1. Description of Service. TheSMETube is a free, online application from TheSMESpace (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. TheSMESpace disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. TheSMESpace also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. TheSMESpace reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by TheSMESpace; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. InformSME reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Your Intellectual Property Rights: TheSMETube does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your TheSMETube account. We will not use any of your content for any purpose except to provide you with the Service.

5. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to TheSMETube to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Privacy. As a condition to using the Service, you agree to the terms of the TheSMETube Privacy Policy as it may be updated from time to time. TheSMESpace understands that privacy is important to you. You do, however, agree that TheSMESpace may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the TheSMETube Privacy Policy. Personal information collected by TheSMETube may be stored and processed in the United States or any other country in which parent company Forbidden Studios LLC or its agents maintain facilities. By using TheSMETube, you consent to any such transfer of information outside of your country.

8. Advertisements. As consideration for using the Service, you agree and understand that TheSMETube may display ads and other information adjacent to and related to the content of the informational videos. TheSMETube serves relevant ads using a completely automated process that enables TheSMETube to effectively target dynamically changing content.

9. Account Inactivity. After a period of inactivity, TheSMETube reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party. For more information on how TheSMETube deals with account inactivity, please consult the Program Policies.

10. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice toTheSMETube, however a terminated account may continue to exist for up to ten business days before such cancellation takes effect. TheSMETube may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. TheSMETube will notify you via email of any such termination or cancellation, which shall be effective immediately upon TheSMETube delivery of such notice.

11. Indemnification. You agree to hold harmless and indemnify TheSMESpace, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SMETube will provide you with written notice of such claim, suit or action.

12. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

13. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.