Legal



Disclaimer

General

The service and content from or through this site are provided "as-is", "as available" and all warranties, expressed or implied, are disclaimed (including but not limited to the disclaimer) of any implied warranties of merchantability and fitness for a particular purpose. The information herein may contain bugs, errors, problems or other limitations. Portfolio Holdings and it's subsidiaries assumes no liability or responsibility for any errors or omissions in the content contained on this site. This web site does not constitute an offer or contract.


Hyperlinks

This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites and no information in such site has been endorsed or approved by Portfolio Holdings and it's subsidiaries.


Video

This site contains or will contain a public user submitted video section. Portfolio Holdings and it's subsidiaries are not responsible for inappropriate material that may sometimes be posted by the public. TubePopper makes an effort to delete all such material but due to the volume and nature of the system we can not guarantee such material will not be visible. TubePopper can further not guarantee that the videos it may itself produce and stream publicly will be deemed appropriate by all viewers and therefore recommends parental guidance to minors when using the website.
TUBEPOPPER SHALL IN NO EVENT BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.


Terms of Use

Welcome to www.tubepopper.com (the "Site"), which is operated by Portfolio Holdings Inc. ("TubePopper"). The Site and any services provided by TubePopper on or in connection with the Site (the "Services") are provided to you individually or, if you are subscribing to the Site on behalf of an organization, the entity on whose behalf you act ("You") subject to the following terms and conditions (the "Terms of Service"). By using or subscribing to the Site or the Services, You agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, do not use the Site or the Services.

1. Changes to these Terms of Service

TubePopper reserves the right to make changes to these Terms of Service by advising You of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms of Service on the Site. The changes are effective on the earlier of (i) TubePopper providing You with notice of such changes, or (ii) 14 days after the amended Terms of Service are posted on the Site. If You do not agree to the amended Terms of Service, do not use the Site or the Services after the effective date of the amendment.

2. Privacy Policy

TubePopper collects, uses, and discloses Your personal information in accordance with our Privacy Policy, which is available at http://www.TubePopper/site/legal#privacy_policy. By providing information to TubePopper, You consent to the use of such information in accordance with the Privacy Policy.

3. Children

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to understand, enter into, and comply with these Terms of Service. You also affirm that you are over 13 years of age. If you are under 13 years of age, you may not use the Site or the Services.

4. Use of the Site

Effective upon TubePopper's acceptance of your request to become a registered user of the Site and provided that You continue to comply with these Terms of Service, TubePopper grants to You a personal, non-assignable, license to log into and access the Site and to place content on the Site ("Your Content"). Some of the services offered by TubePopper are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when You subscribe to such services.

5. Your Content

You are responsible for ensuring that you have the right to provide Your Content to TubePopper for hosting, transmission, and publication in connection with the Site and the Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, you agree to hold harmless and indemnify TubePopper for any liability arising from Your Content. Unless otherwise stated for specific Services or specific portions of the Site, You will retain ownership and all related rights in any original information or other content that you publish on the Site or through the Services. By submitting Your Content to TubePopper, you grant to TubePopper and its licensees a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Site and TubePopper's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels and through any third parties to whom TubePopper sublicenses any such rights. You also hereby grant each user of the Site a non-exclusive license to access Your Content and to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content as permitted through the functionality of the Site.

6. Termination of Access

If You use the Site in any manner that is prohibited by these Terms of Service, TubePopper may without notice terminate or suspend Your use of or access to the Site or the Services.

7. Changes to the Site

TubePopper reserves the right to change any aspect of the Site or the Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.

8. Prohibited Use of the Site

The Site is provided to You for your personal use. You may not use the Site to engage in any unlawful activity or to infringe the rights of any person. You further agree that You will not and You will not allow Your employees or agents to: (i) interfere with the operation of the Site or the Services, in any way or interfere with anyone's use or enjoyment of the Site or the Services, or use the Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business; (iii) transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the Site; (v) post any content that may be considered threatening, abusive, or obscene; (vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given TubePopper written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by TubePopper or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or (viii) disclose Your password or otherwise grant access to the Site to any third party, other than Your authorized agent, without the prior written consent of TubePopper. You agree to abide by all additional rules, policies, and restrictions of which You are provided with notice that apply to any portion of the Site or the Services.

