Terms of Use

Below are VOPED’s EVP Terms of Use. Please read these terms of use carefully before using the services. By accessing this site or using any part of the site or any content or services on the site, you signify your agreement to (1) these terms and conditions (the “EVP Terms of Use”), (2) VOPED’s EVP Privacy Policy and incorporated here by reference, and (3) VOPED’s EVP Acceptable Use Policy and also incorporated herein by reference. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services on the site. VOPED’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by VOPED, acceptance is expressly limited to these terms. Although we may attempt to notify you when major changes are made to these EVP Terms of Use, you should periodically review the most up-to-date version. VOPED may, in its sole discretion, modify or revise these EVP Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you have any questions regarding this Agreement please contact us at vsupport@VOPED.com.

1. Ownership

VOPED’s products, services and websites are owned by VOPED. The “VOPED Service”, or “Service”, currently consists of various web pages at or linked to the VOPED websites as well as areas of other websites operated by other companies that have entered into an agreement with VOPED to publish their content through the VOPED Service on their site. The Service may change at any time.

2. Application of EVP Terms of Use

Use by end users of the VOPED Service and Websites is governed by this EVP Terms of Use. For publishers’ (or “Subscribers”) use of VOPED’s Products and Services are governed by these EVP Terms of Use and a separate agreement, the “Subscription Agreement”, which shall be provided upon registration for a monthly subscription. If there is ever a conflict, the Subscription Agreement, and/or any other specific legal agreement, shall supersede these EVP Terms of Use. Any service or product offered by VOPED that does not require a separate legal agreement shall be governed by these EVP Terms of Use. In addition, where the VOPED Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these EVP Terms of Use.

3. Content submitted to or through VOPED’s products and services

VOPED reserves the right to accept or reject video and any other content, and/or to suspend the account of any subscriber or user, at VOPED’s sole discretion, at any time, whether or not such user or subscriber’s content has previously been accepted into the VOPED Service. VOPED will not, however, review or screen content on a regular basis for compliance with these terms or applicable laws. If VOPED becomes aware of any content that violates any of the prohibitions set forth herein, or otherwise determines that a user’s or subscriber’s use of the products or services is harmful to VOPED, to third parties, or contravenes applicable laws or regulations, VOPED may reject such content and/or suspend the user’s or subscriber’s account (although it undertakes no obligation to do any) at any time, without any notice.

By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion through VOPED’s Service, you represent and warrant that you own all rights to the Content and are subject to all copyright laws and regulations governing the use of such content. You retain all of your ownership rights in your submitted content. However, by submitting content to VOPED, you hereby grant VOPED a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and otherwise use the content in connection with the VOPED services and VOPED’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of VOPED’s websites and services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the VOPED products and services a non-exclusive license to access your content and to use, reproduce, distribute, display and perform such content as permitted through the functionality of your website and under these EVP Terms of Use. The above licenses granted by you are perpetual and irrevocable. You are submitting content that has been created by you or your organization; or, if copyrighted by someone other than yourself, that you have a right to use. By uploading the content, you consent to grant a concurrent license to VOPED to reproduce, publish, and otherwise commercially use the content.

4. Links

VOPED may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VOPED has no control over such sites and resources, you acknowledge and agree that VOPED is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that VOPED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

5. Trademarks

VOPED graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, servicemarks or trade dress of VOPED in the U.S. and/or other countries. VOPED’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the VOPED icon pack may be used by partner and third party sites in connection with providing appropriate links to the VOPED websites and services. Such use by partner or third party sites shall constitute a license and does not confer any copyright or trademark rights to use beyond those explicitly granted to any such partner.

6. Service Availability

The Service is provided by VOPED on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, VOPED makes no representations or warranties of any kind, express or implied, regarding the use or the results of VOPED Service in terms of its correctness, accuracy, reliability, or otherwise. VOPED shall have no liability for any interruptions in the use of this Service. Furthermore, VOPED reserves the right to change the terms of the agreement at any time and with reasonable notice to media partners and other registered content providers and VOPED members, pertaining to costs for the use of the VOPED share button, embeddable film strip, or any other copyright-protected web applications provided by VOPED. Free use of any VOPED web applications may end at any time and be replaced with terms that require a regular, monthly or annual fee for such use, the charges for which may be determined by the volume of website views for all VOPED media partners and other members.

