VSMCINEMA.COM
TERMS OF USE
1.BINDING EFFECT. This is a binding agreement. By using the Internet site located at VERYSHORTMOVIES.COM and VSMCINEMA.COM (the “Sites”) or any services provided in connection with the Sites (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Harmony 2000, Inc. d/b/a Very Short Movies (“Company”) from time to time in its sole discretion. Company may post a notice on the Sites when these Terms of Use have been changed or otherwise updated, however it is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Service and the Sites.
2.PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference
3.USER ACCOUNT INFORMATION, PASSWORDS. In order to access some features of the Sites, you will be required to create an account. To do so, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of anyone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4.USE OF SOFTWARE. Company may make certain software available to you from the Sites. If you download software from the Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
5.LIMITED RIGHT TO USE SITE AND SERVICE. Company hereby grants you permission to access and use the Sites as set forth in these Terms of Service, provided that:
5.1. You agree not to distribute in any medium, any part of the Sites, including but not limited to User Content, without Company's prior written authorization
5.2. You agree not to alter or modify any part of the Website or any of Company's technologies embodied therein.
5.3. You agree not to access the Sites' content, (including, without limitation) User Content through any technology or means other than that provided by Company as part of the Sites, the Service, or otherwise with Company's express authorization.
5.4. You agree not to use the Sites or the Service for any commercial use, without the prior, written authorization of Company. Notwithstanding the foregoing, the placement of User Content on the website, shall not, in and of itself, be considered a commercial use, provided the User Content does not contain advertising, or solicitations of any kind.
5.5. You understand that when using the Sites, you will be exposed to User Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content 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 Company, the Sites and the Service with respect thereto, and agree to indemnify and hold Company, 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.USER SUBMITTED CONTENT. As a user of the Sites and Service, you may be permitted to submit video, audio, and text-based material to the Sites (collectively, “User Content”). Company reserves the right, in its sole discretion to publish, exclude, or remove User Content from the Sites at any time. You understand that, whether or not such User Content is published, Company does not guarantee any confidentiality with respect to User Content.
6.1. You retain all ownership rights in original User Content you create and submit to the Sites. However, by submitting User Content to the Sites, you grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content in connection with the Sites and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content are perpetual and irrevocable. Unless you and we agree otherwise, in a separate, written instrument, you will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
6.2. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. By posting User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Sites and these Terms of Service.
7.COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Sites or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Sites is at all times governed by and subject to U.S. and International laws and treaties regarding copyright, patent and trademark ownership and the use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all applicable laws regarding such intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID, Computer or I.P. address. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8.INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9.COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Sites or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at: Serge Polakoff, P O Box 130, Winter Park, FL 32790.
10.ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Sites. To ensure that Company provides a high quality experience for you and for other users of the Sites and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sites or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Sites immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Sites or the Service by others.
11.NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12.LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In the event that the aforementioned limitation of liability is prohibited by law, or determined by a court of governmental agency to be unenforceable, the parties agree that the measure of the user's damages is speculative at best, and impossible to determine with certainty, and that therefore, the parties agree that such damages, including but not limited to attorneys' fees, shall be fixed at the liquidated sum of One Hundred Dollars ($100.00).
13.AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates who may provide content to the Sites, or whose Internet sites may be linked with the Sites. Because neither Company nor the Sites has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
14.PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Sites and the Service. You are prohibited from violating or attempting to violate any security features of the Sites or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging or 'spoofing' any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Sites or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
15.INDEMNITY. You agree to indemnify Company for all of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You shall reimburse Company for all expenses (including reasonable counsel fees and expenses) as they are incurred in connection with the investigation of, preparation for, or defense of any pending or threatened claim, or any action, arbitration or proceeding, or appeal therefrom, arising from any such claim, whether or not such Company is a party and whether or not any action or proceeding actually is commenced.
16.COPYRIGHT. Except as provided below, All contents of Sites or Service are: Copyright © 2007 - 2009 by Very Short Movies, P O Box 130, Winter Park, FL 32790. All rights reserved.
17.GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orlando, Florida, USA in all disputes arising out of or related to the use of the Sites or Service.
18.SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19.NO LICENSE. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20.CALIFORNIA USE ONLY. The Sites is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21.MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites and/or the Service; and (c) discontinue the Sites and/or Service at any time. Company shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.
22. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