9. Operation and Maintenance of the Site

TubePopper operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where TubePopper has advance knowledge of any interruption to the Site's services, TubePopper will make reasonable efforts to provide advance notice to You of any such interruption.

10. Monitoring Use of the Site

TubePopper may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by TubePopper in accordance with the Privacy Policy of the Site.

11. Intellectual Property of Tubepopper

The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to TubePopper. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of TubePopper is expressly prohibited.

© Copyright 2007 Portfolio Holdings Inc. All rights reserved.

"TubePopper" is registered or unregistered trade-marks of TubePopper or its affiliates or associates in Canada or other countries. Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

12. Claims of Infringement

TubePopper respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions on how to contact TubePopper to report possible copyright infringement. For directions and more information, read the Intellectual Property Policy which is available at http://www.tubepopper.com/site/legal#intellectual_property_policy.

13. Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. TubePopper is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not TubePopper, are responsible for compliance with all laws applicable in any such transaction or communication.

14. No Warranties and No Liability

You acknowledge and agree that the Site and the Services are provided to You on a "as is", "without any warranties" and "without any liability" basis. The parties to these Terms of Service acknowledge and agree that this limitation on liability is reasonable in the circumstances.

TubePopper does not guarantee the quality, accuracy, completeness, or timeliness of the Site or the Services or the information provided in connection therewith, which may contain errors. You should not assume that Your use of the Site or the Services will be error free or that the Site will operate without interruption.

TubePopper disclaims And EXCLUDES To the Maximum Extent Permitted by Applicable Law all warranties, representations, and conditions regarding use of the Site or the Services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice.

TubePopper is not responsible for any indirect, special, incidental, consequential, or PUNITIVE damages whatsoever arising out of or in connection with the use Or Misuse of the Site or the Services or in reliance on the Information available on the Site, including WITHOUT LIMITATION any business interruption, loss of use, lost data, lost profits, FaILURE to REALIZE EXPECTED SAVINGS, or any pecuniary loss, whether in an action of contract, Civil liability, negligence, or other tortious action, even if TubePopper has been informed of the possibility OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

15. Limit on Damages and Claims

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF TUBEPOPPER'S LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE, CDN$5,000.

ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Indemnity

You hereby agree to hold harmless and indemnify TubePopper and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of Your misuse of the Site, Your violation of these Terms of Service, or Your infringement of any intellectual property or other right of TubePopper or any other person or entity, including such activities that are carried out by any individual using Your login or password information.

17. Jurisdiction

Any dispute relating to the Site or the Services shall be governed by British Columbia and Canadian law and shall be adjudicated by the courts of British Columbia, Canada. Nothing in these Terms of Service shall prevent TubePopper from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over You or otherwise over such subject matter. TubePopper makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If you choose to access the Site from such a location, you do so on your own initiative and you are responsible for compliance with local laws.

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Privacy Policy

This Privacy Policy sets out the privacy policies and practices for Portfolio Holdings Inc. ("TubePopper") with respect to the collection, use, and disclosure of personal information in connection with www.TubePopper (the "Site"). This Privacy Policy may be updated by TubePopper giving reasonable notice of the revised terms (including by e-mail or by posting on the Site), and this Privacy Policy may be supplemented or modified by agreements entered into between TubePopper and an individual from time to time.

In this Privacy Policy, "personal information" means any information about an identifiable individual, as further defined under applicable Canadian laws.

Collection and Use of Personal Information

TubePopper collects personal information from you when you subscribe for services or products, and may from time to time collect additional personal information in the course of providing such products and services. TubePopper uses such personal information as is reasonably required to process your registration for the Site and to provide services and products to you.

Contact information that you provide to TubePopper may be used to contact you in connection with the Site. For example, depending on which services you have subscribed to and which privacy preferences you have indicated to TubePopper, we may use your contact information to provide periodic newsletters or to provide notices regarding changes to the Site or regarding new services or products.

This Site allows you to publish personal information about yourself and others, including videos and photos. By publishing your personal information on such pages, you consent to the publication of such personal information. By publishing personal information about another individual, you represent that you have, where required by applicable privacy laws, obtained the consent of such individuals to publish such information.

