1. Acceptance of the Terms and Conditions
By using, accessing, submitting video, photo, music, scripts or other
material, and/or visiting, this website (collectively, including all content
available through the VMakers.com domain name, the "VMakers web site", or "Web
site"), You acknowledge that you have read, understood, and agree to be bound by
both these terms and conditions (the "Terms and Conditions") as well as the
VMakers Privacy Policy. If you do not agree to any of these terms, then please
do not use the VMakers web site and exit this site immediately.
2. Use of VMakers Web Site and Services
These Terms and Conditions apply to all users and visitors of the
VMakers Web site, including users who are also contributors of video content,
information, and other materials or services on the Web site. As a part of our
service, the VMakers Web site may contain links to third party web sites that
are not owned or controlled by VMakers. VMakers has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party web sites. In addition, VMakers will not and cannot censor or edit the
content of any third-party site. VMakers' inclusion of a link to a web site does
not imply any endorsement of the services or the site, its contents, or its
sponsoring organization. You expressly relieve VMakers from any and all
liability arising from your use of any third-party web site. Accordingly, we
encourage you to be aware when you leave the VMakers Web site and to read the
terms and conditions and privacy policy of each other web site that you visit.
3. Website Access
VMakers hereby grants you permission to use the Web site as set forth
in this Terms and Conditions, provided that: (i) your use of the Web site as
permitted is solely for your personal, noncommercial use; (ii) you will not copy
or distribute any part of the Web site in any medium without VMakers' prior
written authorization; and (iii) you will otherwise comply with the these Terms
and Conditions and will not use the Web site in violation of the law or these
terms and conditions.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the Web
site in a manner that sends more request messages to the VMakers 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, VMakers
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. VMakers 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 Web site,
nor to use the communication systems provided by the Web site for any commercial
solicitation purposes.
4. Intellectual Property Rights
The content on the VMakers Web site, 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 VMakers, subject to
copyright and other intellectual property rights under United States and foreign
laws and international conventions. Content on the Web site is provided to you
AS IS for your information and personal use only and may not be used, 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. VMakers reserves all rights not expressly
granted in and to the Web site and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein 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 VMakers Web site or
features that prevent or restrict use or copying of any Content or enforce
limitations on use of the VMakers Web site or the Content therein.
It is the policy of VMakers to respond to all claims of intellectual property
infringement. We will promptly investigate notices of alleged infringement and
will take appropriate actions required under the Digital Millennium Copyright
Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other
applicable intellectual property laws.
Pursuant to the DMCA, notification must be submitted to VMakers at: VMakers
Attn: Legal, PO Box 3997, Thousand Oaks, CA 91359-3997 Phone: 888.712.8211 Email:
legal@vmakers.com
To be effective, the notification must be a written communication that includes
the following:
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.
5. User Content
Unless otherwise agreed in writing signed by VMakers, by submitting
content, photos, video, data or other materials directly through the Web site or
sent to the VMakers physical location (collectively, "Materials"), You hereby
grant to VMakers a perpetual, irrevocable, royalty-free, non-exclusive, fully
transferable and licenseable right and license to access, store, copy, modify,
display, distribute, perform, sell, create derivative works from, and otherwise
use and exploit all such Materials in any form, media, software or technology of
any kind now existing or developed in the future and the right to license and
sell the foregoing rights through multiple tiers. You further grant to VMakers a
royalty-free right and license to use your name, image and likeness in
advertising and in connection with the rights for the Materials.
6. Interactive Areas
The VMakers Web site may offer forums, blogs, comment areas, bulletin
boards, screenings, previews and chat rooms (collectively, "Forums") that are
intended to provide users 18 years of age and older an interesting and
stimulating forum in which they can express their opinions and share their
ideas. VMakers does not endorse the accuracy or reliability of any advice,
opinion, statement or information posted on these Forums. Please use your best
judgment, and be respectful of other individuals using these Forums. Do not use
vulgar, abusive or hateful language. You may not use the Forums for advertising
or promotional materials or other forms of solicitation. Uploading copyrighted
or other proprietary material of any kind on the Web site without the express
permission of the owner of that material is prohibited and may result in civil
and/or criminal liability. Any information you disclose when posting a message
in these Forums may become public. You should not include any information in
your posting that you do not want other parties to see or use and you hereby
agree that you will not hold VMakers responsible for any third party's use of
information contained in such posting.
