This User Generated Content Legal Terms of Use (the “Terms”) contain the terms which govern and control when you transmit upload, post, e-mail or otherwise make available data, text, software music, sound, photographs, graphics, images, videos, messages or other materials ("User Content'') on or to any websites, microsite or any other internet property owned, operated or sponsored by TooTube. PLEASE READ THESE TERMS CARFEFULLY BEFORE UPLOADING ANY USER CONTENT TO THE SITE. IMPORTANT NOTICE – THIS IS A CONTRACT. In consideration for the permission by TooTube's to post User Content you agree that by accessing or using the Site on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms without limitation or qualification and any other applicable law, whether or not you are a registered TooTube's user. If the Terms change, we will post updated terms on the Site. You can tell if these Terms have changed by checking the "updated" date that appears above. In the case of any substantive change, we will give notice of the changes by posting the amended terms on the Site at least thirty days before the effective date of the change. If you have provided us with your email address, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to these Terms. If you do not agree to the new Terms, you should stop using the Site. Otherwise, the new Terms will take effect after thirty days. GENERAL RULES FOR USER CONTENT Your Responsibility When you transmit upload post, e-mail or otherwise make available User Content on or to the Site (a "Submission"), you are entirely responsible for such User Content. Such User Content constitutes a Submission by you and this means that you and not TooTube's are entirely responsible for all User Content that you post to any Site and that any such access or use is undertaken at the your own risk. Your Representation of Ownership If you share or post a picture, while you do own it, you are agreeing to these Terms. You are responsible to make sure that your Submission is original and not created or owned by another person or entity. You hereby represent and warrant that (i) you own all rights in and to your User Content. (ii) if the User Content is subject to third party proprietary rights. you have all necessary licenses, rights, consents and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your user Content: (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold us, and any person acting on our behalf, harmless from any liability related in any way to the use of your User Content. Your Obligations: Be Appropriate. By posting User Content you agree you will not upload that, in TooTube's sole discretion, is illegal, offensive, libelous, defamatory, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, or will harm or threaten the safety of others. Please be aware that any individual Submission or posting does not necessarily reflect the view of TooTube's. Do Not be Commercial. Do not post or solicit personal information of yours of any third party. The Site is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever. Do not accept payment from a third party in exchange for your performing commercial activity on the Site. Do not post any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Your Grant to TooTube's. You hereby grant to TooTube's, without any compensation, a non-exclusive, irrevocable, worldwide, royalty-free right and license to exhibit and otherwise use (and to authorize third parties to exhibit and otherwise use) the User Content, in perpetuity in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Your Submission will not be returned by TooTube's. Your Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TooTube's from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from or related to: (a) your violation or breach of these Terms; or (b) your violation of any third-party rights, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the Site. In the event the User Content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys' fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. Your Release. Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release TooTube's from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Warranty Disclaimer The Company is not responsible or liable for any User Content or other content posted on our Sites or for any offensive, unlawful or objectionable content you may encounter on or through our Sites. The User Content and the materials and products on a Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. The Company does not guarantee and does not promise any specific results from use of our User Generated Sites. TooTube's does not represent or warrant that our Sites will be uninterrupted or error free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, TooTube's does not make any warranties or representations regarding the use of the materials or content on our Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access our Site, loss of data or other harm of any kind that may result. TooTube's reserves the right to change any and all User Content and other items used or contained on our Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability CARTER’S SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF CARTER’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY AGAINST CARTER’S FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES. ACCORDINGLY, IF CARTER’S IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITES OR ANY CONTENT, CARTER’S'S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Termination TooTube's reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of our Sites for any or no reason, without notice, and without liability to you or anyone else. TooTube's also reserves the right to block users from certain IP addresses or Device numbers and prevent access to our Sites. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Site or on other platforms even after your User Content is removed or your account is terminated. These Terms and Conditions remain in effect even after your account is terminated.