Terms of ServiceWelcome to the eBaum's World website (the "Site"). www.ebaumsworld.com is owned and operated by Viumbe, LLC. Viumbe, LLC sites include the following web sites: EbaumsWorld.com, Dorks.com, Holy Lemon.com, YourDailyMedia.com, Fun Mansion.com and Unoriginal.co.uk.
PLEASE READ THESE TERMS OF SERVICE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE.
B. Although Viumbe may attempt to notify you when significant changes are made to these Terms of Service, you should periodically review the most up-to-date version. Viumbe may, in its sole discretion, modify or amend these Terms of Service at any time, and you agree to be bound by such modifications or revisions, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Terms of Service. If you do not agree with any of the amended terms, then you must avoid any further use of the Service.
2. ServiceA. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes any materials, videos, sound recordings, compositions, pictures, song lyrics, text, software, scripts, graphics, photos, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Viumbe, including but not limited to all products, software and services offered via the Viumbe Sites.
B. The Service may include links to third-party websites that are not owned or controlled by Viumbe. Viumbe has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. Viumbe cannot censor or edit the content of any third-party site. By using the Service you expressly relieve Viumbe from any and all liability arising from your use of any third-party website.
3. Viumbe AccountsA. In order to access some features of the Service, you will need to create a Viumbe account. You must provide complete and accurate information when creating your account. You are solely responsible for the activity that occurs on your account. You must keep your account password secure. Make sure that you change your password frequently and at least once every six months. BY REGISTERING AND USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
B. In addition to your other obligations under these Terms of Service and in consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Viumbe registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or Viumbe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Viumbe has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
4. General Use of the Service—Permissions and RestrictionsViumbe hereby grants you the limited right to view and use the Site and the Service as set forth in these Terms of Service, provided that:
A. You agree not to breach the Terms of Service or any other applicable rules and instructions that Viumbe may convey with respect to the use of the Service and not to interfere with or disrupt the functionality of the Service or to circumvent or manipulate the operation, or functionality of the Service; You agree not to distribute any part of the Service or the Content in any medium without Viumbe's prior written consent;
B. You agree not to post false, inaccurate or misleading Content or Content which is not compatible with the defined topics, or with the rules of behavior, in any of the services provided in the Service; Further you agree not to alter or modify any part of the Content or of the Service or display the Service or any part thereof in an exposed or concealed frame, or link to elements on the Service, such as images and videos, independently from the web pages on which they originally appear;
You agree not to impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
C. You are of legal age to enter into contracts (you are not a minor). If you are a minor, you hereby represent and warrant that you have obtained the consent of your parent or legal guardian for you to enter this agreement as provided below; you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service;
D. You have full right and power to enter into and perform this agreement, and have secured all third party permissions necessary to enter into this agreement and to submit the Content as provided herein, including, without limitation, from all individuals portrayed and performing in the Content;
E. You agree to access Content only through the video playback pages of the Service itself or other explicitly authorized means Viumbe may designate;
F. If you submit Content to the Site then you represent that the Content is your own original work, and contains no material otherwise created by someone who is not you;
G. We are not required to make any payments of any kind to you or any other person or company in connection with our use of the Content;
H. If you submit Content to the Site then you represent that the Content does not and will not violate any law and the Content does not and will not contain any viruses or other information which may damage or otherwise interfere with our computer systems or data or that of our visitors or other users;
I. You agree not to use the Service for any commercial purposes unless you obtain Viumbe's prior written approval;
J. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Viumbe 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. Notwithstanding the foregoing, Viumbe grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Viumbe reserves the right to revoke these exceptions either generally or in specific cases;
K. All factual assertions that you have made and will make to us are true and complete and all consents and other documents provided to us are true and valid copies of the originals; and
L. Viumbe reserves the right to discontinue any aspect of the Service at any time.
5. Use of ContentIn addition to the stated restrictions above, the following restrictions apply specifically to your use of Content.
