1. Your commitment
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all available content on the domain name 4videosharing.com, the ‘VideoMela
website’ or ‘web site’), YOU GIVE NOTICE TO YOUR CONSENTMENT IN RESPECTING TERMS AND CONDITIONS (the "service limits"), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you disagree with these terms, please do not use VideoMela
2. The VideoMela website
These terms and conditions apply to all users of the VideoMela
website, including users that contribute to visual content, to information, or all other materials or service offered on the Web site. The Web site of VideoMela
may contain links to other Web sites of tiers which are not proprietary to VideoMela
nor are they controlled by VideoMela
has no power over the latter, and assumes no responsibility for content, policies on private life or practices of any third party Web sites. Also, VideoMela
cannot censor or edit content of third party Web sites. By using our Web site, you liberate VideoMela
of all responsibility resulting of your usage of any other Web site. Consequently, we encourage to notice when you leave the VideoMela
Web site and read terms and conditions, and policies on private life of all other Web sites that you visit thereafter.
3. Web site access
- VideoMela permits you to use this Web site according to user terms and conditions, as long as:
- your usage of the Web site is for personal use only and non commercial ;
- you will not copy nor distribute any part of the Web site in any other media without prior written consent from VideoMela ;
- you will not change or modify any part of the Web site unless it is reasonably necessary to use the Web site for its intended use; and;
- you will conform consequently to terms and conditions of these service limits.
4. Rights to intellectual property
- In order to have access to whatever service on the Web site, you will need to create an account. You can never use the account of another person without authorization. By creating an account, you will need to provide precise and complete information. You are the sole responsible of all activity taking place in your account and you must keep your password confidential. You must inform VideoMela immediately of any security breach or unauthorized use of your account. While VideoMela is not responsible for unprovoqued losses from any unauthorized use of your account, you could be responsible for losses incurred by VideoMela or by other persons following such an unauthorized use.
- You agree to not use or not exploit any automated system, including and not limited to, ‘robots’, ‘spywares’, ‘differed players’ etc. which accesses the Web site in order to send more requests to the VideoMela server in a timeframe in which a human can reasonably produce in the same timeframe using a conventional navigator. Nonetheless, VideoMela confers upon search engine operators to use ‘robots’ to copy content on the site with the sole purpose to create public indexes for search engines, for contents, but not for hiding contents nor creating archives of such contents. VideoMela reserves the right to unilaterally remove these exceptions or in specific cases. You agree to not assemble any identifiable personal information, including account names, the Web site, nor to use communication systems contained in the Web site for any commercial solicitation. You agree not to solicitate, for commercial purposes, any user of the Web site in respect to the service terms and conditions.
The content of the VideoMela
Web site, with the exception of all content submitted by users (as defined below) including and not limited to, texts, softwares, manuscripts, graphics, photos, sounds, music, videos, devices and interactive likenesses (‘content’) and registered trademarks, service trademarks and logos contained it the site (‘brands’) is the propriety or is registered to VideoMela
, and is subject to the laws of copyrights and to other intellectual property conventions in Canada and to international law conventions. The content on the Web site is presented AS IS, for information purposes and for personal use only, and cannot be employed, copied, reproduced, distributed, transmitted, emitted, shown, sold, authorized, or otherwise exploited in any way whatsoever without prior written consent by respective owners. VideoMela
reserves all unconfirmed rights in the Website and content. You agree to not commit to using, copying, or distributing any content other than expressly permitted herein, including any use, copy, or distribution of content submitted by users, by the Website, for commercial exploitation. If you download or print a copy of content for your personal use, you must respect all copyrights and other rules on industrial property of said contents. You agree to not prevent, neutralize or interfere with devices related by security of the VideoMela
Website or devices that restrains or limits the use or copying of any content or by imposing limits on usage of the VideoMela
Website or content within.
5. User-submitted content
- The VideoMela Website can now or in the future enable submissions of videos or other contents submitted by yourself or other users (‘user submissions’) and the hosting, sharing and/or publication of such user submissions. You understand that if such user submissions are published, VideoMela does not guaranty confidentiality concerning any submissions.
