1. You and OpenMyVideo
Your use of OpenMyVideo’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by OpenMyVideo under a separate written agreement) is subject to the terms of a legal agreement between you and OpenMyVideo. “OpenMyVideo” means OMV Inc., whose principal place of business is at 417 N. Boylan Ave, Raleigh, North Carolina 27603, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
All the following terms form a legally binding agreement between you and OpenMyVideo in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Term Acceptance
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by OpenMyVideo in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that OpenMyVideo will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with OpenMyVideo, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by OpenMyVideo
OpenMyVideo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which OpenMyVideo provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that OpenMyVideo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at OpenMyVideo’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform OpenMyVideo when you stop using the Services.
You acknowledge and agree that if OpenMyVideo disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that OpenMyVideo has set a fixed upper limit of 5 minutes of video recording while no limit on number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by OpenMyVideo at any time, at OpenMyVideo’s discretion.
4. No Duty to Monitor
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
5. Use of services
In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to OpenMyVideo will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by OpenMyVideo, unless you have been specifically allowed to do so in a separate agreement with OpenMyVideo. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with OpenMyVideo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that OpenMyVideo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which OpenMyVideo may suffer) of any such breach.
6. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to OpenMyVideo for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify OpenMyVideo immediately at email@example.com
7. Privacy and your personal information
You agree to the use of your data in accordance with OpenMyVideo’s privacy policies.
8. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to OpenMyVideo (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by OpenMyVideo or by the owners of that Content, in a separate agreement.
OpenMyVideo reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that OpenMyVideo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which OpenMyVideo may suffer) by doing so.
9. Proprietary rights
You acknowledge and agree that OpenMyVideo (or OpenMyVideo’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by OpenMyVideo and that you shall not disclose such information without OpenMyVideo’s prior written consent.
Unless you have agreed otherwise in writing with OpenMyVideo, nothing in the Terms gives you a right to use any of OpenMyVideo’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by OpenMyVideo, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Content license
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give OpenMyVideo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling OpenMyVideo to display, distribute and promote the Services and may be revoked for certain Services.
You agree that this license includes a right for OpenMyVideo to make such Content available to other companies, organizations or individuals with whom OpenMyVideo has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that OpenMyVideo, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit OpenMyVideo to take these actions.
You confirm and warrant to OpenMyVideo that you have all the rights, power and authority necessary to grant the above licence.
11. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT OPENMYVIDEO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, OPENMYVIDEO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENMYVIDEO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
OPENMYVIDEO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPENMYVIDEO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH OPENMYVIDEO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE OPENMYVIDEO WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON OPENMYVIDEO’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT OPENMYVIDEO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
OpenMyVideo is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by OpenMyVideo on the Services are subject to change without specific notice to you.
In consideration for OpenMyVideo granting you access to and use of the Services, you agree that OpenMyVideo may place such advertising on the Services.
14. Other content
The Services may include hyperlinks to other web sites or content or resources. OpenMyVideo may have no control over any web sites or resources which are provided by companies or persons other than OpenMyVideo.
You acknowledge and agree that OpenMyVideo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that OpenMyVideo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. Changes to the Terms
OpenMyVideo may make changes to the Terms of service from time to time.
You understand and agree that if you use the Services after the date on which the terms have changed, OpenMyVideo will treat your use as acceptance updated terms.
May 1, 2011
OpenMyVideo: It's Vmail not email.