A. The Content and the Service is subject to copyright and other intellectual property rights under the law, and trademarks, service marks and logos on the Service are owned by or licensed to Viumbe,
B. Content is provided to you AS IS. You may access Content only for your personal use as permitted under these Terms of Service. You agree not download any Content unless permitted to do so by Viumbe. You agree not to copy, reproduce, distribute, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Viumbe. Viumbe reserves all rights not expressly granted in the Service.
C. You agree not to circumvent, disable or in any way interfere with security features of the Service or other features that prevent or restrict use or copying of any Content.
D. You agree that the Content on the Service comes from a variety of sources, and that Viumbe is not responsible for the accuracy or intellectual property rights relating to such Content. You further agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against Viumbe.
E. You agree not to post, submit, disseminate, transmit or otherwise communicate through, or to the Service, or make available any Content on the Service, or when you use the Service or any of the services therein, Content which may reasonably be deemed as:
(1) infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
(2) identifying minors, their personal details or their address and ways to contact them;
(3) software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications; (4) encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
(5) constituting a violation of a person's right for privacy or right of publicity;
(6) prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
(7) threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
(8) unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
Viumbe may, but is under no duty to review uploaded Content and remove or block access to such Content, or refuse to upload it on the Service, for any reason that Viumbe may consider to be justified in its sole discretion, including but not limited to the following reasons:
(1) to prevent misuse of the Service;
(2) when Viumbe deems the content to be in breach of the Terms of Service, or an infringement of any applicable law;
(3) when your user account is terminated, either by yourself or by Viumbe;
(4) when the uploaded Content is allegedly infringing a third party's rights; Viumbe does not warrant or guarantee that any Content that you wish to upload to the Service will be uploaded or that Viumbe will make such Content available indefinitely.
6. Content SubmissionsA. As a Viumbe account holder you may submit Content to the Service. Viumbe does not claim ownership over the Content you submit to the Service. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that Content or that you are licensed by the rightful owners to submit and use such Content on the Service and that you do not violate any rights of third parties. By uploading and submitting Content to the Service, including any and all communications that you make with other users on or through the Service, You hereby irrevocably grant, transfer and convey to Viumbe a worldwide, royalty-free, sublicenseable and transferable license to use and the unlimited and unconditional right to distribute, exploit and use, on a non-exclusive basis in perpetuity, anywhere and everywhere in the universe, in any media and by any means now known or hereafter devised, any materials, videos, sound recordings, compositions, pictures, song lyrics and/or other content submitted by you to us. We shall have the right to use, market, store, edit, distribute, reproduce, display, perform, transmit, and promote the Content on an exclusive basis in any way we see fit without payment to you. We may therefore reproduce, edit, distribute, publicly perform, publicly display and digitally perform and/or distribute the Content in whole or in part, alone or together with other material, on all media (including but not limited to the Internet, other web sites, television, videos/DVDs, cell phones, CDs and radio), and in any format by any means now known or hereafter devised. We shall also have the right to use the Content in order to promote our products and services and to use your name, picture, photograph, other reproduction of your appearance, and biographical material without any payment to you. You hereby waive any right to inspect or approve uses of the Content and you also waive any moral rights you may have in the Content.
B. You retain full ownership of and all right, title, and interest in and to the Content, including any related copyrights, subject to the rights granted to us under this agreement.
C. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Viumbe all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
D. Upon our request, you agree to furnish Viumbe with all documentation, consents and/or other releases necessary to prove your unrestricted ownership in all materials contained in the Content and/or your right to use such materials without limitation for any purpose including without limitation all agreements with all third parties appearing in the Content setting forth those third parties consents to your use of the Content.
E. To the extent that you appear in the Content, you agree that we have the right to use (and to license to others to use) your name, voice and likeness in connection with our use of the Content without any payment to you. You hereby waive any rights to privacy, publicity and defamation, whether granted by statute or common law, that you may have in connection with the Content. You further waive all rights of attribution with respect to the use of your Content.
F. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Viumbe all of the license rights granted herein.
G. Viumbe does not permit infringement of intellectual property rights on the Service, and Viumbe will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Viumbe reserves the right to remove Content without prior notice.
7. Intellectual PropertyAll rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by Viumbe, or owned by a third party and licensed to Viumbe.
Unless expressly permitted in the Terms of Service, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of Viumbe and other providers of the Service.
