Terms And Conditions
[ Please Make Sure You Read And Understand The Terms And Conditions ]
This Legal Notice Was Updated July 27th 2018
By using our website, mobile site or app (the “Site”), you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Your accessing the Site for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your “use” of the Site or agreement to be bound by these Terms of Service unless you further access or use the Site.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the “Last Updated” date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Site occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Site or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Site, or terminate your account.
By continuing to use the Site after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Rights And Restrictions Relating To Site Content
Your Limited Right to Use Site Materials
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
Our Right To Use Materials You Submit Or Post
When you submit or post any material via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.
The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, messages, ads, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of our site, including but not limited to all products, software and services offered via our website, such as the VIDEO channels, the "Embeddable Player," the "Uploader" and other applications.
In order to access some features of the Service, you will have to create an Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the support staff immediately of any breach of security or unauthorized use of your account. Although our company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of others due to such unauthorized use.
General Use of the Service—Permissions and Restrictions of our site hereby grant you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without our prior written authorization, unless we makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the pages of the Service itself, the Embeddable Player, or other explicitly authorized means that we may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain our prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from our site appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited Commercial Uses Do Not Include
Uploading an original video in our site, or maintaining an original channel, to promote your business or artistic enterprise; showing videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth or any use that we expressly authorizes in writing.
If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the website.
If you use the Uploader, you agree that it may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit our company to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. We reserve the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to our company, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
You shall not download any Content unless you see a “download” or similar link displayed by our staff on the Service for that Content.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of our company or the respective licensors of the Content. Our company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Vtubemobi.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against our company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless our company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content And Conduct
As a site account holder you may submit Content to the Service, including videos and user comments.
You understand that our site does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content in our site, you hereby grant our company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Vtubemobi.com (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
The above licenses granted by you in video, ad or messaging Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service.
You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted.
The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant our company all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to our Community Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and our company expressly disclaims any and all liability in connection with Content.
Our company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
Our Company reserves the right to remove Content without prior notice.
Account Termination Policy
We will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Our company reserve the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of 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; Identification of 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 permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Limitations On Linking And Framing
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
Limitations On Use Of Associated Press Materials
Some of the material available on this Site is provided by the Associated Press. By using this Site you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any Associated Press text, photo, graphic, audio, and/or video material; and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing. In addition to those set forth in this paragraph, the Associated Press may impose other terms and conditions on the use of its materials.
Access To Certain Features Of Our Site
To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide information such as your name and email address.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Notice.
We respect the privacy of the users of our Site. Please review our Privacy Notice.
These Terms include and fully incorporate our Privacy notice. Responsibility for Your Username and Password To use certain features of our Site, you will need a username and password to create an account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. Online Commerce Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties.
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours.
We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only.
You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Responsibility For User-Provided Content
This Site may include a variety of features, such as photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site.
This Site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules; (ii) that you are the owner of any material you post, send or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Site by you or by others using your username and password.
You also grant us a license to use the materials you post or submit via such features, as described above under the header “Rights and Restrictions Relating to Site Content.” Responsibility for what is posted on photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any email services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send.
We are not responsible for the speech, content, messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
Promotions & Banner Advertising
When you submit a banner ad or any type of ad (video promo, banner, picture, mp3, download ect.) for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication.
We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
Real Estate Advertisements
We welcome all real estate sources and companies from all over the world. Please list your services within our site.
All real estate that is listed within our site are of third party services and we do NOT authorize non-real estate listings that are not compliant within the law. All items under real estate are listed by our members and companies who are within our network and by no means do we operate any type of real estate services. All real estate services that violate our terms will be deleted without question. We ONLY want real estate companies, agents or agencies listing real estate within our website.
Equal Housing Opportunity The Federal Fair Housing Act makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Our Site may permit users to post, and search for, job openings. We do not knowingly accept listings regarding employment that are not for bona fide job opportunities. We also do not knowingly accept listings that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that a listing posted on our Site discriminates on any illegal basis, or is otherwise illegal, please contact us.
We encourage you to investigate fully and understand all aspects of any job you are considering.
Music Content Policy | Parental Advisory Labels
The Parental Advisory program is a voluntary program created and administered by the Recording Industry Association of America (RIAA). Under the Parental Advisory program, individual record companies, working with their artists, decide which of their releases should be labeled with a Parental Advisory Label. Recordings identified with the Parental Advisory Label may contain strong language or depictions of violence, sex or substance abuse. In this site you may hear or even see material that is considered very sexual, offensive or even flat out crazy. Understand that our music section is designed for the beginner and the professional and we do not by any means restrict any artist or bands or any music company from posting what they wish to post. You’ve been advised and we warn all on visiting our music section. If you are under the age of 16 we strongly advise adult supervision when listening to any music in our music directory.
Sometimes, record companies will release an edited version of a recording designated with the Parental Advisory Label. Such recordings are identified with an Edited notice which alerts customers that the recording has been modified by the record company from the original, and does not include all of the same content contained in the labeled version. The use of the Edited notice does not necessarily mean that all content that all listeners might find objectionable has been removed from the recording.
Security (Music & Downloads)
We recognize the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ commercially reasonable measures designed to protect your information from unauthorized access, disclosure and use.
