YesVideo VHS Tape to DVD service

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YesVideo VHS Tape to DVD service

YesVideo Terms of Service

  1. INTRODUCTION
    Welcome to the YesVideo Web Site (the "Site"), provided to you by VideoWave Pty Ltd, Australian and New Zealand licensed 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.
  2. COPYRIGHT AND TRADEMARK INFORMATION
    © Copyright 2000 YesVideo, Inc. YesVideo, YesVideo.com, YesDVD, YesCD, YesPix, YesPlayer, YesVideo.biz, YesDVD.biz, YesCD.biz, YesPix.biz and the YesVideo logo are trademarks of YesVideo, Inc. All rights reserved. All other YesVideo product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of YesVideo. All other company, product or service names referenced in this Site are used for identification purposes only and are trademarks of their respective owners. All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. YesVideo reserves its rights in and to all other content contained in the Site.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.

 

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