Version 1.2 from February 25, 2007

1.Area of Application and Validity
skillTube.com was founded in 2006 by the Swiss based company easyIT GmbH. skillTube.com is made up of contents of its affiliates and of various products and services which are provided by skilltube.com, its affiliates or third party service providers. These contents will be collectively referred to in this Agreement as "skillTube's".  The following General Terms of Business (subsequently called GTB) are to be accepted as legally binding by any purchaser placing an order on skillTube.com. They are valid for all business relations between the purchaser and skillTube.com, unless there is a written agreement on deviating matters. Eventual buying conditions on the part of the purchaser are binding for skillTube.com only if they are accepted by skillTube.com in writing. Should individual regulations be or become ineffective or invalid, the validity and effectiveness of all the other regulations remain untouched. In such a case the invalid regulation is to be reinterpreted or amended so as to establish the intended purpose of regulation as well as possible.

2. Data Protection
skillTube.com grants to follow the regulations of the Swiss data protection law as well as any appropriate legal norms in regard to the acquisition, the processing and use of personal data. Data of customers needed for the processing of an order will only be used for internal marketing purposes. Data will be forwarded to a third partner enterprise only as much as is needed for the proper processing of an order. The customer accepts this specific use of his or her data.The customer continues to be entitled to view filed data on his behalf on request and to prohibit their use for internal marketing purposes.

3. Conclusion of a Contract
A contract between the customer and skillTube.com is only concluded by the customer’s order and its acceptance by skillTube.com.The customer may place an order via Internet. skillTube.com accepts the order by confirming the order by E-Mail. The customer must be at least eighteen (18) years of age to subscribe to and use any skillTube.com service or product.

4. Prices
All prices are in US Dollar per item, if no other currency or price unit is indicated. Without any specific agreement additional items are not included in the price. The prices of the products as well as the additional costs are calculated according to the price list which is valid at the time of confirmation of order, or if there is no confirmation of order, according to the price list valid at the time when the products are handed over. skillTube.com reserves the right to change prices without notice at any time, especially in case of an error, price increase by the producer and rate fluctuations.

5.Withdrawal from Bill of Sale
Even after confirmation of order, skillTube.com reserves the right to withdraw completely or partially from the bill of sale. An obligation to present any documentation thereof to the purchaser is non-existent.

6. Delivery
Without any specific confirmation, skillTube.com understands the indicated delivery date merely as a guideline. This applies specifically in the case of delivery delays such as problems of supplies at skillTube.com’s supplier. Delays of delivery do not entitle the purchaser to damages from skillTube.com. In case of breakdown, official measures, lack of staff or raw materials, energy crisis, natural disaster or other unforeseeable events such as strike or lockout, which can’t be avoided despite reasonable care under the given circumstances, skillTube.com is entitled to cancel the order. Change or cancelling of order due to the purchaser’s request requires a corresponding written agreement with skillTube.com to become legally effective. Any costs caused thereof are to be paid by the purchaser. Some minor technical changes, made at the product in the time between the order and the delivery, do not entitle the customer to withdraw from the bill of sale.

7.Transition of Use and Risk
By handing over i.e. at the delivery of the products use and risk go to the purchaser.The risk of delivery is at the purchaser. The products must be downloaded by the purchaser within five days. Failing to do so is the risk of the purchaser.

8. Purchase and Verification
The purchaser is obliged to verify the products delivered by skillTube.com immediately after receipt for completeness and correctness.
Damage, defects or other complaints about the goods delivered are to be reported in writing to skillTube.com immediately, no later than 8 days after receipt of the goods. In case of delay in verifying or reporting, any right to claim under guarantee or any other claim expires. Excluded are damages or defects that could not be found right away, even when checking carefully after receipt.

9. Warranties and Reservations of Proprietary Rights
The goods delivered remain the propriety of skillTube.com until full payment of the bills according to contract.The reservations of proprietary rights remain valid as security for the demands on behalf of skillTube.com. skillTube.com is entitled to have the reservations of proprietary rights listed in the registry of the purchaser’s domicile or headquarter. On request by skillTube.com the purchaser must immediately give written approval for the registry entry of the reservations of proprietary rights in all its relevant points.The entry follows without the purchaser’s participation, but at the purchaser’s expense. Any rights not expressly granted herein are reserved by skillTube.com. 

