PLEASE READ THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

These terms and conditions apply to ALL visitors and users of the TingEm website.  Any content on any other site linked to from the TingEm Website is beyond the control of TingEm. Neither TingEm nor its employees guarantee the accuracy, completeness or usefulness of the information presented on such a site, which may include views, opinions and recommendations from third-party individuals and organizations.

TingEm does not endorse the views or advocate the purchase or sale of any goods or services.

You have permission to use the TingEm Website so long as your use of TingEm Website is only personal and noncommercial and you will and do comply with these terms and conditions of this site.

You are solely responsible for your own access to or the posting on TingEm Website, information, and other materials. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions of the content,

TingEm Accounts

In order to upload a video on TingEm, you must establish an account.  You must provide accurate and complete information. You are the account holder and are fully and solely responsible for the activity that occurs on your account.  You must keep your account password secure.  You are never to use another persons account  You are to inform TingEm immediately of any breach of security or unauthorized use of your account.

TingEm will not be liable for any losses that stem from your use or any unauthorized use of your account.  However, you may be liable for the losses of TingEm or others due to such unauthorized use.

Use of TingEm Website

TingEm grants you permission to access and use the Website as stated in these Terms of Use, provided that:

You agree not to distribute in any part of the Website.  Including but not limited to other user Submissions

You agree not to alter or modify any part of the Website

You agree not to access User Submissions or TingEm's Content through any technology or means other than the video pages of the Website itself

You agree not to use the Website, including any videos on this site for ANY commercial use, without our prior written authorization. Prohibited commercial use does not include uploading an original video to promote your business or yourself

TingEm permits you to use the  Embeddable Player on your website, you must include a prominent link back to the TingEm website on the pages containing the Embeddable Player.   You may not modify, build upon, or block any portion of the Embeddable Player.

In using the website, you will comply with the terms and conditions of TingEm, and all applicable local, national, and international laws and regulations.

The content on our Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and trademarks, service marks and logos contained therein are owned by TingEm. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  TingEm reserves all rights not expressly granted in and to the Website and the Content.

You may access User Submissions exclusively: for your information and personal use; as intended through the normal functionality of TingEm

Service for streaming

User Comments are made available to you for your information only. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the TingEm Service or otherwise as prohibited under this Agreement.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

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 and conditions, and to abide by and comply with them. You affirm that in all events you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the TingEm Website

You agree not to circumvent, disable or otherwise interfere with security-related features of the TingEm's Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TingEm Website or the Content therein.

You understand that when using the TingEm Website, you will be exposed to User Submissions from a array of sources, and that TingEm is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TingEm with respect thereto, and agree to indemnify and hold TingEm, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

TingEm reserves the right to discontinue any aspect of the our Website at any time.

Submissions & Conduct

As a TingEm account holder you may submit video content and textual content. You understand that whether or not such video Submissions are published, TingEm does not guarantee any confidentiality with respect to any video or text Submissions.

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

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TingEm all of the license rights granted herein.

You agree that you will not submit any nude or ponographic videos on TingEm

Account Termination and Submission Removal

TingEm reserves the right to terminate a User's account and submission at any time.

TingEm reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TingEm may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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;

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;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have 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; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

YOU AGREE THAT YOUR USE OF THE TINGEM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TINGEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TINGEM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TINGEM WEBSITE. TINGEM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TINGEM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TINGEM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL TINGEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TINGEM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TINGEM 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.

Indemnity

You agree to defend, indemnify and hold harmless TingEm, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TingEm Website; (ii) your violation of any term of these Terms of Service; (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 TingEm Website.