Terms of service
By gaining access to said website and its material, you assent full compliance to the following terms, conditions as well as policies applicable to admissible usage. Hereby, make sure to familiarize yourself with said terms in details.
By receiving access to the Site, you certify the following:
• you are 18 years old and above
• you access the Site and use it for purely noncommercial and personal purposes
• you shall not distribute or else copy any part of the said website, unless Site has provided you with its prior written authorization
• you shall demonstrate full adherence to said conditions, terms and admissible usage policy regulated by the Site
INTELLECTUAL PROPERTY RIGHTS
The Site, except for any user submissions (as explained further), inclusive without any limitations whatsoever, text, software, music, visuals, sounds, interactive features, videos (hereinafter referred to as “content”), and also logos, trademarks as well as service marks (hereinafter referred to as “marks”), are fully owned by or licensed to the Site. Hence, you are strictly prohibited to use, copy, reproduce, distribute, broadcast, sell, exploit, display or license them for any reasons and under any possible circumstances without preliminary written agreement provided from direct respective owners of said content and/or marks.
A. Site enables its users to be able to submit videos or any other material type, inclusive hosting, sharing and/or publishing of said submissions. Hereby, you hold full responsibility for personal submissions of yours and any consequences resulting from posting or publishing. In reference to your submissions, you agree to confirm/ warrant that:
• you fully possess/ own all necessary licenses, consents, rights as well as permissions to utilize and moreover authorize the Site to use all existing trademark, copyright trade secret, patent and other proprietary rights in relation to all the occurring submissions. All inclusions and submissions are enabled in a manner that is stipulated in terms of service;
– you solely own the written consent, release and/or permission relevant to every identifiable person in each single submission; use of name or any similarity to each individual for ultimate purpose of using it in your future submissions in such manner that is provided by the abovementioned terms of service. However, you still maintain all ownership rights for your every submission. Moreover, bear in mind that upon submitting any sort of material to the Site, you grant a royalty-free, worldwide, non-exclusive license that can be sub-licensed, transferable, utilized, distributed, reproduced, used for preparation of various display purposes, derivative works, and which can be used for submissions related to the Site itself and its business. The license granted by you is subject to termination once you delete your submission from the Site.
B. HEREUNDER YOU ACKNOWLEDGE THAT YOU WILL NOT:
• submit any sort of material that is under protection by trade secret, copyrights or is subject to third-party proprietary rights. That also includes publicity and privacy rights, except for a case when you are the direct owner of said rights or else own the permission granted by the original owner to be able to post any material and/or to provide the Site with all the license rights provided herein;
• publish any falsehoods or misrepresentations, which may damage the Site as well as any related third parties;
• submit any unlawful material, as well as hateful, threatening, dangerous, harassing or else encouraging any sort of conduct that may be deemed as an inappropriate or criminal offense, violate any established laws, provide rise to civil liabilities;
• post any advertisements types or any business solicitations;
• impersonate anyone.
Site does not endorse any submissions done by user, and openly refuses to accept any possible arising liabilities in relation to user submissions. Site prohibits any types of activities at its website related to intellectual property rights or copyrights infringement. Site will therewith delete the whole content and user submissions in case if any infringements occur in relation to third party intellectual property rights without any preliminary notice. Infringers, who repeatedly continue rules violation will undergo total termination of user access. C. All agents or copyright owners, who strongly believe that any of their user submissions and/or other content types violate their rights, are able to submit the pursuant notification directly to the Digital Millennium Copyright Act (“DMCA”). As per requirement it is necessary to provide DMCA agent with the information in electronic form that is described below (see 17 U.S.C. 512 (3) for further details):
• Clear identification of the copyrighted work that is claimed to suffer an infringement; if several copyrighted materials are situated at a single online website and covered only by one notification, then a representative list of works located at that particular website is required to be presented;
• Full material identification, that is subject to infringement activities or is claimed to suffer from infringements, which should be deleted, or access to which should be disabled, as well as reasonably sufficient information, which allows the service provider to locate the said material;
• Reasonably sufficient Information for purposes of allowing the service provider to contact you directly (e.g. telephone number, address, electronic mail etc.);
• Valid statement approving your good faith in material utilization in a way that was explained in the complaint, does not have any authorization from the side of copyright owner, its agent, or the law itself;
• Valid statement approving the accuracy of the information provided in the notification and stating that you are fully authorized to act on rights of owner’s behalf, who had suffered from infringement. Perjury is strictly penalized.
