home HD video

Terms of Use

Glossary

  User (You)

  Home HD video (We)

1. User Acceptance

BY USING AND/OR VISITING OUR WEBSITE (collectively, including all Content available through the Home HD video.com domain name, the "Home HD video Website", or "Website"), USER SIGNIFY USER’S ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF HOME HD VIDEO'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.Home HD video.com/t/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If User do not agree to any of these terms, then please do not use the Home HD video Website.

2. Home HD video Website

These Terms of Service apply to all users of the Home HD video Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Home HD video Website may contain links to third party websites that are not owned or controlled by Home HD video. Home HD video has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Home HD video will not and cannot censor or edit the content of any third-party site. By using the Website, User expressly relieve Home HD video from any and all liability arising from User’s use of any third-party website. Accordingly, we encourage User to be aware when User leave the Home HD video Website and to read the terms and conditions and privacy policy of each other website that User visit.

3. Website Access

A. Home HD video hereby grants User permission to use the Website as set forth in this Terms of Service, provided that: (i) User’s use of the Website as permitted is solely for User’s personal, noncommercial use; (ii) User will not copy or distribute any part of the Website in any medium without Home HD video's prior written authorization; (iii) User 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) User will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, User will have to create an account. User may never use another's account without permission. When creating User’s account, User must provide accurate and complete information. User are solely responsible for the activity that occurs on User’s account, and User must keep User’s account password secure. User must notify Home HD video immediately of any breach of security or unauthorized use of User’s account. Although Home HD video will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of Home HD video or others due to such unauthorized use.

C. User 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 Home HD video 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, Home HD video 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. Home HD video reserves the right to revoke these exceptions either generally or in specific cases. User 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. User 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 Home HD video 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 Home HD video, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to User AS IS for User’s 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. Home HD video reserves all rights not expressly granted in and to the Website and the Content. User agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If User download or print a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agree not to circumvent, disable or otherwise interfere with security related features of the Home HD video Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Home HD video Website or the Content therein.

5. User Submissions

A. The Home HD video Website may now or in the future permit the submission of videos or other communications submitted by User and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. User understand that whether or not such User Submissions are published, Home HD video does not guarantee any confidentiality with respect to any submissions.

B. User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, User affirm, represent, and/or warrant that: (i) User own or have the necessary licenses, rights, consents, and permissions to use and authorize Home HD video 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) User 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, User retain all of User’s ownership rights in User’s User Submissions. However, by submitting the User Submissions to Home HD video, User hereby grant Home HD video 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 Home HD video Website and Home HD video's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Home HD video Website (and derivative works thereof) in any media formats and through any media channels. User also hereby grant each user of the Home HD video Website a non-exclusive license to access User’s 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 User terminates once User remove or delete a User Submission from the Home HD video Website.

C. In connection with User Submissions, User further agree that User 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 User are the owner of such rights or have permission from their rightful owner to post the material and to grant Home HD video all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Home HD video or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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. Home HD video does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Home HD video expressly disclaims any and all liability in connection with User Submissions. Home HD video does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Home HD video will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Home HD video reserves the right to remove Content and User Submissions without prior notice. Home HD video 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. Home HD video 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, pornography, obscene or defamatory material, or excessive length. Home HD video 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 User are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon User’s copyrights, User 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 User, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that User 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 User are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Home HD video's designated Copyright Agent to receive notifications of claimed infringement is by Feedback form on web Home HD video web site or through Email contact-us@homeHDvideo.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 Home HD video customer service through Feedback form on web Home HD video web site. User acknowledges that if User fails to comply with all of the requirements of this Section 5(D), User’s DMCA notice may not be valid.

E. User understand that when using the Home HD video Website, User will be exposed to User Submissions from a variety of sources, and that Home HD video is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. User further understand and acknowledge that User may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and User agree to waive, and hereby do waive, any legal or equitable rights or remedies User have or may have against Home HD video with respect thereto, and agree to indemnify and hold Home HD video, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to User’s use of the site.

F. Home HD video permits User to link to materials on the Website for personal, non-commercial purposes only. In addition, Home HD video provides an "Embeddable Player" feature, which User may incorporate into User’s own personal, non-commercial websites for use in accessing the materials on the Website, provided that User include a prominent link back to the Home HD video website on the pages containing the Embeddable Player. Home HD video reserves the right to discontinue any aspect of the Home HD video Website at any time.

6. Warranty Disclaimer

USER AGREE THAT USER’S USE OF THE HOME HD VIDEO WEBSITE SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOME HD VIDEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USER’S USE THEREOF. HOME HD VIDEO 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 USER’S 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 HOME HD VIDEO WEBSITE. HOME HD VIDEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOME HD VIDEO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOME HD VIDEO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL HOME HD VIDEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER 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 USER’S 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 USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HOME HD VIDEO 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.

USER SPECIFICALLY ACKNOWLEDGE THAT HOME HD VIDEO 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 USER.

The Website is controlled and offered by Home HD video from its facilities in the United States of America. Home HD video makes no representations that the Home HD video Website is appropriate or available for use in other locations. Those who access or use the Home HD video Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

User agree to defend, indemnify and hold harmless Home HD video, 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) User’s use of and access to the Home HD video Website; (ii) User’s violation of any term of these Terms of Service; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of User’s User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and User’s use of the Home HD video Website.

9. Ability to Accept Terms of Service

User affirm that User 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 of Service, and to abide by and comply with these Terms of Service. In any case, User affirms that User is over the age of 13, as the Home HD video Website is not intended for children under 13. If User is under 13 years of age, then please do not use the Home HD video Website—there are lots of other great web sites for User. Talk to User’s parents about what sites are appropriate for User.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Home HD video without restriction.

11. General

User agree that: (i) the Home HD video Website shall be deemed solely based in California; and (ii) the Home HD video Website shall be deemed a passive website that does not give rise to personal jurisdiction over Home HD video, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between User and Home HD video that arises in whole or in part from the Home HD video Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with any other legal notices published by Home HD video on the Website, shall constitute the entire agreement between User and Home HD video concerning the Home HD video 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 this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Home HD video's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Home HD video reserves the right to amend these Terms of Service at any time and without notice, and it is User’s responsibility to review these Terms of Service for any changes. User’s use of the Home HD video Website following any amendment of these Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND HOME HD VIDEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOME HD VIDEO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Additional

In accordance with these Terms of Service Administration of Home HD video Website reserves it sole rights to determine suitability of video and graphical content for the web site and right to delete from web site any content it finds not suitable.