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Terms and Conditions

 

They show that we attach, and shall continue to attach great importance to the collective nature of the website, while respecting the rights of all. WE ASK THAT YOU READ THESE TERMS OF USE CAREFULLY. If you have any questions, please do not hesitate to contact us at support@video-funny.com.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Video-Funny Services. By accessing and/or using the Video-Funny Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Video-Funny Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Video-Funny Services without being registered) or you are a "Member" (which means that you have registered with Video-Funny). The term "User" refers to a Visitor or a Member. You are authorized to use the Video-Funny Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Video-Funny Services, you must indicate your acceptance of this Agreement during the registration process.Video-Funny reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Video-Funny Services. All material modifications will apply prospectively only. Your continued use of the Video-Funny Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Video-Funny Services immediately.

 

A. Description of the Website

 

Video-Funny.com is an innovative and original free media hosting website which enables users to access, view, upload, share and comment on their personal videos, audios images, photos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 150 MB and 20 minutes for bandwidth cost control reasons. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.

 

B. Eligibility.

 

Use of the Video-Funny Services and registration to be a Member for the Video-Funny Services (“Membership”) is void where prohibited. By using the Video-Funny Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Video-Funny Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

 

C. Term.

 

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Video-Funny Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Video-Funny may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Video-Funny reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, videos, audios,photos,images private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Video-Funny Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Video-Funny reserves the right, in its sole discretion, to reassign or rename your profile URL. Video-Funny expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Video-Funny Services if Video-Funny determines, in its sole discretion, that you have violated this Agreement or pose a threat to Video-Funny, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect,  without limitation.

 

D.  Fees.

 

You acknowledge that Video-Funny reserves the right to charge for any portion of the Video-Funny Services and to change its fees (if any) from time to time in its discretion. If Video-Funny terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

 

E.  Password.

 

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Video-Funny immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Video-Funny cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

F.  Proprietary Rights in Content on Video-Funny

 

Video-Funny does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Video-Funny Services. After posting your Content on, through or in connection with the Video-Funny Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Video-Funny Services, you hereby grant to Video-Funny a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Video-Funny Services, including, without limitation, through the Video-Funny Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Video-Funny account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Video-Funny Services and any Content included therein, in any media formats (video, audio,images,photos)and through any media channels, except that Content marked “private” will not be distributed by Video-Funny outside the Video-Funny Services and Linked Services. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Video-Funny Services, Video-Funny is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

 

G. Video-Funny content on the Website

 

With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "Video-Funny Content") is either owned by or licensed to Video-Funny, and is subject to copyright, trade mark rights, and other intellectual property rights of Video-Funny or Video-Funny's licensors. Any third party trade or service marks present on the Video-Funny Content are trade or service marks of their respective owners.

Video-Funny Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Video-Funny, or Video-Funny's licensors. Video-Funny reserves all rights not expressly granted in and to the Video-Funny Content.

 

H. Content Posted.

 

Please choose carefully the information (video, audio,images,photos) that you post on, through or in connection with the Video-Funny Services and that you provide to other Users. Your Video-Funny profile may not include any form of Prohibited Content, as outlined in Section below. Despite this prohibition, information, materials, products or services provided by other Video-Funny Members (for instance, in their profiles or in their video, audio,images,photos) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Video-Funny assumes no responsibility or liability for this material. If you become aware of misuse of the Video-Funny Services by any person or Linked Service, please click on the "Contact us” .

 Video-Funny may reject, refuse to post or delete any Content(video, audio,images,photos)  for any or no reason, including, but not limited to, Content ( video,audio,images) that in the sole judgment of Video-Funny violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Video-Funny assumes no responsibility for monitoring the Video-Funny Services for inappropriate Content ( video,audio,images) or conduct. If at any time Video-Funny chooses, in its sole discretion, to monitor the Video-Funny Services, Video-Funny nonetheless assumes no responsibility for the Content( video,audio,images) , no obligation to modify or remove any inappropriate Content ( video,audio,images), and no responsibility for the conduct of the User submitting any such Content (video, audio,images,photos).

You are solely responsible for the Content ( video,audio and images) that you post on, through or in connection with any of the Video-Funny Services, and any material or information that you transmit to other Members and for your interactions with other Users.

 

I.Content/Activity Prohibited.

 

The following are examples of the kind of Content ( video,audio,images) that is illegal or prohibited to post on, through or in connection with the Video-Funny Services. Video-Funny reserves the right to investigate and take appropriate legal action against anyone who, in Video-Funny's sole discretion, violates this provision, including, without limitation, removing the offending Content ( video,audio,images) from the Video-Funny Services, terminating the Membership of such violators and/or reporting such Content ( video,audio,images) or activities to law enforcement authorities. Prohibited Content ( video,audio,images) includes, but is not limited to, Content ( video,audio,images) that, in the sole discretion of Video-Funny:

1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4.contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

5. solicits or is designed to solicit personal information from anyone under 18;

6. publicly posts information that poses or creates a privacy or security risk to any person;

7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

9.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

11. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

12. involves commercial activities and/or sales without prior written consent from Video-Funny such as contests, sweepstakes, barter, advertising, or pyramid schemes;

13.includes a photograph or video of another person that you have posted without that person's consent;

14.for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

15.violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

16.criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

 

J. DEALINGS WITH ADVERTISERS

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Video-Funny  ! Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Video-Funny ! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Video-Funny services.