D. You fully understand that whenever you use the Site, you get exposed to a wide variety of user submissions originating from different sources. Hereby, Site is not responsible for accuracy, safety, usefulness and intellectual property rights related to above-said submissions. Likewise, you fully understand and assent that you can be exposed further on to certain user submissions that may be not accurate, indecent, offensive or relatively objectionable. Hence, you agree to waive any legal or equitable rights as well as other possible accusations against the Site. Hereinafter you agree to indemnify and maintain the Site, all of its owners, related affiliates and any possible licensors absolutely unharmed in relation to the law regulations pertaining your usage of the Site as well as its resources.
E. Site agrees with the fact that you can have a link to entire materials of the Site for your personal reasons and non-commercial purposes only. In addition, Site enables “embeddable player” feature that is available for your usage at your own websites as long they are fully non-commercial. You are allowed that to access all materials stored at the Site. Site maintains the sole right to fully discontinue any Site’s aspect at any time and specified by any reasons.
REPEATED INFRINGEMENT POLICY
As a part of the Site’s copyright policy, you assent that Site is able to delete and/or terminate the access to its services by user, if one is identified as a repeated infringer. Hereinafter, a repeat infringer is a user, who received the notification of copyright infringement activities more than two times.
YOU HEREINAFTER FULLY ASSENT THAT YOUR SITE USAGE WILL BE AT YOUR OWN RISK. THE SITE, ITS OFFICERS, EMPLOYEES, DIRECTORS AND ALL AGENTS AUTOMATICALLY REJECT ALL THE RELATED WARRANTIES TO THE WEBSITE AS WELL AS YOUR PERSONAL USE. THE SITE DOES NOT PROVIDE ANY WARRANTIES RELATED TO CONTENT ACCURACY AND COMPLETENESS AT THE SITE, OR ANY CONTENT FROM OTHER WEBSITES, SUCH AS LINKED TO THE WEBSITE. SITE CARRIES NO LIABILITIES OR RESPONSIBILITIES IN CASE OF ANY:
ERRORS, MISTAKES OR CONTENT-RELATED INACCURACIES.
PERSONAL INJURIES OR ANY PROPERTY DAMAGE TYPE, RESULTING FROM YOUR PERSONAL ACCESS TO THE WEBSITE AND USAGE OF ITS SERVICES.
ANY UNAUTHORIZED ACCESS, USE OF SECURE SERVERS OF THE SITE AND ANY SORT OF PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
ANY INTERRUPTION DURING TRANSMISSION TO OR FROM THE WEBSITE. ANY TYPES OF BUGS, TROJAN HORSES AND VIRUSES THAT CAN BE TRANSMITTED BY ANY THIRD PARTY VIA THE SITE.
ANY CONTENT ERRORS, POSSIBLE DAMAGE OR LOSS RESULTING FROM USE OF ANY SPECIFIC CONTENT THAT IS POSTED, EMAILED, TRANSMITTED OR AVAILABLE VIA THE SITE.
SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR HOLD RESPONSIBILITY FOR ANY SORTS OF PRODUCTS AND/OR SERVICES THAT ARE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUSIVE OF ANY OTHER WEBSITE LISTED IN ANY ADVERTISING TYPE OR ELSE HYPERLINKED WEBSITE. MOREOVER, THE SITE WILL NOT BE RESPONSIBLE FOR ANY TRANSACTIONS MONITORING BETWEEN YOU AND ANY OTHER THIRD-PARTY PRODUCTS AS WELL AS SERVICE PROVIDERS. BY MAKING A PURCHASE OF PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY POSSIBLE LOCATION, YOU SHOULD FULLY RELY ON YOUR PERSONAL JUDGMENT AND KEEP PRECAUTIONS WHEREVER APPLICABLE.