- You are the sole responsible of your own user submissions and of consequences related to their publication. With these user submissions, you affirm, represent and/or guaranty that: (i) you possess or have permits, rights, consent and necessary permissions to use these contents and authorize VideoMela to employ patents, registered trademarks, commercial secrets, copyrights or other intellectual property rights in and for all user submission order to permit inclusion and utilisation of user submissions in the manner contemplated on the Website and service limits; and (ii) you have consent, and/or written permission of each individually identifiable person in your content submitted to using names or identities of each of these persons to permit inclusion and utilisation of user submissions in the manner contemplated on the Website in respect to user terms and conditions. To clarify the situation, you remain sole owner of all your user submissions. However, by publishing user submissions on VideoMela, you give to VideoMela a worldwide permit, non exclusive, without dues, nor licence of exploitation, of reproduction, distribute, prepare derived content, to display, contents submitted in liaison with the Website and VideoMela (and its successor) of its derivatives, including but not limited to the latter to promote and redistribute a part or all Website of VideoMela (and its derivatives) in all media formats and by any media channels. You also agree to give to each user of the VideoMela Website a non exclusive permission to have access to your contents submitted on the Website, and to use, reproduce, distribute, prepare derived content and to display such authorized submitted contents according to user terms and conditions of this Website. This permission that you give us ends when you delete or remove content submitted on the VideoMela Website.
- In relation to your submitted contents, you agree that :
- you will not submit material which is protected by copyright, by commercial secret or otherwise subject to rights of tier property, including advertising rights, unless you are not the owner of such rights or used to have permission from their legitimate owners to publish the material and give VideoMela all rights aforementioned;
- you will not submit erroneous declarations which could be defamatory to VideoMela or any other tier ;
- you will not submit material which is deemed illegal, obscene, defamatory, menacing, pornographic, harassing, gross, racially or ethnically offensive, or that encourages conduct considered to be criminally offensive, provokes social responsibility, violates any law, or is otherwise inadequate;
- you will not submit any advertisement or business solicitations:
- you will not submit any content personifying another person than yourself. VideoMela does not approve any content submitted nor any opinion, recommendation, or advice expressed by a user, and VideoMela denies formally all responsibilities connected with submitted contents. VideoMela does not allow the violation of copyrights or all other activity against intellectual property on its Website, and VideoMela will remove all content or user violating intellectual property rights of another person. VideoMela reserves the right to remove certain contents submitted by users, without prior warning. VideoMela will also remove access to a user to its website, if the latter repetitively violates the rules mentioned above. We mean repetitive violation a user who was warned more than two (2) times or had content removed more than two (2) times. VideoMela also reserves the right to decide if user submitted content is appropriate and conforms to the service limits against violations other than copyright infringement and material violations under a law on intellectual property, but is not limited to, pornography, obscene or defamatory content, or of an excessive length. VideoMela can remove such contents and/or close a user account for downloading materials violating these service limits at any time, without warning, and at its unique discretion.
- Furthermore, if you are the owner of content or manager of the aforementioned, and you believe that whatever content submitted by a user or all other content offends your copyrights, you can submit to us an advisory as per the Digital Millennium Copyright Act ("DMCA") by providing in written form the following information to our agent in charge of copyrights : (see 17 U.S.C 512(c)(3) for more details) :
- A physical or electronic signature of a person authorized to act on behalf of the exclusive owner of content who’s copyright was violated ;
- Identification of the protected content who’s copyright was admittedly violated, or, if multiple protected contents by copyright on another website or medium are used, a representative list of these contents will be required;
- Identification of violated material or about to be in a state of violation and that needs to be removed or that access needs to be restricted and all reasonably sufficient information which will enable the service provider to locate the material;
- All reasonably sufficient information enabling the service provider to contact you, such as an address, a telephone number, and, if available, an email address ;
- A formal declaration stating that you believe in all honesty that usage of material in question is not authorized by the owner of copyright, by the manager, or by law ; and
- A formal declaration that information in the present advisory is exact, and under reserve of the perjury, that you are authorized to act on behalf of the owner of the copyright submitted as violated.
- Concerning copyrights, all inquiries of retraction, comments, inquiries for technical support and other communications must be directed to the Customer Service of VideoMela.
