TERMS OF SERVICE
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
SalsaIndy LLC d/b/a MyVidster.com and its subsidiaries and affiliates (“MyVidster,” “we,” or “us”) require that all visitors to the website located at www.myvidster.com and any of its web pages, the MyVidster mobile application, and any related services, including but not limited to any replacement , substitute or backup websites and web pages controlled, owned or operated by or on behalf of MyVidster (collectively, the “Website”) adhere to the following terms and conditions of use (the “Terms”). These Terms constitute a legally binding agreement between you and MyVidster.
BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD CAREFULLY READ THESE TERMS. BY CLICKING THE [“I AGREE”] BUTTON, REGISTERING AS A USER, DOWNLOADING THE MOBILE APPLICATION, OR ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.
1. CHANGES TO WEBSITE AND TERMS
We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Agreement or other notice on the Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE MYVIDSTER WEBSITE TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS, AS YOUR CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR CONTINUING CONSENT TO BE BOUND BY THIS AGREEMENT. MyVidster expressly reserves the right to make any changes to this Agreement, or to the Website and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by MyVidster of these Terms.
We also expressly reserve the right to make any changes that we deem appropriate from time to time to the Website or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Website (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
2. DESCRIPTION OF SERVICES
The Website allows users to view, link to ("bookmark"), collect, share and discuss third-party video content from around the Internet, and may enable access to our and third-party services and web sites (collectively and individually, “Services”). The Website does not enable users to upload videos to MyVidster’s servers. The Website allows its users to view Content and the Website subject to these Terms. Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
MyVidster is for personal use only. Any illegal and/or other unauthorized use of MyVidster is prohibited, including but not limited to collecting personal data for sending unauthorized emails.
3. LICENSE TO ACCESS AND USE
You may access and use the Website only for your personal, non-commercial use (or, if accessing the Website on behalf of a company, only your company’s own internal use). Any other access to or use of the Website or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Website or Content is appropriate or available for use in locations other than the United States. If you choose to access this Website from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
You may not access, use, or copy any portion of the Website or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the Content or any access to or use of the Website or the Content.
You represent and agree that all information that you provide to us in connection with your access to and use of the Website is true, accurate, and complete to the best of your knowledge and belief. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.
4. THIRD PARTY MATERIALS
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. We do not, and our content providers do not, guarantee the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services. You acknowledge that MyVidster will not be liable for any and all liability arising from your use of or linking to any Third Party Materials.
From time to time, you may communicate with, receive communications from, be redirected to or interact with, or participate in or use the Website or the Services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contract or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
6. ELIGIBILITY AND REGISTRATION
The Website is only made available to users 18 years of age or older. If you are under 17 years old, please discontinue using the Website immediately, or if for any reason, you do not agree with all of these Terms, please discontinue using the Website immediately.
MyVidster provides an adult content filter that seeks to prevent users from accessing adult content via the Website (“Adult Content Filter”). If you use the Website without the Adult Content Filter, you affirm that you are at least eighteen (18) years old and/or are above the age of majority in the jurisdiction in which you reside and from which you access the Website. If you are under the age of 18 or the age of majority in your jurisdiction, you may not use the Website without the Adult Content Filter.
If you are eligible to use the Website, you must register as a user to share video links on Website. To register as a user, you must provide a valid email address and select a unique user name and password. If you become a registered user, you agree that you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.
Your user name and password are personal to you, and you may not share them with others or allow others to use them. MyVidster is not liable for any harm caused by, or resulting from, your disclosure of your user name and password, your authorization of anyone else to use them, or any theft or misappropriation of them. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities, or losses that are incurred or suffered by MyVidster or by others if you fail to do so. You agree that you, and not MyVidster, remain solely responsible for an activity, use, and conduct on MyVidster that is associated with your user name or password. You agree to notify MyVidster immediately if there is, or if you believe there may have been, unauthorized activity or any other security concerns regarding your user name or password.
You agree that you will not use the Website to link to, post or make available videos, comments or any other content that violates any applicable local, state, national, or international law, or any regulations having the force of law where you reside or elsewhere. You agree not to use the Website in any way that exposes MyVidster to criminal or civil liability.
You acknowledge and agree that you are solely responsible for any content you link to, post, or otherwise make available on or through the Website, or to any third-party website via an embedded player provided by MyVidster, and for any other material or information that you transmit or share with other users or unrelated third parties via the Website. MyVidster provides the Website as a service to its users. However, MyVidster assumes no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. Notwithstanding the foregoing, we reserve the right in our sole discretion to review and delete any video, user comment, or other content on the Website for any reason whatsoever including without limitation on the basis that we believe in our sole judgment, violates these Terms or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website.
In using the Website, except as expressly provided by these Terms, you may not:
(a) bookmark, post, or otherwise make available any video, user comment, or other content that:
1. is harassing, harmful, threatening, tortuous, abusive, defamatory, libelous or
2. promotes or depicts illegal activities, physical harm or injury to any group or obscene; individual, or any act of cruelty to animals;
3. is hosted on password-protected websites or private file servers or is invasive of privacy in any way, including but not limited to content that reveals personal information;
4. constitutes hate speech or promotes or reflects animosity or denigration based on race, gender, sexuality, disability or any other protected characteristic; or
5. violates any copyright or other intellectual property right you do not own or license;
(b) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Content;
(c) circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or Content;
(d) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices to copy Content from the Website for the sole purpose of (and only to the extent necessary to create) a searchable index of Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(e) transmit, distribute or upload programs that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware or other potentially harmful programs or other material or information;
(f) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords or email addresses;
(g) attempt to interfere with the proper working of the Website or impair, overburden or disable the same;
(h) decompile, reverse-engineer or disassemble any portion of the Website;
(i) encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person or entity;
(j) engage in any conduct that restricts or inhibits any other suser from using or enjoying the Website.
