TERMS OF SERVICE

1. You accept the following

  1. By using and/or visiting this website (collectively, including all content and functionality available through the videomood.com domain name, the "VideoMood Website", or "Website"), you signify your agreement to these terms and conditions.

2. Privacy Notice

Personal Information

  1. Browsing VideoMood. You can watch videos on VideoMood without having a VideoMood Account. You also can contact us through the by emailing us directly without having to register for an account.
  2. Your VideoMood Account. For some activities on VideoMood, like uploading videos, posting comments, you need a VideoMood Account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access. Additional contact information is required from you in case you win some of our video contest cycles and we need to contact you so we can deliver the prize to you.
  3. Usage Information. When you use VideoMood, we may record information about your usage of the site, such as the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in VideoMood (including UI elements, settings). If you are logged in, we may associate that information with your VideoMood Account.
  4. Content Uploaded to our website. Any personal information or video content that you voluntarily disclose online (e.g., video comments, your uploaded videos) may be collected and viewed by others. This is done for the purposes of the video contest you participate in.

Uses

  1. If you submit personal information to VideoMood, we may use that information to communicate with you if such need has aroused.
  2. We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major VideoMood changes or to inform you that you have won the video contest, or to ask you if you would like to state your cause with the means of additional video in the last stage of the video contest.
  3. We use cookies and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit VideoMood; (b) provide custom, personalized content and information;
  4. We do not store any information about your credit or debit card that you use to upload and include your videos in the video contest.

Information That is Publicly Available

  1. When you create a VideoMood Account, some information about your VideoMood Account and your account activity will be provided to other users of VideoMood.
  2. Your VideoMood Account name, not your email address, is displayed to other users when you publish your videos in the video contest of VideoMood.
  3. Any videos that you submit to VideoMood may be redistributed through the internet and other media channels, and may be viewed by other VideoMood users or the general public.

Your Choices

  1. If you have a VideoMood Account, you may update or correct your personal profile information, email preferences at any time by visiting your account profile page.

Promoting in VideoMood website

  1. You may promote your videos on other video’s pages (uploaded by other users) in order to gain more views which is important factor for winning the video contest of VideoMood.
  2. That mechanism of promoting is explained in FAQ section of VideoMood website and is subject of additional charge of virtual credits on your behalf. The virtual credits are obtained through the means of credit card payment on our secure server and the virtual credits are used only for the purposes of the video contest and are not refundable.
  3. Other third-party ad serving companies may display ads on VideoMood, provided they will not affect your chances to win the video contest of VideoMood.

3. VideoMood Website and Applications

  1. These Terms of Service apply to all users of the VideoMood Website, including users who are also contributors of video content, information, and other materials or services on the Website. The VideoMood Website includes all aspects of VideoMood, including but not limited to all products, software and services offered via the website such as the VideoMood video contest system, the VideoMood "Embeddable Player," the VideoMood "Uploader" and other applications.
  2. The VideoMood Website may contain links to third party websites that are not owned or controlled by VideoMood. VideoMood has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VideoMood will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve VideoMood from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the VideoMood Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. VideoMood User Accounts

  1. In order to access some features of the Website and especially to participate in the video contest on monthly basis, you will have to create a VideoMood account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VideoMood immediately of any breach of security or unauthorized use of your account.
  2. Although VideoMood will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VideoMood or others due to such unauthorized use.

5. The Use of the Website — guidelines

VideoMood hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to reproduce in any medium any part of the Website, including but not limited to User Submissions (defined below), without VideoMood 's prior written authorization.
  2. You agree not to alter or modify any part of the Website, including but not limited to VideoMood 's Embeddable Player or any of its related technologies.
  3. You agree not to access User Submissions (defined below) or VideoMood Content through any technology or means other than the video playback pages of the Website itself, the VideoMood Embeddable Player, or other explicitly authorized means VideoMood may designate.
  4. You agree not to use the Website, including the VideoMood Embeddable Player for any commercial use, without the prior written authorization of VideoMood. Prohibited commercial uses include any of the following actions taken without VideoMood 's express approval:
    1. sale of access to the Website or its related services (such as the Embeddable Player) on another website;
    2. use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    3. the sale of advertising, on the VideoMood website or any third-party website, targeted to the content of specific User Submissions or VideoMood content;
    4. and any use of the Website or its related services (such as the Embeddable player) that VideoMood finds, in its sole discretion, to use VideoMood 's resources or User Submissions with the effect of competing with or displacing the market for VideoMood, VideoMood content, or its User Submissions.
  5. Prohibited commercial uses do not include:
    1. uploading a video to VideoMood for the purposes of the video contest;
    2. using the Embeddable Player or the link to your video page to show VideoMood videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with VideoMood;
    3. any use that VideoMood expressly authorizes in writing.
  1. If you use the VideoMood Uploader, you agree that it is going to transfer a video material from your computer or from the computer you choose to our server and the video will be served for viewing for as many times as it is going to be active in the video contest.
  2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the VideoMood server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to try to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
  3. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, VideoMood Guidelines, and all applicable local, national, and international laws and regulations.
  4. VideoMood reserves the right to discontinue any aspect of the VideoMood Website at any time.

