Tubonge

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the Tubonge.com Principles, and governs our relationship with users of the Tubonge.com site. By using or accessing Tubonge.com, you agree to this Statement.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Tubonge.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on Tubonge.com and you can control how it is shared through your account settings and settings when information posting is made. You should understand that information, depending on your posting settings, is shared and can be viewed by others. When you publish content or information using the "public" setting, it means that you are allowing everyone, including people off of Tubonge.com, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions about Tubonge.com, but you understand that we may use those suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

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

• You will not send or otherwise post unauthorized commercial communications (such as spam) on Tubonge.com. 
• You will not collect users' content or information, or otherwise access Tubonge.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Viewcaster.net.
• You will not upload viruses or other malicious code. 
• You will not solicit login information or access an account belonging to someone else. 
• You will not bully, intimidate, or harass any user. 
• You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• You will not post any content advocating pedophilia, or that could be considered child exploitation in any way, shape, or form.
• You will not develop or operate a third-party application containing alcohol or drug related or other mature content (including advertisements) without appropriate age-based restrictions. 
• You will not post information on Tubonge.com pages, blogs or any other area of the Tubonge.com website that promotes the sale of prescription drugs, illegal drugs, or illegal drug paraphernalia.
• You will not offer any contest, giveaway, or sweepstakes ("promotion") on Tubonge.com without our prior written consent. If we consent, you take full responsibility for the promotion and assume any and all liability associated with promotion.
• You will not use Tubonge.com to do anything unlawful, misleading, malicious, or discriminatory. 
• You will not do anything that could disable, overburden, or impair the proper working of Tubonge.com, such as a denial of service attack. 

Tubonge.com users may 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:

• You will not provide any false personal information on Tubonge.com, or create an account for anyone other than yourself without permission. 
• You will not create more than one personal profile. If we delete your account, you will not create another one without our permission. 
• You will not use Tubonge.com if you are under 13. 
• You will not use Tubonge.com if you are a convicted sex offender.
• You will keep your contact information accurate and up-to-date. 
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 
• You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 
• 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). 

We reserve the right to suspend or cancel any account that violates these guidelines intended to protect the safety of all of our users.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same. You will not post content or take any action on Tubonge.com that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Tubonge.com if we believe that it violates this Statement. 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. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks (including Tubonge.com, the Tubonge.com and VC Logos), or any confusingly similar marks, without our written permission. If you collect information from users, you will: obtain their consent, make it clear you (and not Tubonge.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents, sensitive financial information, or any other information that person deems private on Tubonge.com. You will not tag users or send email invitations to non-users without their consent.

About Advertisements on Tubonge.com

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:

• We do not give your content or any information about you to advertisers without your consent. 
• You understand that we may not always identify paid services and communications as such. 

Termination

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 Tubonge.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate. Disputes You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Tubonge.com exclusively in Kenya. The laws of Kenya 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 Kenya for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on Tubonge.com, 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.

WE TRY TO KEEP TUBONGE.COMUP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TUBONGE.COM"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 TUBONGE.COMWILL BE SAFE OR SECURE. TUBONGE.COMIS 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 VIEWCASTER.NET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, TUBONGE.COM’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside Kenya

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside tKenya:

• You consent to having your personal data transferred to and processed in Kenya. 

Definitions

By " Tubonge.com " we mean the features and services we make available, including through (a) our website at www.Tubonge.com and any other Tubonge.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed. By "us," "we" and "our" we mean Tubonge.com. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Tubonge.com or provide data to us. By "information" we mean facts and other information about you, including actions you take. By "content" we mean anything you post on Tubonge.com that would not be included in the definition of "information." By "data" we mean content and information that third parties can retrieve from Tubonge.com or provide to Tubonge.com through Platform. By "post" we mean post on Tubonge.com or otherwise make available to us (such as by using an application). By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By "active registered user" we mean a user who has logged into Tubonge.com at least once in the previous 30 days. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.

Other

This Statement makes up the entire agreement between the parties regarding Viewcaster.net, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 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. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights.