Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the EasyWordPressVideo.com domain name, the "EasyWordPressVideo Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2)EasyWordPressVideo's privacy notice, found at http://www.EasyWordPressVideo.com/privacy.htm and incorporated here by reference. If you do not agree to any of these terms or the EasyWordPressVideo privacy notice please do not use the EasyWordPressVideo Website and associated software/service.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.EasyWordPressVideo.com/terms.htm). EasyWordPressVideo may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the EasyWordPressVideo Website, including users who are also contributors of video content, information, and other materials or services on the Website. The EasyWordPressVideo Website includes all aspects of EasyWordPressVideo, including but not limited to all products, software and services offered via the website such as the EasyWordPressVideo downloadable software application, the EasyWordPressVideo Video Players the EasyWordPressVideo video hosting server(s) and other applications.
C. Accordingly, we encourage you to be aware when you leave the EasyWordPressVideo Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. EasyWordPressVideo Pro Accounts
A. In order to access some features of the Website, software, and service, you will have to create an EasyWordPressVideo Pro account by purchasing a membership at our website to upgrade to the Pro version of the software. This will assign you a key to unlock these features. One of these features is the ability to select from a number of unbranded video players. If your account exceeds 1 (one) gigabyte of bandwidth per month and 200 (two-hundred) megabytes of server storage total, your videos will revert to the default EasyWordPressVideo branded player. It is our aim to increase these limits regularly, but if you need more bandwidth or more server storage space for your Pro account (to display videos in your blog posts within our unbranded video players) please contact us to make special arrangements. These special arrangements will carry with them increased fees to cover our costs, as our costs are usually covered through the free advertising our branded video player provides.
You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify EasyWordPressVideo immediately of any breach of security or unauthorized use of your account.
B. Although EasyWordPressVideo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EasyWordPressVideo or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
EasyWordPressVideo hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
B. You agree not to alter or modify any part of the Website, including but not limited to EasyWordPressVideo's Embeddable Players or any of its related technologies.
C. You agree not to access User Submissions (defined below) or EasyWordPressVideo Content through any technology or means other than the video playback pages of the Website itself, the EasyWordPressVideo Embeddable Player, or other explicitly authorized means EasyWordPressVideo may designate.
D. You agree not to use the Website, including the EasyWordPressVideo Embeddable Players for any commercial use as defined below, without the prior written authorization of EasyWordPressVideo. Prohibited commercial uses include any of the following actions taken without EasyWordPressVideo's express approval:
sale of access to the Website or its related services (such as the Embeddable Players) on another website;
any use of the Website or its related services (such as the
Embeddable players) that EasyWordPressVideo finds, in its sole discretion, to
use EasyWordPressVideo's resources or User Submissions with the effect of
competing with or displacing the
E. Prohibited commercial uses do not include:
uploading an original video to EasyWordPressVideo to promote your business or artistic enterprise;
using the Embeddable Players to show EasyWordPressVideo videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Players is not to gain advertising revenue or compete with EasyWordPressVideo;
any use that EasyWordPressVideo expressly authorizes in writing.
F. If you use the EasyWordPressVideo Embeddable Players on your blog or website you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. If you use the EasyWordPressVideo software application, you agree that it may prompt you to download and install updates from time to time from EasyWordPressVideo. These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit EasyWordPressVideo to deliver these to you) as part of your use of the software.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the EasyWordPressVideo 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, EasyWordPressVideo 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. EasyWordPressVideo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
J. EasyWordPressVideo reserves the right to discontinue any aspect of the EasyWordPressVideo Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the EasyWordPressVideo Website.
A. The content on the EasyWordPressVideo Website, except
all User Submissions (as defined below), including the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like
("Content") and the trade
B. You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the EasyWordPressVideo Service; and
for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the EasyWordPressVideo Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments on the EasyWordPressVideo blog or other parts of the website are made available to you for your information and personal use solely as intended through the normal functionality of the EasyWordPressVideo Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the EasyWordPressVideo Service or otherwise as prohibited under this Agreement.
D. You may access EasyWordPressVideo Content, User Submissions and other content only as permitted under this Agreement. EasyWordPressVideo reserves all rights not expressly granted in and to the EasyWordPressVideo Content and the EasyWordPressVideo Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the EasyWordPressVideo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the EasyWordPressVideo Website or the Content therein.
G. You understand that when using the EasyWordPressVideo Website, you may at some point be exposed to User Submissions from a variety of sources, and that EasyWordPressVideo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EasyWordPressVideo with respect thereto, and agree to indemnify and hold EasyWordPressVideo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As an EasyWordPressVideo account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, EasyWordPressVideo does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that: you own or
have the necessary licenses, rights, consents, and permissions to use and
authorize EasyWordPressVideo to use all patent, trade
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to EasyWordPressVideo, you hereby grant EasyWordPressVideo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the EasyWordPressVideo Website and EasyWordPressVideo's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the EasyWordPressVideo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the EasyWordPressVideo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the EasyWordPressVideo Service. To remove or delete your content you must request our staff to do so in writing by emailing us through our helpdesk. You understand and agree, however, that EasyWordPressVideo may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not 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 and to grant EasyWordPressVideo all of the license rights granted herein.
E. EasyWordPressVideo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EasyWordPressVideo expressly disclaims any and all liability in connection with User Submissions. EasyWordPressVideo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and EasyWordPressVideo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. EasyWordPressVideo reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. EasyWordPressVideo will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. EasyWordPressVideo reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EasyWordPressVideo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to us:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the court in
If a counter-notice is received by us, EasyWordPressVideo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EasyWordPressVideo's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE EASYWORDPRESSVIDEO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EASYWORDPRESSVIDEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EASYWORDPRESSVIDEO 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 EASYWORDPRESSVIDEO WEBSITE. EASYWORDPRESSVIDEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EASYWORDPRESSVIDEO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EASYWORDPRESSVIDEO 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.
10. Limitation of Liability
IN NO EVENT SHALL EASYWORDPRESSVIDEO, 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 EASYWORDPRESSVIDEO WEBSITE, 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 EASYWORDPRESSVIDEO SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by EasyWordPressVideo
from its facilities in
11. Indemnity
You agree to defend, indemnify and hold harmless EasyWordPressVideo, 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 EasyWordPressVideo Website; (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 one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the EasyWordPressVideo Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the EasyWordPressVideo Website is not intended for children under 13. If you are under 13 years of age, then please do not use the EasyWordPressVideo Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EasyWordPressVideo without restriction.
14. General
These Terms of Service shall be governed by the internal
substantive laws of the