Terms and Conditions
Last Updated: This Agreement was last revised on March 8, 2023.
- GRANTS OF RIGHTS (INCLUDING THE RIGHTS TO USE AND EXPLOIT YOUR CONTENT) TO US,
- LIMITATIONS ON OUR LIABILITY,
- CHOICE OF JURISDICTION (TENNESSEE) AND GOVERNING LAW (TENNESSEE),
- FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES.
My Video Vault LLC (“My Video Vault”, “we”, “our”, or “us”) operates My Video Vault, a place where people come to record, store, and share. The services offered by My Video Vault include (i) those offered on any My Video Vault branded URL (the “Site”), and (ii) all related features, content, services, software applications (including the My Video Vault mobile application (the “App”)), and networks (collectively, the “Services”).
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept the Agreement and that you agree to comply with it, whether you are a “Visitor” (which means that you simply browse the Services via a Member’s invitation, including, without limitation, through a mobile or other wireless Device, or otherwise use the Services without paying Membership fees through a “Viewing Membership” as further defined on the Site) or you are a “Member” (which means that you have registered with My Video Vault and agreed to (i) pay associated Membership fees for an “Unlimited Membership” or any paid Membership as further defined on the Site, or (ii) take advantage of a promotional introductory Membership to enjoy limited functionality of the App (including without limitation, a “Freemium Membership”)). The term “User” refers to a Visitor or a Member who has created an account on the App (an “Account”). You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement.
By using the Services, you agree to the following:
Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited and subject to compliance with Applicable Law, this Agreement and any applicable Other Terms. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and are fully able and competent to enter into this Agreement, and (d) your use of the Services does not violate any Applicable Law. You may not create an Account for anyone other than yourself without the other person’s permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for use of the Services.
- Term, Terms, and Termination
- Changes to this Agreement. PLEASE NOTE THAT THE TERMS OF THIS AGEEMENT ARE SUBJECT TO CHANGE BY MY VIDEO VAULT IN ITS SOLE DISCRETION AT ANY TIME, AND WE MAY CEASE OFFERING THE SERVICES AT ANY TIME. When changes are made, we will make a new copy of this Agreement available at the Site and any new terms will be made available from within, or through, the Site. We will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you are a User, we will also send an e-mail to you at the last e-mail address you provided to us in accordance with this Agreement. Any changes to this Agreement will be effective immediately for new Visitors and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such change(s). We are not responsible for the ongoing integrity, accessibility, or usability of any uploaded files so please back up any data you upload to the App.
- Termination without cause. You may terminate your Membership at any time, for any reason. You will not be permitted to use your membership after such termination, effective immediately. MY VIDEO VAULT MAY TERMINATE THE SERVICES AND/OR YOUR MEMBERSHIP AND REMOVE YOUR ACCOUNT OR CONTENT, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Termination for cause. WE EXPRESSLY RESERVE THE RIGHT TO TERMINATE THE SERVICES AND/OR YOUR MEMBERSHIP AND REMOVE YOUR ACCOUNT OR CONTENT, IN WHOLE OR IN PART, AND/OR DENY, RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO ALL OR ANY PARTY OF THE SERVICES, IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOU HAVE VIOLATED THIS AGREEMENT, ARE ACTING IN A MANNER WE DEEM INAPPROPRIATE FOR THE SERVICES, OR POSE A THREAT TO US, OUR EMPLOYEES, OUR MEMBERS, THE PUBLIC, OR OUR BUSINESS PARTNERS. We also retain the right to delete your Account and any content therein if it remains inactive for thirty (30) days or longer and you are not paying Membership fees.
- User obligations after termination. Even after Membership is terminated, or you cease using the Services, some terms of your Agreement with My Video Vault will remain in effect, including, without limitation, Section 5.
- Retention of Content. Even if your account has been terminated, any and all Content (hereinafter defined) uploaded to your Account at any time prior to the termination date may be retained by us and any third-party partners who had access to such Content prior to termination indefinitely. Moreover, even if Content is removed from the App, the Site, and/or the Services, we cannot and do not make any guarantees that third parties who had access to such Content prior to removal will delete any copies of such Content in such third parties’ possession prior to removal.