6. Legal Guaranties
- You understand that by using the VideoMela, you expose yourself to rules relative to contents submitted by users in many different ways, and that VideoMela cannot be held responsible of the exactness, usefulness, security, or of intellectual property rights or concerning such user submissions. You understand and recognize that you can be exposed to to content submitted by users that can be imprecise, offensive, indecent, or reprehensible, and you accept to renounce to any legal measures or solutions of the sort that you have undertaken or can undertake against VideoMela with respect to conditions enumerated above, and accept to guaranty and hold VideoMela, owners, affiliates and/or partners, innocent to the highest degree as permitted by law concerning all affairs met during your usage of this website.|
- VideoMela lets you create hyperlinks towards content on the Website for personal reasons and non commercial only. Also, VideoMela supplies a device for ‘mobile players’, that you can incorporate into your own Websites for personal use and non commercial, to facilitate access to content on the Website, providing that you include an easy to see hyperlink towards the VideoMela Website to pages containing the mobile player. VideoMela reserves the right to cesse any aspect of the VideoMela website at any time.
YOU AGREE THAT THE USAGE OF THE VideoMela
WEBSITE IS AT YOUR UNIQUE RISK. UP TO THE HIGHEST DEGREE OF THE LAW, VideoMela
, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, AND ALL OTHER AGENT REJECTS ALL RESPONSIBILITY, IMPLICITE OR EXPLICITE, RELATED TO THE VideoMela
WEBSITE AND YOUR USAGE, VideoMela
OFFERS NO GUARANTY OR REPRESENTATION CONCERNING THE EXACTNESS OR INTEGRALITY OF CONTENT FOUND ON ITS CLIENT SUBSCRIBERS’ WEBSITES OR SITES CONTAINING A HYPERLINK TOWARDS VideoMela
AND ASSUMES NO RESPONSABILITIES OF ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) INJURIES OR MATERIAL DAMAGES, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSAGE OF OUR VideoMela
WEBSITE SERVICES, (III) OF ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINCANCIAL INFORMATION STORED ON OUR WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR OF OUR WEBSITE OR OF OUR VideoMela
WEBSITE SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT CAPABLE OF BEING TRANSMITTED TO OR BY OUR WEBSITE OR OUR VideoMela
WEBSITE SERVICES BY ANY TIER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGES RESULTING FROM THE PUBLICATION, SENDING BY EMAIL OR BY TRANSMISSION OF CONTENT AVAILABLE ON VideoMela
DOES NOT GUARANTY, NOR ENDORSE, NOR ASSUMES ANY RESPONSABILITIES CONCERNING A PRODUCT OR A SERVICE ANNOUNCED OR PROPOSED BY A THIRD PARTY ON THE VideoMela
WEBSITE, WEBSITES OF OUR CLIENT SUBSCRIBERS OR WEBSITES FROM A TIER HAVING A HYPERLINK TOWARDS OUR WEBSITE OR CONTAINED IN AN ADVERTISEMENT BANNER OR OTHER FORM OF PUBLICITY, AND VideoMela
WILL NOT BE HELD RESPONSIBLE NOR WILL IT MONITOR ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY PROVIDER OF A SERVICE OR PRODUCT. AS WITH ALL PURCHASES OF A PRODUCT OR SERVICE IN ANY ENVIRONMENT OR ANY PLACE, YOU MUST USE CAUTION AND MAKE USE OF YOUR BETTER JUDGEMENT WHATEVER THE CASE MAY BE.
7 Limits of Guaranties
IN NO CASES WILL VideoMela
, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES OR AGENTS, CAN BE HELD RESPONSIBLE OF YOU OF ANY DIRECT, INDIRECT, FORTUITOUS, SPECIAL, PUNITIVE DAMAGES, OR CONSECUTIVE DAMAGES RESULTING FROM ANY (I) ERRORS, FAULTS OR INACCURACIES IN CONTENT, (II) INJURIES OR MATERIAL DAMAGE, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO USAGE OF OUR WEBSITE, CLIENT SUBSCRIBER WEBSITES OR FROM OUR VideoMela
WEBSITE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITHING, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITEAND OF OUR WEB SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT, CAPABLE OF BEING TRANSIMITTED EITHER BY OUR WEBSITE OR BY ANY TIER, AND/OR, (VI) ALL ERRORS OR OMISSIONS IN ANY CONTENT OF FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USAGE OF ANY CONTENT, WHETHER PUBLISHED, TRANSMITTED BY EMAIL, OR MADE OTHERWISE AVAILABLE BY THE INTERMEDIARY OF THE VideoMela
WEBSITE, CLIENT SUBSCRIBER WEBSITES AND FROM OUR VIDEO AND BLOG CREATION SERVICES, NO MATTER WHAT LEGAL GUARANTIES, CONTRACTS, OR OTHER LEGAL CONCEPT, AND NO MATTER IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. THE RESPONSIBILITY IS LIMITED TO THE HIGHEST APPLICABLE JURISDICTIONS, YOU EXPLICITALLY RECOGNIZE THAT VideoMela
IS NOT RESPONSIBLE FOR CONTENT THAT CAN BE DIFAMATORY IN NATURE, OR CAUSE INJURY, OR ILLEGALY SUBMITTED BY A USER AND THAT THE RISK OF CHOC OR DAMAGE IS ENTIRELY IN YOUR HANDS.
