Vtorial Terms of Use
Welcome to Vtorial, a service that
enables its users to exchange knowledge and to learn from each other primarily
through videos.
1. Your Acceptance
The following Terms of Use ("Agreement") define the legally binding
terms for your use of Vtorial.com. This Agreement applies to all users of the Vtorial.com
Website and Services including users who are also contributors of video
content, information, and other materials or services on the Website. By using
and or visiting this website (including all Content and Services available
through Vtorial.com, the "Website", or " Vtorial Website"),
you indicate your consent to these Terms of Use and of Vtorial's privacy
policy and copyright terms, and which are
incorporated herein by reference. If you do not agree to any of these terms,
please do not use the Vtorial Website.
2. Website Access
A. Vtorial hereby grants you permission to visit and or use the Website as set
forth in this Agreement, provided that: (a) your use of the Website as
permitted is solely for your personal, noncommercial use apart from those that Vtorial
approved explicitly; (b) you will not change or modify any part of the Website
other than as may be reasonably necessary to use the Website for its intended
purpose; (c) you will not distribute or copy any part of the Website in any
medium without the prior written authorization of Vtorial; and (d) you will
otherwise comply with the terms and conditions of these Terms of Use.
B. You need an account, to access some features of the Website. You may never
use another's account without permission. When creating your account, you agree
to provide complete and accurate information. You are the only responsible for
any activity that takes place on your account, and you agree to keep your
account password secure. You agree to notify Vtorial at once of any
unauthorized use of your account. You may be liable for the losses of Vtorial
or others due to such unauthorized use, although Vtorial will not be liable for
your losses caused by any unauthorized use of your account.
C. You agree not to use or launch any automated system, including without
limitation, "offline readers," "robots,"
"spiders," that accesses the Website in a way that sends more request
messages to the Vtorial servers in a given time period than a human can
reasonably generate in the same period by using a standard online web browser.
Despite the foregoing, Vtorial grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Vtorial reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website.
3. Intellectual Property Rights
The content on the Vtorial Website, except all User-Added Content, as defined
below, including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to Vtorial. Content on
the Website is provided to you ‘as is’ for your information and personal use
only and may not be used, copied, distributed, reproduced, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
Vtorial reserves all rights not explicitly granted in and to the Website and
the Content. You agree to not engage in the use, distribution, or copying of
any of the Content other than explicitly permitted, including any use, copying,
or distribution of User-Added Content of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Vtorial Website or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the Vtorial Website or the Content therein.
4. User-Added Content
A. The Vtorial Website permits users with a valid Vtorial account to add videos
or other content, including but not limited to descriptions, tags, images, audio
and/or comments ("User-Added Content") and the hosting, sharing,
and/or publishing of that content. You understand that whether or not such
User-Added Content is published, Vtorial does not guarantee any confidentiality
with respect to any content added. You are solely responsible for your own
User-Added Content and the consequences of publishing or posting it.
B. You retain all your ownership rights in your User-Added Content. In
connection with User-Added Contents, you affirm, and/or warrant that you own or
have the necessary licenses, rights, consents over your User-Added Content, as
well as the permissions to authorize Vtorial to use all copyright, patent,
trademark, trade secret, or other proprietary rights in and to any and all
User-Added Content to enable inclusion and use of User-Added Content in the way
contemplated by the Website and these Terms of Use.
C. You have the permission, release, and/or written consent of each and every
identifiable individual person in the User-Added Content to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User-Added Content in the manner contemplated by the
Website and these Terms of Service.
D. By submitting User-Added Content to Vtorial, you hereby grant Vtorial a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, distribute, reproduce, prepare derivative works of, display, and
perform the User-Added Content in connection with the Vtorial Website and Vtorial's
(and its successor's) business, including without limitation for research, as
well as for promoting and redistributing part or all of the Vtorial Website
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Vtorial Website a
non-exclusive license to access your User-Added Content through the Website,
and to use, reproduce, distribute, prepare derivative works of, display and
perform such User-Added Content as permitted through the functionality of the
Website and under this Agreement. The foregoing license granted by you
terminates once you remove or delete a User-Added Content from the Vtorial
Website.