By using any service offered on skillTube.com, you make the following representations and warranties. skillTube.com shall have the right to terminate your skillTube.com account, without notice at any time, if any representation warranty made by you proves to be untrue in any respect.

Your access to and use of skillTube.com, and products and services of skillTube.com, is at Your own risk. skillTube.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of skillTube.com, or such products or services.

Without limiting the foregoing, NEITHER skillTube.com NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN skillTube.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

skillTube.com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL skillTube.com OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF skillTube.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE skillTube.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH skillTube.com; OR OTHERWISE ARISING OUT OF THE USE OF skillTube.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF skillTube.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF skillTube.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING skillTube.com AND ITS RELATED SERVICES AND PRODUCTS.

10. Conditions of Payment
The payment terms mentioned in the invoice and/or in any basic agreement are to be met at any time. When the payment period has expired, the purchaser is considered to be in the state of arrears, without a reminder for payment. The content bought  by the customer is not downloadable until the invoice is payed. After receiving the payment by skillTube.com, the customer has access to the content for about five days or the customer is able to download it 3 times. It is the customers responsibility to save the bought content, skillTube.com will not be responsible for any loss of data. After that period of time or after the 3th download, there is no right to access the goods again. The purchaser is not entitled to offset possible counter-demands with demands from skillTube.com.

11. Services and Projects
For services and projects the respective additional conditions of skillTube.com are valid.

12. Patents and other Protective Rights
The purchaser must inform skillTube.com immediately, if a third party states or claims the violation of a patent, copyright or another commercial protective right against the purchaser, in connection with products delivered by skillTube.com. skillTube.com will forward this information immediately to its pre-supplier and will ask for regulation of this situation. skillTube.com has no further obligations to the purchaser.

13.Transfer of Rights and Obligations
Rights and obligations from contracts between purchaser and skillTube.com can only be transferred to a third party with previously written consent of skillTube.com.

14. Copyright and Disclaimer

All movies are licensed, only for non commercial private viewing and any distribution outside the authorized territory, copying, transmission, public performance, alteration or reverse engineering is strictly prohibited and may result in criminal and or civil liability.

All movies and all the information they contain are provided strictly for educational purposes. In no event will skillTube.com be liable for any passive, malicious, or illegal actions taken with the use of the information shown in the movies. skillTube.com reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided in the movies.
 
Liability claims regarding damage caused by the use of any  information provided, including any kind of information that is incomplete or incorrect, will therefore be rejected.

15.Validity of the Actual Issues of the GTB
With every new issue of the GTB of skillTube.com all the previous GTBs lose validity automatically. New GTB can be issued without any announcement to the customers.

16.Applicable Law and Jurisdiction
Any relations of contract between the contract parties are exclusively subject to Swiss law.

In case of eventual litigations between the contract parties the jurisdiction is the present headquarter of skillTube.com. skillTube.com is entitled to bring suit against the purchaser at his domicile alternatively. Additional Conditions for Maintenance and Support Orders. These additional conditions for maintenance and support orders form an integrated part of the General Terms of Business of skillTube.com Inc.  and replace non-accurate formulations within the General Terms of Business. The purchaser accepts the following conditions and requirements for the placed order:

At the beginning of every process there is the analysis form which is the basis for processing, efforts and costs.The work for processing this analysis form is part of this order. The order is processed exclusively on an hourly basis per the agreed upon price per hour.Travel expenses are billed separately. If additional hardware and/or software is required to complete an order, skillTube.com will deliver these goods after an arrangement and with additional charges. If the order is enhanced by new or additional functions, if tuning is required or should special requirements be realized, they will be processed according to the conditions of this contract. skillTube.com guarantees the purchaser that qualified persons will process the order appropriately. As the completion of the order is essentially dependent upon hardware and software producers, or on the conditions of the purchaser, skillTube.com cannot guarantee the completion of the order.The  purchaser must reimburse skillTube.com for any work, according to the conditions of this order.

skillTube.com (owned by easyIT GmbH, Felsberg, Switzerland)