7. VMakers Rights
Given the nature of the VMakers Web site and the volume of Materials
submitted, VMakers cannot and does not monitor all of the Materials posted or
transmitted by you and other third-party information providers via the Web site,
including, without limitation, any Materials posted via the Forums. You
expressly agree that VMakers: (a) will not be liable for Materials and (b)
reserves the right to review, reject, delete, remove, modify, or edit any
Materials at any time for any reason, without liability and without notice to
you.
8. Representations and Warranties
You hereby represent and warrant that: (a) you have all necessary
authority, rights and permissions to submit the Materials and grant the licenses
described in these Terms, (b) the Materials are accurate, current and complete,
(c) the Materials and your use of the VMakers Web site shall not infringe or
misappropriate any copyright, trademark, trade secret, patent, or other
intellectual property right of any third party or violate any other rights of
third party, including, without limitation, any rights of privacy or publicity
or any contractual rights, (d) the Materials and your use of the VMakers Web
site shall not violate any applicable law or regulation, including, without
limitation, any applicable advertising or fair housing laws or regulations, or
cause injury to any person; (e) your participation on or use of the VMakers Web
site shall not violate any agreements between you and a third party.
9. Indemnification
You agree to indemnify and hold VMakers, and its officers, directors,
employees, agents, licensors and contractors harmless from and against any and
all claims, actions, costs, demands, damages, liabilities, losses or expenses,
including, without limitation, reasonable accounting and attorneys' fees,
arising from or related to: (a) the Materials you provide, (b) your use or
misuse of the Content or VMakers Web site in breach of these Terms, (c) your
breach of these Terms, and (d) any actual, prospective, completed or terminated
purchase, sale or other transaction between you and a third party.
10. Prohibited Activites
The following is a partial list of the kinds of activities that are
prohibited on or through the VMakers Web site or VMakers physical location: (a)
submitting Materials that are patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; (b) engaging in activities or submitting
Materials that could be harmful to minors; (c) engaging in activity or
submitting Materials that harasses or advocates harassment of another person;
(d) engaging in activity that involves the transmission of "junk mail" or
unsolicited mass mailing or "spam" or harvesting or otherwise collecting
personally identifiable information about Site users, including names, phone
numbers, addresses, email addresses, (collectively, "User Data") without their
consent; (e) engaging in activity, or submitting Materials, or promoting
information that is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous; (f) submitting
Materials that contain restricted or password only access pages, or hidden pages
or images; (g) submitting Materials that displays pornographic or sexually
explicit material of any kind; (h) submitting Materials that provide
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or
any other similar forms of malware, (j) engaging in activities or submitting
Materials that solicit passwords or personally identifiable information for
unlawful purposes from other users; (k) engaging in unauthorized commercial
activities and/or sales without our prior written consent such as advertising,
solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any
robot, spider, other automatic device, or manual process to monitor, copy, or
"scrape" web pages or the Content contained in the Web site or for any other
unauthorized purpose without VMakers' prior written consent; (m) using any
device, software, or routine to interfere or attempt to interfere with the
proper working of the Web site; (n) decompiling, reverse engineering, or
disassembling the Software or attempting to do so; or (o) taking any action that
imposes an unreasonable or disproportionately large load on the VMakers web site
orVMakers' hardware and software infrastructure or that of any of its Licensors
or Suppliers.
