VideoMize makes efforts to maintain the security of its network and the data we collect. We use various technologies, including, in certain instances, encryption, to ensure security standards. VideoMize treats data that is stored on its servers as confidential information. VideoMize has an internal security policy with respect to the confidentiality of customer and other data, limiting access only to those employees who we reasonably believe need to know such information for the purpose of performing their jobs. Please keep in mind, however, that the Internet is not a 100% secure medium. Therefore, although VideoMize uses reasonable efforts to protect information, the possibility of somebody defeating its security measures does exist and none of our security measures should be viewed as a guarantee.
Videomize product and services, herefore to be referred to as “the Sites,” are NOT to be directed toward children under 18. We do not knowingly collect personally-identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally-identifiable information without their consent, he or she should contact videomize.tv at “email@example.com.” If VideoMize becomes aware that a child under 13 has provided us with personally-identifiable information, videomize.tv will delete such information from our files.
Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the suspension or termination of the infringing party’s account. Please note that we can only address infringing materials posted on the Site that have been reported to us, and cannot be responsible if any User Generated Content is re purposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) your full name, address, telephone number, name of the forum and email address (also, please provide information, if possible, sufficient to permit VideoMize to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
(b) a detailed description of the copyrighted work that you claim has been infringed (for example, “The copyrighted video at issue is the post titled name that appears on hosting.videomize.tv
(c) a description of where the material you claim is infringing is located on the Site. You must identify each video that is a potential infringement. Additionally, you must provide a timestamp of your original video and a timestamp of the video on the platform that is potentially infringing. This requires you to provide: (i) the URL for each allegedly infringing video and (ii) the exact time that each video was posted.. For example, suppose (hypothetically) that you owned a video site and you located material that you claim is infringing your copyrighted work. In this case, you would provide the following information:
youtube.com video link: http://www.youtube.com/channel name Posted on 12:02 AM 12/12/10.
(d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”);
(e) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf (e.g. “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.”);
(f) an electronic or physical signature of the person authorized to act on behalf of the copyright owner (e.g. if sent within an email rather than in a physical document or a digital document attached to an email, the authorized person’s name typed followed by “//s//”, which will serve as an electronic signature); and
(g) Our agent may be contacted as follows: firstname.lastname@example.org
What We Do When We Receive A Proper DMCA Notice
Company will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of VideoMize's Network will comply with applicable copyright laws. However, if VideoMize is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. VideoMize will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If material on your site is removed or your site is disabled due to operation of the Company notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification
To write a proper counter-notification, please provide the following information:
1. Identify the specific URLs or other unique identifying information of material that Company has removed or to which Company has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA take-down notification or their agent.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
4. Sign the counter-notification either electronically or physically.
5. Send the written communication to the following address: email@example.com
Indemnification. You agree to indemnify, defend and hold harmless Videomize, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Video Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
Third Party Rights. The provisions of paragraphs (Indemnification) (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
User Representations. You represent and warrant that you are at least the age of majority in your jurisdiction and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least the age of majority, but are at least 13 years of age, you may have a parent or guardian accept these terms on your behalf . You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between VideoMize and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.