Terms of Use

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Terms of Use

A. APPLICATION OF TERMS OF USE

This Internet site and any variations, successors or sub-domains to this website (http://VideoPublishing.com, the "VideoPublishing.com Site") is owned by VideoPublishing.com, LLC. and (as applicable, as determined solely by VideoPublishing.com), its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "VideoPublishing.com"). Any VideoPublishing.com hosted services or computer software that is downloadable or otherwise available from the VideoPublishing.com Site ("VideoPublishing.com Technologies") is provided under the terms of the accompanying User Agreement (defined below). Any VideoPublishing.com services purchased or otherwise provided from the VideoPublishing.com Site ("VideoPublishing.com Services") are subject to the additional terms of any applicable services agreement. These Terms of Use ("Terms") apply to all users ("Users") of the VideoPublishing.com Site, the VideoPublishing.com Technologies, and the VideoPublishing.com Services (collectively, the "VideoPublishing.com Properties").


B. MODIFICATION

At its sole discretion, VideoPublishing.com may modify, update, change, discontinue, add or remove any or all parts of the VideoPublishing.com Properties or these Terms at any time. Changes to these Terms and the VideoPublishing.com Site will be effective on the date posted on the VideoPublishing.com Site. At VideoPublishing.com’s sole discretion, individual VideoPublishing.com Properties may have separate registration procedures, terms and conditions, terms of service, user agreements, and/or similar legal agreements governing the use of such VideoPublishing.com Properties, which are also subject to subsequent change, modification or revocation under their terms ("User Agreements"). Unless explicitly stated in writing otherwise, the VideoPublishing.com Properties subject to User Agreements shall also be subject to these Terms. In addition, VideoPublishing.com also may offer certain services from time to time that are governed by the terms of service of the respective service or technology partners. Where the VideoPublishing.com Service is running on third-party properties, the terms and conditions of use of those properties may be applicable in addition to these Terms.


C. THIRD PARTY PRODUCTS AND SERVICES

VideoPublishing.com may offer third party products and/or services from the VideoPublishing.com Site. Users assume all risks and liabilities associated with the use of any such third party offerings. Each User's rights are governed by the separate user agreement or other terms of use provided by the applicable third party provider. Any third party products, Content (defined below), services or links displayed on the VideoPublishing.com Site are not referrals or endorsements of any product, service or provider. These offerings are displayed solely for convenience.


D. ALPHA AND BETA RELEASES

VideoPublishing.com may make certain VideoPublishing.com Properties available in a pre-release form or format ("Alpha Versions" and "Beta Versions"). The Alpha Versions and Beta Versions may contain different features than the final version that VideoPublishing.com intends to distribute commercially. VideoPublishing.com reserves the right at any time not to release commercial versions of the Alpha Versions and Beta Versions, or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. The Alpha Versions and Beta Versions may not be suitable for production or commercial use and may contain bugs or errors affecting their proper operation. No Alpha Versions or Beta Versions should be used to support "mission critical" applications or in environments requiring fail safe or error free performance.


E. OWNERSHIP OF VIDEOPUBLISHING.COM PROPERTIES

The VideoPublishing.com Properties are owned by VideoPublishing.com, its suppliers and licensors. In no event shall any VideoPublishing.com Properties be deemed to be sold or assigned to any User of the VideoPublishing.com Properties. Any and all rights not expressly granted by VideoPublishing.com in any User Agreements are reserved to VideoPublishing.com and its suppliers and licensors.


F. ACCESS AND USE OF VIDEOPUBLISHING.COM PROPERTIES BY MINORS

Use of the VideoPublishing.com Properties is not intended for minors under the age of 18 ("Minors"). Minors are not authorized by VideoPublishing.com to use the VideoPublishing.com Properties, even if Minors set up an Account or accept the terms of any Terms of Use or User Agreement. Parents or guardians may authorize Minors between the ages of 13 and 17 to use the VideoPublishing.com Properties, but only on the condition that the Minor’s parents or legal guardians assume all responsibility and legal liability for the conduct of such Minor including, without limitation, monitoring the Minor's access and use of the VideoPublishing.com Properties, as well as any Content that is access through the VideoPublishing.com Properties. If VideoPublishing.com learns that anyone under the age of 13 is using the VideoPublishing.com Properties, VideoPublishing.com will require verified parental or guardian consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").


