ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
You understand that all videos ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that vADz does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the vADz site and Content available through the Service may contain links to other websites, which are completely independent of vADz.com. vADz, Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will vADz, Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that vADz, Inc. does not pre-screen or approve Content, but that vADz, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The vADz.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of vADz, Inc., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that vADz, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that vADz, Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release vADz, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify vADz, Inc. at firstname.lastname@example.org agent for notice of claims of copyright or other intellectual property infringement.
Please provide us with the following Notice:
- a) Identify the material that you claim is infringing, with enough detail so that we may locate it;
- b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- d) Your address, telephone number, and email address; and
- e) Your physical or electronic signature.
vADz, Inc will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
vADz, Inc. may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faithbelief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of vADz.com, its users or the general public.
You agree not to create a video ad on the vADz.com site that contains content that is:
- a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- d) that violates the Fair Housing Act by stating, in any vADz video ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- g) that impersonates any person or entity, including, but not limited to, a vADz, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- h) that includes personal or identifying information about another person without that person's explicit consent;
- i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
- m) 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;
Additionally, you agree not to:
- n) attempt to gain unauthorized access to vADz, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the vADz.com website; or
LIMITATIONS ON SERVICE
You acknowledge that vADz, Inc. may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service.
You agree that vADz, Inc. has limited responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. That liability not to exceed the most recent payment made for that particular service. You acknowledge that vADz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that vADz, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
vADz, Inc. grants you a limited, revocable, nonexclusive license to access the Service for your own personal or business use.
TERMINATION OF SERVICE
You agree that vADz, Inc., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if vADz believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that vADz shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
vADz, Inc. does not claim ownership of content that its users store on the website.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE vADz.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE vADz.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, vADz, Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE vADz.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, vADz, Inc. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE vADz.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE vADz.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, vADz, Inc. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE vADz.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL vADz, Inc. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF vADz, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE vADz.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE vADz.com SITE OR THE SERVICE, FROM INABILITY TO USE THE vADz.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE vADz.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE vADz.com SITE OR THE SERVICE OR ANY LINKS ON THE vADz.com SITE, AS WELL AS BY REASON OF ANY INFORMATION ORADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE vADz.com SITE OR THE SERVICE OR ANY LINKS ON THE vADz.com. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold vADz, Inc, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and vADz, Inc. and govern your use of the Service, superceding any prior agreements between you and vADz, Inc.. The TOU and the relationship between you and vADz, Inc shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and vADz, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton County, Ohio. The failure of vADz, Inc to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by e-mailing support at vadz.com.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for vADz, Inc. or vADz.com to pursue legal action to enforce these Terms, you will be liable to pay vADz, Inc. for liquidated damages.
- a) If you post Content in violation of the TOU, other than as described above, you agree to pay vADz, Inc one hundred dollars ($100) for each Item of Content posted. In its sole discretion, vADz, Inc. may elect to issue a warning before assessing damages.
- b) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without vADz, Inc.'s express written permission, you agree to pay vADz Inc. three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay vADz, Inc. actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, vADz, Inc. retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
We welcome your questions and comments on this document. Please send all comments to email@example.com