Unimundo Uploading Terms
Effective: March 2010
1. Your Acceptance of the Uploading Terms
A. By using, uploading and/or visiting the Unimundo website or any Unimundo products, software, data feeds, and services provided to you on, from, or through the Unimundo website (collectively the "Service") you signify your agreement to:
1. These Uploading Terms and conditions;
2. The Unimundo “Terms of Service”;
4. The “Digital Millennium Copyright Act” (“DMCA”); and
5. The Unimundo Community Guidelines; incorporated herein by reference.
If you do not agree to any of these terms as enumerated here:
1) The Uploading Terms and conditions;
2) The Unimundo Terms of Service;
4) The Digital Millennium Copyright Act (“DMCA”); and
5) The Unimundo Community Guidelines; please do not use the Unimundo Service.
B. Although Unimundo may attempt to notify you when major changes are made to these "Terms of Service", you should periodically review the most up-to-date version. Unimundo may, in its sole discretion, modify and/or revise the Terms of Service and Policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Terms of Service
A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service, the (“Content.”). Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, any other media and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Unimundo, including but not limited to all products, software, and services offered via the Unimundo website, such as the Unimundo channels, the Unimundo "Embeddable Player," the Unimundo "Uploader" and other applications.
B. The Service may contain links to third party websites that are not owned or controlled by Unimundo. Unimundo has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Unimundo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Unimundo from any and all liability arising from your use of any third-party website.
3. Unimundo Accounts
A. In order to access some features of the Service, you will have to create a Unimundo Account. You may never use another User account without permission. When creating your account, you must provide accurate and complete information, including but not limited to your true first and last name and all other information about you as requested and reasonably expected. You may not use a fake name. You may not create and a fake account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
C. You may also send us a fax with any complaint you may have to: 1-800-516-1143.
D. Although you agree Unimundo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Unimundo or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Unimundo hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without Unimundo's prior written authorization unless Unimundo makes available the means for such distribution through functionality offered by the Service such as the Embeddable Player.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Unimundo may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain Unimundo's prior written approval: 1) The sale of access to the Service; 2) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; and/or 3) The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Unimundo appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include: 1) Uploading an original video to Unimundo, or maintaining an original channel on Unimundo, to promote your business or artistic enterprise; 2) showing Unimundo videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth here; and/or any other use that Unimundo expressly authorizes in writing.
F. Commercial, sales and/or multi-level media is not allowed.
G. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Unimundo website.
H. If you use the Unimundo Uploader if any, you agree that it may automatically download and install updates from time to time from Unimundo. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Unimundo to deliver these to you as part of your use of the Uploader.
I. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Unimundo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
J. Notwithstanding the foregoing, Unimundo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Unimundo 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 Service, nor to use the communication systems provided by the Service e.g., comments, email for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
K. In your use of the Service, you will comply with all applicable laws.
L. Unimundo reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
A. The Content on the Service, and the trademarks, service marks and logos the ("Marks") on the Service, are owned by or licensed to Unimundo, subject to Copyright, Trademarks and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content from Unimundo unless you see a “download” or similar link displayed by Unimundo on the Service for that Content.
C. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise, exploit any Content for any other purposes without the prior written consent of Unimundo or the respective licensors of the Content. Unimundo and its licensors reserve all rights not expressly granted in and to the Service and the Content.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
E. You understand that when using the Service, you will be exposed to Content from a variety of sources and that Unimundo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
F. You further understand and acknowledge that you may be exposed to Content that is 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 Unimundo with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Unimundo, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content; Conduct; Pornography and other Adult Content
A. As a Unimundo account holder and a Member, you may not submit content to Unimundo, containing or of pornographic nature.
B. Adult Content is not allowed in any form; we want to keep a family type of atmosphere.
C. Pornographic materials; Media; Photos; Videos or articles in UBlogger and/or USocial are expressly prohibited. DO NOT upload pornography to Unimundo in any way or form.
D. Do not use UBlogger and/or USocial to promote pornography. UBlogger and USocial are designed to help you promote yourself and your video creations, not pornography. If you upload any pornographic media, photos, writings or otherwise we will take it down.
