ViralSnare.com, ViralSnare, (hereafter “ViralSnare”) contracts with copyright holders to give them an avenue to share and license their content with media outlets, TV shows, commercials, films and other com- mercial outlets that utilize viral-style video clips for their programming needs. ViralSnare brings content holders and the market of purchasers together so that video creators can be compensated for the licens- ing of their videos, and so industry professionals have a simple process for accessing the videos they need for programming. Subject to our Terms of Service, videos uploaded to ViralSnare are made available for licensing by industry professionals and in return content holders can be compensated for their videos. It is our goal to help owners of videos get compensated and for industry professionals to get the videos they need for their programming in an efficient and affordable manner.
These policies are applicable to the web site located at www.ViralSnare.com, the company ViralSnare, and each of their respective affiliates, parents, subsidiaries, licensees, and assigns (collectively hereinafter referred to, alternatively, as “ViralSnare,” the “Site,” “we,” “us,” “our” or similar identifying pronouns). Please read these Terms of Service carefully to ensure your legal use of the Site. They contain the legal terms and conditions that govern your use of the services provided to you by the Site and are a binding agreement with you. In using the Site, you affirm that you are at least 18 years of age, or an emancipated minor, or pos- sess legal parental or guardian consent, and you are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service.
The site and any Content available for licensing via the site or from ViralSnare are intended to be accessed and utilized by customers and registered users of ViralSnare. You are specifically prohibited from: (i) copy- ing or re-transmitting any portion or the entire Website; (ii) downloading and/or using any of the Content available from ViralSnare without a valid license agreement with ViralSnare or absent other agreements be- tween ViralSnare and Platform service customers; or (iii) manipulating or otherwise displaying the site or any Content available from the site or ViralSnare by using framing or other navigational technology. You are also prohibited from using any data mining, automated, robotic or similar data aggregation or ex- traction methods or technologies on or in connection with this site. Any unauthorized use of this site, the Platform, or any Content available from this site or ViralSnare may violate applicable copyright and trade- mark laws, right of privacy or right of publicity, and/or other proprietary rights and applicable federal, state and local laws, rules, orders or regulations, which shall entitle ViralSnare to take action against you, your employer or principal including, without limitation, seeking injunctive relief, as well as damages in the form of actual damages for loss of income, profits derived from the unauthorized use and, where appropri- ate, attorneys’ fees, other costs of collection, and/or statutory damages.
All sounds, music, video, text, software, user interfaces, visual interfaces, graphics, photographs, artwork, trademarks, logos, computer codes and other audio-visual material (collectively, “Content”) contained on the Site, including but not limited to the design, structure, coordination, selection, expression, and arrangement of such Content, is controlled, owned, or licensed by or to ViralSnare, as further set forth in these Terms of Service, and is protected by copyright, trademark and various other intellectual property and unfair competition laws.
ViralSnare.com, ViralSnare, its graphics, logos and service names are registered or otherwise protected trademarks or service marks (“Trademarks”). These Trademarks many not be used in connection with any product or service that is not owned or operated by ViralSnare or in any manner that is likely to cause con- fusion among customers or in any other manner that disparages or misrepresents ViralSnare. All other trademarks, branding, and logos not owned by ViralSnare that appear on this Site are the property of their respective owners who may or may not be affiliated with, sponsored by or connected to ViralSnare.
No part of the Site nor its Content may be used in any way, except as expressly provided in these Terms of Service, without ViralSnare’s express prior written consent, including without limitation the copying, pub- licly display, reproduction, republishing, posting, uploading, transmitting, or distributing in any method or manner to any other device, computer, web site or other platform or medium. The unauthorized copying and distribution (including without limitation downloading, uploading, file serving, file “swapping” or other similar activities) of any such Content or materials constitutes copyright infringement under the U.S. Copyright Act and international copyright laws, and ViralSnare and its third party licensors and affiliates will enforce such rights to the full extent of the law.
ViralSnare reserves the right to do any of the following, at any time, without notice: (1) modify, terminate, or suspend access to the Site, or any portion of the Site, for any reason; (2) modify or change any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site as necessary to perform routine or non-routine maintenance, error correction, technical updates or other changes.
