[Posting Date 01/06/14]
1. LEGAL AGREEMENT.
You are entering into a legal agreement which contains terms and conditions (“Terms”) governing your access to and use of Oopsytube, including its mobile applications and related website (collectively “Services”). If you are acting as an agent of a business entity, you represent and warrant that you have been granted authority to register and use the Services on behalf of such business entity. All materials you upload or download using the Services, including but not limited to videos, text, graphics, or photos (collectively “User Content”) are governed by these Terms. By using the Services, you are confirming your unconditional acceptance of and continued abidance by these Terms. Failure to accept or abide by these Terms will result in termination of your account. If, at any time, you do not wish to be bound by these Terms or you are unsatisfied with the Service, its content, updated Terms or other posted notices, you agree that your sole and exclusive remedy is to discontinue using the Services.
2. USER AGREEMENT.
You must be 18 years of age to use the Services. In registering as a user, you agree to provide accurate and truthful information and to maintain updated account information throughout the period of your use. To access your account after registration, you will be requested to create a password. Thereafter you will be responsible for safeguarding the password. You agree not to provide your password to any other party or allow any other party to access your account and use the Services. You agree to be responsible and liable for all User Content posted through your account.
You agree to be solely responsible for all User Content you post through the Services. You further agree and represent that all User Content you post is original to you or you are authorized by the owner of such User Content to post such content. You agree that by posting User Content of any nature, the same will be shared and viewed by other users and the public generally. In addition, you agree that all User Content posted by you or through your account will comply with all laws, rules and regulations applicable to the same.
By posting User Content, you grant Oopsytube a royalty free, non-revocable, worldwide, assignable general license to use and distribute the User Content and such license is extended to other users of the Service and third parties who undertaking marketing services for and on behalf of Oopsytube. Oopsytube may syndicate, broadcast, distribute or publish all User Content on other media and for other services without further compensation to you. In addition, Oopsytube may modify, adapt, transmit, display and distribute your User Content throughout the world on any medium and may change your User Content to fit such media.
You agree that Oopsytube may, but is not required, to monitor User Content which you post and may remove any User Content in its sole discretion for any reason or no reason. You further agree that Oopsytube may terminate your account for failure to abide by these Terms without notice to you. You may terminate your account at any time by notifying Oopsytube at email@example.com. However, you agree that any and all User Content you posted prior to your termination may be used by Oopsytube, its users and third party marketing parties after such termination under the granted license.
You agree that Oopsytube may, in its sole discretion, discontinue or change the Services at any time without prior notice to you. Oopsytube may also place limits on your use of Services including posting and storage without prior notice to you.
3. OOPSYTUBE SERVICES.
4. PRIVACY AND MARKETING DISCLOSURE.
5. USER CONTENT DISCLAIMER AND THIRD PARTY ADVERTISER
6. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Service or any linked website. You are prohibited from accessing or attempting to access private areas of the website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
You are prohibited from posting User Content which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from harassing or threatening other Users or third parties.
You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
You are prohibited from posting inappropriate content, which includes, but is not limited to, content that: (i) promotes the use of alcohol, tobacco or illegal substances, nudity, sex, pornography, adult-oriented content such as phone sex or escort services, expletives or inappropriate language; (ii) promotes gratuitous violence, abuses or threatens physical harm; (iii) promotes illegal or unethical activity, racism, hate, "spam," mail fraud, gambling, sweepstakes, pyramid schemes, investment and money-making opportunities or illegal advice; (iv) promotes use of illegal substances or activities such, how to build a bomb, counterfeiting money and software pirating (e.g., Warez, Hotline); (v) is libelous, defamatory, infringing, false, misleading or contrary to public policy; (vi) is otherwise prohibited by Federal or state law; and/or (vii) may bring Oopsytube and/or its associated advertisers and/or other Users negative publicity. You are prohibited from accessing, tampering with or using non-public areas of the Services, website or computer systems.
7. INTELLECTUAL PROPERTY.
Subject to the License in Section 2, all Content posted by a user of the services remains the property of the user and all attendant responsibility and liability pertaining to such Content is solely the user. All right, tittle and interest in and to the Services are will remain the exclusive property of Oopsytube. The contents of this website, including but not limited to the software, text, graphics, images and other content (the "Site Material") are owned and protected by copyright under both United States and foreign laws to Oopsytube. These Terms do not grant any user or other persons any license whatsoever to the Site Material. Properly registered users are authorized to view and download a single copy of the Site Material for their non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other website or in a networked environment is prohibited.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. §512(c), and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
1. Provide 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. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.newco.com/uglytext_page.html") or other information sufficient to specify the copyrighted work being infringed. 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. Provide 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 us to locate the material.
4. Provide information reasonably sufficient to permit us 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. Include the following statement: "I have 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. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to:
Edge Marketing Solutions, LLC
Attn: DMCA Complaints
P.O. Box 29502, #56099
Las Vegas, NV 89126-9506
email: firstname.lastname@example.org [Please add in subject line “DMCA Complaints”]
The provider of affected Content may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
1. Include a physical or electronic signature of the subscriber.
2. Provide identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Provide your name, address, and telephone number.
5. Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which you reside.”
6. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
7. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
8. Sign the paper.
9. Send the written communication to:
Edge Marketing Solutions, LLC
Attn: DMCA Complaints
P.O. Box 29502, #56099
Las Vegas, NV 89126-9506
email: email@example.com [Please add in subject line “DMCA Complaints”]
Account Termination for Repeat Infringers.
In appropriate circumstances, infringers or repeat infringers accounts will be terminated. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Oopsytube’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
10. DISCLAIMER OF WARRANTIES.
B. EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
11. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, OOPSYTUBES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ITS WEBSITE OR RESULTING FROM THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING OR USING THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OOPSYTUBE AND ITS OWNER EXCEED FIFTY DOLLARS ($50.00). THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (NEGLIGENCE OR OTHERWISE) AND WHETHER OR NOT OOPSYTUBE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND IF A REMEDY IS FOUND TO HAVE FAILEDITS ESSENTIAL PURPOSE.
12. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using the Service you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Service or any third party use of your account regardless of whether you authorized such use or not. By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.
14. CHOICE OF LAW, VENUE AND JURISDICTION.
This site (excluding third party linked sites) is owned and controlled by Edge Marketing Solutions, LLC (Company) from its offices within the State of North Carolina, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from North Carolina, by accessing this site, both you and Company agree that the statues and laws of North Carolina shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Charlotte, North Carolina and any legal proceedings shall be conducted in English. Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or US Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify Company against any action you undertake to use oopsytube.com and the Services . This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
15. GENERAL TERMS.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oopsytube as a result of these Terms or your use of the Service. Our performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
These Services are operated and provided by Edge Marketing Solutions, LLC. If you have any questions regarding these Terms please contact us firstname.lastname@example.org or you may send us mail at P.O. Box 29502, #56099, Las Vegas, NV 89126-9506