Limitations in Liability
SITE, ITS DIRECTORS, AGENTS, OFFICERS OR EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR UNINTENTIONAL DAMAGES, RESULTING FROM ANYTHING LISTED BELOW: • ERRORS, MISTAKES OR INACCURACIES THAT ARE RELATED TO CONTENT,
• PERSONAL DAMAGE OR OTHER POSSIBLE PROPERTY DAMAGES, RESULTING FROM YOUR USAGE OFAND DIRECT ACCESS TO OUR WEBSITE,
• ANY TYPE OF UNAUTHORIZED USAGE OF OR ACCESS TO OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION TYPE, INCLUSIVE OF STORED FINANCIAL INFORMATION,
• ANY POSSIBLE ARISING TRANSMISSION INTERRUPTION DIRECTLY TO OR FROM OUR WEBSITE,
• ANY SORTS OF VIRUSES, BUGS AND TROJAN HORSES THAT MAY BE TRANSMITTED TO OR ELSE VIA OUR WEBSITE BY ANY TYPE OF INVOLVED THIRD PARTIES,
• ANY ERRORS IN EXISTING CONTENT AND ANY DAMAGE OR LOSS INCURRED, THAT IS CAUSED BY CIRCUMSTANCES WHERE YOU USE ANY CONTENT TYPE, WHICH WAS EMAILED, TRANSMITTED, POSTED AND/OR MADE AVAILABLE VIA THE SITE. IN SUCH CASE, REGARDLESS OF WARRANTY-BASED, CONTRACT-REGULATED, OR IMPOSED BY ANY OTHER LEGAL RULES, THE COMPANY STILL SHOULD BE NOTIFIED ABOUT THE POSSIBILITY OF ARISING ABOVE-MENTIONED DAMAGES. LIMITATION IN LIABILITY IS TO BE APPLIED TO THE MAXIMUM EXTENT PROVIDED BY LAW AND VIA THE RESPECTIVE JURISDICTIONS. HEREBY, YOU FULLY ASSENT THAT SITE SHALL NOT HOLD LIABILITY FOR SUBMISSIONS MADE BY USER OR ANY OTHER OFFENSIVE AND/OR ILLEGAL CONDUCT FROM ANY THIRD PARTY’S SIDE, AS WELL AS THAT ALL HARM RISKS OR POSSIBLE DAMAGES ARE FULLY AND ULTIMATELY RELATED TO YOU.
The following terms of service, privacy notice and any other legal notice types published at the Site, will portray the absolute agreement between the Site and you. In case if any provisions related to abovementioned service terms are deemed as invalid by court or competent respective jurisdiction, then the nullity of this provision will not have any effect on validity of the rest of provisions related to these service terms, and shall be maintained in full force and effect. No refusal from any term of said service terms shall be deemed/accepted for further continuation. Any consecutive waiver related to said terms as well as failure from the side of Site to approve any provision or right under existing terms of service, shall not form a waiver of this kind of provision or right. Site keeps the absolute right to rectify the abovementioned service terms at any time and without any prior notice. Hereby, it is your sole responsibility to review personally all those service terms in order to find any changes. The use of Site by you after any amendment related to these service terms comes into effect, will automatically mean your full acceptance of its modified terms.
Site fully recognizes the privacy concerns of its customers, users and visitors. The privacy notice is comprised of detailed important information concerning the use and disclosure of any sort of user information received from the Site. Aforesaid privacy notice is holds the main purpose of assisting in a proper decision- making related to continuous utilization of Site’s services. Remember that any type of images, videos or other content types posted by users at the Site is considered as officially published content and hereby is not considered as personally identifiable type of information in compliance with current privacy notice.