- No obligation to retain Content. Despite the foregoing, My Video Vault has no obligation to retain any Content and may, at its sole discretion, decide to delete any Content from the Services after your account is terminated. Therefore, you are advised to save or back up any Content in your account before termination. My Video Vault assumes no liability for any material that may be irretrievably deleted following termination of your account.
- Legacy. For Members who have paid Membership fees for no less than one (1) year, My Video Vault will provide the videos created by or shared with Member to Member (or a person designated by Member to receive the legacy file, a “Legacy”) in a format available to Member outside of the Services. Members who have taken advantage of a promotional introductory Membership to enjoy limited functionality of the App without paying fees (including without limitation, Freemium Members) will have no right to a Legacy. Without a Legacy contact designation, access to these videos will be granted at My Video Vault’s discretion and in accordance with applicable law. Your friends and family may need to provide a court order naming them as your heirs in order to gain access to the videos. Further, My Video Vault will not be responsible for data retention absent a Legacy designation.
- Account; Membership; Fees; Offers; and Refunds
- Changes. You acknowledge that My Video Vault reserves the right to charge for any portion of the Services and to change any and all aspects of the Services or Membership plans, including the fees (if any) from time to time in its discretion.
- Customer support. We may offer customer support services from time to time, but are not obligated to do so. Customer support representatives do not have the authority to bind us or to change or waive our rights under this Agreement or any Other Terms.
- Account. In order to access most features of the Services, you will have to create an account and choose a username. If you do so, we will have access to information on your account such as your email address, profile picture and other information if you grant us permission. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES. ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND WILL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF MY VIDEO VAULT. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. If you suspect any unauthorized use of your Account, notify us immediately.
- Password. When you create an Account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify My Video Vault immediately if you suspect any unauthorized use of your Account or access to your password.
- Fees. If you sign up as a Member, you agree to pay us all Membership (also referred to a subscription) fees associated with the plan you subscribe to as described on the Site or elsewhere within the Services, at the time you subscribe and provide your payment information. Memberships purchased via https://myvideovault.com/myvv-memberships are billed either on a one time, monthly or annually basis. Unless you purchase a one-time Membership, your selected payment method will be charged automatically on a recurring monthly or annual basis. Your Membership will be renewed automatically, and you will be charged in advance of each billing cycle. You authorize My Video Vault to automatically bill any and all cards on file for the membership fee and/or any other charges My Video Vault deems necessary. FEES ARE INDISPUTABLE AND NON-REFUNDABLE.
- Account Cancellation. You may cancel your account at any time during your use of the Services. To cancel your Membership, you must click on the “Memberships” tab in the Settings menu, and from there you must click “Cancel Membership”. When cancelling a monthly Membership, all future charges associated with future months of your Membership will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however, your Membership access and accompanying Member benefits will continue for the remainder of the current monthly billing period. When cancelling an annual Membership, all future charges associated with future years of your Membership will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term; however, your Membership access and accompanying Member benefits will continue for the remainder of the current annual billing period. DELETING AN ACCOUNT WILL NOT CANCEL A MEMBERSHIP. YOU WILL HAVE TO CANCEL ANY MEMBERSHIPS BEFORE DELETING YOUR ACCOUNT. For support, please contact us at email@example.com.
- Late fee. Members who fail to update their account with a valid, working credit card are subject to a 10% late fee for all payments that are past due by thirty (30) days or more. For example, an account that is delinquent for sixty (60) days is liable to pay the balance owed for 2 months plus 10% of the total balance.
- Promotions. Promotions (including without limitation the Freemium Membership) may be offered to members at My Video Vault’s sole discretion. My Video Vault does not provide price protection or refunds in the event of a price reduction or promotional offering. My Video Vault reserves the right to revoke your Membership and any orders without a refund if you are found using these promotions more than once. Creating new or fake accounts in order to use promotional codes again is in violation of this Agreement, and may result in termination of your account without a refund.