G. REGISTRATION AND PRIVACY

  • 1. Account and Registration Data. Prior to using one or more of the VideoPublishing.com Properties, VideoPublishing.com may require certain information ("Registration Data”) to create an individual account ("Account"). Failure to provide all such required data may prevent access to any or all VideoPublishing.com Properties, and failure to maintain accurate Account information may result in suspension or termination of access to any or all VideoPublishing.com Properties. All Account information is the exclusive property of VideoPublishing.com. VideoPublishing.com shall use commercially reasonable efforts to protect and maintain all data collected in setting up the Account in the manner described in the VideoPublishing.com Privacy Policy located at http://www.VideoPublishing.com/privacy. Users may edit or update their personally identifiable Registration Data at any time by following the instructions located in the VideoPublishing.com Privacy Policy.
  • 2. Password. Access to the Account and many VideoPublishing.com Properties requires a secure, individual password. User must protect passwords from disclosure or unauthorized use. In the event of a suspected or actual breach of security related to any VideoPublishing.com Property, User must immediately notify VideoPublishing.com. While VideoPublishing.com will use commercially reasonable efforts to provide assistance, VideoPublishing.com is not liable for any loss or damage resulting from the breach of security of any Account or a User’s failure to securely maintain the confidentiality of passwords.
  • 3. Termination/Suspension of Account. Unless otherwise explicitly set forth in a User Agreement, VideoPublishing.com may immediately terminate or suspend access to the VideoPublishing.com Properties (including Accounts) for conduct that includes, without limitation: (a) violation of the Terms of Use; (b) violation of third party rights such as copyright, trademark and rights of privacy and publicity; (c) violation of VideoPublishing.com’s restrictions on prohibited content (as further described in its standard EULA available at http://www.VideoPublishing.com/eula); (d) interference with the proper functionality of any or all VideoPublishing.com Properties; or (e) unlawful conduct in any local, state, federal or foreign jurisdiction.

H. USE OF VIDEOPUBLISHING.COM PROPERTIES

  • 1. Content. Users are solely responsible for any and all audio and video materials uploaded or provided to VideoPublishing.com and/or provisioned into the VideoPublishing.com Properties including, without limitation, film, text, logos, artwork, graphics, pictures, advertisements, sound, and other form of intellectual property, whether in still, live or animated form, contained in materials uploaded, or provided to VideoPublishing.com or into the VideoPublishing.com Properties, in any method or form, by you, or by administrators on your behalf (collectively, "Content"). VideoPublishing.com Properties are passive conduits of all Content submitted or accessed through the VideoPublishing.com Properties and VideoPublishing.com is not responsible for the: (1) selection, acquisition, distribution or licensing of Content in the VideoPublishing.com Properties; or (2) acquisition or payment of any third party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use Content in the manner authorized by a User in their Account. VideoPublishing.com has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any Content submitted, uploaded, distributed or retrieved in connection with the use of the VideoPublishing.com Properties. Furthermore, VideoPublishing.com assumes no responsibility for protecting or enforcing third party rights with respect to Content, including, without limitation, monitoring the Content, determining whether Content is lawful, appropriate or permitted by third parties, for libel, falsehoods, errors or omissions contained in Content or compliant with FCC or other governmental regulations, or for taking legal action against actual or suspected infringers of Content.
  • 2. Trial Period. In VideoPublishing.com’s sole discretion, Users of the VideoPublishing.com Properties may receive a limited trial period (“Trial Period”) to test certain features and functionality of the VideoPublishing.com Properties free of charge. Once any such Trial Period has been exhausted, Users are responsible for paying applicable fees for use of the VideoPublishing.com Properties pursuant to the payment terms and prices designated in the User Agreement or, if no User Agreement has been executed by User and VideoPublishing.com, then pursuant to the VideoPublishing.com’s current standard pricing schedule, which may (but is not required to) be available on the VideoPublishing.com Site.
  • 3. Third Party Publishers. Users may, in their Account, indicate their preference to distribute Content via one or more online publisher(s) (each a "Publisher"), and in such case the User assumes all risks and liabilities associated with the distribution of Content to such Publishers including, without limitation, the obligations set forth in Paragraph H (1) above.
  • 4. Tracking. The VideoPublishing.com Properties may contain software to track and capture activity, including individual users, to assist VideoPublishing.com in optimizing delivery of Content and for the purposes of developing and facilitating algorithms and reports. Your use of the VideoPublishing.com Properties constitutes acceptance of these features. For further information on how such software is used, please review VideoPublishing.com’s Privacy Policy located at http://www.VideoPublishing.com/privacy. If you engage in, or assist or enable, for syndication of Content on third party websites, you, and not VideoPublishing.com, are solely responsible for notifying each such third party website that VideoPublishing.com may track and capture such information.

I. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE

VideoPublishing.com respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, VideoPublishing.com will respond expeditiously to claims of potential copyright infringement committed using VideoPublishing.com Properties. Copyright owners or a party authorized to act on behalf of an owner, should report potential copyright infringement by completing the following DMCA notice and delivering it to the VideoPublishing.com Designated Copyright Agent. Upon receipt, VideoPublishing.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's Account.

Please send either an email to copyright@VideoPublishing.com (Subject: DMCA Notification), a facsimile to: (646) 417-5274 (Attn: DMCA Notification), or letter to the address provided below with all of the following information:

  • 1. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 2. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material. Providing URLs in the body of an email is the best way to help VideoPublishing.com locate Content quickly.
  • 3. Provide Information reasonably sufficient to permit VideoPublishing.com to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  • 4. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. As an example, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent."
  • 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. As an example, "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • 6. Provide your full legal name and your electronic or physical signature.

Such written notice should be sent to VideoPublishing.com's designated agent as follows:

VideoPublishing.com
Attn: DMCA Notification
427 N. Tatnall St #32004
Wilmington, DE 19801
(646) 417-5274


J. COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with VideoPublishing.com, a written communication that sets forth the items specified below must be provided.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. VideoPublishing.com will terminate any User who is a repeat infringer. Accordingly, any User is not sure whether certain material infringes the copyright of others, should contact an attorney.

1. Elements of Counter-Notification To file a Counter-Notification, please send either an email to copyright@VideoPublishing.com (Subject: DMCA Counter-Notification), a facsimile to: (646) 417-5274 (Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information:

To expedite VideoPublishing.com's ability to process counter notifications, please use the following format (including section numbers):


  • (a) Identify the specific URLs of material that VideoPublishing.com has removed or to which VideoPublishing.com has disabled access.
  • (b) Provide your full name, address, telephone number, and email address, and the username of the Account.
  • (c) Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • (d) Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • (e) Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Such written notice should be sent to VideoPublishing.com's designated agent as follows:

VideoPublishing.com
Attn: DMCA Counter - Notification
427 N. Tatnall St #32004
Wilmington, DE 19801
Email: copyright@VideoPublishing.com

2. What happens next?

After VideoPublishing.com receives a counter-notification, VideoPublishing.com will forward it to the party who submitted the original claim of copyright infringement. Please note that when VideoPublishing.com forwards the counter-notification, it will includes any personal information provided to VideoPublishing.com and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. VideoPublishing.com will not forward the counter-notification to any party other than the original claimant.

After VideoPublishing.com sends out the counter-notification, the claimant must then notify VideoPublishing.com within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the VideoPublishing.com Properties. If VideoPublishing.com receives such notification, VideoPublishing.com will be unable to restore the Content to the VideoPublishing.com Properties until resolution of any court action. If VideoPublishing.com does not receive such notification, VideoPublishing.com may, at its sole discretion, reinstate the Content.