7. Registration

Subscribers and end users of the Service may be required to register for an account. The Subscriber and end user account allows for access to various features of the products and services. The online registration form will ask for and record information which will then become part of the Subscriber or end user profiles, some of which can be viewed by other internet users. This information can be changed at any time. After registration, Subscribers and end users will receive a confirmation e-mail with a link leading them to a login page requesting their individual user name and password. To sign in to an account a username and password will be necessary each time. VOPED reserves the right to terminate an account at any time. Failure to comply with the rules of this agreement, including but not limited to the EVP Acceptable Use Policy, Copyright rules and EVP Privacy rules can result in account suspension or deactivation. Subscribers and end users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Subscribers and end users agree to immediately notify VOPED of any unauthorized use of an account or any other breach of security known to the Subscriber or end user. Although VOPED will not be liable for any losses to Subscribers or users caused by any unauthorized use of his/her account, Subscribers or users may be liable for the losses to VOPED or others due to such unauthorized use. The right to use the Service is personal to the Subscriber or end user.

Children under the age of 18 are not permitted to register as Members of VOPED.com. By registering as a VOPED Member, you affirm that you are 18 years of age or older; if not, you are not authorized to use VOPED. If you are the parent or guardian of a child under 18 years of age and find that they are registered for a VOPED Member account please immediately contact us by e-mail so that we may terminate their account and remove all of the minor’s posted content. To terminate your child’s account we will request identifying information in our follow-up email to you. If you cannot provide this information or fail to respond, VOPED cannot terminate the account in question.

8. Content Rules

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these EVP Terms of Use, or any other purpose not reasonably intended by VOPED./

By way of example, and not as a limitation, you agree not to use the Service:

To abuse, harass, threaten, impersonate or intimidate;
To post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any VOPED user;
To violate any laws in your jurisdiction (including but not limited to copyright laws);
You will post any content or take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
Attempt to impersonate another user or person;
Sell or otherwise transfer your profile.

VOPED will not knowingly host illegal content. VOPED will coordinate with appropriate law enforcement agencies to ensure that any user who posts such content or engages in predatory behavior on the Service will be located and prosecuted.

You may terminate the distribution of your content from the VOPED Service at any time. You expressly acknowledge and agree, however, that VOPED may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these EVP Terms of Use or the Subscription Agreement or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VOPED, its users and/or the public.

9. Intellectual Property Rights

By making content accessible to other users (as individuals and as a group), you agree to allow any users – free of charge and for personal use – to view your content on or through the Service and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Service. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization. In addition, for the entire period in which your content is hosted on the Service, you authorize VOPED to reproduce and display your content via the features that enable the Service to be accessed both on the Internet and through other electronic communication media, and to adjust said content’s format as necessary for the purposes of reproduction, display, and advertisement. Please note that due to the nature of the Internet and digital media, data transmitted – including your content – cannot be protected against the risks of misappropriation and/or piracy, for which VOPED shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.

The Service is our exclusive property. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Service. All other rights are expressly excluded without our prior written consent.

10. Liability

VOPED is under no legal obligation to monitor content transmitted through the Service. Our only obligations as host concern (i) guarding against certain content in accordance with the procedure described in the EVP Acceptable Use Policy section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to privacy, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.

YOU AGREE THAT YOUR USE OF THE VOPED PRODUCTS AND SERVICES SHALL BE AT YOUR SOLE RISK AND LIABILITY. VOPED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW. VOPED, AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE VOPED SERVERS, WEBSITE, OR TECHNICAL INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER WHILE USING OUR SERVICES. THIS DISCLAIMER INCLUDES DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES. WITHOUT LIMITING THE FOREGOING, ALL OF THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY.

You warrant that your content submission (including text comments, video and subscriber or user information) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia). VOPED HAS ZERO TOLERANCE FOR SUCH CONTENT.

You also warrant that your content submission (i) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances from third party rights owners in such materials); (ii) does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual’s right to his or her image); and (iii) is not contrary to public policy and accepted moral standards and, generally, that it is not contrary to any applicable laws or regulations.

By uploading or disseminating images to or through the Service, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s). Failure to comply with these provisions will result in your content being removed and/or your account being deactivated without prior notice. In addition, you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages. Due to the user-driven nature of the Service and out of consideration for the general public, users are responsible for maintaining certain ethical standards respecting the videos they upload and the comments they post online and, in particular, are responsible for refraining from disseminating any violent or pornographic content. Unless a Subscriber has chosen to pre-approve submitted content a Flag appears on the video player so that users may report videos that potentially violate VOPED’s EVP Terms of Use Agreement.

11. Indemnification

Subscriber agrees to defend, indemnify and hold VOPED, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any and all claims or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Subscriber’s and user’s use of the products and services, the violation of this Agreement, or infringement by Subscribers or users, or other user of the products and service using Subscriber’s or user’s computer, of any intellectual property or any other right of any person or entity. This defense and indemnification obligation will survive these EVP Terms of Use and your use of the VOPED Website.