- Use by Users
- Personal use only. The Services are for the personal use and may only be used for direct commercial purposes if they are specifically endorsed or authorized by My Video Vault. We reserve the right to remove commercial content in our sole discretion. Without limiting the generality of the commercial use restrictions, the unauthorized collection of usernames, user id numbers or similar designation, and/or email addresses of Users by electronic or other means, or employing third party promotional sites or software to promote Users for money, is prohibited. Commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Accounts without notice or explanation and may result in termination of Membership privileges or access to the Services.
- Monitoring. To maintain the Services in a manner we deem appropriate and to the maximum extent permitted by applicable law, we may, but will not have any obligation to, access, review, monitor, screen, display, reject, refuse to post, store, maintain, accept or remove any Content (hereinafter defined) posted in the App (including, without limitation, private requests and videos)) by you, and My Video Vault may, in its sole discretion, delete, block, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or the Agreement or any applicable Other Terms, including, without limitation, the Content restrictions set forth below in Section 7.
- Proprietary Rights in Content on My Video Vault
- License grant. My Video Vault does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Services. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By posting any Content on, through or in connection with the Services, you hereby grant to My Video Vault a limited license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Services and any Content included therein, in any media formats and through any media channels. Content submitted by Users and authorized by the User to be distributed on Linked Services need not be maintained on the Services by us for any period of time.
- Perpetual license. The license you grant is perpetual; provided, however, that after you remove your Content from the Services, we will make commercially reasonable efforts to remove such specific deleted Content from further distribution on the Services, as soon as practicable but, please be aware that any distribution of your Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., contributed to a mashup of Content from multiple Users, etc.) may continue to be displayed, distributed and used. Further, deleted Content may, but is not required to, persist in archival copies on My Video Vault servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of the Services (e.g., as part of a derivative work), My Video Vault is under no obligation to delete or ask other Users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely.
- Royalty-free license. The license you grant to My Video Vault is non-exclusive, fully-paid and royalty-free (meaning that My Video Vault is not required to pay you or anyone else deriving rights from you for the use by My Video Vault of the Content that you post or create), sublicensable (so that My Video Vault is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), and worldwide (because the Internet and the Services may be global in reach).
- Likeness. You also hereby grant to My Video Vault, and agree to grant to My Video Vault, the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your Account information and information about your activities on the Services, without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honor your elections.
- Moral right. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5.
- Lawful license. Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor (including yourself) who is depicted in or contributed to any Content you submit, and that, as to that Content: (i) you are the sole author and/or owner of the Content posted by you on, through or in connection with the Services, or otherwise have the lawful right to grant the license set forth in this Section 5 or that is provided in any Other Terms, all without any My Video Vault obligation to obtain consent of any third party and without creating any obligation or liability of My Video Vault, (ii) the Content is accurate (other than as authorized in Section 7); (iii) the posting of your Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity; and (iv) the Content will not violate this Agreement (including the prohibitions in Section 7 or any Other Terms), or cause injury or harm to any person. You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Services and/or Linked Services.
- Unsolicited Ideas and Materials. In your communications with My Video Vault, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even My Video Vault improvements to products or services, such as ideas, concepts, inventions, or designs for musical productions or equipment, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or webisodes (collectively, “Unsolicited Ideas and Materials“). Any Unsolicited Ideas and Materials you send to us (via the Services or otherwise) are deemed User Content and licensed to us as set forth in this Section 5. In addition, My Video Vault retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. My Video Vault’s receipt of your Unsolicited Ideas and Materials is not an admission by My Video Vault of their novelty, priority, or originality, and it does not impair My Video Vault’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
- My Video Vault Content. The Services contain Content owned by My Video Vault (“My Video Vault Content“). My Video Vault Content is protected by copyright, trademark, patent, trade secret and other laws, and My Video Vault owns and retains all rights in the My Video Vault Content and the Services. My Video Vault hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the My Video Vault Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
- My Video Vault Licensed Elements. From time to time, My Video Vault may make available to Users certain explicitly designated My Video Vault Content for Users use as part of User Content (defined below) (“My Video Vault Licensed Elements“) (e.g., keywords and themes, suggested requests, etc.), but only for such purposes as may be explicitly stated at the time that the My Video Vault Licensed Elements are made available on the Services; we and our licensors and certain other third parties, as the case may be, retain ownership of such My Video Vault Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any My Video Vault Content, and (ii) may be immediately suspended or terminated for any reason, in My Video Vault’s sole discretion, and without advance notice or liability.
