1. Acceptance of Terms

(A) Welcome to ResponseTube.com. We provide various services subject to the following Terms of Service ("TOS" or "Terms"). We grant you permission to use and access ResponseTube.com, but only as long as you abide by these Terms. We reserve the right to alter these Terms of Service without advance notice by posting revised Terms. Accordingly, you should review these Terms each time you access any of our Web sites to stay informed of any changes to the Terms. If the Terms have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of ResponseTube.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

(B) You affirm that you are either more than 18 years of age, or 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 of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ResponseTube.com is not intended for children under 13. If you are under 13 years of age, then please do not use the ResponseTube.com. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

2. General Terms

(A) ResponseTube.com is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using ResponseTube.com, you represent that you are 13 years of age or older and if you are under the age of 18 you have obtained the consent of your parent or legal guardian to submit content, participate in chat rooms and/or participate in bulletin boards. Individuals under age 18 must have a parent or legal guardian's written permission to submit their material and such permission must accompany the material or it will not be posted.

(B) ResponseTube.com offers certain items and services for sale. We do not offer and do not intend to offer any items for sale to anyone under the age of 18, although we may offer items intended for use by children for purchase by adults18 years of age or older. If you are not 18 years of age or older you are not permitted to buy anything on ResponseTube.com.

(C) These Terms apply to all of our current and future Web sites, unless otherwise provided, including but not limited to, the following sites: www.ResponseTube.com. In addition, when using particular services provided through ResponseTube.com, you shall be subject to any additional posted terms, guidelines or rules applicable to such services. All such terms, guidelines or rules are hereby incorporated by reference into the TOS. The TOS incorporates the terms of ResponseTube.com Online Privacy Policy. Please see our full privacy policy at: http://www.ResponseTube.com.

(D) For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

(E) We shall have the right at any time to change or discontinue any aspect or feature of ResponseTube.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(F) You agree not to distribute in any medium any part of the Web site, including but not limited to materials submitted by other users, without our prior written authorization.

(G) You agree not to alter or modify any part of the Web site.

3. Definitions

"Account" has the definition above.

"ResponseTube.com", and its affiliate Web sites, present and any future sites, including but not limited to: ResponseTube.com and any and all on-line services operated by us on the World Wide Web of the Internet (the "Web"), including any and all information and material provided by ResponseTube.com.

"You" means the user or visitor to ResponseTube.com.

"Privacy Policy" means ResponseTube.com's current Privacy Policy, available at http://www.ResponseTube.com

"Terms of Service" means the current terms of service in effect as set forth herein or elsewhere on ResponseTube.com.

"We," and similar terms means ResponseTube.com and includes all of our subsidiary entities, parent entities, and entities under common control with us (collectively, our "affiliates").

4. Changed Terms

We shall have the right at any time to change or modify the terms and conditions applicable to your use of ResponseTube.com, or any part thereof, including but not limited to the ResponseTube.com Privacy Policy, available at http://www.ResponseTube.com or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ResponseTube.com Web site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of ResponseTube.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access ResponseTube.com, noting the "Last Updated" information at the top of this page.

5. User Submissions

(A) As a ResponseTube.com account holder you may submit video content ("User Videos") and textual content ("User Comments"), and/or other materials in other formats. These submissions are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.

(B) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

(C) Your User Submissions are deemed non-confidential and we have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

(D) You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

(E) You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with ResponseTube.com and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of ResponseTube.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of ResponseTube.com a non-exclusive license to access your User Submissions through ResponseTube.com, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of ResponseTube.com and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from ResponseTube.com. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

(F) Each user is solely responsible for anything contained in his or her User Submissions, including without limitation videos and message board and/or chat sessions. We do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

(G) Web site user submissions to ResponseTube.com do not represent our views or the views of any individual or entity associated with us, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, our or ResponseTube.com's endorsement of user submissions. We do not vouch for the accuracy or credibility of any content submitted by users on our Web sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on ResponseTube.com. Through your use of ResponseTube.com, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using ResponseTube.com, you assume all associated risks.