K. PROHIBITED CONDUCT

  • 1. The VideoPublishing.com Properties may not be used to intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use VideoPublishing.com or the VideoPublishing.com Properties to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  • 2. Users agree to comply with all applicable laws, rules and regulations that apply to their use of the VideoPublishing.com Properties. Users, and not VideoPublishing.com, shall be responsible for ensuring that their use of the VideoPublishing.com Properties does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, without limitation, U.S. law, regarding the transmission of copyrighted, trademarked Content or personally identifiable information or controlled technical data.
  • 3. Users shall not use the VideoPublishing.com Services to upload, download, post, e-mail, transmit, transfer, distribute, display or link to Content that: (a) promotes illegal activity, or provides instructions for illegal activity; (b) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (c) it does not have the right to use for the purposes of this Agreement; (d) is unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (e) infringes the intellectual property or proprietary rights of any third party; (f) is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants; (g) directly or indirectly is used for "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; and (h) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the VideoPublishing.com Services or any other VideoPublishing.com Properties (collectively, the "Prohibited Content").
  • Additionally, you are prohibited from advertising, offering for sale, or selling any item prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
  • • Any firearms, explosives, or weapons.
  • • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • • Any alcoholic beverages.
  • • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
  • • Any items which are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  • • Any controlled substances or pharmaceuticals.
  • • Any items which are counterfeit or stolen.
  • • Any dangerous items.
  • • Any goods or services that do not, in fact, exist.
  • • Any registered or unregistered securities.
  • • Any items that violate or infringe the rights of other parties.
  • • Any items that you do not have the legal right to sell.
  • • Any items where doing so through VideoPublishing.com Properties would cause VideoPublishing.com to violate any law.

You expressly acknowledge and agree that VideoPublishing.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VideoPublishing.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by VideoPublishing.com with regard to its users may be disclosed in accordance with VideoPublishing.com's Privacy Policy.


L. FEEDBACK

VideoPublishing.com does not accept unsolicited feedback, suggestions or other information about VideoPublishing.com, the VideoPublishing.com Properties or any other VideoPublishing.com products and services. VideoPublishing.com shall be free to use any feedback provided to VideoPublishing.com for any purpose, such as improving its products and services (including VideoPublishing.com Properties) and creating derivative technologies based upon such feedback. All feedback is provided voluntarily and free of any third party rights or encumbrances.


M. DISCLAIMER OF WARRANTIES.

VIDEOPUBLISHING.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE VIDEOPUBLISHING.COM PROPERTIES FOR COMPANY'S PURPOSES, THAT THE USE OF THE VIDEOPUBLISHING.COM PROPERTIES OR ACCOUNT SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE VIDEOPUBLISHING.COM PROPERTIES SHALL FUNCTION PROPERLY WHETHER ALONE OR IN COMBINATION WITH ANY THIRD PARTY TECHNOLOLGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE VIDEOPUBLISHING.COM PROPERTIES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE VIDEOPUBLISHING.COM PROPERTIES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS. VIDEOPUBLISHING.COM IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND VIDEOPUBLISHING.COM'S REASONABLE CONTROL.


N. LIMITATION OF LIABILITY.

VIDEOPUBLISHING.COM'S LIABILITY IS SEVERELY LIMITED. IN NO EVENT SHALL VIDEOPUBLISHING.COM’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE VIDEOPUBLISHING.COM PROPERITES EXCEED FIVE HUNDRED DOLLARS ($500). FURTHER DETAILS CAN BE FOUND IN THE APPLICABLE USER AGREEMENT.


O. CONTACTING VIDEOPUBLISHING.COM

VideoPublishing.com, LLC
427 N. Tatnall St #32004
Wilmington, DE 19801

Copyright (c) 2009 VideoPublishing.com, Inc. and/or its licensors, all rights reserved. VideoPublishing.com and ProUploader are the trademarks of VideoPublishing.com, Inc.

 

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