- No sale of Content. In some instances, we may permit you to have greater access to and use of My Video Vault Content and/or My Video Vault Licensed Elements. You are only granted a limited license, and, as between you and My Video Vault, there is not a sale with respect to My Video Vault Content and/or My Video Vault Licensed Elements.
- User Content. The Services contain Content of Users (“User Content”). Except as otherwise provided within this Agreement, or in any Other Terms, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Services.
- Third-Party Content. The Services may contain Content of third-party licensors that are not Users (such licensors, “Third-Party Licensors” and such content “Third-Party Content“). Third-Party Content is protected by copyright, trademark, patent, trade secret and other laws, and each Third-Party Licensor retains rights in its Third-Party Content. Subject to any applicable Other Terms, you are hereby granted a limited, revocable, non-sublicensable license to view, or listen to, as applicable, the Third-Party Content solely for your personal, non-commercial use in connection with viewing and using the Services and in connection the use of a standard Internet browser (e.g., for making cache copies). Except for the foregoing limited license, and except as otherwise expressly provided in writing by My Video Vault, you are granted no right, title or interest in any Third-Party Content. You are only granted a limited license, and, as between you and My Video Vault, there is not a sale with respect to Third Party Content. Except as otherwise provided within this Agreement or applicable Other Terms, or directly authorized by My Video Vault and/or a Third Party Licensor on the Services (e.g., as part of a promotion that encourages you to download specific Third Party Content for your use in connection with such promotion), you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third-Party Content (except as may be a result of standard search engine activity or use of a standard Internet browser).
- Storage capacity. My Video Vault reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Services.
- No additional rights. This Agreement and any Other Terms include only narrow, limited grants of rights to My Video Vault Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by My Video Vault and its licensors and other third parties. Any goodwill that is created in connection with your use of My Video Vault Content or the My Video Vault Services inures to My Video Vault. Any unauthorized use of any My Video Vault Content or the Services for any purpose is prohibited.
- Content Posted
- Prohibited Content. Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. Your Account may not include any form of Prohibited Content (hereinafter defined), as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and My Video Vault assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please report the Content directly to our support team at firstname.lastname@example.org.
- Responsibility for prohibited Content. My Video Vault may, without prior notice, reject, refuse to post or delete any Content that, in the sole judgment of My Video Vault, violates this Agreement, is inappropriate for the Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, we are not obligated to take any action not required by law. My Video Vault, may, but assumes no responsibility or obligation for reviewing or monitoring the My Video Vault Services for inappropriate Content or conduct. If at any time My Video Vault chooses, in its sole discretion, to review or monitor the Services, My Video Vault nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the Services and/or Linked Services, and any material or information that you transmit to other Users.
- Circle. We offer a feature on the App (a “Circle”) that enables users to create a space to share stories and engage with family, friends, neighbors, groups and colleagues. Select Members can create a Circle. If you are creating a Circle on behalf of an Entity, you are representing that you have express authorization from such Entity to create the Circle. When you create a Circle, you are the owner of such Circle and you will be liable for the requests and related content made available through the Circle. Only members of a Circle can create, view, and/or request Content in the Circle. Users may become members of a Circle by invitation only. My Video Vault expressly disclaims any and all liability in connection with all such requests and Content. If you display any logo or branding on your Circle or otherwise throughout the Services, you hereby grant to My Video Vault a limited, non-exclusive, royalty-free license to use and display your logo, branding, and other distinctive symbols you elect to be included within the Services in connection with the development, promotion and display of your Circle, Account, and use of the Services.