E. You agree that you will not submit material that is (a) unlawful, obscene,
defamatory, threatening, pornographic, harassing, hateful, ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, is copyrighted (see our
Copyright Policy) or is otherwise inappropriate; (b) a advertisements or
solicitations of business; (c) any form of misrepresentation that could damage Vtorial
or any third party. Vtorial does not endorse any User-Added Content or any
opinion, recommendation, or advice expressed therein, and Vtorial expressly
disclaims any and all liability in connection with User-Added Content.
F. Vtorial reserves the right to remove User-Added Content without prior
notice. Vtorial will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has had a
User-Added Content removed from the Website more than twice and/or has been
notified of infringing activity more than twice. Vtorial also reserves the
right to decide whether a User-Added Content is appropriate and complies with
these Terms of Use for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. Vtorial may
remove such User-Added Content and/or terminate a User's access to add such
content in violation of this Agreement at any time, at its sole discretion and
without prior notice.
G. You understand that when using the Vtorial Website, you will be exposed to
User-Added Content from a variety of sources, and that Vtorial is not
responsible for the accuracy, safety, usefulness, or intellectual property
rights of or relating to such User-Added Content. You further understand and
acknowledge that you may be exposed to User-Added Content that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against Vtorial
with respect thereto, and agree to indemnify and hold Vtorial, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
H. Vtorial permits you to link to materials on the Website for personal,
non-commercial, purposes only. Furthermore, Vtorial provides an
"Embeddable Player" feature, which you may incorporate into your own
non-commercial, personal websites for use in accessing the materials on the
Website. If you chose to do so, you agree to include a well-visible link back
to the Vtorial website on the pages containing the Embeddable Player. Vtorial
reserves the right to discontinue any aspect of the Vtorial Website at any time.
5. Copyright Policy
In connection with User-Added Content, you also agree you will not submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Vtorial all of the license rights granted
herein; Vtorial does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and Vtorial will
remove all User-Added Content if properly notified that such User-Added Content
infringes on another's intellectual property rights. If you are a copyright
owner or an agent thereof and believe that any User-Added Content or other
content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our
Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
Vtorial's Copyright Agent for notice of claims of copyright infringement can be
reached at email: copyright@vtorial.com.
6. User Disputes
You are solely responsible for your interactions with other Vtorial users. We
reserve the right, but have no obligation, to monitor disputes between you and
other users.
7. Limitation on Liability
IN NO EVENT SHALL VTORIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (a) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (c) ANY
BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (e) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
INFORMATION STORED THEREIN, (f) ANY ERRORS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VTORIAL WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU ALSO ACKNOWLEDGE THAT THE VTORIAL WEBSITE MAY CONTAIN LINKS TO THIRD PARTY
WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY VTORIAL. VTORIAL HAS NO CONTROL
OVER, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRACTICES, OR PRIVACY
POLICIES OF ANY THIRD PARTY WEBSITES. BY USING THE WEBSITE, YOU EXPRESSLY
RELIEVE VTORIAL FROM ANY LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY
WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT VTORIAL SHALL NOT BE LIABLE FOR USER-ADDED
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Vtorial from its facilities in US. Vtorial
makes no representations that the Vtorial Website is appropriate or available
for use in other locations. Those who access or use the Vtorial Website from
other jurisdictions do so at their own volition and are responsible for
compliance with local law.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VTORIAL WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, VTORIAL, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VTORIAL MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY INFORMATION STORED THEREIN, (d) ANY INTERRUPTION
OF TRANSMISSION TO OR FROM THE WEBSITE, (e) ANY BUGS, OR VIRUSES WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE. VTORIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND VTORIAL WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of
13, as the Vtorial Website is not intended for people under the age of 13. If
you are under 13 years of age, then please do not use the Vtorial Website.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by Vtorial without
restriction.
11. Indemnity
You agree to defend, indemnify and hold harmless Vtorial, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (a) your
use of and access to the Vtorial Website; (b) your violation of any term of
these Terms of Service; (c) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (d) any claim
that one of your User-Added Content caused damage to a third party. This
defense and indemnification obligation will survive these Terms of Service and
your use of the Vtorial Website.
12. Other
You agree that: These Terms of Use, together with the Privacy Notice and any
other legal notices published by Vtorial on the Website, shall constitute the
entire agreement between you and Vtorial concerning the Vtorial Website. If any
provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and Vtorial's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Vtorial reserves the right to
amend these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the Vtorial Website following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms.
This Terms of Use Agreement was last modified August 8, 2007.
For any questions or comments about this Agreement, please contact us at info@vtorial.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.