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Terms of Service

 Virtual Media®®
Virtual Media® is a service provided by Virtual Media®, Inc. (hereinafter collectively "Virtual Media® and or VM™) for Virtual Media® registered members to create a Virtual Media® Channel in order to broadcast, archive and share video content and related data over the Internet ("Videos"); only registered members can use this service. To become a member, Member ("Member") must first agree to comply with current Terms of Service.
 Changes to terms of services

Virtual Media® reserves the right to change Terms of Service at its sole discretion and at any time, and Member must comply with such changes. Updates made by Virtual Media® from time to time can be made without notice to Member. Notifications may appear on the Virtual Media® web site. Members who violate the Terms of Service may have their membership revoked.

 Description of services

In order to use Virtual Media®, Member must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that, in some cases, Members of Virtual Media® have created certain areas on Virtual Media® that may contain adult or mature content without Virtual Media®'s prior knowledge. Members should report any violations like this and of the Privacy Policy and Terms of Service by filling out and submitting the Virtual Media® Violation Report Form. All Members of Virtual Media® must be at least 13 years of age to create a Virtual Media® Channel and to access and view Virtual Media®.

 Member Registration Obligations

In consideration of Member's use of Virtual Media®, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by Virtual Media®'s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or Virtual Media® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Virtual Media® has the right to suspend or terminate Member's Channel and refuse any and all current or future use of Virtual Media® (or any portion thereof). Virtual Media® is concerned about the safety and privacy of all its users, particularly children. For this reason, Virtual Media® is intended for users at least 13 years of age. When Member creates an Virtual Media® Channel, Member certifies that Member is at least 13 years of age. Please remember that Virtual Media® is designed to appeal to a broad audience. Accordingly, it is Member's responsibility to determine whether any of Virtual Media® and/or Content (as defined in Section 8 below) is appropriate for Member's own viewing.

 Contact Information

4. VALID E-MAIL ADDRESS. Member will maintain a valid e-mail address as part of Member's Virtual Media® membership profile at all times.

 Virtual Media® Privacy Policy
Registration Data and certain other information about Member are subject to our Privacy Policy. For more information, please see our full privacy policy.
 Member status, password & Security
Members will receive a password and channel designation upon completing Virtual Media®'s registration process. Members are responsible for maintaining the confidentiality of the password and channel, and are fully responsible for all activities that occur under Member's password or channel. Member agrees to (a) immediately notify Virtual Media® of any unauthorized use of Member's password or channel or any other breach of security, and (b) ensure that Member exits from Member's channel at the end of each session. Virtual Media® cannot and will not be liable for any loss or damage arising from Member's failure to comply with this Section 6.
 Restrictions & Use

A. Members shall use the site for lawful purposes only. Member shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Virtual Media®'s express prior approval, Member shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. Member shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by Member that in Virtual Media®'s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. Member may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download one copy of any copyrighted material for their personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Virtual Media® and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material.

C. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

 MEMBER CONDUCT

Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

Member agrees to not use Virtual Media® to:

A. Impersonate a Virtual Media® official, Administrator, or falsely state or otherwise misrepresent Member's affiliation with a person or entity;

B. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

C. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

D. interfere with or disrupt Virtual Media® or servers or networks connected to Virtual Media®, or disobey any requirements, procedures, policies or regulations of networks connected to Virtual Media®;

E. "stalk" or otherwise harass another.

Member acknowledges that Virtual Media® does not pre-screen Content.