- Content/Activity Prohibited
- Prohibited Content. We limit use of the Services to Content and activities that are appropriate, in our discretion. The following are examples, without limitation, of the kind of Content or activities that are illegal, or prohibited to post on, through or in connection with the Services (“Prohibited Content”). My Video Vault reserves the right to investigate and take appropriate action (which may include taking legal action) against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from the Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. We may seek to gather information from the User who is suspected of violating this Agreement and from any other User, and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails, or publishing or otherwise making available any Content that is believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS MY VIDEO VAULT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MY VIDEO VAULT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER MY VIDEO VAULT OR LAW ENFORCEMENT AUTHORITIES.
- Prohibited Content defined. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of My Video Vault:
- is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or links to an adult website;
- solicits or is designed to solicit personal information from anyone under age 13;
- solicits or is designed to solicit an inappropriate or unlawful relationship with another User;
- publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on the Services without authorization);
- Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- depicts firearms or other weapons that is not related to sportsman activities;
- solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without prior written consent from My Video Vault such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person’s consent;
- uses sexually suggestive imagery or any unfair, misleading or deceptive content; or
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- Removal of Prohibited Content. Prohibited Content, including unauthorized commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from the App without notice or explanation.
- Prohibited Activity. The following are examples of the kind of activity that is illegal or prohibited on the App and through your use of the Services (“Prohibited Activity”). Prohibited Activity on, through, or in connection with the Services includes, but is not limited to:
- criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
- advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Services;
- unless permitted by law, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- except as may be permitted by Other Terms or our intended use of functionality made available by us to you on the Services, modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Services or as may be the result of standard search engine activity or use of a standard Internet browser;
- providing or using “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify other Users’ views, actions or other activities on the Services;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- impersonating or attempting to impersonate My Video Vault or a My Video Vault employee, administrator or moderator, another Member, or person or entity;
- using the Account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your Account;
- using or distributing any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- displaying an unauthorized commercial advertisement on your Account, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the Services on behalf of that person;
- using any automated system, including, but not limited to, robot, both rover, spider, scraper, crawler, spyware, scripts, engine, device, software, extraction tool in order to monitor, harvest, copy or distribute Content or other personal information of Users, or other data from the Services for the purposes of sending unsolicited or unauthorized material, selling to data aggregators or similar entities, or revealing personal information publicly;
- engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
- the unauthorized posting of any private information of any person;
- modifying, adapting, translating, altering, reverse engineering, copying, decompiling, reverse assembling, disassembling, unencrypting, unhashing, or creating derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from any portion of the Services or the data or technology underlying their operation; or
- using the Services in a manner inconsistent with this Agreement or Applicable Law.
Protecting Copyrights and Other Intellectual Property
- Notice of Infringement. My Video Vault respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity. It is My Video Vault’s policy to terminate, in appropriate circumstances, the Membership of repeat or substantial infringers. Anyone who believes that his or her work has been reproduced in the Services in a manner which constitutes copyright infringement may submit a notification to My Video Vault (email@example.com) in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
- information for our legal department to contact you (such as an address, telephone number and email address);
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate and, under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
- Repeat infringers. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by noting this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. It is My Video Vault’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of Users who repeatedly infringe copyrights or other intellectual property rights of others. Further information on the DMCA can be found in 17 U.S.C. 512.
- Privacy and Communications
- Communications. My Video Vault performs technical functions it deems necessary or appropriate to offer the Services, including, but not limited to, transcoding and/or reformatting Content to allow its use throughout the Services. In addition, you agree and acknowledge that My Video Vault may send messages ((including, without limitation, text messages or emails (collectively, “Messages”)), whose content may include, but not be limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Services, and/or the services of My Video Vault’s affiliates and/or third-party business partners. We offer you certain choices as to what type of commercial communications you receive from the Services, which you can exercise, for example, by sending us a return email asking to be omitted from future email distributions, and we will make good faith efforts to honor those choices. However, regardless of your elections we reserve the right to contact you to address transactional and operational issues related to your Account, Membership or activities in connection with the Services.
