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.
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.
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.
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.
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
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.
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.
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.
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.
15. Other Terms
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:
H. Robert Showers, Esq.
305 Harrison St. SE Third Floor
Leesburg, Va. 20175
By Telephone: 703-771-4671
By Email: firstname.lastname@example.org
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
e) Copyright Resources
The following Internet resources are available to help you with additional guidance and questions on copyright rules and regulations.
- U.S. Copyright Office
- US Copyright Office Infringements and Remedies Chapter 5
- Digital Millenium Content Act
- Stanford University
- Chilling Effects Clearinghouse
f) Counter Copyright Notification
Please send counter copyright notification information to: email@example.com.
17. General Terms