Terms of services
Welcome to the Vidmax.com website (the "Site"). PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This site is subject to the Terms, which may be updated by us from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1.
Registration
In consideration of your use of the Site, you agree to provide
true, accurate and complete information about yourself as prompted by the Site
registration or ordering process, provided that in connection with
registration, you do not need to, and should not, use your full or true name
for your username. In addition, you agree to update that information in order
to maintain its truth, accuracy and completeness. We may deny you access to the
Site or reject your order in the event that your information is untrue,
inaccurate or incomplete. Unless you cannot remember your username and/or
password, you may only register once for use of the Site.
2.
Limited License To Site
You are granted the limited right to view and use the Site only
for the purposes of viewing or playing content such as films or games, placing
product orders or for accessing information and services. We reserve the right
to suspend or deny, in its sole discretion, your access to all or any portion
of the Site.
If you violate these Terms, we may terminate or cancel your access rights to
the Site immediately without notice. We may also block your use of the Site. We
reserve the right at any time to modify or discontinue the Site or any part
thereof and you agree that we shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Site or any part
thereof. This license is limited to personal and non-commercial uses by you.
Any rights not expressly granted to you herein are reserved to us. No portion
of this Site is targeted to children, and any minor should seek consent of his
or her legal guardian before using this site. Unless you have received specific
written permission from us, you may not (a) "frame" or otherwise
impose editorial comment, commercial material or any information or content on,
or in proximity to, content displayed on the Site or (b) alter or modify any
content on the Site. Without limiting other restrictions, you agree not to reproduce,
transmit, sell, or otherwise exploit the Site for any commercial purpose.
Please be aware that we have created or may create in the future certain areas
on the Site that contain adult or mature content. You must be at least 18 years
of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute user submitted
content, and use of the Site for this purpose is subject to the following
conditions:
- You understand that all user feedback, data, comments,
suggestions, information, text, data, software, sounds, photographs,
audio, audiovisual, video, artwork, graphics, messages and other materials
of any nature ("Materials") that are transmitted to or via the
Site are the sole responsibility of the person from which the Materials
originated. This means you, and not us, are entirely responsible for the
Materials you transmit through the Site. Further, you understand that by
using the Site you may be exposed to Materials that are offensive,
objectionable or indecent.
- You shall not create a user name or screen name or
upload to, distribute through or otherwise publish through the Site any
Materials which are libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, harmful of minors in any way, abusive, illegal
or harassing, or contain expressions of hatred, bigotry, racism or
pornography, or are otherwise objectionable, or that would constitute or
encourage a criminal offense, violate the rights of any party or violate
any law or that you do not have a right to make available under
contractual or fiduciary relationships.
- Your Materials, user name and/or screen name will not
disparage in any manner Vidmax.com, its owners, advertisers, products, or
services and sites.
- Your Materials shall not infringe the copyright,
trademark, publicity/privacy right or other intellectual property right of
any third party.
- You shall not upload to, distribute through or
otherwise publish through the Site any Materials that are directly or
indirectly commercial in nature or contain any solicitation of funds,
promotion, advertising or solicitation for goods or Site. You specifically
acknowledge that soliciting other users to join or become users or members
of any commercial online web site or other organization is expressly prohibited.
- You shall not upload to, distribute through or
otherwise publish through the Site any Materials that contain viruses or
any other computer code, corrupt files or programs designed to interrupt,
destroy or limit the functionality or disrupt any software, hardware,
telecommunications, networks, servers or other equipment.
- You shall not act in a manner that negatively affects
other users. ability to interact with the Site.
- You shall not collect or store personal data about
other users.
You acknowledge that we do not pre-screen any Materials posted by you or other
users, but that we and our designees shall have the right (but not the
obligation) in our sole discretion to refuse or remove any Materials. Without
limiting any of our rights, we and our designees shall have the right to remove
any Materials that violate the Terms or are otherwise objectionable, as well as
terminate your access to the Site. You agree that we have no liability or
responsibility for the storage or deletion of any Materials that you or any
other persons submit or post. We reserve the right to change these general
practices and limits at any time in our sole discretion. Unless you enter into
a separate agreement with us, such as through the Contest, we do not claim
ownership in Materials you submit, however, by submitting Materials in any form
to us, in addition to other provisions of the Terms, you automatically grant
M90 Industries, a company of Cyprus company, and its successors, assigns, and
licensees and parent, subsidiary and other affiliated entities ("M90
Industries"), an exclusive, fully-paid, world-wide, royalty-free license
to publicly display, publicly perform, distribute, and reproduce the Materials
in any manner and in any medium, including, without limitation, through
physical copies such as still photos, videos, and CDs, by television by any
means, on or via the Internet, including, without limitation, the World Wide
Web, and any other two-way transmission control protocol / internet protocol
(TCP/IP) based distribution network or similar networks or technologies now
known or hereafter to become known, including, but not limited to, delivery via
such a network to personal computers, hand-held devices, and television set-top
boxes through telephone or cable lines, or wirelessly through broadband,
satellite, cellular or terrestrial broadcast networks and other similar
networks or technologies whether now existing or hereafter developed. You
obtain no rights in any form, media, or technology incorporating the Materials.
3.
Private Policy
Information that you submit is subject to our Privacy Policy. For
more information, see our full privacy policy at
http://www.vidmax.com/pages/privacy . Your use of the Site is your consent to
the Privacy Policy.
