1. Your Acceptance
2. The Vator.tv Website
3. Website Access
4. Vator.TV Intellectual Property Rights and Limited License
5. Copyright and Trademarks
The content of the Vator.tv Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Website are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Vator.tv owns a copyright in the selection, coordination, arrangement and enhancement of such Materials, as well as in the content original to Vator.tv. Third-party content providers own the copyright in content that is original to them. "Vator.tv," the "Vator.tv logo," as well as other marks that may appear on the Site ("Marks"), are the service and trademarks of Vator.tv. All other trademarks, service marks and logos used on this Website, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Vator.tv's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Vator.tv.
6. Links and Other Sites
The Vator.tv Website contains links to pages on other sites, and those sites may offer products, services or other resources. Because Vator.tv has no control over such sites and resources, you acknowledge and agree that Vator.tv has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Vator.tv of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Vator.tv does not author, edit or monitor these pages or links. You further acknowledge and agree that Vator.tv is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
Vator.tv hereby grants you a non-exclusive, limited license, revocable at Vator.tv 's discretion, for you to link to Vator.tv's home page from any site you own or control that is not commercially competitive to Vator.tv and does not criticize or otherwise injure Vator.tv, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Vator.tv. All of Vator.tv's rights and remedies are expressly reserved.
7. Infringement Complaints - Digital Millennium Copyright Act Notice
Vator.tv respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Vator.tv directly makes available on its Website and we ask our users to do the same. Vator.tv may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Vator.tv Website, either posted by Vator.tv, our users or any other party, is infringing, please contact Vator.tv at the address below. Pursuant to the Digital Millennium Copyright Act, Vator.tv has a designated agent to receive copyright infringement claims (see 17 U.S.C 512(c)(3) for further detail). You may notify Vator.tv of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:
c/o Bambi Francisco
38 Keyes Ave. – Suite 200
San Francisco, CA 94129
E-mail: [email protected]
DO NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT. All other correspondence should be sent to [email protected].
If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
8. User conduct and submissions
9. License to Content
10. Advertisements and communications
Vator.tv and third parties to which Vator.tv sublicenses videos or other communications submitted by you and other users may include advertisements in conjunction with or associated with such videos or communications. You understand and agree that the substance, placement and timing of such advertisements shall be determined by Vator.tv or its sublicensees in their sole discretion. You agree that you shall not alter or remove any such advertisements. If you find a particular advertisement offensive, you may contact Vator.tv at [email protected] and provide your comments or ask to have the advertisement removed. Your correspondence or business deals with, or participation in promotions of, advertisers or other third parties found on or through Vator.tv including payment and delivery of related goods or serves, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. You agree that Vator.tv shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.
11. Disclaimer of Warranties
Your use of the Vator.tv website and your use or reliance upon any materials on the website is solely at your own risk. In no event will Vator.tv be liable to you or anyone else for any decision made or action taken by you in reliance upon such materials on the Vator.tv website. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VATOR.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. Vator.tv makes no representations, warranties or guarantees whatsoever as to accuracy, adequacy, reliability, correctness, completeness or suitability of any of the materials or information available on the Vator.tv website or the materials on 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 OMISSIONS IN 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 VATOR.TV WEBSITE. VATOR.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VATOR.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VATOR.TV 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. IF YOU FIND ANY MATERIAL ON THE WEBSITE OBJECTIONABLE, DO NOT USE THE SITE. 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.
12. No Offer to Sell
No material on the Vator.tv website or material displayed on a third party website through the Vator.tv player should be considered as an offer to sell or a solicitation of any offer to buy an interest in any company on Vator.tv.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VATOR.TV, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Vator.tv Website, and you shall be responsible for all charges related thereto.
16. Ability to Accept Terms of Service
17. Our Commitment To Childrens' Privacy and Our Compliance with the Children's Online Privacy Protection Act
In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any personally identifiable information ("PII") from children under 13 years of age, unless we believe such collection to be permitted by law. Our Vator.tv Website targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at [email protected]. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
19. Distribution Limitations and Territorial Restrictions
The information provided on the Vator.tv Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vator.tv to any registration requirement within such jurisdiction or country. This Website is controlled and operated by Vator.tv from its offices within the State of California, U.S.A. and Vator.tv makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Website shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Vator.tv.
Software related to or made available by the Vator.tv Website may be subject to United States export controls. Thus, no software from this Website may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
20. Choice of Law and Forum Selection
23. Statute of Limitations
24. Entire Agreement; Modification and Termination
Last revised: October 27, 2009 (version 3)