E. Unimundo does not guarantee any confidentiality with respect to any Content you submit.
F. Any media deemed or perceived as Adult Content will be removed without notice.
G. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and that you further license to Unimundo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
H. You retain all of your ownership rights in your Content.
I. By submitting Content to Unimundo, you grant Unimundo an irrevocable worldwide, non-exclusive, royalty-free, license and/or sub-license and a further transferable license to use, reproduce, distribute, prepare derivative works, display, profit, and perform the Content in connection with the Service and to any of Unimundo’s assigns, successors' and affiliates business, including without limitation for promoting and redistributing part or all of the Service and derivative works thereof in any media formats and through any media channels as well as other means available.
J. Royalty-free means that you will not be paid and/or receive any money or any other type of remuneration from Unimundo for your media and/or video uploaded to Unimundo. If you are seeking and/or attempting to make money and/or royalties from your video and/or media, you should not upload them to Unimundo; you should go elsewhere.
K. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
L. The above licenses granted by you in video and/or any other media content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Unimundo may retain, but not display, distribute, or perform, server copies of your video and/or any other media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
M. You further agree that you own the rights to the Content you submit to the Service and that such content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material and/or you are otherwise legally entitled to post the material and are able to grant Unimundo all of the license rights granted herein. You must become familiar and understand your rights and obligations under the Digital Millennium Copyright Act [DMCA]: http://unimundo.tv/dmca-unimundo.
N. You further agree that you will not submit to the Service any Content or other material that is contrary to the Unimundo Community Guidelines or contrary to applicable local, national, and international laws and regulations.
O. Unimundo does not endorse any Content submitted to the Service by any user or other licensors, or any opinion, recommendation, or advice expressed therein, and Unimundo expressly disclaims any and all liability in connection with any Content.
P. Unimundo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Unimundo will remove all Content if properly notified that such Content infringes on another intellectual property rights in strict accordance with the U.S. Copyright Act.
Q. Unimundo reserves the right to remove Content without prior notice.
7. Account Termination Policy
A. Unimundo will terminate a User's access to the Service under appropriate circumstances and/or the User is determined to be a repeat infringer.
B. Unimundo reserves the right to decide whether Content violates these Uploading Terms and the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, child pornography and/or excessive length.
C. Unimundo may at any time, without prior notice and in its sole discretion, remove any Content and/or terminate a user's account for submitting any material in violation of these Uploading Terms and/or the Terms of Service.
8. Digital Millennium Copyright Act ("DMCA")
A. Please, read and understand your rights and obligations under the DMCA before you file a claim: http://unimundo.tv/dmca-unimundo
C. Under the DMCA you must send a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 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 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.
G. If a counter-notice is received by the Copyright Agent, Unimundo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in Ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in Ten (10) to Fourteen (14) business days or more after receipt of the counter-notice, at Unimundo's sole discretion.
9. Warranty Disclaimer
A. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIMUNDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. UNIMUNDO 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. UNIMUNDO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPER-LINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNIMUNDO 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.
10. Limitation of Liability
A. IN NO EVENT SHALL UNIMUNDO, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT UNIMUNDO SHALL NOT BE LIABLE FOR CONTENT 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.
C. You further agree under the penalty of perjury that the Media and/or Videos you may upload to Unimundo are original productions and that you either owned them and/or that you have the legal right necessary to upload it.
D. The Service is controlled and offered by Unimundo from the United States of America. Unimundo makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
A. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Unimundo, 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 Service; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
A. You affirm under the penalty of perjury 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 Uploading Terms and the Terms of Service, and to abide by and comply with these Uploading Terms and the Terms of Service.
B. In any case, you affirm under the penalty of perjury that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13-years of age, you must not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
A. Under these Uploading Terms and the Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you the User, however, they may be assigned by Unimundo without restriction.
A. You agree that:
(1) The Service shall be deemed solely based in Ohio; and
(2) The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Unimundo, either specific or general, in jurisdictions other than the State of Ohio.
B. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles.
C. You further agree that any claim or dispute between you and Unimundo that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Cincinnati, Ohio.
D. These Terms of Service, together with the Privacy Notice and any other legal notices published by Unimundo on the Service, shall constitute the entire agreement between you and Unimundo concerning the Service. 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 this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Unimundo's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
E. Unimundo 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.
F. You agree that your use of the Service following and pursuant to these Uploading Terms and the Terms of Service as well as any amendment of these Uploading Terms and the Terms of Service will signify your agreement, assent and acceptance of these terms.
F. YOU AND UNIMUNDO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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