Terms of Use

Terms and Conditions of Use

Your Right To Use This Website And Its Contents

This website, www.tribyoute.com, (the “Site”) is published and maintained by Tribyoute, LLC (“Tribyoute”). When you access, upload to or download from, browse or otherwise use the Site you accept, without limitation or qualification, the terms and conditions set forth in these Terms and Conditions of Use (the “Terms”). If you do not agree to the Terms, do not access, upload to or download from, browse or otherwise use the Site. Any rights not expressly granted herein are reserved.

This Site is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy or download from this Site, including but not limited to any text, images, audio and video, or software for any business, commercial, or public purpose. As long as you comply with the provisions of the Terms, Tribyoute grants you a non-exclusive, non-transferable, limited right to access, browse, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You also agree not to attempt to gain access to or change any private data held by the Site (“hack” the Site).

Service and Product Usage Information

Use of any service ordered from Tribyoute is subject to the Terms. By using any service provided, you agree to the Terms.

For your convenience, Tribyoute may make available on this Site, or in the software provided by Tribyoute, tools and utilities for use and/or download. Tribyoute does not make any assurances with regard to the accuracy of the results or output that derives from such use of any tools and utilities. Please respect the intellectual property rights of others when using tools and utilities made available on this Site, or in the software provided by Tribyoute.

Tribyoute understands that its clients may desire to use old, antique or otherwise valuable photos and other physical material in their video works. Tribyoute has made every attempt to minimize the risk of loss, damage or theft of said materials by providing advice in the Resources section of the Site. Tribyoute specifically recommends local scanning of paper photos either by the client, or in a photo lab with the client watching, and subsequent submission to Tribyoute using its Photo Uploader online software (“Dropbox”). If local scanning and subsequent submission is not possible, Tribyoute recommends physical hand-off from client to a Tribyoute customer service rep (available in Portland Metro area only), or recommends sending in a well-insulated bubble mailer or box through your mail carrier of choice. Please send the package insured for an appropriate value, as we have found that insured packages receive more respect, especially through USPS. Although the risk is low, Tribyoute will not reimburse you or take any legal liability for any photos or other materials sent by you to Tribyoute that are lost, damaged, or stolen.

All photos or other materials sent by you to Tribyoute for use in a video or other creative work or for use in any service purchased will be returned promptly at the same time as your final order. Tribyoute will make every effort to ensure the safety and security of all packages sent to the client, but will not be held liable for any damage or loss caused in transit to the client or while in the possession of the client. If you do receive a damaged shipment (such as cracked DVD cases due to mishandling in the mail), please contact Tribyoute immediately.

Ownership Of Material

Any information, video, audio, image, or other material that is contained in, or made available to download from, this Site is the copyrighted work of Tribyoute, unless otherwise indicated as the copyrighted work of another author, and may not be reproduced, modified, distributed, or displayed publicly, in whole or in part, without the prior advance written consent of Tribyoute. If you download any content or software from this Site, you may not remove any copyright or trademark notices or other notices that accompany it.

After payment for and distribution of any Products (namely, DVD’s), you own only the physical copy of the video work that you purchased, and Tribyoute reserves copyright ownership in such works. Additionally, you grant Tribyoute the right to use the underlying images that make up the video work in promotional or marketing materials, including but not limited to the Site “Gallery”, demo DVD’s, ads, tradeshows, or other events. If you do not agree to have your video work used in Tribyoute’s promotional materials, you must inform Tribyoute, in writing such as email, within 10 days of the final receipt of your product.

Your “ownership” of the physical copy of the video work does not entitle you to copy or reproduce said work. Your ownership rights entitle you to play your purchased video work in the privacy or your own home, in the homes of friends or family, or at a personal event.

The audio used in any video work remains the sole ownership of the original artist. In no way does Tribyoute own or distribute ownership of copyrighted audio works to its clients. Tribyoute attempts to attain synchronization licenses for each of the musical works used in its video works; however, the client is ultimately responsible for attaining the appropriate music license or other legal right to use said music based on the purpose for which the client intends to use the video work. In no way is Tribyoute responsible for the way in which the client ultimately uses his or her video work.

Disclaimer Of Warranties And Damages; Limitation Of Liability

The services and products sold by Tribyoute are warranted only according to the 100% “Hassle Free” Guarantee. Tribyoute hereby disclaims all other warranties and conditions with regard to its services or products, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided “as is.”  Tribyoute makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose or non-infringement of any software or content published on or available through the Site, or (2) that the server that makes the Site available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, download from, browse or otherwise use the Site.

Under no circumstances, including but not limited to Tribyoute negligence, shall Tribyoute be liable for any consequential, direct, incidental, indirect, punitive or special damages related to (a) the use of, (b) the inability to use or (c) errors or omissions in the contents and functions of the Site or the Services and Products made available on the Site, even if Tribyoute or an authorized representative thereof has been advised of the possibility of such damages.

Unsolicited Ideas Submission Policy

Tribyoute or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works to Tribyoute. The sole purpose of this policy is to avoid potential misunderstandings or legal disputes if or when Tribyoute products or marketing strategies might seem similar to ideas submitted by you. Any occurrence is purely coincidental and you retain no legal rights to any said similarities. So, please do not send your unsolicited ideas to Tribyoute. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Tribyoute makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Framing

You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site, particularly with the intent to merchant the Site within a framework of your own website or to attempt to profit from, or represent yourself as the owner or contributor, to any part of the Site.

General

The Terms are governed by the laws of the United States, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction of the courts of the United States in the event of any dispute of any kind arising from or relating to the Site, or your use or review of the Site or the Services and Products made available on or through the Site.

The failure of Tribyoute to enforce any provision or right of the Terms will not constitute a waiver of such provision or right. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be un-enforceable, the remainder of the Terms will continue in full force and effect.

Should Tribyoute find it necessary to pursue legal course of action through any infringement of the Terms or any copyrighted work of Tribyoute, Tribyoute shall be entitled to a reimbursement of all attorney’s fees, court costs, and other directly related fees, by the infringing party.

Feedback

Any feedback you provide at the Site shall be deemed to be non-confidential. Tribyoute is free to use such information on an unrestricted basis.

Contact

If you have any questions regarding the Terms the Site, or Tribyoute’s Services, or Products please email us using the email information provided on this website, or our Contact form.