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
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