12. Modifications and Interruption to Products and Service

VOPED reserves the right to modify or discontinue the products and service with or without notice to the Subscriber and users. VOPED shall not be liable to Subscriber or user or any third party should VOPED exercise its right to modify or discontinue the product or service. Subscribers and users acknowledge and accept that VOPED does not guarantee continuous, uninterrupted or secure access to our products and services and operation of such may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

13. Compliance with Laws

Subscribers and users assume all knowledge of applicable laws and are responsible for compliance with any such laws. Subscribers and users may not use the Products and Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Subscribers and users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

14. Assignment

You agree that this EVP Terms of Use Agreement, and any rights and licenses granted hereunder, and any other agreements referenced herein may not be transferred or assigned by you, but may be assigned by VOPED, in our sole discretion, to a third party in the event of a merger or acquisition.

15. Other Terms

If any provision of this EVP Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this EVP Terms of Use Agreement and any other agreements referenced herein may be assigned by VOPED, in our sole discretion, to a third party in the event of a merger or acquisition. This EVP Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subscriber or user. Subscriber or user agrees that by accepting this EVP Terms of Use Agreement, Subscriber or user is consenting to the use and disclosure of their personally identifiable information and other practices described in our EVP Privacy Policy [if applicable].

16. Copyright Policy

VOPED supports all applicable U.S. copyright laws and does not permit the uploading of any materials or content that constitutes an infringement of intellectual property rights. Once we are notified or otherwise become aware of content or materials on VOPED that violate copyright laws, we are obligated by law to remove them promptly.

It is your responsibility to make sure that your videos do not violate copyright laws. To assist you, VOPED has put together some basic guidelines and resources to help our users avoid copyright problems.

a) VOPED’s copyright policy and the Digital Millennium Copyright Act (DMCA)

VOPED promptly responds to takedown requests pursuant to Section 512(c) (3) of the Digital Millennium Copyright Act (DMCA). For more information on the legal rules, processes and guidelines for submitting a DMCA content takedown request, please visit copyright.gov or follow the guidelines below.

b) Filing a DMCA complaint

To file a notice of copyright infringement with VOPED that is effective under the DMCA, a written communication that includes substantially the following information must be sent to our designated Copyright Agent. (For more information or to confirm these elements, see Section 512(c) (3) of the Digital Millennium Copyright Act or consult legal counsel): i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ii. 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. iii. 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. Please provide the specific URLs in your communication to our designated agent. iv. 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. v. 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. vi. 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. The information above must be sent in a written communication to our designated Copyright Agent below.

c) DMCA Takedown Communications should be sent to:

By Mail:

H. Robert Showers, Esq.
305 Harrison St. SE Third Floor
Leesburg, Va. 20175

By Telephone: 703-771-4671
By Email: hrs@simmsshowerslaw.com

Note that under DMCA Section 512(f) any person who knowingly misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification may be liable for damages.

d) VOPED’s Repeat Offender Rule

Subscribers and users who repeatedly violate copyright laws or our EVP Terms of Use will have their account deleted and their videos removed from VOPED. VOPED reserves the right to remove videos or delete user accounts at any time for EVP Terms of Use, Copyright, privacy and other violations.

e) Copyright Resources

The following Internet resources are available to help you with additional guidance and questions on copyright rules and regulations.

f) Counter Copyright Notification

Please send counter copyright notification information to: vsupport@voped.com.

17. General Terms

You agree that: (i) the VOPED Services shall be deemed solely based in Virginia; and (ii) the VOPED Services shall be deemed a passive website that does not give rise to personal jurisdiction over VOPED, either specific or general, in jurisdictions other than Virginia. These EVP Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and VOPED that arises in whole or in part from the VOPED Website shall be decided exclusively by a court of competent jurisdiction located in Loudoun County, Virginia. These EVP Terms of Use, together with the EVP Privacy notice and any other legal notices published by VOPED on the Services, shall constitute the entire agreement between you and VOPED concerning the VOPED Services. If any provision of these EVP Terms of Use 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 EVP Terms of Use, which shall remain in full force and effect. No waiver of any term of this these EVP Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VOPED’s failure to assert any right or provision under these EVP Terms of Use shall not constitute a waiver of such right or provision. VOPED reserves the right to amend these EVP Terms of Use at any time and without notice, and it is your responsibility to review these EVP Terms of Use for any changes. Your use of the VOPED Services following any amendment of these EVP Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND VOPED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOPED WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.