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the VideoMood Website.

  1. The content on the VideoMood Website, except all User Submissions for the video contest (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 VideoMood, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. VideoMood reserves all rights not expressly granted in and to the Website and the Content.
  2. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the VideoMood Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the VideoMood Website or otherwise as prohibited under this Agreement.
  3. You may access VideoMood Content, User Submissions and other content only as permitted under this Agreement. VideoMood reserves all rights not expressly granted in and to the VideoMood Content and the VideoMood Website.
  4. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein (for the purposes of the video contest), including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any other commercial purposes.
  5. You agree not to circumvent, disable or otherwise interfere with security-related features of the VideoMood Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VideoMood Website or the Content therein.
  6. You understand that when using the VideoMood Website, you will be exposed to User Submissions from a variety of sources, and that VideoMood 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 VideoMood with respect thereto, and agree to indemnify and hold VideoMood, 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.

7. Your User Submissions and Conduct

  1. As a VideoMood account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, VideoMood does not guarantee any confidentiality with respect to any User Submissions.
  2. 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize VideoMood 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.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to VideoMood, you hereby grant VideoMood 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 VideoMood Website and contest and VideoMood 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the VideoMood Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the VideoMood Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the VideoMood Website or if your videos and comments are removed, because they are not included in the next video contest cycle. You understand and agree, however, that VideoMood may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. In connection with User Submissions, you further agree that you will not 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 VideoMood all of the license rights granted herein.
  5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the VideoMood Guidelines.
  6. VideoMood does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VideoMood expressly disclaims any and all liability in connection with User Submissions. VideoMood does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and VideoMood will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. VideoMood reserves the right to remove Content and User Submissions without prior notice and returning only the virtual credits spent by the user to upload and activate video in the video contest for the actual contest stage or period.

8. Account Termination Policy

  1. VideoMood will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. VideoMood 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, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. VideoMood 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.

9. Digital Millennium Copyright Act

  1. 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 inform us at copyright@videomood.com, providing us with the following details:
    • 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.

10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VIDEOMOOD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIDEOMOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIDEOMOOD 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDEOMOOD WEBSITE. VIDEOMOOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDEOMOOD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIDEOMOOD 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.
11. Limitation of Liability
IN NO EVENT SHALL VIDEOMOOD, 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDEOMOOD WEBSITE, 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT VIDEOMOOD 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 YOU.
The Website is controlled and offered by Saganet Ltd. from its facilities in the Republic of Bulgaria. VideoMood makes no representations that the VideoMood Website is appropriate or available for use in other locations. Those who access or use the VideoMood Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
You agree to defend, indemnify and hold harmless VideoMood, 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 VideoMood Website; (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 one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VideoMood Website.
13. 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 VideoMood Website is not intended for children under 13. If you are under 13 years of age, then please do not use the VideoMood Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
14. 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 VideoMood without restriction.
15. General
You agree that: (i) the VideoMood Website shall be deemed solely based at the servers hired form Saganet Ltd; and (ii) the VideoMood Website shall be deemed a passive website that does not give rise to personal jurisdiction over Saganet Ltd, either specific or general, in jurisdictions other than Republic of Bulgaria form where it is controlled. These Terms of Service shall be governed by the internal substantive laws of the Republic of Bulgaria, without respect to its conflict of laws principles. Any claim or dispute between you and Saganet Ltd. that arises in whole or in part from your use of the VideoMood Website shall be decided exclusively by a court of competent jurisdiction located in Sofia, Bulgaria. These Terms of Service, together with the Privacy Notice text included above and any other legal notices published by Saganet Ltd. on the Website, shall constitute the entire agreement between you and Saganet Ltd. concerning the VideoMood 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 Saganet Ltd.'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Saganet Ltd. 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. Your use of the VideoMood Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SAGANET LTD. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIDEOMOOD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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