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tom of Form
This agreement was written in English (US). To
the extent any translated version of this agreement conflicts with the English
version, the English version controls. Please note that Section 16 contains
certain changes to the general terms for users outside the United States.
Date of Last Revision: November 11, 2010.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives
from the VideoInvitation.net policy, and governs our relationship with users
and others who interact with VideoInvitation.net. By using or accessing VideoInvitation.net,
you agree to this Statement.
- Privacy
Your privacy is very important to us. We designed our Privacy Policy to
make important disclosures about how you can use VideoInvitation.net to
share with others and how we collect and can use your content and
information. We encourage you to read the Privacy Policy, and to use
it to help make informed decisions.
Sharing Your
Content and Information
- For content that is covered by intellectual
property rights, like photos and videos ("IP content"), you
specifically give us the following permission: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any IP content that you post on or in connection with
VideoInvitation.net ("IP License"). This IP License ends when
you delete your IP content or your account unless your content has been
shared with others, and they have not deleted it.
- When you delete IP content, it is deleted
in a manner similar to emptying the recycle bin on a computer. However,
you understand that removed content may persist in backup copies for a
reasonable period of time.
- When you share content or information using
the video invitation services, it means that you are allowing everyone,
including people off of VideoInvitation.net, to access and use that
information, and to associate it with you (i.e., your name, your email
address, account details, videos, pictures, graphic, images, logos or
anything and everything that you have posted or created by using our
customization features).
- We always appreciate your feedback or other
suggestions about VideoInvitation.net, but you understand that we may use
them without any obligation to compensate you for them (just as you have
no obligation to offer them).
- Safety
We do our best to keep VideoInvitation.net safe, but we cannot guarantee
it. We need your help to do that, which includes the following
commitments:
- You will not send or otherwise post
unauthorized commercial communications (such as spam) on VideoInvitation.net.
- You will not collect users' content or
information, or otherwise access VideoInvitation.net, using automated
means (such as harvesting bots, robots, spiders, or scrapers) without our
permission.
- You will not engage in unlawful multi-level
marketing, such as a pyramid scheme, on VideoInvitation.net.
- You will not upload viruses or other
malicious code.
- You will not solicit login information or
access an account belonging to someone else.
- You will not bully, intimidate, or harass
any user.
- You will not post content that: is hateful,
threatening, or pornographic; incites violence; or contains nudity or
graphic or gratuitous violence.
- You will not develop or operate a
third-party application containing alcohol-related or other mature
content (including advertisements) without appropriate age-based
restrictions.
- You will not offer any contest, giveaway,
or sweepstakes ("promotion") on VideoInvitation.net without our
prior written consent. If we consent, you take full responsibility for
the promotion, and will follow all applicable laws.
- You will not use VideoInvitation.net to do
anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could
disable, overburden, or impair the proper working of VideoInvitation.net,
such as a denial of service attack.
- You will not facilitate or encourage any
violations of this Statement.
- Registration and Account Security
VideoInvitation.net users provide their real names and information, and we
need your help to keep it that way. Here are some commitments you make to
us relating to registering and maintaining the security of your account:
- You will not provide any false personal
information on VideoInvitation.net, or create an account for anyone other
than yourself without permission.
- You will not create more than one personal
profile.
- If we disable your account, you will not
create another one without our permission.
- You will not use your personal account for
your own commercial gain (such as selling your account to an advertiser).
- You will not use VideoInvitation.net if you
are under 13.
- You will not use VideoInvitation.net if you
are a convicted sex offender.
- You will keep your contact information
accurate and up-to-date.
- You will not share your password, (or in
the case of developers, your secret key), let anyone else access your
account, or do anything else that might jeopardize the security of your
account.
- You will not transfer your account to
anyone.
- If you select a username for your account
we reserve the right to remove or reclaim it if we believe appropriate
(such as when a trademark owner complains about a username that does not
closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any
action on VideoInvitation.net that infringes or violates someone else's
rights or otherwise violates the law.
- We can remove any content or information
you post on VideoInvitation.net if we believe that it violates this
Statement.