- Method of communication. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from My Video Vault by the same method. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF AND INTERACTION WITH OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
- Disclosure to law enforcement. My Video Vault may interact with law enforcement regarding your use of the Services. You acknowledge and agree that My Video Vault may make your information available to law enforcement.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY VIDEO VAULT IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE MY VIDEO VAULT CONTENT ON OR PROVIDED THROUGH THE SERVICES; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE SERVICES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM MY VIDEO VAULT OR OTHERS VIA THE SERVICES.
- IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY VIDEO VAULT IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES.
- THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. MY VIDEO VAULT IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY MY VIDEO VAULT. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE MY VIDEO VAULT SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY MY VIDEO VAULT. WHEN YOU ACCESS THESE THIRD-PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. MY VIDEO VAULT TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE MY VIDEO VAULT SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. MY VIDEO VAULT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. MY VIDEO VAULT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. MY VIDEO VAULT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S DEVICE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
- UNDER NO CIRCUMSTANCES SHALL MY VIDEO VAULT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A MY VIDEO VAULT EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND MY VIDEO VAULT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. MY VIDEO VAULT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.
- Limitation on Liability
- IN NO EVENT SHALL MY VIDEO VAULT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING THE CONTENT AND MY VIDEO VAULT CONTENT) OR THE PERFORMANCE OF THE SERVICES, (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MY VIDEO VAULT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICES, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER’S DEVICE, COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF MY VIDEO VAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY VIDEO VAULT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MY VIDEO VAULT FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF MY VIDEO VAULT WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.
- Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
- U.S. Export Controls
Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws, including restrictions pursuant to the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Departments’ Table of Deny Orders, or the U.S. Export Administration Regulations. Downloading or using the Software is at your sole risk and subject to compliance with all Applicable Laws.
- Legal Disputes
- DISCLAIMER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MY VIDEO VAULT HAVE AGAINST EACH OTHER ARE RESOLVED.
- Agreement to Arbitrate. You and MY VIDEO VAULT agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Site, or the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section (“Agreement to Arbitrate”).
- Governing Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
- Arbitration. You and My Video Vault each agree that any and all disputes or claims that have arisen or may arise between you and My Video Vault relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Site, or the Services, shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith.
- INDIVIDUAL BASIS ONLY. YOU AND MY VIDEO VAULT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND MY VIDEO VAULT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
- Agreement applies. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court in Hamilton County, Tennessee.
- AAA. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
- Notice. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to My Video Vault should be sent to:
My Video Vault
309 Renaissance Court
Chattanooga Tennessee 37419
My Video Vault will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
- Initiate proceedings. If you and My Video Vault are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or My Video Vault may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or My Video Vault shall not be disclosed to the arbitrator.
- Procedure. The arbitration hearing shall be held in Hamilton County, Tennessee, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and My Video Vault submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or My Video Vault may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.
- Award. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer” and “Limitations on Liability” sections above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).
- Amendment to this section. Notwithstanding any provision herein to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against My Video Vault prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and My Video Vault. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Site or by providing notice by email. If you do not agree to these amended terms, you may close your Account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.
- Jurisdiction. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and My Video Vault must be resolved exclusively by a state or federal court located in Hamilton County, Tennessee. You and My Video Vault agree to submit to the personal jurisdiction of the courts located within Hamilton County, Tennessee for the purpose of litigating all such claims or disputes.
The Services may offer certain features and services that are available to you via your wireless Device used to access the Services. These features and services may include the ability to access the Services’ features and upload content to the Services, receive text messages from My Video Vault, and download the App to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or Device. You should check with your carrier to find out what plans are available and how much they cost or any other questions regarding these carrier-related issues. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your setting on the Services to reflect the changes.