 PUBLIC VIEWING
Member acknowledges and understands that Member intends videos submitted to Virtual Media® by Member for public viewing. Such videos may be viewed by any other person having access to the Internet. Any other person having access to the Internet may view such videos.
 PUBLIC CONTENT POSTED TO Virtual Media®
With respect to Content, Member elects to post to publicly accessible areas of Virtual Media®, Member grants Virtual Media® the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, promote and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
 NO RESALE OF SERVICE
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Virtual Media®, use of Virtual Media®, or access to Virtual Media®
 General Practices Regarding Use and Storage
Member acknowledges that Virtual Media® reserves the right to terminate or move Members that are inactive for an extended period of time. Member further acknowledges that Virtual Media® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
 DELETION OF VIDEOS
In the event Membership is revoked, Virtual Media® may, at its sole discretion, delete and/or remove from Virtual Media® servers all Virtual Media® Channels and videos previously submitted by Member to be hosted on an Virtual Media® server and published on the Internet through Virtual Media®. Further, Virtual Media® may conduct random checks of videos, in public or private Channels, at regular intervals and/or in response to complaints by viewers to determine whether they comply with our Acceptable Use Policy. Virtual Media® reserves the right to remove and delete any video submitted by Member that, in Virtual Media®'s sole discretion, do not comply. Members should report any suspected instances of Virtual Media® misuse using the Virtual Media® Violation Report Form.
 ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES
MEMBER ASSUMES ALL RISKS FOR MEMBER'S USE OF Virtual Media® AND THE INTERNET. Virtual Media® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE Virtual Media® SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR GUARANTEE THAT MEMBER WILL BE ABLE TO USE Virtual Media® AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION. Virtual Media® IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF Virtual Media® IS BORNE BY MEMBER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO MEMBER AND MEMBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Virtual Media® BE LIABLE TO MEMBER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Virtual Media® SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Virtual Media® BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT Virtual Media® RECEIVED FROM MEMBER WITH RESPECT TO Virtual Media®. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
 Modifications of service
Virtual Media® reserves the right, at any time and from time to time, to modify, move, edit, or discontinue, temporarily or permanently, Virtual Media® (or any part thereof) with or without notice. Member agrees that Virtual Media® shall not be liable to Member or to any third party for any modification, suspension or discontinuance of Virtual Media®.
 Termination
Member agrees that Virtual Media®, in its sole discretion, may terminate Member's password, Channel (or any part thereof) or use of Virtual Media®, and remove and discard any Content within Virtual Media®, for any reason, including, without limitation, for lack of use or if Virtual Media® believes that Member have violated or acted inconsistently with the letter or spirit of the Terms of Service. Virtual Media® may also in its sole discretion and at any time discontinue providing Virtual Media®, or any part thereof, with or without notice. Member agrees that any termination of Member's access to Virtual Media® under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Virtual Media® may immediately deactivate or delete Member's Channel and all related information and files in Member's Channel and/or bar any further access to such files or Virtual Media®. Further, Member agrees that Virtual Media® shall not be liable to Member or any third-party for any termination of Member's access to Virtual Media®.
 Virtual Media® Proprietary rights

Member acknowledges and agrees that Virtual Media® and any necessary software used in connection with Virtual Media® ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to Member through Virtual Media® or advertisers. Except as expressly authorized by Virtual Media® or advertisers, Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Virtual Media® or the Software, in whole or in part.

Virtual Media® grants Member a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Virtual Media®. Member agrees not to access Virtual Media® by any means other than through the interface that is provided by Virtual Media® for use in accessing Virtual Media®.

 Indemnity
Member agrees to indemnify and hold harmless Virtual Media®, its service providers, parents, subsidiaries, affiliates, officers, employees and agents from and against any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) from any claims, assertions, or suits brought by any third party arising from or in connection with Member's use of Virtual Media®.
 Waiver
Member acknowledges and agrees that neither Virtual Media® nor its service providers, parents, subsidiaries, affiliates, officers, employees and agents shall be liable to Member in the event Virtual Media® is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any party, to desist from using or permitting the use of particular videos. Member further acknowledges that Virtual Media® is not responsible or liable for any loss of videos or related data, nor is it required to return any videos or related data, upon or resulting from our suspension or deletion of videos, network or system outages, third-party failures of any kind, or any other reasons. We urge all members to maintain backup versions of their audio and video clips to guard against losses of any kind.
 GENERAL INFORMATION
The Terms of Service constitute the entire agreement between Member and Virtual Media® and govern Member's use of Virtual Media®, superceding any prior agreements between Member and Virtual Media®. Member also may be subject to additional terms and conditions that may apply when Member uses affiliate services, third-party content or third-party software. The Terms of Service and the relationship between Member and Virtual Media® shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. Member and Virtual Media® agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dubois, Indiana. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Virtual Media® or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 Violations
Please report any violations of the Terms of Service to Virtual Media®
 Children's Online Privacy Protection

The Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requires that Web Sites are to obtain parental consent before collecting, using, or disclosing personal information from children under 13. If you are below 13 then you can NOT use Virtual Media®. Do NOT register if you are below the age of 13.

By registering to use Virtual Media® you meet the above criteria and agree to abide by all of the above rules and policies

 Copyright and DMCA Policy
If you believe that your work has been infringed, or your intellectual property rights have been otherwise violated, please see the COPYRIGHT and DMCA POLICY