- If you repeatedly infringe other people's
intellectual property rights, we will disable your account when
appropriate.
- You will not use our copyrights or
trademarks (including VideoInvitation.net, Video Invitation logo,
videoinvitation.net logo), or any confusingly similar marks, without our
written permission.
- If you collect information from users, you
will: obtain their consent, make it clear you (and not VideoInvitation.net)
are the one collecting their information, and post a privacy policy
explaining what information you collect and how you will use it.
- You will not post anyone's identification
documents or sensitive financial information on VideoInvitation.net.
- You will not send invitations or cards to anyone
without their consent.
- Amendments
- We can make changes for legal or
administrative reasons, or to correct an inaccurate statement, upon
notice without opportunity to comment.
- Disputes
- WE TRY TO KEEP VIDEOINVITATION.NET UP,
BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING VIDEOINVITATION.NET
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT VIDEOINVITATION.NET
WILL BE SAFE OR SECURE. VIDEOINVITATION.NET IS NOT RESPONSIBLE FOR THE
ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE
US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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." WE WILL NOT BE LIABLE TO YOU FOR ANY
LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR VIDEOINVITATION.NET,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR VIDEOINVITATION.NET
WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT
YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, VIDEOINVITATION.NET'S LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users
Outside the United States
We strive to create a global community with consistent standards for
everyone, but we also strive to respect local laws. The following
provisions apply to users outside the United States:
- You consent to having your personal data
transferred to and processed in the United States.
- If you are located in a country embargoed
by the United States, or are on the U.S. Treasury Department's list of
Specially Designated Nationals you will not engage in commercial
activities on VideoInvitation.net (such as advertising or payments) or
operate a Platform application or website.
- Definitions
- By VideoInvitation.net we mean
the features and services we make available, including through (a) our
website at www.VideoInvitation.net
and any other VideoInvitation.net branded or co-branded websites
(including sub-domains, international versions, widgets, and mobile
versions); (b) our Platform; (c) social plugins such as the like button,
the share button and other similar offerings and (d) other media,
software (such as a toolbar), devices, or networks now existing or later
developed.
- By "Platform" we mean a set of
APIs and services that enable others, including application developers
and website operators, to retrieve data from VideoInvitation.net or
provide data to us.
- By "information" we mean facts
and other information about you, including actions you take.
- By "content" we mean anything you
post on VideoInvitation.net that would not be included in the definition
of "information."
- By "data" we mean content and
information that third parties can retrieve from VideoInvitation.net or
provide to VideoInvitation.net through Platform.
- By "post" we mean post on VideoInvitation.net
or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy,
publicly perform or display, distribute, modify, translate, and create
derivative works of.
- By "active registered user" we
mean a user who has logged into VideoInvitation.net at least once in the
previous 30 days.
- By "application" we mean any
application or website that uses or accesses Platform, as well as
anything else that receives or has received data from us. If you no
longer access Platform but have not deleted all data from us, the term
application will apply until you delete the data.
- Other
- If you are a resident of or have your
principal place of business in the US or Canada, this Statement is an
agreement between you and VideoInvitation.net, Inc. Otherwise, this
Statement is an agreement between you and VideoInvitation.net Ireland
Limited. References to “us,” “we,” and “our” mean either VideoInvitation.net,
Inc. or VideoInvitation.net Ireland Limited, as appropriate.
- This Statement makes up the entire
agreement between the parties regarding VideoInvitation.net, and
supersedes any prior agreements.
- If any portion of this Statement is found
to be unenforceable, the remaining portion will remain in full force and
effect.
- If we fail to enforce any of this
Statement, it will not be considered a waiver.
- Any amendment to or waiver of this
Statement must be made in writing and signed by us.
- You will not transfer any of your rights or
obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under
this Statement are freely assignable by us in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us
from complying with the law.
- This Statement does not confer any third
party beneficiary rights.
- You will comply with all applicable laws
when using or accessing VideoInvitation.net.
VideoInvitation.net © 2010 • English (US)
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