|
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.
|