In these Terms and Conditions "we, our, us, VieBlogger" refers to ["VieBlogger website"].
ACCEPTANCE OF TERMS
By accessing the content of www.VieBlogger.com ("the Website") you agree to be bound by the terms and conditions set out below and you accept our privacy policy. If you do not agree to any of the terms and conditions set out in this agreement you should not use any of the products or services on the website and leave immediately.
You agree that you shall not use VieBogger for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
THE SERVICE
The VieBlogger Service provides the capability to post audio video and textual content on the VieBlogger website. VieBlogger may terminate, change, suspend or discontinue the VieBlogger Service at any time.
REGISTERED USER ACCOUNT
User accounts are only made available to individuals that are over eighteen (18) years of age. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must provide accurate and complete all and any registration information requested by VieBlogger.
To register for a VieBlogger account, you the User must provide true and accurate information as requested at point of registration and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address belonging to them and choose and a suitable password. The User is entirely responsible for the privacy, confidentiality and storage of email address and password used to access the system. Any website activities that can be traced to the user account are deemed as having performed by the registered User.
VieBlogger does not assume any liability for content of audio video, comments or other information associated with the posting made by a registered user and is exempt from any claim that may arise from third parties as a result of this content posted on the site. You are fully responsible for any charges and liabilities incurred through the use of the VieBlogger Service or Your Account and for any activities conducted through Your Account. In addition, VieBlogger may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account exceeds normal usage patterns. The User agrees to notify VieBlogger immediately of any unauthorized use of the account to our service desk via abuse@vieblogger.com
REGISTERED ACCOUNT USAGE
Your use of Your Account must comply with all applicable laws and regulations in using the VieBlogger Service. You may not use the VieBlogger Service for any of the following purposes or in any of the following manners:
(a) to impersonate or harass any other person;
(b) to send any information that is or the disclosure of which would libellous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or scripts that you do not have the right to post or disclose);
(c) that violates any person's rights of privacy or publicity,
(d) to post audio video content that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(e) that constitutes or that violates any law, statute, ordinance or regulation including applicable consumer protection, unfair competition, anti-discrimination or false advertising laws;
(f) to intercept any communications not intended for you;
(g) to release, post, distribute or execute any viruses or other harmful computer code; or
(h) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(i) to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of sms and e-mail or any similar conduct.
VieBlogger does not control the data, information or other postings provided by other users that are made available through the VieBlogger Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the VieBlogger Service or relying on any data, information or other postings provided through the VieBlogger Service. Report such matters to abuse@vieblogger.com
A User may not use the VieBlogger Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the VieBlogger Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
You acknowledge that VieBlogger may establish general practices and limits concerning use of the VieBlogger Service, including without limitation the maximum number of days that audio/video messages or other uploaded content will be retained by the VieBlogger Service, the maximum number of posting that may be made by an account on the VieBlogger Service, the maximum size of any posting made by an account on the VieBlogger Service, the maximum disk space that will be allocated on VieBlogger servers on Your behalf. You agree that VieBlogger has no responsibility or liability for the deletion or failure to store any posting and other communications or other content maintained or transmitted by the VieBlogger Service. You acknowledge that VieBlogger reserves the right to disconnect accounts that are inactive for an extended period of time. You further acknowledge that VieBlogger reserves the right to change these general policies and tresholdsat any time, in its sole discretion, with or without notice.
The User agrees that VieBlogger may terminate the User's Account and use of the VieBlogger Service (and other VieBlogger services) if VieBlogger believes the User has in any manner
(a) violated the terms and conditions as set out above
(b) violated the VieBlogger Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by VieBlogger,
(c) violated this Agreement,
(d) provided VieBlogger false, inaccurate or incomplete not current information, or
(e) violates any applicable law, regulation or rule of any jurisdiction, state or country.
MODIFICATION
VieBlogger reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
VieBlogger have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
VieBlogger and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if VieBlogger has been advised of the possibility of such damages), resulting from use of the VieBlogger service by you, or anyone using your account, including, but not limited to:
(i) the use or the inability to use the service;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on the VieBlogger service or the site; or
(iv) any damages or loss of any nature arising from or relating to your use of the VieBlogger service or use of the VieBlogger service through your account by anyone else.
VieBlogger shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the VieBlogger service generally, the site, any other VieBlogger service and any aspect ancillary thereto;
VieBlogger shall in no event be responsible for the security of the data transmissions between VieBlogger and the user, including but not limited to the transmission of the payment information such as credit card numbers. VieBlogger expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between VieBlogger and the user.
VieBlogger's total cumulative liability to you and anyone who uses the VieBlogger service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to VieBlogger in the preceding twelve months. some jurisdictions do not allow the exclusion or limitation of certain types of liability, therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting VieBlogger's liability beyond what is permissible under applicable law.
COPYRIGHT
All intellectual property of VieBlogger such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of VieBlogger.
By using the Website you agree to respect the intellectual property rights of VieBlogger and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
COPYRIGHT POLICY
Any VieBlogger postings which are alleged to infringe the copyright of a third party should be reported to abuse@vieblogger.com
Vieblogger will terminate a user account if a user can be determined as infringing copyright.
YOUR POSTING ON VIEBLOGGER
As a registered Vieblogger User you may submit audio video content ("Video") and text copy ("Comments") (collectively referred to as "Postings"). You understand that whether or not such Posting are published, VieBlogger does not guarantee any confidentiality with respect to any Posting.
You understand and agree that you are solely responsible for your own postings and the consequences of posting or publishing them. VieBlogger does not endorse any posting or any opinion, recommendation, or advice expressed therein, and VieBlogger expressly disclaims any and all liability in connection with postings.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable VieBlogger to use your postings for the purposes of the provision of the Services by VieBlogger, and otherwise to use your postings in the manner contemplated by the Website and these Terms and Conditions.
CONTENT OF YOUR POSTINGS
You agree that your conduct on the site will comply with (and you agree that the content of all of your postings shall comply with) the VieBlogger REGISTERED ACCOUNT USAGE as updated from time to time.
You agree that you will not post or upload any postings which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for VieBlogger to use or possess in connection with the provision of the Services.
You agree that you will not upload or post any postings that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant VieBlogger the licence referred to in RIGHTS YOU LICENCE
VieBlogger reserves the right (but shall have no obligation) to decide whether postings comply with the content requirements set out in these Terms and Conditions and may remove such postings and/or terminate a User's access for uploading any posting which is in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Website and the Services, you may be exposed to postings that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VieBlogger with respect to any such postings.
RIGHTS YOU LICENCE
When you upload or make a Posting to VieBlogger, you grant:
To VieBlogger, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Posting in connection with the provision of the Services and otherwise in connection with the provision of the Website and VieBlogger's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
The above licenses granted by you in Posting terminate when you remove or delete your posting from the Website.
DISCLAIMERS
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
You understand and agree that the service is provided on an "as is" and "as available" basis. VieBlogger and its suppliers make no warranty that the service will meet your requirements or that use of the VieBlogger service or the site will be uninterrupted, timely, secure, or error-free; nor do VieBlogger or its suppliers make any warranty as to the results that may be obtained from use of the VieBlogger service or the accuracy, reliability or timeliness of any information obtained through the VieBlogger service (including third party content), or that any defects in the VieBlogger service will be corrected.
VieBlogger and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the VieBlogger service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. you understand and agree that any material or data obtained through use of the VieBlogger service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
THIRD PARTIES
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
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