You must be Fifteen (15) or over to register as a member of AgileVids or use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Your Acceptance.
3. AgileVids Website.
A. These Terms of Service apply to all users of the AgileVids Website, including users who are also contributors of video content, information, and other materials or services on the Website. The AgileVids Website includes all aspects of AgileVids, including but not limited to all products, software and services offered via the website such as the AgileVids forum, the AgileVids "Embeddable Player," the AgileVids "Uploader" and other applications.
B. The AgileVids Website may contain links to third party websites that are not owned or controlled by AgileVids. AgileVids has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AgileVids will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AgileVids from any and all liability arising from your use of any third-party website.
4. AgileVids Accounts.
A. In order to access some features of the Website, you will have to create a AgileVids account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AgileVids immediately of any breach of security or unauthorized use of your account.
B. Although AgileVids will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AgileVids or others due to such unauthorized use.
5. General Use of the Website— Restrictions and Permission.
The following is a partial list of the kind of Content that is illegal or restricted on the Website. AgileVids reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
It includes Content that:
You agree not to use the Website, including the AgileVids Embeddable Player for any commercial use, without the prior written authorization of AgileVids.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the AgileVids servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses unless otherwise stated in some area(s) of the AgileVids website.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although AgileVids cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation. AgileVids reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AgileVids deems appropriate in its sole discretion
6. Non Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Proprietary Rights in Content on AgileVids.
AgileVids owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of AgileVids, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. Content Posted on the Site.
A. You understand and agree that AgileVids may review and delete any content, messages, AgileVids Messenger messages, photos or profiles that in the sole judgment of AgileVids violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
B. You are solely responsible for the Content that you publish or display on the Service, or transmit to other Members.
C. By posting Content to any public area of AgileVids, you automatically grant, and you represent and warrant that you have the right to grant, to AgileVids an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AgileVids is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AgileVids is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AgileVids 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, user or Member communications. AgileVids 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will AgileVids be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will AgileVids be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if AgileVids has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AgileVids 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 AgileVids for the Service during the term of membership.
You agree to indemnify and hold AgileVids, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Account Termination Policy
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.