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You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize VideoRomp to use
all patent, trademark, trade secret, copyright or other proprietary rights in
and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the
User Submissions to VideoRomp, you hereby grant VideoRomp a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the VideoRomp Website and VideoRomp's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the VideoRomp Website (and derivative works thereof)
in any media formats and through any media channels. You also hereby grant each
user of the VideoRomp Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Service. The
foregoing license granted by you terminates once you remove or delete a User
Submission from the VideoRomp Website.
In connection with User Submissions, you further agree that you will
not: (i) 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 VideoRomp all of the
license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage VideoRomp or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law, or
is otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. VideoRomp does not endorse any
User Submission or any opinion, recommendation, or advice expressed therein, and
VideoRomp expressly disclaims any and all liability in connection with User
Submissions. VideoRomp does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and VideoRomp will
remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. VideoRomp
reserves the right to remove Content and User Submissions without prior notice.
VideoRomp 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 been
notified of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. VideoRomp also reserves the right to
decide whether Content or a User Submission is appropriate and complies with
these Terms of Service 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. VideoRomp may
remove such User Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
IN NO EVENT SHALL VideoRomp, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, 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 AND/OR FINANCIAL 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 VideoRomp
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER ORNOT 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 VideoRomp SHALL NOT BE LIABLE FOR USER
SUBMISSIONS 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.
You agree to defend, indemnify and hold harmless VideoRomp, 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: (i) your
use of and access to the VideoRomp Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the VideoRomp Website.
Website Access
A. VideoRomp hereby grants you permission to use the Website as set forth in
this Terms of Service, provided that: (i) your use of the Website as permitted
is solely for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without VideoRomp's prior written
authorization; (iii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its intended purpose;
and (iv) you will otherwise comply with the terms and conditions of these Terms
of Service.
B. In order to access some features of the Website, you will have to create
an account. You may never use another'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. You must notify VideoRomp immediately of
any breach of security or unauthorized use of your account. Although VideoRomp will
not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of VideoRomp or others due to such unauthorized
use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the VideoRomp servers in a
given period of time than a human can reasonably produce in the same period by
using a convention on-line web browser. Notwithstanding the foregoing, VideoRomp
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. VideoRomp 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 with respect to their User Submissions. |