You agree that all Content downloaded, viewed or accessed will be used only for informational and/or eval- uation purposes. You agree that you may be charged reasonable fees for downloading Content regardless of whether you actually license the Content. You agree there shall be no commercial exploitation or use, directly or indirectly, or any other unauthorized use of any Content available on this Site without an execut- ed license agreement between you and ViralSnare. In case of circumvention, you agree that a breach of these Terms of Service by you would cause ViralSnare irrevocable injury and damage that cannot be ade- quately compensated by damages in an action at law. You therefore agree that, without limiting Viral- Snare’s rights and remedies at law, including without limitation upon the right to seek damages for any such breach by you, ViralSnare shall further be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this agreement, without proof of actual damages. In addi- tion, you agree to indemnify and hold ViralSnare harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or resulting from your un- authorized use of any Content on the Site.
Your communications with, business dealings with, or participation in promotions of merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, con- ditions, warranties, or representations associated with such dealings, are solely between you and such mer- chant. You understand and agrees that any content downloaded or otherwise obtained through the use of this Site is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such content. We will not be responsi- ble or liable for any loss or damage of any sort incurred as the result of any such dealings, content down- loads or as the result of the presence of such merchants on the Site. You assume all risk of errors and/or omissions on the Site and any Third-Party Sites, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your require- ments for the accuracy and suitability of the Site and any Third-Party Sites, including the information con- tained therein, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site and any Third-Party Sites, and any information sent or received in connec- tion therewith, may not be secure and may be intercepted by unauthorized parties. You assume the responsibility for the entire cost of all necessary maintenance or repair of your computer system or other property.
In no event shall ViralSnare, its parent, affiliates or subsidiary companies or their respective directors, offi- cers, employees, agents, affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products and services advertised in or ob- tained through the Site, our removal or deletion of any materials or records submitted or posted on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or other- wise, even if ViralSnare or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that ViralSnare, its parent or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. While some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, you are consenting by these Terms of Service to personal jurisdiction in California.
These Terms of Service and any rights and licenses granted by you hereunder (including without limitation the Licensed Rights) may not be transferred or assigned by you, but may be assigned by ViralSnare without
You agree to defend, indemnify and hold harmless the Site, ViralSnare, its parent, affiliates or subsidiary companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) your access to or use of this Site; (ii) your violation of these Terms of Service (including without limitation the Licensed Rights or any License Agreement); (iii) your violation of any third party right, including without limitation any intellectual proper- ty right, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You agree that we may at any time and without notice, suspend or terminate your access to this Site if you fail to comply with these Terms of Service or applicable law.
ViralSnare does not permit copyright infringement on the Site and will remove any infringing content if we receive notice that such content infringes on another’s intellectual property rights. ViralSnare further reserves the right to terminate accounts or access to the Site in the case of repeat violators. If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copy- rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by provid- ing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* 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;
* The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;* Information reasonably sufficient to permit the service provider to con- tact 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.If you fail to comply with all of the requirements set forth herein, your DMCA notice may not be valid. Notice can be submitted to ViralSnare’s designated Copyright Agent at email@example.com. If you believe that your User Submissions which were removed (or to which access was disabled) is/are not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Submissions, you may send a counter-notice containing the fol- lowing information to the Copyright Agent:
* Identification of the content that has been removed or to which access has been disabled and the loca- tion at which the content appeared before it was removed or disabled;
* Your physical or electronic signature;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mis- take or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the person- al jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, ViralSnare may send a copy of the counter-notice to the original com- plaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provid- er, member or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ViralSnare’s sole discretion.
This Site contains some content that might be deemed unsuitable to minors. This Site is intended for a mature audience and parents who find any material on this site unsuitable for their children are encour- aged to utilize parental control services. Parental control protections (such as computer hardware, soft- ware, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
ViralSnare is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information con- tained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. Although this site may include links providing direct access to other Internet resources, including Websites, ViralSnare is not responsible for the accuracy or content of information contained in these sites. Links from ViralSnare to third-party sites do not constitute an endorse- ment by ViralSnare of the parties or their products and services. The appearance on the Web site of adver- tisements and product or service information does not constitute an endorsement by ViralSnare, and Viral- Snare has not investigated the claims made by any advertiser. Product information is based solely on mate- rial received from suppliers.
You also agree that ViralSnare may, in its sole discretion and without prior notice, suspend or terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice and will cause irreparable harm to ViralSnare for which monetary damages would be inadequate, and you consent to ViralSnare obtaining any injunctive or equitable relief that ViralSnare or its counsel deems necessary in such circumstances. These remedies are in addition to any other remedies ViralSnare may have at law or in equity.
If ViralSnare does take any legal action against you as a result of your violation of these Terms of Service, ViralSnare will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that ViralSnare will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service or as a result of technical problems or modifications to the Site or as otherwise required by law.