11.Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VMakers WEB SITE SHALL BE AT YOUR SOLE
RISK. VMakers MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY,
RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY,
INCLUDING, WITHOUT LIMITING TO, FOR 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 WEB SITE AND OR SERVICES, (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 WEB SITE
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 THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VMakers WEB
SITE. VMakers DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
VMakers WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND VMakers 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. TO THE FULLEST EXTENT PERMITTED BY LAW, VMakers, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND/OR LICENSORS DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO
THE WEB SITE AND ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
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. BY SUBMITTING ANY MEDIA OR MATERIAL TO VMAKERS, YOU REQUEST EDITING
AND OTHER SERVICES DESCRIBED. YOU AGREE THAT THE LIABILITY OF VMAKERS, ITS
DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS, FOR ANY LOSSES OR DAMAGES OF ANY
KIND OR NATURE TO YOUR FILM, VIDEOTAPE, OPTICAL DISK, DVD, FLASH DRIVE, MEMORY
CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF
REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $25. YOU ALSO AGREE
THAT VMAKERS, ITS DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS, SHALL NOT BE
OTHERWISE LIABLE TO YOU OR A THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND OR
NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE. Some states do
not allow exclusion of implied warranties or limitation of liability for
incidental or consequential damages, so the above limitations or exclusions may
not apply to you. IN SUCH STATES, THE LIABILITY OF THE VMAKERS PARTIES SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability
IN NO EVENT SHALL VMakers, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "VMAKERS PARTIES") BE LIABLE TO YOU
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITED TO, THOSE
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 WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO, OR USE
RESULTING THEREFROM, 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 WEB SITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE
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 VMakers WEB
SITE, 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. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT VMakers SHALL NOT BE LIABLE FOR 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.
13. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an
emancipated minor, 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 and
Conditions, and to abide by and comply with these Terms and Conditions.
14. Assignment
These Terms and Conditions, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
VMakers without restriction.
15. Service Changes
VMakers reserves the right with or without notice to the user at any
time to change, modify or discontinue any service or a portion or attribute
thereof, or the offering of any information, goods, content, products or
services. VMakers shall have no liability to any user or any third party should
VMakers modify or discontinue service.
16. General
These Terms and Conditions shall be governed by the internal
substantive laws of the State of California, without respect to its conflict of
laws principles. Any claim or dispute between you and VMakers that arises in
whole or in part from the VMakers Web site shall be decided exclusively by a
court of competent jurisdiction located in Ventura County, California. These
Terms and Conditions, together with the Privacy Policy and any other legal
notices published by VMakers on the Web site, shall constitute the entire
agreement between you and VMakers concerning the VMakers Web site. If any
provision of these Terms and Conditions 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 and Conditions, which shall
remain in full force and effect. No waiver of any term of this these Terms and
Conditions shall be deemed a further or continuing waiver of such term or any
other term, and VMakers' failure to assert any right or provision under these
Terms and Conditions shall not constitute a waiver of such right or provision.
VMakers reserves the right to amend these Terms and Conditions at any time and
without notice, and it is your responsibility to review these Terms and
Conditions for any changes. Your use of the VMakers Web site following any
amendment of these Terms and Conditions will signify your assent to and
acceptance of its revised terms. YOU AND VMakers AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE VMakers WEB SITE MUST COMMENCE WITHIN THIRTY
(30) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
17. Termination of the Agreement.
VMakers reserves the right, in its sole discretion, to restrict,
suspend, or terminate this Agreement and your access to all or any part of the
Services, the Web site or the Content at any time and for any reason without
prior notice or liability. VMakers reserves the right to change, suspend, or
discontinue all or any part of the Website or the Content at any time without
prior notice or liability.
User Must Comply with Applicable Laws.
This Website is based in the United States. We make no claims concerning whether
the Content may be downloaded, viewed, or be appropriate for use outside of the
United States. If you access the Website or the Content from outside of the
United States, you do so at your own risk. Whether inside or outside of the
United States, you are solely responsible for ensuring compliance with the laws
of your specific jurisdiction.