4.
Password And Security
You are responsible for maintaining the confidentiality of YOUR
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security.
You acknowledge, consent and agree that we may access, preserve, and disclose
your account information and Material if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any Materials violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of us, our users and the public. You understand
that the technical processing and transmission involved in interacting with the
Site, including the transmission of Materials, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You understand that the Site
may include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by us and/or content
providers who provide content to the Site. You may not attempt to override or
circumvent any of the usage rules embedded into the Site.
5.
Contests And Rating Content
From time to time, we may conduct contests in which we may award
various prizes. You agree that if you participate in any contest, you will
abide by all the rules and be subject to all the terms and conditions of such
contest, in addition to these Terms. You agree that you shall only rate each
individual instance of content on our Site, such as videos, still pictures,
flash animation, games and joke only once.
6.
International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Materials.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the
7.
Indemnity
You agree to indemnify and hold us, M90 Industries, affiliates,
officers, agents, partners and employees harmless from any claim or demand,
including reasonable attorneys
fees, arising out of your content and materials, your use of the Site, your
violation of these Terms or your violation of any third party's rights
including such party's copyrights and trademarks.
Vidmax.com does not engage in creation or
production of stunt videos nor does it dictate, specify or encourage
certain video content in exchange for a monetary reward. You are solely responsible
for the videos you produce and the outcomes that may arise from your and any
third party's participation in the video. Therefore, you cannot hold
Vidmax.com, its officers, affiliates, partners, agents and employees liable if
you submit such video to the site.
8. Disclaimer Of Warranties EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN YOU AND US, THE SITE AND RELATED APPLICATIONS, MATERIALS AND
SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND
WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A)
ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE
THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE
SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF
NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION.
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN
CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY
YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, WE
DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN
CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
9.
Assumption And Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED
INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS
SITE, READING COMMENTS
BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU
MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR
REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR
CONTENT PROVIDER ON THE SITE.
10.
No Incidental, Consequential Or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE
NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER
PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT
NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE
EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT
ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION,
OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
11.
Limitation Of Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY
US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION
OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO
DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE
AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS
SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.
Links; Advertisers
The Site contains links to third party sites that are not under
our control and we not responsible for any content on any linked site. If you
access a third party site from the Site, then you do so at your own risk. We
provide links only as a convenience and the inclusion of the link does not
imply that we endorse or accept any responsibility for the content on those
third party sites. Additionally, your dealings with or participation in
promotions of advertisers found on the Site, including payment and delivery of
goods, and any other terms (such as warranties) are solely between you and such
advertisers. You agree that we shall not be responsible for any loss or damage
of any sort relating to your dealings with such advertisers.
13.
General Practices Regarding Use And Storage
You acknowledge that we may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that Materials will be retained by the Site, the maximum number of
Materials that may be sent from or received by an account, the maximum size of
any Materials, the maximum disk space that will be allotted to you, and the
maximum number of times (and the maximum duration for which) you may access the
Site in a given period of time. You acknowledge that we reserve the right to
log off accounts that are inactive for an extended period of time.
14.
Our Proprietary Rights
You acknowledge and agree that the Site and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you through the
Site or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Site or the Software, in whole or in
part. We grant you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including, without limitation, for the purpose of obtaining unauthorized access
to the Site.
15.
No Third Party Beneficaiaries
You agree that, except as otherwise expressly provided in these
Terms, there shall be no third party beneficiaries to this Agreement.
16.
Notice And Amendments
We may provide you with notices, including those regarding changes
to these Terms, by either
e-mail, regular mail, or postings on the Site. Any use of the
Site or order by you after such updating shall be deemed to constitute
acceptance of such amendments, modifications, or new conditions. If you do not
want to be bound by an amendment, you will need to terminate your registration,
if any, and refrain from using the Site. Except as expressly stated otherwise,
any notices required or allowed under these Terms shall be given to us by mail
to:
Vidmax.com, PO box 30088, Ayia Napa, Famagusta, Cyprus 5340
or as to a successor address that we make available on the Site or through
other reasonable manner. If applicable law requires that we accept e-mail
notices (but not otherwise), then you may send us e-mail notice at
admin@vidmax.com. With respect to our notices to you, we may provide notice of
amendments by posting them in the Site and you agree to check for changes.
Instead or in addition, we may give notice by sending email to the email
address you provide during registration.
17.
Procedure For Making Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others, and we ask our
users to do the same. We may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide us with the following information:
1.
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest;
2.
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
a description of where the material that you claim is infringing
is located on the site;
4.
your address, telephone number, and email address;
5.
a 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;
6.
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property infringement can
be delivered as follows, by mail:
Vidmax.com, PO box 30088, Ayia Napa, Famagusta, Cyprus 5340
By e-mail: admin@vidmax.com
18.
General Information
Entire Agreement. These
Terms constitute the entire agreement between you and us and govern your use of
the Site, superseding any prior agreements. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other services, affiliate services, third-party content or third-party
software. Resolution
of Disputes. You agree that any controversy arising out of or in
connection with our relationship,
or a dispute with reference to these Terms, their validity or effect will be
governed by the laws of the state of
19.
Violations
Please report any violations of these Terms to us at admin@vidmax.com.
