Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on the videobash.com website in a way that constitutes copyright infringement, please notify our Copyright Agent (identified below) in writing, and include the following:
- Your physical or electronic signature, as the owner of an exclusive right that is allegedly infringed or as a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at our site are covered by a single notification, a representative list of such works.
- 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 us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or email address.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or a person authorized to act on the owner's behalf.
Such notices should be sent to our Copyright Agent at the following address:
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the videobash.com offices may be found, and that you will accept service of process from the person who provided notification of copyright infringement, or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
Clayden Holdings Limited (hereinafter referred to as "VideoBash") recognizes that its customers, visitors, users, and others who use www.videobash.com or other web Website owned or operated by VideoBash (the "VideoBash Website") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the VideoBash Website. VideoBash provides this Privacy Notice to help you make an informed decision about whether to use or continue using the VideoBash Website.
Please note that any video, image, or other content posted at the direction of Users onto the VideoBash Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information VideoBash Collects
- User Provided Information: You provide certain personally identifiable information (such as your name and email address) to VideoBash when choosing to participate in various activities on the VideoBash Website such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
- Cookies Information: When you visit the VideoBash Website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. VideoBash uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the VideoBash Website may not function properly if the ability to accept cookies is disabled.
- Log File Information: When you use the VideoBash Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Clear GIFs Information: When you use the VideoBash Website, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way VideoBash Uses Information
- If you submit personally identifiable information to us through the VideoBash Website, then we use your personal information to operate, maintain, and provide to you the features and functionality of the VideoBash Website.
- Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the VideoBash Website and other Users can contact you through messages and comments. Any videos that you submit to the VideoBash Website may be redistributed through the internet and other media channels, and may be viewed by the general public.
- We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major VideoBash Site changes or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the VideoBash Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When VideoBash Discloses Information
- We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
- We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the VideoBash Website.
- We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact VideoBash with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices by emailing
Third-party Advertisers, Links to Other Website
VideoBash does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks VideoBash to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the VideoBash Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Our Commitment To Data Security
VideoBash uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to VideoBash and you do so at your own risk. Once we receive your transmission of information, VideoBash makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If VideoBash learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. VideoBash may post a notice on the VideoBash Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, VideoBash does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the VideoBash Website from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the VideoBash Website at any time or in any manner. If VideoBash learns that personally identifiable information of persons under 13 years of age has been collected on the VideoBash Website without verified parental consent, then VideoBash will take the appropriate steps to delete this information.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that VideoBash is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the VideoBash Website constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Please contact VideoBash with any questions or comments about this Privacy Notice at
Terms & Conditions
TERMS AND CONDITIONS VIDEOBASH.COM
These Terms and Conditions (the "Agreement") is entered into by you and Clayden Holdings Limited a Cyprus corporation, doing business as "Videobash.com" (hereinafter referred to as "Videobash.com").
Authority By accessing, subscribing, downloading and/or otherwise using the VideoBash technology, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of that may be published within the VideoBash technology or the Website. If the person accessing, subscribing and/or otherwise using the VideoBash technology is under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the VideoBash technology, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the VideoBash technology for any "R Rated" portion of the Website as described on the Website by VideoBash, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the VideoBash technology for any "R Rated" portion of the Website as described on the Website by VideoBash, you certify that you are at least eighteen (18) years of age.
Intellectual PropertyThe VideoBash technology is owned and operated by videobash.com and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2006 Clayden Holdings Limited. All rights reserved. The compilation and arrangement of all content, data and other information found within the VideoBash technology are also the sole and exclusive property of videobash.com and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the VideoBash technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to videobash.com and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the VideoBash Technology Subject to the terms and conditions set forth herein and any third party restrictions, videobash.com grants you a revocable, non-transferable, non-exclusive and non-sub licensable limited right and license to view, use and access the VideoBash technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Videobash.com for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the VideoBash technology; provided you retain all Videobash.com copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by Videobash.com and Videobash.com disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the VideoBash technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the VideoBash technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the VideoBash technology, or any part thereof, including, but not limited to, using any part of the VideoBash technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the VideoBash technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Videobash.com, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use VideoBash technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using VideoBash technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the VideoBash technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the VideoBash technology or servers or networks connected to the VideoBash technology, or disobey any requirements, procedures, policies or regulations of networks connected to the VideoBash technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the VideoBash technology by any means other than through the means that is provided by Videobash.com for use in accessing the VideoBash technology.
By posting information or other materials on the Website or within the VideoBash technology or by making such information available for downloading by you, Videobash.com does not waive any proprietary right in and to the VideoBash technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the VideoBash technology except for the limited license expressly granted herein.
Submissions Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Videobash.com through the VideoBash technology (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to Videobash.com, you hereby grant Videobash.com and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the VideoBash technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the Videobash.com on the Website and/or in this Agreement.
By making a Submission, you waive the right to make any claim against Videobash or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Videobash or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the VideoBash technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Videobash.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
User's Grant of Limited License By posting or submitting content to this site, you:
- Grant VideoBash.com and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by VideoBash.com will not infringe or violate the rights of any third party.
Participation Disclaimer Videobash.com does not and cannot review all Submissions posted to or created by users accessing the VideoBash technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the VideoBash technology (including, but not limited to, the Website), Videobash.com is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Videobash.com reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Videobash.com in its sole discretion.