INFORMATION OBTAINED BY THE SITE
Prior to getting involved in any type of activities at websites, every user is required to provide personally identifiable information in details (e.g. full name, email address etc.) to the Site. This is to be completed during the decision-making related to participation in available activities at websites (e.g. videos uploading, messages posting etc.). Make sure to familiarize yourself with provided below information about cookies. After entering the Site, you may see one or more of our cookies (small text file containing a special string with alphanumeric characters) – it is a unique identification of your personal browser. Site maintains the right of using both, persistent and session cookies. Persistent cookies remain even after you close the browser, so they can be used by the browser in case of future visits to the Site. You have an option to disable persistent cookies via the browser help file. Session cookies are temporary and disappears upon closing the browser. You are provided with an option to reconfigure the web browser to reject accept all cookies types or indicate you every time a cookie is being sent. However, certain Site’s features may stop proper functioning after you disable the option to accept cookies. Ensure you are familiar with the Log File Information provided below. While you are using the Site, its servers may automatically record certain information sent by the web browser every time you enter some other websites. The generated server logs may contain your personal web requests, Internet Protocol (“IP”) address, browser type, browser language, number of clicks, referring / exit pages and URLs, platform type, domain names, landing pages, viewed pages and sequence of viewing, total time spent at each web page, date and time of your request, as well as one or several cookies, which can uniquely identify your browser.
INFORMATION RETAINING BY THE SITE
For purposes of website databases integrity preservation, the main aim of Site Video’s procedure is to retain the submitted information by all members during indefinite duration of time. Likewise, by submitting the information to Site, you automatically agree to allow the information to be stored within indefinite time.
WAYS OF INFORMATION USAGE BY THE SITE
Upon your submission of identifiable information via the Site, you acknowledge that your personal information is to be used in future to operate, maintain and provide you with available functionalities and features of the Site. Any personal information type and video content being disclosed online by your personal free will (via messages, discussion boards or chat areas within the limits of your public profile page), are automatically available to the public and hereby can be obtained as well as used by other people. For example, your account name (but not personal email address) is displayed to public, as you upload videos or send messages by using the Site. Likewise, other users can contact you by sending messages and comments. In addition, all your videos uploaded to the Site can be redistributed later on through the Internet and other available media channels (i.e. those videos are available to general public for viewing as long as they are connected to Internet). Remember that your email address and other personally identifiable information are not used to for sending any ads as well as commercial or marketing types of messages without your prior personal consent. Exception is applied to specific features or programs, which you can opt-in and opt-out. However, keep in mind that your email address can be used without any consents for non-marketing and administrative purposes.
CASES OF INFORMATION DISCLOSURE BY THE SITE
COMPLIANCE WITH USAGE OF LEGAL-AGE
Protection of children from any adult content type represents high importance to the Site. Hereby, Site purposely collects and/or stores personally identifiable and non-personally-identifiable information of people under age of 18. Moreover, no section of the website is dedicated to people under 18 years old, or any legal age in accordance with laws imposed by certain states. Hence, if you are younger than 18 years old, then make sure you refrain from accessing the Site for any possible reasons at all times. If the Site finds out that personally identifiable information of a person under the age of 18 was stored and/or recorded, then applicable actions will be taken to permanently delete this information type.
IN EVENT OF SALE, BANKRUPTCY OR MERGER
In the event that Site is acquired or else merged with any other third party, it still preserves the right of transferring the acquired information about its users at any circumstances as part of the merger, acquisition, full sale or any other possible control change within the company. In unlikely case of Site’s reorganization, bankruptcy, insolvency, receivership or else assignment, the Site may not maintain the control of your personal information. It may be possible in circumstances related to laws obedience or else any equitable principles, which may generally affect the rights of creditors.
CHANGES AND UPDATES OF PRIVACY NOTICE
Given Privacy Notice is still subject to be revised on periodical basis. All users have the right to periodically review it to maintain full awareness of probable changes. The continual utilization of the Site by any user constitutes his/her full assent to this Privacy Notice and any possible future revisions of it.