Terms
Terms of Use
Welcome to Vidoosh.tv. PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This site is subject to the the Terms, which may be updated by us from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1. Registration
You are granted the limited right to view and use the Site only for the
purposes of viewing or playing content, accessing information and services.
We reserve the right to suspend or deny, in its sole discretion, your access
to all or any portion of the Site.
2. Limited License to Site
If you violate these Terms, we may terminate or cancel your access rights to
the Site immediately without notice. We may also block your use of the Site.
We reserve the right at any time to modify or discontinue the Site or any
part thereof and you agree that we shall not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Site
or any part thereof. This license is limited to personal and non-commercial
uses by you. Any rights not expressly granted to you herein are reserved to
us. No portion of this Site is targeted to children, and any minor should
seek consent of his or her legal guardian before using this site. Unless you
have received specific written permission from us, you may not (a) "frame"
or otherwise impose editorial comment, commercial material or any
information or content on, or in proximity to, content displayed on the Site
or (b) alter or modify any content on the Site. Without limiting other
restrictions, you agree not to reproduce, transmit, sell, or otherwise
exploit the Site for any commercial purpose. Please be aware that we have
created or may create in the future certain areas on the Site that contain
special* content. You must be at least 18 years of age to access and view
such areas.
( *adult
or mature content)
The Site allows users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not us, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
Your Materials, user name and/or screen name will not disparage in any manner.
Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited. For more information about advertisement on Vidoosh.tv please visit Advertising .
You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
You shall not act in a manner that negatively affects other users' ability to interact with the Site.
You shall not collect or store personal data about other users.
You acknowledge that we do not pre-screen any Materials posted by you or other users, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. You agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion.
3. Submitted Content
License Grant and Warranties
Unless you enter into a separate agreement with us, such as a purchase
agreement or a contest, we do not claim ownership in Materials you submit,
however, by submitting Materials in any form to us, in addition to other
provisions of the Terms, you automatically grant this site, and its
successors, assigns, and licensees and parent, subsidiary and other
affiliated entities, a non-exclusive, fully-paid, world-wide, perpetual,
royalty-free license to publicly display, publicly perform, distribute, and
reproduce the Materials in any manner and in any medium, including, without
limitation, through physical copies such as still photos, videos, and CDs,
by television by any means, on or via the Internet, including, without
limitation, the World Wide Web, and any other two-way transmission control
protocol / internet protocol (TCP/IP) based distribution network or similar
networks or technologies now known or hereafter to become known, including,
but not limited to, delivery via such a network to personal computers, hand-held
devices, and television set-top boxes through telephone or cable lines, or
wirelessly through broadband, satellite, cellular or terrestrial broadcast
networks and other similar networks or technologies whether now existing or
hereafter developed. You obtain no rights in any form, media, or technology
incorporating the Materials. You represent and warrant that (i) you have the
legal right and authority to grant the rights granted herein, (ii) neither
the Materials nor exercise of the rights granted to this site under this
Agreement, including, without limitation, the public display, public
performance, distribution, or reproduction of the Materials, or portions or
derivative works thereof, will violate or infringe upon the copyright,
literary, privacy, publicity, trademark, service mark or any other personal,
contractual or property right of any person or entity anywhere in the world,
(iii) the Materials do not constitute a libel or defamation of any third
party, and (iv) you are the sole owner of the Materials and all rights
therein, and that the Materials are original to you.
4. Password And Security
You are responsible for maintaining the confidentiality of YOUR password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of security. You
acknowledge, consent and agree that we may access, preserve, and disclose
your account information and Material if required to do so by law or in a
good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any Materials violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of us, our users and the public. You understand
that the technical processing and transmission involved in interacting with
the Site, including the transmission of Materials, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. You understand
that the Site may include security components that permit digital materials
to be protected, and use of these materials is subject to usage rules set by
us and/or content providers who provide content to the Site. You may not
attempt to override or circumvent any of the usage rules embedded into the
Site.
5. International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Materials. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the our location,or the country in which you
reside.
5. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION
ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS
SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES
RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER
OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD
PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
6. No Incidental, Consequential or Certain Other
Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF
OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT
LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE
EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT
ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED
INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of Liability and Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY
OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR
REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO
DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE
AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE
TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Links; Advertisers
The Site contains links to third party sites that are not under our control
and we not responsible for any content on any linked site. If you access a
third party site from the Site, then you do so at your own risk. We provide
links only as a convenience and the inclusion of the link does not imply
that we endorse or accept any responsibility for the content on those third
party sites. Additionally, your dealings with or participation in promotions
of advertisers found on the Site, including payment and delivery of goods,
and any other terms (such as warranties) are solely between you and such
advertisers. You agree that we shall not be responsible for any loss or
damage of any sort relating to your dealings with such advertisers.
9. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that Materials will be retained by the Site, the maximum
number of Materials that may be sent from or received by an account, the
maximum size of any Materials, the maximum disk space that will be allotted
to you, and the maximum number of times (and the maximum duration for which)
you may access the Site in a given period of time. You acknowledge that we
reserve the right to log off accounts that are inactive for an extended
period of time.
14. Our Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you through
the Site or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by us or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Site or the
Software, in whole or in part. We grant you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in
the Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including, without limitation, for
the purpose of obtaining unauthorized access to the Site.
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