INTRODUCTION
Welcome to the YesVideo
Web Site (the "Site"),
provided to you by Backup Systems
Pty Ltd, Australian and New
Zealand provider of
YesVideo products by
YesVideo, Inc.
("YesVideo"). Please
review the following terms of
service before using this
Site. This agreement, and any
other terms and conditions
posted on any individual page
of this Site, governs the
Member services on the Site.
Use of this Site constitutes
acceptance of these terms and
creates a binding legal
agreement wherein you agree to
use the Site in a manner
consistent with all applicable
laws and according to the
terms and conditions listed
below.
TERMS
OF MEMBERSHIP
Membership is available to
anyone who provides all
required information including
your name, and an accurate and
legitimate email address. In
addition, each member can
create a YesVideo
password for future access to
the Site. Members will receive
periodic updates about
YesVideo and may be
invited to test new products
and services. Members may be
invited to upload one or more
Playlists and review them in
the Member's Area.
Members may only have one
active membership at
YesVideo. "Active
membership" means one
individual person may have
only one member account. An
individual member may not
have multiple accounts but
may have multiple Playlists
so long as the total amount
of stored data does not
exceed the maximum allowed
storage capacity at any one
time.
To
view a Member Playlist,
registration is required.
Registration with YesVideo
creates membership.
Membership
is non-transferable.
Membership
and the YesVideo
service is also governed by
the YesVideo Privacy
Statement. Please click
here to review our Privacy
Statement.
All
use of this Site is subject
to the following:
Member's
Playlists may not be
modified or altered in
any way, except by the
owner of the Playlist.
Except
as expressly provided
herein, Members may not
use, download, upload,
copy, print, display,
perform, reproduce,
publish, license, post,
transmit or distribute
any materials from this
site in whole or in part
without the prior
written permission of
YesVideo.
YesVideo claims
no ownership rights in
the content of Member's
Playlists. For the sole
purpose of displaying
Playlist content to
selected persons, and to
fulfill Member's webcast
order, Members grant to
YesVideo, Inc. a
non-exclusive,
worldwide, royalty-free
license to use,
download, upload, copy,
print, display,
reproduce, modify,
publish, post, transmit
and distribute any
material included in a
Member's Playlist. We
will not use Member's
images for marketing
purposes or any other
purposes without
obtaining the Member's
express permission.
GUIDELINES
FOR MEMBERS
YesVideo
does not control the
content of any Member's
Playlist and does not have
any obligation to monitor
such content. Therefore,
all content is the
responsibility of the
Member, not
YesVideo.
YesVideo
makes no express or implied
warranties about the
reliability of the Playlist
, and is not responsible
for any damage caused by
loss, deletion or
alteration.
Unacceptable
actions and content on the
Site, listed below, will
constitute grounds for
blocking access, removal of
posted material and/or
membership termination. It
is a condition of your use
of the Site that Members do
not:
Upload,
post, email or otherwise
transmit any content
that is unlawful,
harmful, threatening,
harassing, defamatory,
obscene, vulgar,
invasive of another's
privacy, hateful, or
otherwise objectionable;
Upload,
post, email or otherwise
transmit any content
that Member does not
have a right to transmit
under any law or under
contractual or fiduciary
relationships (such as
inside information,
proprietary and
confidential information
learned or disclosed as
part of employment
relationships or under
nondisclosure
agreements) or any
content that infringes
any patent, trademark,
trade secret, copyright
or other proprietary
rights of any party;
Harm
minors in any way;
Forge
headers or otherwise
manipulate identifiers
in order to disguise the
origin of any content
transmitted through the
Site;
Upload,
post, email or otherwise
transmit any material
that contains software
viruses or any other
computer code, files or
programs designed to
interrupt, destroy or
limit the functionality
of any computer
software; upload, post,
email or otherwise
transmit any unsolicited
or unauthorized
advertising, promotional
materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or
any other form of
solicitation;
Interfere
with or disrupt (or
attempt to interfere
with or disrupt) the
Site or servers or
networks connected to
the Site, or disobey any
requirements,
procedures, policies or
regulations of networks
connected to the Site;
Exhibit
expressions of abuse,
offensive language and
imagery, obscenity, or
pornography, including,
but not limited to,
child abuse, child
pornography, depictions
of minors engaged in
sexual conduct or
explicitly sexual
situations, or any other
material that could give
rise to any civil or
criminal liability under
applicable state or
federal law, or
violating any laws or
regulations of any
governing body having
jurisdiction over
YesVideo, Inc.,
its affiliates or users.
TERMINATION
OF MEMBERSHIP SERVICE
YesVideo
may terminate Membership
and delete any and all
information, communications
and playlists at any time,
without notice, for conduct
violating this Agreement or
other policies or
guidelines set forth by
YesVideo elsewhere
on the Site.
YesVideo
may terminate Membership
and delete any and all
information,
communications, postings,
and image files at any
time, without notice, for
online conduct that
YesVideo believes is
harmful to other Members,
the business of
YesVideo, or other
third party information
providers.
YesVideo
reserves the right at all
times to disclose any
information posted by
Member or any other user as
necessary to satisfy any
law, regulation or
governmental request, or to
edit, refuse to post or to
remove any information or
materials, in whole or in
part, that in
YesVideo's sole
discretion are
objectionable or in
violation of these terms
and conditions.
DISCLAIMER
OF WARRANTY AND LIMITATIONS OF
LIABILITY
YesVideo
hereby disclaims any and
all responsibility or
liability for the accuracy,
content, completeness,
legality, reliability, or
operability or availability
of information or material
in this Site.