Trademarks Any and all trademarks displayed within the VideoBash technology are owned by Videobash.com, its licensors or its affiliates, or are the property of third parties (in which case Videobash.com makes no claim of ownership rights therein).
Confidentiality At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Videobash.com. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Videobash.com or its licensors, including, but not limited to, all parts of the VideoBash technology and any other materials or information related to the business or activities of Videobash.com that are not generally known to others engaged in similar businesses or activities.
Warranty Disclaimer YOU ACCESS AND USE THE VIDEOBASH TECHNOLOGY AT YOUR SOLE RISK. THE VIDEOBASH TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIDEOBASH.COM and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. Without limiting the foregoing, Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (a) the VideoBash technology will be uninterrupted, timely, secure or error-free, (b) the defects in the VideoBash technology will be corrected, (c) the VideoBash technology or the servers that operate the VideoBash technology are free of viruses or other harmful components, (d) the data, results and information within the VideoBash technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the VideoBash technology will meet your needs, requirements or expectations.
Videobash.com may make changes to the content within the VideoBash technology or to the products or services described in it, at any time without notice to you. Further, Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the VideoBash technology. The materials in the VideoBash technology may be out of date or inaccurate, and Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the VideoBash technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.
You acknowledge and agree that Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Videobash.com. You acknowledge and agree that Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the VideoBash technology provided by any other user of the Website or any third party licensors or suppliers of Videobash.com.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the VideoBash technology, and no warranties shall apply after such period.
Limitation of Liability NEITHER VIDEOBASH.COM, its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers, shareholders, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE VIDEOBASH TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE VIDEOBASH TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE VIDEOBASH TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE VIDEOBASH TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE VIDEOBASH TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE VIDEOBASH TECHNOLOGY WHETHER OR NOT VIDEOBASH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL VIDEOBASH.COM' and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO VIDEOBASH.COM FOR ACCESS AND USE OF THE VIDEOBASH TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE VIDEOBASH TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the VideoBash Technology You shall be responsible for obtaining access to the VideoBash technology and for all equipment necessary to access the VideoBash technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the VideoBash technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations You may be asked to register as a member on certain pages or services within the VideoBash technology and to select a unique username and password in order to be able to access your account and use any of the VideoBash technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Videobash.com in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to
Security The VideoBash technology resides on the public internet. Videobash.com uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Videobash.com and information stored on servers controlled by Videobash.com. Notwithstanding these efforts, Videobash.com cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the VideoBash technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the VideoBash technology, overloading, "flooding," "mailbombing" or "crashing" the VideoBash technology. Violations of system or network security may result in civil or criminal liability.
Videobash.com reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Applicable Laws Subject to the terms and conditions set forth herein, you may use the VideoBash technology only for lawful purposes. The VideoBash technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the VideoBash technology and to your Submission.
Indemnification You agree to indemnify, defend, and hold harmless Videobash.com, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the VideoBash technology; and (d) any use of your Submission by Videobash.com or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the VideoBash technology.
Termination You agree that Videobash.com, at its sole discretion, may terminate or suspend your access to and use of the VideoBash technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Videobash.com believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Videobash.com reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the VideoBash technology (or any part thereof) without notice. You agree that Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the VideoBash technology. Your obligations under this Agreement shall continue even after Videobash.com has terminated and/or cancelled this Agreement or your access to the VideoBash technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Videobash.com for use of your Submission.
Resale Prohibited Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Videobash.com reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications The VideoBash technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the VideoBash technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the VideoBash technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content The Website is intended for residents of the United States and is operated in the State of New York, United States of America. Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the VideoBash technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the VideoBash technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the VideoBash technology, you may not view or use the VideoBash technology.
Jurisdiction This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the VideoBash technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over Videobash.com or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive Jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Videobash.com Intellectual Property Notice Videobash.com has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website. Videobash.com respects the intellectual property of others, and asks our users to do the same. Videobash.com will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Videobash.com' IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the "Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
- a specific description of where the material that you claim has been infringed is located in the VideoBash technology sufficient to permit Videobash.com to locate the material;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
- a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Videobash.com' IP Agent with the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the "Counter Notice"):
- a physical or electronic signature of the subscriber of the VideoBash technology;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that Videobash.com may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Videobash.com will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
Videobash.com' IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at
Order of Preference This Agreement governs your use and access to the VideoBash technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Videobash.com. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the VideoBash technology, conflicts with any provision of your other agreements with Videobash.com, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
Revisions and Consents Videobash.com reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Videobash.com also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the VideoBash technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the VideoBash technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
18 U.S.C. Section 2257 Compliance Notice All pictures, graphics, videos or other visual media displayed on the Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of the Website are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.
Entire Agreement This Agreement constitutes the entire agreement between you and Videobash.com with respect to the subject matter addressed herein, and governs your access to and use of the VideoBash technology, superseding any prior agreements between you and Videobash.com relating to such subject matter, but this Agreement may be supplemented by any other written agreement you enter into with Videobash.com pursuant to your enrollment and/or participation in other features of the VideoBash technology.
Electronic Delivery Policy and Your Consent By using the VideoBash technology, you consent to receive from Videobash.com all communications including notices, agreements, legally required disclosures or other information in connection with the VideoBash technology (collectively, "Contract Notices") electronically. Videobash.com may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the VideoBash technology.
General Provisions Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Videobash.com' or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders' failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Videobash.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Videobash.com. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.