However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Properties, we cannot and do not guarantee the security of any information you transmit on or through the Properties, and you do so at your own risk.
We will protect the privacy of all information you share with us. We will not disclose, sell or transfer any personal information to any third parties, except where required by law.
Music Download Agreement
The term “Music” as used herein shall mean all music, images, artwork, text, and other copyrightable materials available for download from our site.
You understand and acknowledge that your use of the Music is conditioned on your prior acceptance of the terms of this Agreement. You agree to use the Music solely in accordance with and compliance with the terms of this Download Agreement.
You may not, nor may not permit or allow others to, modify, improve, reverse compile, decompile, reverse assemble, reverse engineer, re-engineer, or disassemble the Music, in whole or in part. You may not upload any Music to the Internet, any intranet, or any private network. You shall not make any Music available through any file sharing system or program. You may not include any Music in any derivative work, without the written permission and/or paid lease directly with the artist, band, company or originating studio.
You may not distribute or otherwise transfer the Music except as expressly authorized herein. You may not copy or otherwise reproduce the Music except to the extent specifically authorized herein.
You agree to and shall comply with all local, state, federal, national, and international laws, statutes, ordinances, rules and regulations relating to this Agreement and your use of the Music, as protected by copyright law.
You understand and acknowledge that the Music includes materials from third parties and that we may provide links to certain third party web sites. You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Our company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.
The within Agreement is personal to you and neither this Agreement nor the Music may be sold, licensed, sublicensed, leased, loaned, assigned or otherwise advertised in any manner….unless approved of by the artist, band or music company.
Payment And Transactions
We do NOT and will NOT be involved in any transaction disputes and this is why we make sure that all transactions are done using PayPal.com services. Purchasing music within our site is purchasing directly from our members and NOT from our company, so understand that all music services within our network are of third party services unless we state otherwise.
We welcome all major and non-major record labels within our network and we will provide the needed protection for all pro level services.
We offer a 2 tier uploading process when it comes to uploading any type of music content within our network that provide a double layer of protection against hackers or any outsiders who may break into your account. All uploaded content into our network is ONLY removed upon request through our support staff and the content is ONLY removed for the person, member or company who uploaded the content.
We do NOT let our members operate any type of account settings, which include deleting content. In order for any content within our site to be removed you have to contact our support staff by FIRST filling out a ticket and ONLY after your account is proven we will remove or delete the content.
Live Video Streaming And Chat
Our Trust & Safety team uses a combination of automated systems and manual monitoring to ensure that all members of our live chat community are kept safe. Guided by our Community standards and site rules and Terms, we continuously monitor our live chat room to warn, suspend, or ban any users who violate our policies.
Our Live Streaming Technology is of very high quality and we do monitor whoever use these services within our site and without any warning we can and will delete or remove any Live Streaming Channel, Video or person who violate or terms.
UNDERSTAND CLEARLY that our Live Streaming Technology will never advertise or promote any type of XXX, NUDITY OR PORN. We are NOT a XXX website or tie to any XXX company or services that offer high sexual content. Our Live Streaming Features are ONLY for business and entertainment.
Illegal Use. Our site may not be used for illegal purposes. Examples of this include using our site for fraudulent purposes or operating a phishing site (used to obtain account and password information).
Spam. Users that do not write meaningful content, use deceptive means to generate revenue or traffic, or whose primary purpose is affiliate marketing, will be suspended.
Identity Theft and Privacy. Users that misleadingly appropriate the identity of another person are not permitted.
Users may not post other people’s personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver’s and other license numbers.
You may not post information such as other people’s passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
Hate Content, Defamation, and Libel. Hate speech and other objectionable content…
that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.
Disruptions and Exploits. We will terminate accounts and block our Live Streaming Features of those who attempt unauthorized use of our site.
Copyright. Using copyrighted material does not constitute infringement in all cases. In general, however, users should be careful when using copyrighted content without the permission of those who created it. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). WE STRONGLY ADVISE THAT YOU DO NOT USE COPYRIGHT MATERIAL.
Mass Registration and Automation. Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.
Sexually Explicit Video. Accounts that use our site Video Upload feature to regularly upload and host sexually explicit or pornographic material will be suspended without warning.
We hereby grants you permission to access and use the Service provided that you comply with these Terms. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE. Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of these, at any time. While we may attempt to notify you when major changes are made to the Terms you should nonetheless periodically review them to make sure you comply. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us.
Limitation On Use Of Company Directories
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information. Modifications to, or Discontinuation of, the Site.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout our Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE YOU WITH ACCESS TO THE SITE AND SERVICES.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. You acknowledge that by using the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be your sole responsibility.
You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals.
You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice.
You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Katherine Perry, Online Privacy Coordinator www.lawpractice.com Jones Law Department 4930 Jones Beach Drive Miami, FL 22157, Attn: Ms. Jones, or by email to firstname.lastname@example.org.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that the contact information provided in this paragraph is for suspected copyright infringement only.
Contact information for other matters is provided elsewhere in these Terms of Service or on the Site. Restrictions The Site is intended for use only by residents of the United States & ALL other countries over the age of 13. It may not comply with legal requirements of foreign countries.
Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Site, you agree to the transfer and processing of any personal information you provide to the U.S. as set forth in the Privacy Notice under the laws of the United States and the State of California, rather than under the law of your home country. Other This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral.
You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.