You must refrain from any action or omission which may dilute, or tarnish Viumbe's goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
8. Requests to remove ContentViumbe respects the intellectual property rights of others. Any requests to remove copyright infringing Content from the Service, or counter requests to repost Content, on grounds of mistake or misidentification of the Content, will be made in accordance with the Service's DMCA notice. After receiving a request to remove or re-post Content on the Service, Viumbe will act as it deems fit, in accordance with the applicable law.
10. Correction of errorsViumbe makes efforts to ensure the reliability of facts and details that Viumbe posts on the Service. However, errors may occur. If you believe that any information that Viumbe posted on the Service is erroneous, please inform Viumbe at: email@example.com.
11. Account TerminationA. If the user is determined to be a repeat infringer, Viumbe will terminate a user's access to the Service.
B. Viumbe reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. Notwithstanding any remedies that may be available to Viumbe under any applicable law, Viumbe may at any time, without prior notice and in its sole discretion, remove such Content and/or temporarily or permanently deny, limit, suspend, or terminate a user's account for submitting such material in violation of these Terms of Service, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if Viumbe determines in its sole discretion that -
• you have abused your rights to use the Service; or
• you have breached the Terms of Service; or
• you have performed any act or omission that violates any applicable law, rules, or regulations; or,
• you have performed any act or omission which is harmful or likely to be harmful to Viumbe, or any other third party, including other users and providers of the Service; or,
• you conveyed your password to another person; or,
• you are in debt to Viumbe or to another person with respect to any transactions made on or through the use of the Service.
12. Links to other sitesThe Service contains links to content on other web sites. Viumbe does not operate, or monitor these Services and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain Service, Viumbe does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. Viumbe assumes no responsibility or liability for such third party Services or contents, or their availability. The Service may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a Service of an advertiser or receive any other messages, information or offers from the advertiser and from others. Viumbe is not responsible and will not be liable for any of the advertisers' practices including their privacy practices, or for the content of their Services, information, messages or offers.
13. Changes in the ServiceViumbe may change the Service's layout, design or display, as well as the scope and availability of the content and services including therein, without giving any prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that Viumbe does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
14. Site and service availabilityThe availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Viumbe does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
15. Termination of operation<Viumbe may at all times, in its sole discretion, terminate the operation of the Service, or any part thereof, temporarily or permanently. Viumbe may not give any notice prior to the termination of the Service. At any time, Viumbe may block, remove or delete any content from the Service, without maintaining any backup copy. You agree and acknowledge that Viumbe does not assume any responsibility with respect to, or in connection with the termination of the Service's operations and loss of any data as a result.
16. Warranty DisclaimerTHE SERVICE IS PROVIDED FOR USE AS IS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIUMBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VIUMBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. VIUMBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIUMBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. Limitation of LiabilityIN NO EVENT SHALL VIUMBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIUMBE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
18. IndemnityTo the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Viumbe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. You are familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: • A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. You waive and relinquish any right and benefit which you may have under Section 1542 and under any similar laws of any state or territory of the United States or other jurisdictions to the extent that you may lawfully do so in connection with the subject matter of this agreement.
19. AssignmentThese Terms of Service, and any rights and licenses granted hereunder, may not be assigned by you without Viumbe’s prior written consent, but may be assigned by Viumbe without restriction.
20. NoticesViumbe may contact you and send you notices via e-mail, regular mail, Short Message Services ('SMS'), fax messages, and notices on the Service. You may contact Viumbe's customer relations, by using the contact page on the Service, or by using Viumbe's contact details hereunder. Viumbe reserves the right to publish in public – including on the Service - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between Viumbe will be deemed as received after one business day.
Viumbe's contact details:
1550 Bryant St., Suite 470
San Francisco, CA 94103
(Telephone number): (415) 400-5311
(Fax number): (415) 400-5015
21. GeneralThese Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Viumbe that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Service shall constitute the entire agreement between you and Viumbe. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Viumbe's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. The United Nations Convention on Contracts for the international Sale of Goods shall not govern the Terms of Service. YOU AND VIUMBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: March 31, 2011.
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