YesVideo further
disclaims any
responsibility for the
deletion, failure to store,
misdelivery, or untimely
delivery of any information
or material.
YesVideo disclaims
any responsibility for any
harm resulting from
downloading or accessing
any information or material
through the Site. You, the
Member, will bear all risk
associated with any content
that you access. Accessing
any content made available
by or through
YesVideo and third
parties is subject to
Member's agreement to this
provision and these Terms
and Conditions.
Video
Processing - Limit of
Liability and Remedy. All
processing of Members'
video is subject to
YesVideo, Inc.'s
Terms of Service.
Submitting any videotapes
to YesVideo for
processing, storage,
transmission or other
handling constitutes an
agreement by Member that
any damage or loss by
YesVideo, Inc., it's
subsidiaries, employees, or
agents, even if caused by
negligence or other fault,
will only entitle Member to
replacement with a like
amount of blank videotape
and processing. Except for
the exclusive remedy of
replacement, the handling
of any videotape is without
warranty or liability and
recovery for any incidental
or consequential damages is
excluded.
THIS
SITE AND ALL PRODUCTS AND
SERVICES PROVIDED THROUGH
IT ARE PROVIDED "AS IS"
WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE
WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT, ARE
EXPRESSLY DISCLAIMED. TO
THE FULLEST EXTENT
PERMITTED BY LAW,
YesVideo DISCLAIMS
ANY WARRANTIES FOR THE
SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE
OF THIS SERVICE.
YesVideo DISCLAIMS
ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON
THIS SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED
IN THE SITE, AS WELL AS FOR
ANY INFORMATION OR ADVICE
RECEIVED THROUGH THE SITE
OR THROUGH ANY LINKS
PROVIDED IN THE SITE.
YesVideo SIMILARLY
DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW,
ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE
OBTAINED THROUGH THE SITE.
YOU,
THE MEMBER, UNDERSTAND AND
AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF
THE PRODUCTS AND SERVICES
IS DONE AT YOUR OWN
DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT MAY
RESULT IN THE DOWNLOAD OR
UPLOAD OF SUCH MATERIAL.
UNDER
NO CIRCUMSTANCES SHALL
YesVideo BE LIABLE
TO ANY USER ON ACCOUNT OF
THAT USER'S USE OR MISUSE
OF AND RELIANCE ON THE SITE
OR ITS ASSOCIATED PRODUCTS
AND SERVICES. SUCH
LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT
RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF
YesVideo HAS BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON
THE SITE, PRODUCTS OR
SERVICES, FROM INABILITY TO
USE THE SITE, OR FROM THE
INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE SITE
OR DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR
ADVERTISED ON THIS SERVICE
OR RECEIVED THROUGH ANY
LINKS PROVIDED ON THIS
SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES
OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE
PRODUCTS AND SERVICES.
THE
FOREGOING DISCLAIMERS,
WAIVERS AND LIMITATIONS
SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED
REMEDY.
GOVERNING
LAW All
legal issues arising from or
related to the use of this
Site shall be construed in
accordance with, and all
questions with respect thereto
shall be determined by, the
laws of the State of
California without regard to
conflicts of law principles.
By using this Site and
agreeing to these Terms and
Conditions, Member consents to
personal jurisdiction and
venue in the state and federal
courts located in and serving
Santa Clara Country,
California with respect to
such disputes arising out of
or relating to these Terms and
Conditions or Member's use of
the Site.
INDEMNITY By using this web site
Member agrees to indemnify
YesVideo and it's
parents, subsidiaries,
affiliates, directors,
officers, consultants and
employees and hold them
harmless from any and all
claims and expenses, including
attorney's fees, arising from
Member's use of this Service.
MODIFICATION
OF TERMS YesVideo reserves the
right to change this policy at
any time, for any reason, and
without notice, including the
right to terminate these
services. Therefore, it is
Member's responsibility to use
this Site only for the purpose
in which it was intended. Any
use of the Site not in
accordance with the intended
purpose is prohibited.
ENTIRE
AGREEMENT These Terms of Service
constitute the entire
agreement between the you, the
Member, and YesVideo
with respect to the subject
matter contained herein and
supersedes any other
agreement, proposals and
communications, written or
oral, between
YesVideo's
representations and you with
respect to the subject matter
hereof, except that any other
terms and conditions located
on any individual site
associated with
YesVideo are
incorporated herein by this
reference to the extent they
do not conflict with these
Terms of Service.
VIOLATIONS
OF TERMS OF SERVICE
Should Member violate these
Terms of Service or any other
rights of YesVideo,
YesVideo reserves the
right to pursue any and all
legal and equitable remedies
against Member, including,
without limitation,
terminating any and all user
accounts. If YesVideo
should fail to enforce any
right or provision in these
Terms of Service, Member
agrees that this failure does
not constitute a waiver of
such right or provision or of
any other rights or provisions
in these Terms of Service. If
a court should find that one
or more rights or provisions
set forth in these Terms of
Service are invalid, Member
agrees that the remainder of
the Terms of Service shall be
enforceable and that, to the
extent permitted by law, the
court shall give effect to the
parties' intentions, as
reflected in any such right or
provision that has been
declared invalid or
unenforceable.
REPORTING
VIOLATIONS OF THESE TERMS OF
SERVICE
Any violations of these Terms
of Service should be
immediately reported to
YesVideo by email to
yvsupport@yesvideo.com.au.