- Operation of Services; Availability of Services; International Issues
- For use in U.S. My Video Vault controls and operates the Services from its U.S.-based offices in the United States, and My Video Vault makes no representation that the Services are appropriate or available for use beyond the U.S.A, or will continue to be offered in other locations. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
- BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
- Software End User License Agreement
- Software License. The Software is My Video Vault Content. Subject to the terms of this Agreement, My Video Vault grants you a limited, non-exclusive, non-sublicensable license to use the Software solely to access the Services. You are not authorized to use the Software in any other manner.
- Without limiting the generality of the foregoing, you may not and must not allow any third party to:
- Modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or the Services or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Services through the Software;
- Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Software;
- Obtain or attempt to obtain unauthorized access to the Services through the Software;
- Block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute a part of the Services as made available via the Software;
- Incorporate, integrate or otherwise include the Software or any portion of it (including the communications protocols) into any other service, software, program or product that communicates, accesses, or otherwise connects with the Service or any other Internet or online service other than as provided by My Video Vault;
- Use the Software in any unlawful manner, for any unlawful purpose;
- Use the Software to operate any mission critical application where human life or property might be at stake. The Software and the Services are not designed for such purposes and their failure in such cases could lead to death, personal injury, or property damage for which My Video Vault is not responsible;
- Sell, lease, loan, distribute, transfer, or sublicense the Software, or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise; and/or,
- Develop a skin or application for use in connection with the Software that infringes the intellectual property or other rights of My Video Vault or any third party.
- License Termination. You may install and personally use the Software only in object code form on a Device controlled by you for your own non-commercial use or benefit. My Video Vault may at any time and in its sole discretion revoke your license to use the Software or suspend or terminate your access to the Software without notice or explanation. If your license to use the Software terminates, you must (a) remove the Software from all hard drives, networks, Devices and other storage media, and (b) destroy all copies of the Software in your possession or under your control. All rights in any third-party data, software, or intellectual property are reserved and remain with the respective third-party owners or licensors. These third parties may enforce their rights against you directly.
- General. This Agreement is accepted upon your use of the App or any of the Services, and is further affirmed by you becoming a Member and any continued access or use of the App or any of the Services. Your agreement with My Video Vault will always include this Agreement at a minimum, except to the extent modified by an Other Agreement to which we have mutually agreed. Your access and use of certain Services will require you to accept Other Terms applicable to such certain Services, in addition to this Agreement, and may require you to download Software or provide Content. The failure of My Video Vault to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. My Video Vault may assign its rights and obligations under this Agreement and any Other Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Other Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of My Video Vault. This Agreement operates to the fullest extent permissible by law. This Agreement represents an agreement between you as a User (or if applicable, Member) of the Services and us as the service provider, and no other person can enforce any of its provisions against My Video Vault. This Agreement (and the documents referred to herein, including, without limitation, Other Terms) constitute the entire agreement between you and us in relation to the use of the Services, and replace and extinguish all prior agreements, arrangements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter.
- Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify, defend (at our election) and hold My Video Vault, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees and costs, alleged by any third party due to or arising out of or in connection with: (a) your use of the Services or Linked Services, and your activities in connection with the Services or Linked Services; (b) your violation or anticipatory violation of any Applicable Law in connection with your use of the Services or Linked Services, or your activities in connection with the Services or Linked Services; (c) a breach or anticipatory breach of this Agreement or any Other Terms; (d) any breach of your agreements, representations and warranties set forth in this Agreement; (e) any Content that you post on, through or in connection with the Services or Linked Services; (f) information or material transmitted through your Device used to access the Services, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (g) any misrepresentation made by you; and (h) My Video Vault’s permitted use of the information that you submit to us (including your Content) (all of the foregoing, “Claims and Losses“). You will cooperate fully as required by My Video Vault in the defense of any Claim and Losses. Notwithstanding the foregoing, My Video Vault retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. My Video Vault reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of My Video Vault.
- Severability. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.
- Support. To contact us regarding any questions about this Agreement, please contact our support team at firstname.lastname@example.org.