This Terms of Use and Refund Policy agreement and the Privacy Policy incorporated herein by this reference must both be carefully read. This Agreement is a legal and binding agreement between you, as the end user, and Video-C Online Ltd AB. Your use of our websites (the "Video-C Online Ltd Websites") as a guest or registered member/subscriber of Video-C Online Ltd.com indicates your agreement and consent to become a party to this Agreement, to accept and be bound to the terms of use herein and compliance with our policies. If you do not accept and agree to the terms of this Agreement, your sole and exclusive remedy is to discontinue using Video-C Online Ltd.com.
1. Service
Video-C Online Ltd currently provides the Video-C Online Ltd Websites for streaming and downloading music videos and audio download.
2. Termination
You agree that Video-C Online Ltd, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service if Video-C Online Ltd believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Video-C Online Ltd may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that Video-C Online Ltd shall not be liable to you or any third party for any termination of your access to the Service. In addition, you may terminate this Agreement and your subscription to the Service at any time. Termination of this Agreement shall not relieve you of any obligation to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated. The payment in advance for the next month's Service level is non refundable.
3. Explicit Lyrics
Video-C Online Ltd by default webcasts music videos from Video-C Online Ltd's entire catalogue which contains a variety of music including some songs that may contain explicit lyrics or lyrics that certain people may find offensive. If you are dissatisfied with any music or videos webcast by Video-C Online Ltd, your sole and exclusive remedy is to discontinue using Video-C Online Ltd.com.
4. Electronic Newsletters
Video-C Online Ltd provides a periodic electronic newsletter to users who voluntarily subscribe as a Video-C Online Ltd member. Users may remove themselves from this mailing list simply by replying to the email and typing "unsubscribe" in the subject heading of the email, or by sending a message to support@Video-C Online Ltd.com from the user's email account requesting they be unsubscribed from the electronic mailing list.
5. Contests
From time to time Video-C Online Ltd may offer contests in which we request certain personal information. At a minimum, the required information includes your name, email address, telephone number, city, state (where applicable) and country. In some cases, it may be possible that the user must answer mandatory survey questions regarding other personal data. The information gathered in the entry forms is used to verify the entrant's identity and to contact winners and/or prize recipients. There are three instances in which Video-C Online Ltd may divulge this information to a third party:
- The record company whose artists and videos are used in the contests and/or other sponsors of the contest may request the user's email address and/or personal information, in which case the user's personally identifiable information is divulged to the record company and/or other sponsors.
- A user may expressly choose to receive additional information from a contest sponsor, in which case the user's personally identifiable information is divulged to the advertiser.
- Some contests may be hosted on the Video-C Online Ltd Websites but administered by a sponsor; in such instances the information a user provides is passed on to the third party but only with the user's express consent.
As rules and terms of each contest can vary, all information about each contest is clearly posted during the event. All contests are conducted in full accordance with Swedish law and decisions of contest winners are based on a jury whose decision is final and cannot be appealed. Employees and employees' relatives of Video-C Online Ltd, record labels and other sponsors are not eligible to participate in the contests. By entering a contest, the recipient of any prize acknowledges and agrees to be responsible for any governmental taxes or customs charges that may be incurred. All contests are null and void where prohibited by law.
6. Null and Void Where Prohibited
Although Video-C Online Ltd Websites are accessible worldwide, not all products and services discussed or referenced on Video-C Online Ltd Websites are available to all persons or in all geographic locations. Video-C Online Ltd reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so requests. Any offer for any product or service made on the Video-C Online Ltd Websites are null and void where prohibited by law.
7. License to Video-C Online Ltd
By sending messages, whether in response to a contest or otherwise, uploading files, inputting data or engaging in any other form of communication through Video-C Online Ltd Websites, you are granting a royalty free, perpetual, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, intellectual property, trademark, service mark or patent laws under any relevant jurisdiction.
8. Use of Information
Video-C Online Ltd uses any information given by our users to enhance their experience in Video-C Online Ltd Websites, whether to provide personalized elements on the sites or to better prepare future content based on the interests of our users. As previously stated, Video-C Online Ltd uses information that users provide in order to send out electronic newsletters and enable users to participate in contests. Video-C Online Ltd never shares newsletter mailing lists with any third parties, including advertisers or partners, but Video-C Online Ltd may create aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows our advertisers to advertise more effectively, and allows our users to view advertisements that are pertinent to their needs.
9. Sharing of Information
Video-C Online Ltd uses the information described above to tailor our content to suit your needs and help our advertisers better understand our audience's demographics. This is essential to keeping the cost of our service low. We do not share information about individual users with any third party, except record companies whose videos you select to view (and then only at request by those companies) and in the case of contests (which may be divulged to the record companies and/or other sponsors of the contests). Other than the foregoing, we do not share information with any third party for any purpose whatsoever without your consent or unless required to do so by law. Video-C Online Ltd does not control the practices of our advertisers. If you have questions about how our advertisers use information about you when you view their websites, please contact them directly.
