- 1. Acceptance
- 2. General Use of the Website—Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, without Vesyves's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Vesyves's Embeddable Player or any of its related technologies.
C. You agree not to access Vesyves Content through any technology or means other than the video playback pages of the Website itself, the Vesyves Embeddable Player, or other explicitly authorized means Vesyves may designate.
D. You agree not to use the Website, including the Vesyves Embeddable Player for any commercial use, without the prior written authorization of Vesyves. Prohibited commercial uses include any of the following actions taken without Vesyves's express approval:
- Sale of access to the Website or its related services (such as the Embeddable
Player) on another website;
- Use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Vesyves website or any third-party website, targeted to the content of Vesyves content; and any use of the Website or its related services (such as the Embeddable player) that Vesyves finds, in its sole discretion, to use Vesyves's resources or User Submissions with the effect of competing with or displacing the market for Vesyves or Vesyves content.
E. Prohibited commercial uses do not include:
- Using the Embeddable Player to show Vesyves videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Vesyves;
- Any use that Vesyves expressly authorizes in writing.
F. If you use the Vesyves Embeddable Player on your website, you must include a prominent link back to the Vesyves website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Vesyves servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vesyves grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vesyves 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
J. Vesyves reserves the right to discontinue any aspect of the Vesyves Website at any time.
3. User Access of Website
In order to access some features of the Website, you may have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In addition, you agree to (i) immediately notify Vesyves of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Vesyves cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. Vesyves Website
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Vesyves Website.
A. The content on the Vesyves Website, 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 Vesyves, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vesyves reserves all rights not expressly granted in and to the Website and the Content.
i. Conduct Required for Use of the Service and User Comments.
It is a condition of your use of the Service and User Comments that you do not:
- a. restrict or inhibit any other user from using and enjoying the Service;
- b. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined;
- c. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
- d. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);
- e. post or transmit any information, software or other material that contains a virus or other harmful component;
- f. post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
- g. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
- h. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- i. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- j. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
- l. disguise a file type to thwart Vesyves's detection processes;
- m. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Vesyves Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vesyves Website or the Content therein.
6- Warranty Disclaimer
You understand that when using the Website, you will be exposed to Content, and that Vesyves is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or User Submissions. You further understand and acknowledge that you may be exposed to Content and User Submissions 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 Vesyves with respect thereto, and agree to indemnify and hold Vesyves, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Vesyves, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7- Limitation of Liability
IN NO EVENT SHALL VESYVES, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF VESYVES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS 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 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 SPECIFICALLY ACKNOWLEDGE THAT VESYVES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY 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 Vesyves from its facilities in the United States of America. Vesyves makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- 8. Indemnity
- 10. Assignment
- 11. Copyright Notice
The Vesyves Website is © 2008 ______________________. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, linked to, derived, or otherwise used for any purpose without the prior written permission of _______________.
All of the Vesyves trademarks are owned by _________________ and may not be used for any purpose without the prior written permission of _____________________.
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote Vesyves's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Vesyves from its offices within the state of Florida, United States of America. Vesyves makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Copyright/Intellectual Property Policy
("Vesyves") respects the intellectual property of others, and we ask our users and providers to do the same. It is Vesyves' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Vesyves and/or others.
15. Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) of the Copyright Act to confirm these requirements):
- 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 is 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.
Providing URLs in the body of an email is the best way to help us locate content quickly.
- 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.
- 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.
Such written notice should be sent to our designated agent as follows:
By mail: firstname.lastname@example.org
1655 Drexel Ave
Please also note that under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
1. Information Collection and Use
Vesyves does not require that you register in order to view its programming. Registration may be required to use certain interactive features such as posting comments, participating in user forums, and in order to receive notices about shows.
Vesyves collects personal information when you register with Vesyves, when you visit Website, when you sign up to receive notices of upcoming shows, when you enter promotions or sweepstakes, or any time you provide information to Vesyves about yourself. Vesyves may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, and other personally-identifying information ("Personal Information"). When you register with Vesyves and sign in to our services, you are not anonymous to us.
Vesyves automatically receives and records other non-personally-identifying information ("Non-Personal Information") on our server logs from your browser even if you do not register with Vesyves, for example, your IP address, Vesyves cookie information, and the page you visit.
Vesyves uses Non-Personal Information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
No part of the Vesyves website is directed at persons under 13. If you are under 13 years of age, then please do not use or access Vesyves at any time or in any manner.
Vesyves does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information from persons under 13 years of age.
If Vesyves learns that personally identifiable information of persons under 13 years of age has been collected on Vesyves without verified parental consent, then Vesyves will take the appropriate steps to delete this information.
2. Information Sharing and Disclosure
Vesyves does not rent, sell, or share Personal Information with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Vesyves under confidentiality agreements. These companies may use your Personal Information to help Vesyves communicate with you about offers from Vesyves and our marketing partners. However, these companies do not have any independent right to share this information.
We provide Non-Personal Information to interested third-parties for purposes of understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
We use both your Personal Information and certain Non-Personal Information to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We may share Personal Information in response to subpoenas, court orders, or other forms of legal process, or to establish or exercise our legal rights or defend against legal claims.
In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used.
Keep in mind that any personal information, or comments that you voluntarily disclose on the Website, for example on video viewing pages, or on discussion boards, becomes publicly available. Either your account name or your real name (your choice) is displayed to other Users when you send messages through the Website.
Vesyves utilizes a variety of techniques to display targeted advertisements to users, including the use by Vesyves of both Personal Information and Non-Personal Information.
Vesyves may utilize the third party advertisers or ad serving companies to display targeted advertisements to users, but Vesyves does not provide any Personal Information to any third party advertisers.
Vesyves may set and access Vesyves cookies on your computer. You may disable these cookies within your browser, but some portions of the Website may require that your Vesyves cookies be enabled.
Vesyves lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Vesyves' cookies.
5. Confidentiality and Security
Vesyves uses commercially reasonable technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any Personal Information you transmit to Vesyves and you do so at your own risk.
We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with Personal Information to provide products or services to you or in order to do their jobs.
6. Your Ability to Edit and Delete Your Account Information
You can edit your Vesyves account information at any time by visiting your account profile page.
We reserve the right to use your Personal Information in order to send you certain communications relating to the Vesyves service, such as service announcements, and administrative messages, that are considered part of your Vesyves account, without offering you the opportunity to opt out of receiving them.
You can deactivate your Vesyves account by editing your account profile.
7. International Users
Vesyves may update this policy at any time in its sole discretion and without prior notice. We will strive to notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your Vesyves account and/or by placing a notice on the Website.
9. Effective Date
10. Contact Information