Terms of Service
This web site and our application for mobile devices (collectively, the "Site") is an online information service provided by VideoSurf Inc. ("VideoSurf"), and is available subject to your compliance with the terms and conditions set forth below. Currently, our intended audience is United States residents who are 18 years of age or older. If you are between 13 and 18, have a parent or guardian read these terms. This Site is not intended for anyone under 13 years of age. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of VideoSurf.
Terms of Service
Please read the following information carefully before using this Site because these terms govern your use of the Site. If you do not agree with any of these terms, do not use this Site. VideoSurf reserves the right, in its sole discretion, to modify, alter or otherwise update these terms at any time, and by using this Site after the posting of a modification, you accept the modifications.
Disclaimer of Warranties; Limitation of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIDEOSURF HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF ANY SEARCH OR THE RESULTS (OR LACK OF RESULTS) OF ANY SEARCH. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL VIDEOSURF BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO THE RESULTS OF ANY POSTINGS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100.00, whichever is less.
Privacy
Personal information transmitted to VideoSurf will be treated in accordance with our Privacy Policy.
Our Copyrighted Materials; Infringement Claims
The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by VideoSurf and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of VideoSurf or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any third party's rights, please contact VideoSurf immediately at the address provided below. Except as expressly provided herein, VideoSurf and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to VideoSurf's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. [link to separate Infringement Notice below]
Trademarks
Trademarks and service marks that may be referred to on this Site are the property of VideoSurf or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of VideoSurf or the VideoSurf logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain VideoSurf's written permission in advance.
Right to Preserve and Disclose
VideoSurf may preserve all information you provide. VideoSurf may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any information violates the rights of third parties; (d) protect the rights, property, or personal safety of VideoSurf, its users and/or the public; or (e) in the event that all or substantially all of VideoSurf's assets are acquired by a third party.
Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any content, or retrieve or record information about the Site or its users; (d) merge the Site with another program or create derivative works based on the Site or any portion thereof; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on any portion of the Site; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer any contents or access to the Site to others; (g) use, or allow the use of, the Site or any contents in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, VideoSurf and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Prohibited Content
You are solely responsible for the information you provide, and VideoSurf acts merely as a conduit for its distribution and publication. VideoSurf reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any information) if VideoSurf believes information you provide is inappropriate for the Site, may violate this Agreement, may create liability for VideoSurf, or may cause VideoSurf to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable. VideoSurf may also restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without notice, and without liability. You agree that the information you provide will not, to the best of your knowledge: (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an "adult" website; (C) contain hidden pages or images or "web bugs" or "web beacons"; (D) solicit personal information from anyone under eighteen (18) years of age; (E) harass or advocate harassment of another person; (F) infringe any third party's copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (G) include a photograph of another person that you have posted without that person's consent; (H) promote information or Material that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (I) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; or (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising).
Acceptance of Risks
You agree to accept all risks associated with the use of the Site and understand that any information posted using the Site may be accessed by third parties and should not be considered to be secure or protected. You are responsible for using your good judgment in what you post to the Site.
Your Comments Submitted to VideoSurf
Comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials) sent or transmitted to VideoSurf for purposes other than advertising groups, sponsorships or surveys (collectively "Comments") shall be deemed to be non-confidential and shall become the sole property of VideoSurf. Subject to the conditions described on the Privacy Policy, VideoSurf shall have no obligation of any kind with respect to such Comments and shall be free to use, copy, modify and/or distribute the Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Comments.
Ownership of Usage Data
VideoSurf may collect and aggregate data about your usage of the Site, and VideoSurf shall be the sole owner of such information. VideoSurf will use such data in accordance with the Privacy Policy.
Links
Although VideoSurf controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. VideoSurf includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that VideoSurf is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. VideoSurf reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by VideoSurf, and may have different terms of use and privacy policies, which VideoSurf encourages you to review.
Offensive Content; Release; California Civil Code Waiver
Content may be offensive, harmful or inaccurate. Despite VideoSurf's safety and privacy controls, VideoSurf cannot guarantee that its site is entirety free of illegal, offensive, pornographic or otherwise inappropriate material, or that its members will not encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and conduct. You can help VideoSurf by notifying us of any nudity or pornography, or harassment or unwelcome contact by clicking on the "Contact Us" link located on pages throughout the site.
You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release VideoSurf (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release VideoSurf (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnification
As a condition of use of this Site, you agree to indemnify VideoSurf from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions. If you are dissatisfied with any material on this Site or with any of terms and conditions of use of this Site, your sole and exclusive remedy is to discontinue using this Site.
Must Be At Least 18 Years Old to Use This Site
At this Site, VideoSurf makes no active effort to collect personal information from individuals under the age of 18. Although VideoSurf requires that Site users must be at least eighteen (18) years of age or older to view some content, you must nonetheless ensure that content you provide is acceptable for viewing by Site users who might not be adults.
Site Controlled from United States
This Site is controlled from offices within the United States. VideoSurf makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF CALIFORNIA WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF CALIFORNIA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.
Not Authorized to Do Business In Every Jurisdiction
VideoSurf is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to land, goods or services that are not available in your state or country.
Entire Agreement; Severability
You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions. You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and VideoSurf and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.
Contact Us
For further information, or inquiries about this Agreement, please contact:
VideoSurf, Inc.
400 S. El Camino Real
Suite 500
San Mateo, CA 94402
[email protected]
Last Update: 01-21-2009
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Service Provider(s):
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
- 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 the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