WEBSITE website creation service is controlled and offered by VideoMela
from its equipment located in Canada. VideoMela
does not affirm any representation that the VideoMela
website is appropriate or available for usage in other areas. Those having access or utilizing the website and its VideoMela
WEBSITE services from VideoMela
in other judiciary districts do so of their own free will and are responsible for conforming to local laws.
You accept to defend and guaranty to hold VideoMela
, its affiliate societies, administrators, directors, employees and agents, innocent to and against all claims, damages, commitments, losses, responsabilities, costs or debts and expenses (including but not limited to lawer fees) incurred from : (i) your use of or your access to the VideoMela
website; (ii) your violation of any term in this User Terms and Conditions; (iii) your violation of all third party rights, including but not limited to copyrights, property of others, or respect of privacy; (iv) all declaration that one of your submissions may have caused damages to a tier. This commitment to defend VideoMela
will survive to User terms and conditions and your usage of the VideoMela
9. Ability to accept these User Terms and Conditions You confirm that you are aged 18 years of age or older, or a minor legaly emancipated, or that you have parental or legal tutor consent, and are entirely capable and competent to respect modalities, conditions, commitments, affirmations, representations, and guaranties determined by the user terms and conditions of the site, and to respect and conform to these service limits. In all cases, you affirm being aged over 13, since the VideoMela
Website is not conceived for children under the age of 13. If you are aged under 13, please do not visit the VideoMela
website. Many other websites are more appropriate for you. We invite you to discuss this with your parents or legal tutor in order to determine which sites are more appropriate for you. These service terms and conditions, nor any right and permission given herein, can be transferred or assigned by you, but can be assigned by VideoMela
without any restriction.
You agree that:
1. (i) the VideoMela
website is considered uniquely based in Ontario; and
2. (ii) the VideoMela
website is considered to be a passive website which does not submit itself to civil law concerning VideoMela
, in specific or general cases, to no jurisdiction other that than of the province of Ontario.
These service limitations are mediated by the internal laws of the state of Ontario, with no disrespect to its principles and laws. All claims or litigations between you and VideoMela
resulting partially or entirely from the VideoMela
website or of its Client Subscriber websites will be heard exclusively in a competent jurisdiction court located in Toronto, in the province of Ontario. These service limitations and all other legal advisories published by VideoMela
on its website, will constitute a final agreement between you and VideoMela
concerning the VideoMela
website. If any part of these terms and conditions of service is considered inadmissible by a competent jurisdiction court, the inadmissibility of such a disposition will not affect the validity of remaining dispositions of these terms and conditions of service, and will remain in full effect. No uprising of any limits of these terms and conditions of service will be considered as acceptable, and all failings by VideoMela
concerning the terms will not constitute a valid reason to lift any right or disposition. VideoMela
reserves the right to modify these terms and conditions of service at any time and without notice, and it is your full responsibility to review these terms and conditions of service at any time to get acquainted with these modifications. Your usage of the VideoMela
website after any amendment of these limits of service will signify your consent as well as your acceptance of these revised limits. VideoMela
AND YOU BOTH AGREE THAT ALL LEGAL PROCEDURES COMING FROM OR RELATED TO THE VideoMela
website or VideoMela and blog creation website creation service MUST BEGIN LESS THAN ONE (1) YEAR AFTER THE EVENT TOOK PLACE, OTHERWISE, SUCH AN ACTION OF JUSTICE WILL BE CONSIDERED MOOT.