TubePopper collects demographic and profile data in connection with the Site and uses such data to tailor each visitor's experience at the Site, showing the user content in which TubePopper thinks you might be interested, and displaying the content according to your preferences.

TubePopper may use customer information for additional purposes that may be identified at or before the time that the information is collected.

Disclosure of Personal Information

TubePopper may disclose personal information as follows:

  • to third party service providers and to affiliated entities in order to carry out work on behalf of TubePopper,
  • to law enforcement agencies for the purposes of investigating fraud or other offences,
  • to legal, financial, insurance, and other advisors or in connection with the sale, reorganization, or management of all or part of its business or operations, and
  • as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected.

TubePopper will not use or disclose personal information for purposes other than those for which it was collected, except with your consent or as required or permitted by law.

Cookies and IP Addresses

TubePopper uses your IP address to help identify you and your subscription, gather broad demographic information about our users, diagnose problems with our systems, and administer the Site. The Site is entitled to use cookies to deliver content specific to your interests, according to your preferences, and to save your password so that you are not required to re-enter it while you use the Site.

Links

The Site contains links to other websites. TubePopper is not responsible for the privacy practices or the content of such websites. Please ensure you review the privacy policies of the websites that you visit.

Security

TubePopper protects against the loss, misuse, and alteration of personal information with security measures appropriate to the sensitivity of the information. However, it is possible that any information transmitted via the Internet may be intercepted by unknown third parties.

Opt-Out

When appropriate, users of the Site are given the opportunity to (i) opt-out of receiving communications from us, (ii) remove their personal information from our records, or (iii) elect to no longer receive services from us. If you wish to opt-out of receiving further communications, please contact TubePopper's privacy officer (the "Privacy Officer") by email or phone using the contact information provided below.

Corrections/Contact

You may contact the Privacy Officer to modify or correct any of their personal information that is under our control. You may also direct a written complaint regarding compliance with this Privacy Policy to the Privacy Officer and, within a reasonable time upon receiving the written complaint, the Privacy Officer will conduct an investigation into the matter. Within a reasonable time of concluding the investigation, the Privacy Officer will inform you whether the complaint will be allowed or denied. If the Privacy Officer allows the complaint, TubePopper will take appropriate measure necessary to rectify the source of the complaint.

Contact Us

If you have any questions about this Privacy Policy, TubePopper's privacy practices in connection with this Site, or TubePopper's collection, use, disclosure, or retention of your personal information in connection with this Site, please contact the Privacy Officer as follows:

Email: privacy@tubepopper.com

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Intellectual Property Policy

Infringement Warning

TubePopper respects the intellectual property of others, and we expect all users of the TubePopper website (the "Site") to do the same. Allegedly infringing materials on the site may be removed or suspended at any time in accordance with the Terms of Use. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that user's access to and use of the Site.

Notification of Infringement

If you believe that any of your work has been copied or published or has otherwise been used in connection with the Site in a way that constitutes copyright infringement or is otherwise an infringement of your intellectual property rights, please provide TubePopper's designated agent for notice of claims of copyright or other intellectual property infringement (the "Copyright Agent") with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the web site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TubePopper's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Portfolio Holdings Inc.
Attention: Copyright Agent
Email: copyright@tubepopper.com

Counter-Notification

If you elect to send us a counter notification (i.e. in the event we have taken down or disabled access to material that you have contributed to the Site in response to a notice of its infringement), to be effective it must be a written communication provided to our Copyright Agent that includes substantially the following:

1. an electronic or physical signature of the person authorized to act on behalf of the user;

2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. your name, address, and telephone number; and

5. a statement that you consent to the jurisdiction of the Federal Court in the district in which your address is located or, if your address is outside the United States, that you consent to any jurisdiction where TubePopper may be found, and that you will accept service if process originates from the complainant who provided an Infringement Notice or from the agent for such person.

Such Counter-Notification should be sent to TubePopper's Copyright Agent as follows:

Portfolio Holdings Inc.
Attention: Copyright Agent
Email: copyright@tubepopper.com

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