Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the Shoofo.com domain name, the "SHOOFO Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS
OF SHOOFO'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.shoofo.com/video/privacy.php
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to
any of these terms, then please do not use the SHOOFO Website.
2. Shoofo Website
These Terms of Service apply to all users of the SHOOFO Website, including
users who are also contributors of video content, information, and other
materials or services on the Website. The SHOOFO Website may contain links
to third party websites that are not owned or controlled by SHOOFO. SHOOFO
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, SHOOFO
will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve SHOOFO from any and all liability
arising from your use of any third-party website. Accordingly, we encourage
you to be aware when you leave the SHOOFO Website and to read the terms
and conditions and privacy policy of each other website that you visit.
3. Website Access
A. SHOOFO hereby grants you permission to use the Website
as set forth in this Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any medium
without SHOOFO's prior written authorization; (iii) you will not alter
or modify any part of the Website other than as may be reasonably necessary
to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website,
you will have to create an account. 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, and you must keep your account password secure.
You must notify SHOOFO immediately of any breach of security or unauthorized
use of your account. Although SHOOFO will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for
the losses of SHOOFO or others due to such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner
that sends more request messages to the SHOOFO servers in a given period
of time than a human can reasonably produce in the same period by using
a convention on-line web browser. Notwithstanding the foregoing, SHOOFO
grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives
of such materials. SHOOFO 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
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
4. Intellectual Property Rights
The content on the SHOOFO Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed to SHOOFO, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written
consent of the respective owners. SHOOFO reserves all rights not expressly
granted in and to the Website and the Content. 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, ordistribution
of User Submissions of third parties obtained through the Website for
any commercial purposes. If you download or print a copy of the Content
for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the SHOOFO Website or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the SHOOFO Website or the Content therein.
5. User Submissions
A. The SHOOFO Website may now or in the future permit
the submission of videos or other communications submitted by you and
other users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or not
such User Submissions are published, SHOOFO does not guarantee any confidentiality
with respect to any 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: (i)
you own or have the necessary licenses, rights, consents, and permissions
to use and authorize SHOOFO to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated
by the Website and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and
these Terms of Service. For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting the User Submissions
to SHOOFO, you hereby grant SHOOFO 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 SHOOFO Website and SHOOFO's (and its successor's)
business, including without limitation for promoting and redistributing
part or all of the SHOOFO Website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each
user of the SHOOFO Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or delete
a User Submission from the SHOOFO Website.
C. In connection with User Submissions, you further
agree that you will not: (i) 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 SHOOFO all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage SHOOFO or any third
party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise
to civil liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v) impersonate another
person. SHOOFO does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and SHOOFO expressly disclaims any and all
liability in connection with User Submissions. SHOOFO does not permit
copyright infringing activities and infringement of intellectual property
rights on its Website, and SHOOFO will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. SHOOFO reserves the right to remove
Content and User Submissions without prior notice. SHOOFO will also terminate
a User's access to its Website, if they are determined to be a repeat
infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from
the Website more than twice. SHOOFO also 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
and violations of intellectual property law, such as, but not limited
to, obscene or defamatory material, or excessive length. SHOOFO 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.
D. In particular, 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 our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3)
for further detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v) 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
(vi) 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.
SHOOFO's designated Copyright Agent to receive notifications of claimed
infringement is: I.P., 1400 Market Place, STE 217, Cumming, GA 30041,
email: copyright@shoofo.com For clarity, only DMCA notices should go to
the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be directed to SHOOFO customer
service through http://www.shoofo.com/video/help.php You acknowledge that
if you fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
E. You understand that when using the SHOOFO Website,
you will be exposed to User Submissions from a variety of sources, and
that SHOOFO 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 SHOOFO with respect thereto,
and agree to indemnify and hold SHOOFO, 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.
F. SHOOFO permits you to link to materials on the Website
for personal, non-commercial purposes only. In addition, SHOOFO provides
an "Embeddable Player" feature, which you may incorporate into
your own personal, non-commercial websites for use in accessing the materials
on the Website, provided that you include a prominent link back to the
SHOOFO website on the pages containing the Embeddable Player. SHOOFO reserves
the right to discontinue any aspect of the SHOOFO Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOOFO, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHOOFO 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 OMISSIONSIN 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 SHOOFO WEBSITE. SHOOFO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SHOOFO WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOOFO 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.
7. Limitation of Liability
IN NO EVENT SHALL SHOOFO, 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 SHOOFO WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 SHOOFO 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 SHOOFO from its facilities in
the United States of America. SHOOFO makes no representations that the
SHOOFO Website is appropriate or available for use in other locations.
Those who access or use the SHOOFO Website from other jurisdictions do
so at their own volition and are responsible for compliance with local
law.
8. Indemnity
You agree to defend, indemnify and hold harmless SHOOFO, 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 SHOOFO 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 SHOOFO Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, (21 IN SOME
STATES) 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 18 (21 IN
SOME STATES), as the SHOOFO Website is not intended for users under 18
(21 IN SOME STATES). If you are under 18 years of age, then please do
not use the SHOOFO Website, and you must exit now by leaving this website.
10. 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 SHOOFO
without restriction.
11. General
You agree that: (i) the SHOOFO Website shall be deemed solely based in
Georgia; and (ii) the SHOOFO Website shall be deemed a passive website
that does not give rise to personal jurisdiction over SHOOFO, either specific
or general, in jurisdictions other than Georgia. These Terms of Service
shall be governed by the internal substantive laws of the State of Georgia,
without respect to its conflict of laws principles. Any claim or dispute
between you and SHOOFO that arises in whole or in part from the SHOOFO
Website shall be decided exclusively by a court of competent jurisdiction
located in Forsyth County, Georgia. These Terms of Service, together with
the Privacy Notice at http://www.shoofo.com/video/privacy.php and any
other legal notices published by SHOOFO on the Website, shall constitute
the entire agreement between you and SHOOFO concerning the SHOOFO Website.
If any provision of these Terms of Service is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service,
which shall remain in full force and effect. No waiver of any term of
these Terms of Service shall be deemed a further or continuing waiver
of such term or any other term, and SHOOFO's failure to assert any right
or provision under these Terms of Service shall not constitute a waiver
of such right or provision. SHOOFO reserves the right to amend these Terms
of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the SHOOFO
Website following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND SHOOFO AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHOOFO WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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