(H) You agree not to use ResponseTube.com for any commercial use, without our prior written authorization, Prohibited commercial uses include any of the following actions taken without our approval:

• sale of access to the Website or its related services on another website;
• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the ResponseTube.com or any third-party website, targeted to the content of specific materials on ResponseTube.com;
• and any use of ResponseTube.com or its related services that we find, in our sole discretion, to use our resources or submissions by other users with the effect of competing with or displacing the market for ResponseTube.com.

Prohibited commercial uses do not include uploading an original video to ResponseTube.com, or maintaining an original channel on ResponseTube.com, to promote your business or artistic enterprise, or any use that we expressly authorize in writing.

(I) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the servers hosting ResponseTube.com in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from ResponseTube.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from ResponseTube.com, and not to use the communication systems provided by ResponseTube.com (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of ResponseTube.com with respect to their User Submissions.

(J) In your use of the website, you will comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

(K) We reserve the right to discontinue any aspect of the ResponseTube.com site at any time.

6. Monitoring

(A) We shall have the right, but not the obligation, to monitor the content of ResponseTube.com, including chat rooms and forums, to determine compliance with these Terms. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on ResponseTube.com. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. In addition, we will share personally identifiable information with governmental authorities and will respond to civil or criminal subpoenas or court orders when legally required or authorized to do so.

(B) The decision by us to monitor and/or modify the content of ResponseTube.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from use by you of ResponseTube.com or participation in such features of ResponseTube.com as message boards, forums, chats, other interactive content, or fee based content.

7. Disclaimer of Warranty; Limitation of Liability

(A) You expressly agree that use of ResponseTube.com is at your sole risk. Neither we, our affiliates nor any of our respective employees, or agents warrant that ResponseTube.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of ResponseTube.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through ResponseTube.com.

(B) ResponseTube.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or visitors of ResponseTube.com or third parties and that the risk of injury from the foregoing rests entirely with you.

(D) In no event will we, or any person or entity involved in creating, producing or distributing ResponseTube.com, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use ResponseTube.com. You hereby acknowledge that the provisions of this Section 7 shall apply to all content on ResponseTube.com.

(E) In addition to the terms set forth above, neither we, nor our affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within ResponseTube.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature including, but not limited to, lost profits, punitive or consequential damages. Neither we, nor our affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

(F) We make reasonable efforts to protect personally identifiable information about you, as explained in our Online Privacy Policy below, but we disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. This disclaimer may not be legal in all states.

By accessing ResponseTube.com, You acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use ResponseTube.com.

8. Copyrighted Material ResponseTube.com confirms accuracy of statements of statements concerning registrations.

(A) ResponseTube.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ResponseTube.com are copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by us, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of us and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.

(B) We are, from time to time, a distributor (and not a publisher) of content supplied by third parties and users of ResponseTube.com. Accordingly, we have no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of ResponseTube.com, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on ResponseTube.com by anyone other than our own authorized employees acting in their official capacities. Under no circumstances shall we be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through ResponseTube.com.

(C) We may from time to time contract with third parties to provide content that is published on ResponseTube.com. We reserve the right to publish and maintain copyright on any such material except where otherwise individually noted. Unless indicated to the contrary, third parties shall retain responsibility and liability for any material provided to ResponseTube.com for publication.

(D) By uploading, posting or otherwise making available content on ResponseTube.com, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on ResponseTube.com any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ResponseTube.com, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, and store or reproduce the material for that individual's personal use. You hereby grant to us the right to edit, copy, publish and distribute any such material made available on ResponseTube.com by you.

(E) If you believe you have a claim of copyright infringement with respect to material that is posted on ResponseTube.com, you may give us written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below at: ResponseTube.com

(F) We will terminate your access to ResponseTube.com if, under appropriate circumstances, we determine that you are a repeat infringer.