10. Copyright Information
Video-C Online Ltd prohibits the use of copyrighted editorial content, graphics, videoclips, sound recordings and photographs (the "Material") located or found on Video-C Online Ltd.com or any other website owned, operated, licensed or controlled by Video-C Online Ltd without Video-C Online Ltd's prior written consent. All editorial content including, but not limited to, graphics, website design, text, the selection and arrangement thereof, and any software is protected by copyright. © 2005 Video-C Online Ltd AB. For personal, informational and non-commercial use only. All rights reserved. Such editorial content is protected by Swedish and International copyright and intellectual property law and international treaties and may not be copied without the express prior written permission of Video-C Online Ltd, which reserves all rights, including the right to deny a request to copy content found on Video-C Online Ltd Websites. Use of any of Video-C Online Ltd's editorial content online for any purpose whatsoever without written permission from Video-C Online Ltd is strictly prohibited. The Materials from Video-C Online Ltd Websites are available for personal, informational and non-commercial use only. The editorial content shall not be modified in any way and all copyright and other notices on any Material shall be retained. Permission to use Video-C Online Ltd's content will be granted on a case-by-case basis only. Please direct any such inquiries to info@Video-C Online Ltd.com. Copying or adapting the HTML code that Video-C Online Ltd creates to generate its pages is strictly prohibited. Such HTML code is covered by Video-C Online Ltd's copyright. The Material may not be copied, reproduced, transmitted, distributed, disseminated, sold, broadcast, webcast, republished, downloaded, displayed or posted or in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Video-C Online Ltd. You agree and indemnify to hold harmless Video-C Online Ltd for your failure to comply with this section.
11. Copyright Infringement
Video-C Online Ltd respects the intellectual property of others and we ask our users do the same. Video-C Online Ltd may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others, particularly those who commit repeated acts of infringement. You agree and indemnify to hold harmless Video-C Online Ltd for your failure to comply with this section. If you believe that your work has been copied in a way that constitutes copyright infringements, please provide us with the following information.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement, please direct them to info@Video-C Online Ltd.com and/or Copyright Infringement, Video-C Online Ltd AB, Box 30043, 104 25 Stockholm, Sweden. This contact information is solely for the purpose of answering questions regarding copyright infringement. Please do not send or address any other notices or communications in this manner. Thank you.
Unless the requested information is provided and the requested actions are taken, Video-C Online Ltd cannot act upon allegations of copyright infringement. Please do not send any other notices or communications to the above person who is appointed solely for the purposes of receiving notices of claims of copyright infringement.
12. Trademarks
Video-C Online Ltd.com and the Video-C Online Ltd logo are registered trademarks of Video-C Online Ltd AB. The "look and feel" of the Video-C Online Ltd Websites is also a Video-C Online Ltd trademark. All other trademarks, service marks, product names and company names or logos used on Video-C Online Ltd Websites remain the property of their respective owners.
13. Jurisdiction
The Video-C Online Ltd Websites are controlled and operated by Video-C Online Ltd AB from its office in Stockholm, Sweden. Therefore, this Agreement is entered into in the Country of Sweden and shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflicts of law provisions. Each party to this Agreement submits to the exclusive jurisdiction of the courts sitting in Stockholm, Sweden and waives any jurisdictional, venue or inconvenient forum objections to such courts. Video-C Online Ltd makes no representation that Materials on the Video-C Online Ltd Websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with locals laws, if and to the extent local laws are applicable. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this section. You shall not use the Service in any manner contrary to applicable local, state, regional, federal or national law. Video-C Online Ltd expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, regional, federal or national law. Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth within, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
14. DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. Video-C Online Ltd IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS SITE OR ITS CONTENT. Video-C Online Ltd DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, Video-C Online Ltd DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, Video-C Online Ltd DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE Video-C Online Ltd WEBSITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK INCLUDING, BUT NOT LIMITED TO, THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Video-C Online Ltd HAS PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIAL ON Video-C Online Ltd WEBSITES. NEITHER Video-C Online Ltd NOR THEIR AFFILIATES OR PARTNERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
15. Limitation of Liability
Video-C Online Ltd will make reasonable efforts to keep the Video-C Online Ltd Websites operational. However, certain technical difficulties may from time to time result in temporary service interruptions. Video-C Online Ltd also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of Service with or without notice, including videos that may be removed from the Video-C Online Ltd Websites due to copyright restrictions. This may affect in particular the Personal Playlists feature, in which the pre-programmed video selection would simply be removed from the Personal Playlists. Under no circumstances including, but not limited to, negligence shall Video-C Online Ltd or its affiliates be liable for any direct, indirect, incidental, special or consequential damage or loss of revenue, profits or data that results from the use of, or the inability of use, Video-C Online Ltd Materials due to any modification, suspension, discontinuance or interruption of Service, even if Video-C Online Ltd has been advised of the possibility of such damage. Further, our aggregate liability arising with respect to this Agreement and the Service will not exceed the total fees paid by you under this Agreement. You specifically acknowledge and agree that Video-C Online Ltd is not liable for any defamatory, offensive or illegal conduct or any user. Video-C Online Ltd cannot be held responsible for quality of service from your Internet Service Provider (ISP). If you are dissatisfied with any Video-C Online Ltd material, your sole and exclusive remedy is to discontinue using Video-C Online Ltd.com.
16. Modification
Video-C Online Ltd may modify the terms and conditions of this Agreement by posting notice of such modification at any time and at our sole discretion on a page of the Video-C Online Ltd Websites entitled Legal Notice. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of Video-C Online Ltd Websites following our posting of a change notice or new agreement on the Video-C Online Ltd Websites will constitute your binding acceptance of the change.
17. Agreement
This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications, proposals or agreements whether electronic, oral or written, between you and us with respect to the Service, all of which communications, proposals or agreements are expressly cancelled. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. |
