1. Acceptance
By using and/or visiting this website (www.video4ipod.org), you agree to abide by these terms and conditions set forth in the user agreement and privacy policy held by the website (www.video4ipod.org) which are published at http://www.video4ipod.org/terms. If you do not agree or understand any of the terms set forth, please refrain from using Video4ipod.org.
2. Video4ipod.org Website
The terms and conditions apply to all users of www.video4ipod.org, including all users that in one form or another use the services of the website, or contribute to the website in any manner. Video4iPod.org may contain links to outside websites that are in no way affiliated or controlled by Video4iPod. Video4iPod holds no responsibility for the content, terms of use or other rules applied by third party websites.
3. Accessing the Website
A. Upon acceptance of the terms of use and privacy policy, user is granted permission to use Video4iPod.org as a solely personal and non-commercial utility. Agreeing to use in this method states that the user will not copy or replicate any portion of the website. Additionally, the user agrees not to modify any portion of the website other than those portions included in the submission process (for indexing and search purposes).
B. Certain areas of Video4iPod.org may require registration in order to access. Use of someone else’s account is strictly prohibited. When creating an account, the information you supply must be true and accurate to the best of your knowledge. Your account represents an agreement by the user and the user alone is responsible for keeping account and password information secure. Any breach in security must be reported immediately to Video4iPod.org.
C. You agree that your use of Video4iPod.org is limited to human input and that no ‘robots,’ ‘spiders’ or other automated software applications will be launched or included in any submissions to Video4iPod.org. Operators of public search engines are granted permission to ‘crawl’ the site with spiders in order to index
D. Video4iPod.org for the sole purpose of search engine placement/inclusion and updated content for distribution to the public.
4. Intellectual Property Right
All content on the Video4iPod.org website, except all User submissions (as defined below) are the sole property and are owned or licensed to Video4iPod.org, subject to copyright and other intellectual property rights under United States and foreign laws. All content on Video4iPod.org is provided for use AS IS and any duplication, retransmission or copying of any kind is strictly prohibited.
5. User Submissions
A. Video4iPod.org may now or in the future allow submissions by selected users (User Submissions) and the hosting, sharing and/or publishing of User Submissions. The user agrees that the confidentiality of User Submissions is in no way implied or guaranteed by Video4iPod.org.
B. The user will be solely responsible for his/her User Submissions and the consequences of posting, sharing or publishing said submissions. By submitting material to Video4iPod.org, the user agrees that he/she holds the rights, licenses and permissions to use and distribute said User Submission. The user authorizes Video4iPod.org to use all patent, trademark, copyright or other proprietary rights for submissions made by the user for the purposes of inclusion and distribution on Video4iPod.org. The user further agrees that he/she has the written consent, release and/or permission of each and every identifiable person in the User Submission to use the name or likeness in publication, broadcast or other distribution. The user retains all ownership rights for each User Submission, and by submitting material agrees to grant Video4iPod.org a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, broadcast, distribute, modify and display any User Submission in accordance with the Terms of Use. This license is revoked upon removal of User Submission.
C. In accordance with the User Submissions agreement, the user also agrees that you will not submit material that is copyrighted or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the user is the owner of such rights or have the authority and permission of the owner of said rights to publish and post the material on Video4iPod.org. The user also grants Video4iPod.org all of the license rights granted herein. The user further agrees that no material included in a User Submission will include any falsehoods or misrepresentations that could harm another user, Video4iPod.org or any third party. Additionally, the user agrees that no material included in a User Submission shall contain obscene, threatening, pornographic, hateful, racially or ethnically offensive, or would encourage, promote or glorify any activity that may be unlawful or inappropriate. Further, the user agrees that no advertisements or solicitations shall be included in any User Submission. Video4iPod.org does not endorse any User Submission and expressly disclaims any and all liability connected to User Submissions. Video4iPod.org does not condone or permit copyright infringement and upon proper notification will remove any User Submission that infringes upon or violates another’s property rights. Any user that is found to be guilty of infringing upon another’s property right will be warned once. Repeat offenders will be banned from using Video4iPod.org and all User Submissions will be deleted without notice.
E. User understand that when using Video4iPod.org, you will be exposed to User Submissions from many sources and that Video4iPod.org is not responsible in any way for the content, usefulness, accuracy or intellectual property rights of or relating to any User Submission. User further understands that he/she agrees to waive, and hereby does waive, any legal or equitable rights or remedies you have or may have against Video4iPod.org. User agrees to fully indemnify and hold Video4iPod.org, its Owners/Operators, affiliates and/or licensors harmless to the fullest extent of the law regarding all matters related to User Submissions and all other use of Video4iPod.org
6. Warranty Disclaimer
User agrees that use of Video4iPod.org shall be at his/her sole risk. To the fullest extent of the law, Video4iPod.org and all employees disclaim all warranties, express or implied, in connection with Video4iPod.org and his/her use thereof. Video4iPod.org makes no claims to the accurateness, reliability or completeness of the website’s content. Video4iPod.org assumes no liability or responsibility for any errors or mistakes in regards to content. Personal injury or damage to property relating to the use of this site. Any unauthorized access to servers and databases housing or housed by Video4iPod.org is not the responsibility of Video4iPod.org and Video4iPod.org shall not be held responsible for such breaches. Video4iPod.org will also not be held liable for any Trojans, bugs, viruses or the like which may be transmitted to or through the website by Users or those of malicious intent.
7. Indemnity
The user agrees to defend, indemnify and hold harmless Video4iPod.org, its employees, its holding company and web hosting affiliates from any damages, whether real or financial, losses, liabilities costs or debt, and expenses (including, but not limited to attorney fees) stemming from the user’s use and access to the information contained and hosted on Video4iPod.org, violation of these Terms of Use or your violation of any third party right including without limitation any copyright, property, or privacy rights that may be violated by User Submissions. This defense and indemnification obligation will survive your use of Video4iPod.org, as well as these Terms of Service.
8. Ability to Accept Terms of Service
User affirms that he/she is either 18 years of age, an emancipated minor or have legal parent or guardian consent and are fully able and competent to enter into these Terms and Conditions, obligations, affirmations and warranties set forth in these Terms and Conditions.
9. Assignment
These Terms of Service and Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but Video4iPod may assign without restriction.
10. General
You agree that: (i) the Video4iPod website shall be deemed solely based in California; and (ii) the Video4iPod website shall be deemed a passive website that does not give rise to personal jurisdiction over Video4iPod, either specific or general, in jurisdiction other than California. These Terms of Service shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute that arises between a user and Video4iPod shall be determined by a court of competent jurisdiction solely based in San Diego County, California. These terms of service shall be the entire agreement between the user and the Video4iPod website. If any provision in these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalid terms shall not affect the validity of the remaining portions of the Terms of Use, which shall remain in full effect. It is the user’s responsibility to review these Terms of Use periodically for changes relevant to usage. Your use of the Video4iPod website after any changes are made to these Terms of Use will signify your agreement that you have read and reviewed these Terms of Use for changes or amendments. THE USER AND Video4iPod AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUTUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.