9. Conduct on ResponseTube.com

(A) If you submit any materials to ResponseTube.com or participate in any chat room, bulletin board or any other forum or similar service within or in connection with ResponseTube.com, you agree to abide by the following rules of conduct:

• You agree not to post or transmit through ResponseTube.com any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
• You agree not to post or transmit through ResponseTube.com any material that is grossly offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to post or transmit through ResponseTube.com any material that contains or advocates pornography, pedophilia, incest or bestiality.
• You agree not to post or transmit through ResponseTube.com any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to post or transmit through ResponseTube.com any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to post or transmit through ResponseTube.com any vulgar, obscene, discourteous or indecent language or images;
  You agree not to post or transmit through ResponseTube.com, without our express prior approval, material which contains advertising or any solicitation with respect to products or services, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ResponseTube.com;
• You agree not to post or transmit through ResponseTube.com, any software or other materials which contain a virus or other harmful component;
• You agree not to post or transmit through ResponseTube.com material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
• You agree not to upload, post, or otherwise make available on ResponseTube.com Web sites any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by us, in our sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on our Web sites;
• You agree not to impersonate any person or entity, including, but not limited to, any ResponseTube.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about ResponseTube.com users;
• You agree not to interfere with or disrupt the ResponseTube.com Web sites or servers or networks connected to the Web sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Web sites;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of ResponseTube.com's Web sites, use of the Web sites, or access to the Web sites;
• You agree that if necessary, you have the written consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by ResponseTube.com, and each such person has released you from any liability that may arise in relation to such use; You are not, nor is any other person who appears in your submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society.

(B) Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying ResponseTube.com will not be permitted. We reserve the right to remove or edit messages or material submitted by you. We are not responsible for material submitted to ResponseTube.com or posted in chat rooms, on bulletin boards or on other forums by users of ResponseTube.com.

(C) The foregoing provisions of this Section 9 are for the benefit of us, our subsidiaries, affiliates and our third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

10. Fees and Payments

We reserve the right at any time to charge fees for access to portions of ResponseTube.com or the ResponseTube.com Web sites as a whole. If at any time we require a fee for portions of ResponseTube.com that are now free, we will give users advance notice of such fees and the opportunity to cancel any existing Account before such charges are imposed. All new fees, if any, will be clearly posted on appropriate locations on ResponseTube.com. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through ResponseTube.com by us or by any other vendor or service provider. All fees and charges shall be billed to you and paid by you. You shall pay all applicable taxes relating to use of the ResponseTube.com Web sites through your Account. Your right to use ResponseTube.com is subject to any limits established by us in our sole discretion.

11. Third-Party Links, Sponsors and Frames

(A) ResponseTube.com may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

(B) ResponseTube.com may contain commercial images and/or links to our sponsors or to sponsors of ResponseTube.com. We are not responsible or liable for the content of those images and/or links.

(C) No third party may use framing technologies or functionalities to contain any content provided by us or on or through ResponseTube.com, for purposes either commercial or non-commercial, without express prior and written consent from us.

(D) No third party may provide links to any content within ResponseTube.com without the express prior written consent from us.

12. Termination

You agree that we, in our sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the ResponseTube.com Web sites, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Web sites under any provision of this Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Web sites. The provisions of Sections 5, 6, 9(C), 9(D), 11 and 12 and this Section 10, shall survive termination of these Terms.

13. Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ResponseTube.com by you or your Account by you or any other person using the Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

14. Trademarks

All rights reserved. All trademarks, logos, or service marks for any of the products that appear in the videos that are displayed on this website at ResponseTube.com, and all copyrights to the videos themselves, are the property of their respective owners.

15. Miscellaneous

(A) These Terms of Service and any operating rules for ResponseTube.com established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.

(B) These Terms shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. ResponseTube.com: Confirms that you want California law.

(C) If you access ResponseTube.com from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

(D) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(E) If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.

(F) These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. Force Majeure

Neither we nor you shall be damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.