Your Acceptance of These Terms and Conditions

By visiting the Videocafé website (collectively, including all Content available through the Videocafé domain name, the "Videocafé Website", or "Website") and/or using or accessing Videocafé's service (the "Service") in any manner, and whether at the Videocafé website or through a third party website or other interface, you certify that (a) you are at least 18 years of age, (b) if you are providing access to the Service to any person who is under 13 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by Videocafé, and (c) you expressly agree to be bound by these terms and conditions of service (these "Terms"). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. Videocafé reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.

Videocafé Website Links

The Videocafé Website may contain/provide, or third parties may provide, links to other websites or resources. Videocafé has no control over such sites and resources and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Therefore, you acknowledge and agree that Videocafé is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that Videocafé shall have no responsibility or liability whatsoever 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 or through any such website or resource.

Content

You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Service by you or through your account, if any. You understand that Content may in some cases be viewed through third party websites or interfaces through which the Service is accessed and/or used and that Videocafé does not control such third party websites and interfaces. You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. Videocafé does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of any such Content. Videocafé will use commercially reasonable efforts to block or remove offensive or inappropriate Content discovered by or reported to Videocafé. However, Videocafé cannot and will not review all Content, and you understand that by using the Service, you may be exposed to Content that you find to be offensive. Under no circumstances will Videocafé be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Videocafé is under no obligation to pre-screen or otherwise review any Content, but also that Videocafé and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that Videocafé may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Videocafé, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

License to Content

Videocafé does not claim ownership of your Content posted, transmitted or otherwise made available by you via the Service. By submitting Content via the Service, and until such Content is removed, you grant Videocafé a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content solely for the purpose of providing the Service.

Intellectual Property Rights

You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of Videocafé, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by Videocafé or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to Videocafé may be disseminated or used by Videocafé or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by Videocafé's privacy policy. Further 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 Videocafé Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Videocafé Website or the Content therein

User Submissions

A. The Videocafé 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, Videocafé 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 Videocafé 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 Videocafé, you hereby grant Videocafé 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 Videocafé Website and Videocafé's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Videocafé Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Videocafé 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 Videocafé 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 Videocafé all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Videocafé 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. Videocafé does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Videocafé expressly disclaims any and all liability in connection with User Submissions. Videocafé does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Videocafé will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Videocafé reserves the right to remove Content and User Submissions without prior notice. Videocafé 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. Videocafé 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. Videocafé 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 to us at copyrights [at] Videocafé.net
E. You understand that when using the Videocafé Website, you will be exposed to User Submissions from a variety of sources, and that Videocafé 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 Videocafé with respect thereto, and agree to indemnify and hold Videocafé, 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. Videocafé permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Videocafé 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 Videocafé website on the pages containing the Embeddable Player. Videocafé reserves the right to discontinue any aspect of the Videocafé Website at any time.

Impression and Click Fraud

You shall not, and shall not authorize any party to generate automated, fraudulent or otherwise invalid impressions or clicks. If, in Videocafé's reasonable business judgment, activity related to your Account is suspected or determined to be so-called "click-fraud" or "impression fraud" (the illicit manipulation of advertising revenue), whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on a Site advertisements, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser clicking on an ad for the purpose of generating an improper click value and generating revenue, Videocafé may suspend or otherwise disable your Account until such time as the matter is resolved to Videocafé's satisfaction. You acknowledge that Videocafé, or a third-party designated by Videocafé, may use cookies to monitor visitor information in order to track suspicious clicks through source and behavior of the click traffic in accordance with the Privacy Policy. Videocafé retains the right not to credit your Account for those clicks that it reasonably determines or suspects are fraudulent.

Indemnification

You agree to defend, indemnify and hold harmless Videocafé, its affiliates, 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: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Videocafé EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) Videocafé WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Videocafé IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Videocafé DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Videocafé SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Videocafé HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

Ability to Accept Terms of Service

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 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 13, as the Videocafé Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Videocafé Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

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 Videocafé without restriction.