Terms Of Use!

August 27, 2009

Welcome to Video Bookmark. By accessing the Video Bookmark website ("Site") or using the services offered by Video Bookmark ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. Video Bookmark reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

1. Usage License

Video Bookmark grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Video Bookmark reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

2. User Responsibility

You are solely responsible for your use of the Site and Services. Because Video Bookmark merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Video Bookmark, and Video Bookmark makes no claim of accuracy of any user-posted material. Video Bookmark allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Video Bookmark. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

3. Content

By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. For publicly accessible content, you can label your compilations with one of several possible licenses. It is important to note that you can only copyright the compilation itself, not the individual links that make up the compilation. Please also note that just because your compilation does not have a license agreement attached to it does not mean that it is public domain. For a compilation to be classified as such, it must be explicitly labeled as belonging to the public domain. Your use of a license in connection with your compilation does not affect Video Bookmark's right to access and use it in connection with the Services, the Site or otherwise in connection with our business. Video Bookmark will save your bookmarks and other information (together the "Contents") for you and will provide you access thereto. You will be solely responsible for your posted Contents. In connection with your Contents, you agree that you will not: (1.) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (2.) publish falsehoods or misrepresentations that could damage Video Bookmark or any third party; (3.) submit links or bookmarks that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4.) offer or provide services whose subject matter is pornographic. The same applies to sending Emails. Likewise, reference to political activities, political party meetings, demonstrations, fliers or petitions, as well as the propagation of political symbols is prohibited. Furthermore, Contents which insult, belittle, or in other negative ways affect other users or members are also prohibited. If you violate any of these restrictions, Video Bookmark is authorized to deny or delete your Content, delete your web-account pages and their links, and/or cancel your account without prior notice. Video Bookmark may do so in its sole discretion without any obligation to investigate. You will be liable to Video Bookmark for all direct and indirect damages for any violation of the above mentioned restrictions. You agree to indemnify Video Bookmark from all claims by third party resulting from your violation of the above restrictions.

4. Performance Guaranties

Video Bookmark represents that all its platform will function properly in all material respects and that its server will yield a yearly mean of availability of 98%. Excluded from these guaranties are malfunctions or other problems caused by conditions beyond Video Bookmark's control (for ex. forces of nature, fault of third parties, etc), which produce: operating failure or alterations, modifications, internals or externals, or require repair or other miscellaneous manipulations. Furthermore, Video Bookmark assumes no liability for and provides no guaranty for the display of videos. Any problems or error messages should be reported by email. Video Bookmark may reduce or suspend service access as needed to protect the security of its operation, to perform network integrity maintenance, and especially to prevent any significant failures of the network, software or saved data.

5. DISCLAIMER

VIDEO BOOKMARK MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS OR QUALITY OF INFORMATION OFFERED VIA USER CONTENT. VIDEO BOOKMARK SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THE USE OF, OR RELIANCE ON, INCORRECT OR INCOMPLETE INFORMATION PROVIDED BY SOURCES OTHER THAN VIDEO BOOKMARK, UNLESS THE DAMAGE OR INJURY IS THE RESULT OF INTENTIONAL OR GROSS NEGLIGENCE ON THE PART OF VIDEO BOOKMARK. ALL OFFERS ARE NON-COMMITTAL AND WITHOUT ENGAGEMENT. VIDEO BOOKMARK SPECIFICALLY RESERVES THE RIGHT TO ALTER, AMEND, OR OCCASIONALLY AND/OR PERMANENTLY DELETE IN WHOLE OR PART ANY USER CONTENT. VIDEO BOOKMARK SHALL NOT BE LIABLE FOR THE CONTENT OF ANY INFORMATION AVAILABLE THROUGH DIRECT AND INDIRECT LINKS TO EXTERNAL WEBSITES ("HYPERLINKS"), UNLESS VIDEO BOOKMARK HAS ACTUAL KNOWLEDGE OF ILLEGAL CONTENT AND HAS THE TECHNOLOGICAL CAPABILITY TO BLOCK OR DELETE SUCH INFORMATION AND FAILS TO DO SO. HOWEVER, VIDEO BOOKMARK HAS NO CONTROL WHATSOEVER OVER THE CONTENT OF LINKED PAGES AFTER THEIR INITIAL CREATION AND DISCLAIMS ANY LIABILITY FOR THE CONTENT OF LINKED PAGES WHICH ARE ALTERED AFTER THEIR INITIAL CREATION. THE THIRD PARTY WHO HAS CREATED ANY HYPERLINK SHALL BE SOLELY RESPONSIBLE FOR ILLEGAL, FAULTY OR INCOMPLETE CONTENT THEREON AND ESPECIALLY FOR ANY DAMAGES WHICH ARISE FROM RELIANCE ON, OR USE OF, INFORMATION REFERRED TO THEREIN.

6. Final Provisions

Should any provision of these Terms of Use be or subsequently become invalid, illegal or unenforceable, these Terms of Use shall be deemed amended to delete therefrom the provision adjudicated invalid, illegal or unenforceable and the validity of the remaining provisions of these Terms of Use shall not be affected thereby. However, to the extent possible any provision adjudicated invalid, illegal or unenforceable shall be replaced with a provision which most closely provides the intended result of the deleted provision.

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