and third-party content.
We strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
5. Limitation on Liability. IN
NO EVENT SHALL COLINGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COLINGO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
ACKNOWLEDGE THAT COLINGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
6. Indemnity. You agree to defend,
indemnify and hold harmless the Colingo Labs, LLC, its officers, directors,
employees, agents and partners, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to reasonable attorney's fees) arising from:
(i) your use of and access to the Website, including all services of
Colingo; (ii) your violation of any term of these Terms of Service set
forth above; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of the Website.
7. General.
A. Choice of Law. These Terms
of Service shall be governed by and construed in accordance with the
laws of the state of California, without regard to its conflict of laws
rules.
B.
Venue. All suits permitted to be brought in any court shall be venued
in San Francisco County, State of California.
C. Severability. If any provision
of the Terms of Service is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions, which shall remain in full force
and effect. No waiver of any provision these Terms of Service shall
be deemed a further or continuing waiver of such provision or any other
provision.
D. Attorneys Fees. In the
event of litigation relating to the subject matter of these Terms of
Service, the prevailing party shall be entitled to recover all reasonable
attorney fees and costs resulting therefrom.
E. Assignment.
Neither these Terms of Service, nor any right, interest, duty nor obligation
hereunder may be assigned, transferred or delegated by Client.
F.
Trademarks. The “Colingo” service and software are trademarks
of Colingo Labs, LLC. Unauthorized use is prohibited.
8. Contact.
For questions about this agreement or
any other feedback, comments, requests for technical support please
contact Colingo customer support through support@colingolabs.com.
I HAVE READ THIS AGREEMENT AND AGREE
TO ALL OF THE PROVISIONS CONTAINED ABOVE.