Please review MyVidster's Do Not Post List to familiarize yourself with common sources of copyrighted content that should not be bookmarked on or otherwise made available on the Website.
You agree that all adult video content you bookmark on the Website, including but not limited to graphic sexual content, must be flagged as either "adult" or "private." In accordance with 18 U.S.C. § 2257, MyVidster maintains a zero-tolerance policy for video content containing child pornography or sexually suggestive depictions of minors. MyVidster will immediately terminate the MyVidster accounts of any user who bookmarks or otherwise makes available such videos and remove the links in question.
Violation of any of these Terms may result in removal of the content and/or termination of your MyVidster account and access at any time without notice. MyVidster retains the right to determine, in its sole and unfettered discretion, what further action may be taken in the event of any discovered or reported violation of this Agreement.
We reserve the right to provide additional terms or operating rules that may govern your use of the Website generally, particular aspects of the Website or both (“Additional Terms”). Any Additional Terms that we may provide to you, post to or otherwise make available through the Website are incorporated by reference into these Terms. To the extent that any Additional Terms conflict with these Terms, the Additional Terms will control.
You also agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Website. We may also use this information to improve our products or to provide services or technologies to you.
MyVidster takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Website. You agree to notify MyVidster immediately if you discover loss or access to such information by another party not under your control and supervision. MyVidster will not be liable for any loss or damage arising from the unauthorized use of your username or password.
10. 18 U.S.C. § 2257 STATEMENT
The Website allows users to collect and share bookmarks to third-party video content hosted on third-party websites. MyVidster does not create any video content. As such, MyVidster is not a producer (primary or secondary) of any of the content found on the Website. With respect to the records required by 18 U.S.C. § 2257 for any and all content found on the Website, please direct your request to the third-party site for which the content was produced. For further assistance and/or information in finding the content's originating site, please contact MyVidster compliance at [email protected].
The Website allows registered users and visitors to flag content to be flagged as inappropriate. We will promptly remove any content flagged as illegal, unlawful, harassing, harmful, or offensive. Users of the Website who encounter such content are urged to flag it by clicking 'flag as inappropriate' link found below each video.
11. INTELLECTUAL PROPERTY
MyVidster respects the intellectual property of others. By bookmarking video content on the Website, you represent and warrant that such public display does not constitute copyright infringement or violation of any other intellectual property rights.
In accordance with the Digital Millennium Copyright Act Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (our “Designated Agent”). Our Designated Agent may be reached via email at: [email protected], and via regular mail at: Marques Gunter SalsaIndy LLC, 815-A Brazos Street #365 Austin, TX 78701.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to use by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
Please note that Section 512(f) of the DMCA may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to expeditiously remove or disable access to the infringing material, notify the registered user of its violation of the DMCA and these Terms and, for repeat offenders, we may also terminate such registered user’s access to the Website.
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you believe that your material does not constitute infringement, you may provide MyVidster with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the material does not constitute copyright infringement. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
12. APPLICATION PROGRAM INTERFACE TOOL
We provide webmasters with access to a back-end application program interface (API) tool that allows webmasters to see the source of allegedly infringing content and directly remove links to infringing content appearing on the Website, including the entire post, page and/or comments associated with that link; provided that the webmaster has first authenticated itself to MyVidster, requested access to the API tool and been granted access by MyVidster.
We reserve the right, in our sole discretion, to terminate or restrict access or discontinue service to the Website (or any portions, components, or features of the Website) to you or anyone else, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Website.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Website. You may not access the Website after your access is terminated without our written approval. After terminating your access, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
14. DISCLAIMER; NO WARRANTY
THE USE OF THIS WEBSITE BY YOU IS AT YOUR OWN RISK. ACCORDINGLY, THE WEBSITE, CONTENT AND ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, MYVIDSTER AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THE WEBSITE OR SERVICES WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE WEBSITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
In no event will MyVidster, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you, your employer, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Website or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Website or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Under no circumstances will MyVidster or our Representatives be liable to you, your company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Website or the Content, or the transmission of information to or from the Website over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of MyVidster and our Representatives will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if we or any of our Representatives are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend, indemnify and hold harmless MyVidster, its parent corporation, officers, directors, members, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
(a) Your use of and access to the Website;
(b) Your actual or alleged violation of any of these Terms;
(c) Your violation of any third-party right, including but not limited to any copyright, property, or privacy right;
(d) Your acts or omissions;
(e) Your actual or alleged violation of any applicable law or regulation; or
(f) Any claim that your bookmarking of any content caused damage to a third party.
This defense and indemnification obligation will survive termination of these Terms and your use of the Website.
These Terms shall be governed by and construed in accordance with the laws of Texas and the United States of America, without regard to conflict-of-law principles. You consent to service of process in any legal proceeding.
If any term, clause or provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MyVidster's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.
(a) You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
(b) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(c) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Website.
(d) Nothing in these Terms, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
(e) We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
(f) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(g) Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities.
(h) Discontinuation of use of this Website is your sole right and remedy for any dissatisfaction with the Website or any of the Content.
19. OTHER AGREEMENTS
If you have entered into a separate written agreement with MyVidster with respect to your use of the Website or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Website or these Terms at [email protected]