1. ServiceThis Site provides a worldwide video search engine.
3. User Content3.1 If, at our request or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘User Content), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
3.3 You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third parties or us as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content by you or any third party.
4. Restricted activities4.1 VIDMOON prohibits the use of any of its Services in any of the following ways:
- Spamming (e-mail, Usenet, message boards, etc.);
- Copyright, trademark, and patent infringement;
- Defamatory or abusive language;
- IP Spoofing;
- Illegal or unauthorized access to other computers or networks;
- Distribution of Internet viruses, worms or other destructive activities;
- Interfering with or disrupting the integrity or performance of the Services or the data contained therein;
- Sending infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights;
- Launching any pop-ups from our Services.
- Attacking in any way shape or form any other computer or network while on our Services.
- Any and all other illegal activities.
5. User Conduct5.1 A computer or other equipment enabled to access the Internet (“Device”) is required to use the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Services.
5.2 VIDMOON may not be used to misrepresent or to act on behalf of others.
5.3 You shall at all times abide by all applicable local, state, national laws, treaties and regulations in connection with your use of the Services, including those related to data privacy.
6. Intellectual PropertyVIDMOON graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of VIDMOON. VIDMOON trademarks, trade dress and copyrighted work may not be used in connection with any product or service without the prior written consent of VIDMOON.
7. Termination7.1 You agree that VIDMOON in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time. VIDMOON may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
8. Disclaimer of warranties:8.1 VIDMOON makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. VIDMOON does not represent or warrant that:
- the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- the Services will meet your requirements or expectations;
- errors or defects will be corrected, or the Services are free of viruses or other harmful components.
8.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
8.3 You expressly agree that use of the Services is at your sole risk.
9. Limitation of Liability:In no event shall VIDMOON be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of VIDMOON, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate amount paid by the claimant to VIDMOON in the subscription period prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim. VIDMOON shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10. DMCA:10.1 VIDMOON owns, protects and enforces copyrights in its own creative material and respects the copyrighted properties of others. Materials may be made available on or via the Site by third parties not within the control of VIDMOON. It is our policy not to permit materials known by us to be infringing to remain on this site. If you are a copyright owner or an agent thereof and believe that any User Content, or other content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) identification of the User Content, or other content, 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; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the User Content, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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.
10.2 Pursuant to the DMCA 17 U.S.C. 512 (c), VIDMOON has designated the Chief Legal Officer and General Counsel of VIDMOON, LLC, the parent company of VIDMOON, as its agent ("Agent") for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Site Web site. The Agent contact information is: [insert address], email: email@example.com For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the beginning of this Agreement. You expressly acknowledges that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
10.3 If you believe that your User Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that you have authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Content, or other content, you may send a counter-notice containing the following information to the Agent: (i) your physical or electronic signature; (ii) identification of the User Content, or other content, that has been removed or to which access has been disabled and the location at which the User Content, or other content appeared on the Site prior to the point at which such User Content, or other content, was removed or disabled; (iii) a statement that you have a good faith belief that the User Content, or other content, was removed or disabled as a result of mistake or a misidentification of the User Content, or other content; and (iv) Your name, address, telephone number, and, if available, an electronic mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the party that provided notification of the alleged infringement. If a counter-notice is received by the Agent, the Site may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (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 the Site's sole discretion.
10.4 The Site suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.
11. Indemnity:11.1 You hereby expressly and irrevocably release and forever discharge VIDMOON, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
11.2 You hereby agree to indemnify and hold VIDMOON harmless, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by you or any person using your account, or (iii) your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) Any claim that your use caused damage or injury to any third party.
13.6 Notices: All notices given by you or required under this Agreement shall be in writing and addressed to firstname.lastname@example.org