 

K. Links

 

The Video-Funny! Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Video-Funny! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Video-Funny! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

L.  Trademark Information

 

You agree that all of Video-Funny’s trademarks, trade names, service marks and other Video-Funny ! logos and brand features, and product and service names are trademarks and the property of Video-Funny!  (the " Video-Funny! Marks"). Without Video-Funny 's prior permission, you agree not to display or use in any manner the Video-Funny! Marks

 

M. Privacy.

 

Use of the Video-Funny Services is also governed by our Privacy policy, which is incorporated into this Agreement by this reference.

 

N. Disclaimers.

 

Video-Funny is not responsible for and makes no warranties, express or implied, as to the User Content(video, audio,images,photos) or the accuracy and reliability of the User Content(video, audio,images,photos) posted through or in connection with the Video-Funny Services or Linked Services, by Users of the Video-Funny Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Video-Funny. In addition, Video-Funny is not responsible for any damage, injury or loss caused by Users of the Video-Funny Services or by any of the equipment or programming associated with or utilized in the Video-Funny Services or Linked Services. Profiles the video, audio,images,photos and Linked Services created and posted by Members on, though or in connection with the Video-Funny Services may contain links to other websites or services. Video-Funny is not responsible for the Content(video, audio,images,photos) , accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Video-Funny. Inclusion of any linked website or service on the Video-Funny Services does not imply approval or endorsement of the linked website or service by Video-Funny. When you access these third party sites and services, you do so at your own risk. Video-Funny takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Video-Funny Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Video-Funny is not responsible for the conduct, whether online or offline, of any User of the Video-Funny Services or Linked Services. Video-Funny assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Video-Funny is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Video-Funny Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Video-Funny Services or Linked Services. Under no circumstances shall Video-Funny be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Video-Funny Services or Linked Services, attendance at a Video-Funny event, from any User Content (video, audio,images,photos) posted on or through the Video-Funny Services or Linked Services, or from the conduct of any Users of the Video-Funny Services, whether online or offline. The Video-Funny Services and Linked Services are provided "AS-IS" and as available and Video-Funny expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Video-Funny cannot guarantee and does not promise any specific results from use of the Video-Funny Services or Linked Services.

 

O. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.YOUR USE OF THE VIDEO-FUNNY! SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE VIDEO-FUNNY! SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIDEO-FUNNY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  AND NON-INFRINGEMENT.

b. VIDEO-FUNNY! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE VIDEO-FUNNY! SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE VIDEO-FUNNY! SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIDEO-FUNNY! SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VIDEO-FUNNY! SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VIDEO-FUNNY! SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

P. Third Party Ad Advertising

 

Video-Funny or its advertisers may use third party ad networks and ad serving companies to help sell and present advertisements online in connection with the Website. These third party ad companies may use cookies, web beacons or similar technologies to help present such advertisements, to help measure and research the advertisements' effectiveness and to compile anonymous statistics about Video-Funny users. The use of these technologies by these third party ad companies is subject to their own privacy policies, not Video-Funny's. These third party ad companies may also monitor Video-Funny for the purpose of reporting website traffic, statistics, advertisements, "click-throughs" and/or other activities. You can disable cookies, including those used by ad networks, by following the instructions in your web browser.  Video-Funny does not provide advertisers access to any personally identifiable information that you have provided to Video-Funny (keeping in mind that anything you have elected to share publicly on the site is available to everyone to see).

 

Q. . Member Disputes.

 

You are solely responsible for your interactions with other Video-Funny Users, third party developers or any other parties with whom you interact through the Video-Funny Services and/or Linked Services. Video-Funny reserves the right, but has no obligation, to become involved in any way with these disputes.

 

R. Protecting Copyrights and Other Intellectual Property.

 

Use of the Video-Funny Services is also governed by our Copyright informaticion, which is incorporated into this Agreement by this reference.

 

S. Limitation on Liability.

 

IN NO EVENT SHALL VIDEO-FUNNY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE VIDEO-FUNNY SERVICES OR LINKED SERVICES, EVEN IF VIDEO-FUNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIDEO-FUNNY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIDEO-FUNNY FOR THE VIDEO-FUNNY SERVICES DURING THE TERM OF MEMBERSHIP

 

T. Disputes.

 

The Agreement shall be governed by, and construed in accordance with, the laws of the Romanian state without regard to its conflict of law provisions. You and Video-Funny agree to submit to the exclusive jurisdiction of the courts located in Romania to resolve any dispute arising out of the Agreement or the Video-Funny Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL  IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTE.

 

 

 

 

 

 



 
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