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Terms of Service

This Terms of Service Agreement sets forth the terms and conditions on which &, owned by YesVideo Inc., offers products and services to registered users (each a "Member") of the website &


1. Terms
The Terms of Service Agreement is comprised of (a) all terms and conditions set forth herein; (b) all operating rules and policies that are by published on the Site from time to time, (c) Legal Notices and Trademarks (d) Software Licensing Agreement and (e) the YesVideo Privacy Policy , each as modified from time to time. In light of the evolving nature of web-based offerings, YesVideo may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Terms of Service Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Terms of Service Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Terms of Service Agreement as amended.

2. The Service
The term "Service" includes all functionality made available by YesVideo on or through the Site. YesVideo may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Terms of Service Agreement.

3. Member's Privileges and Obligations
The Service is available only to individuals over the age of 18. The Service is not available to corporations or other business entities. In order to use the Service, you must activate the YesDVD software. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Terms of Service is intended for personal use only and is non-transferable. You are responsible for any activity that occurs under your user identification. You agree to immediately notify YesVideo of any unauthorized use of your user identification or another breach of security in relation to the Service. You may use the Service only for your personal, non-commercial use. You may not take the results from your use of the Service and link to them, or mirror pages from the Site on another website, or create links from other websites onto any area of the Site.

4. Price and Payment
Certain content, products or services on the Site, such as activating YesDVD software, are subject to charges and specific terms and conditions, which are explained in connection with such content and services. The Service and certain other content, product, services or information on the Site are presently available free of charge, exclusive of Internet or other telecommunications fees. YesVideo may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, functionality on the Site, or institute a fee. YesVideo shall not be liable to you or any third party for any such change.

5. Intellectual Property Rights
You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service.

6. Responsibility of Member
You represent and warrant that (a) you have the right to enter into this Terms of Service Agreement without any other approvals; (b) you have the right to use the unique YesDVD ID number; (c) the use by YesVideo of the rights that you grant YesVideo in this Terms of Service Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.

7. Code of Conduct
When using any area of the Site you agree not to post, send, transmit, upload, or otherwise publish any data, text, image, video, music, sound, audio file, text, or other content or material that:

(i) Contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate;
(ii) Is or might be perceived by YesVideo or YesVideo members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature and unacceptable language;
(iii) Is inconsistent with the values or the spirit of the YesVideo Community, as determined by YesVideo in its sole discretion;
(iv) Interferes with anyone else's use of this Site
(v) Contains links to your Member Private Area that promotes or does any of the above.

8. Illegal Activities
It is YesVideo's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

9. Warranty, Disclaimer of Warranty
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text, images, video, music, sound or audio files on the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise

YesVideo makes no representation or warranty of any kind

(a) that the Site or Service will meet your requirements;

(b) that defects in the software for the Service will be corrected;

(c) that the Service will be timely, secure, error free, uninterrupted;

(d) that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete;

(e) that Member Content or any material, data, text, images, video, music, sound, audio file, content or materials posted, displayed or stored on or through the Site will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely;

(f) as to the result that may be obtained from the use of the Service;

(g) that the Site or the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you access, browse, download from, upload to, or otherwise use the Service, the Site or any product or content on the Site

YesVideo expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service.

Some jurisdiction to not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Disclaimer of Damages; Limitation of Liability
Even if YesVideo, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to YesVideo's negligence), shall YesVideo be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and /or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:

(a) the quality, reliability, accuracy, completeness, of the Service;

(b) any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, alteration, loss of access, or damages of or to your Member Content, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Site or the Service;

(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service, Member Content or any content, products, services or information provided on the Site

(d) any failures, delays, misdeliveries, or interruptions in the Service or any content, products, services or information on the Site;

(e) any harm resulting from downloading or accessing any Member Content, or any other content, products, services or information provided on the Site;

(f) any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service; or

(g) the cost of procurement of any substitute goods or services.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and therefore, the above limitation may not apply to you. Some Members may have additional rights.

If, despite the above limitations, YesVideo were found responsible to a Member for any reason whatsoever, this liability will not exceed one hundred dollars ($100).

11. Privacy
It is YesVideo's policy to respect the privacy of all of its customers. For more information, please see our full privacy policy .

12. Site Content
Domestic and foreign copyright, trademark, patents and other intellectual property rights law and international treaties and other laws, protect all material, data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.

You may download or use individual images, photos, video, graphics, music, sound and audio files that are displayed in the Community Area of the Site only for personal non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any part of the Site Content in any format, electronic or otherwise.

13. Copyrighted Material
YesVideo respects the intellectual property of others and requires that its users and Members do the same.

You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.

YesVideo will promptly take down or block access to infringing or allegedly infringing material on its servers if YesVideo becomes aware that such material infringes the copyright rights of a third party, whether YesVideo identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party.

14. Indemnity
Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold YesVideo, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demand s and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service; (b) your violation of this Terms of Service Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content; or (f) your violation of this Terms of Service Agreement.

15. Force Majeure
YesVideo is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.

15. Termination of Service
If you object to any portion of this Terms of Service Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice YesVideo of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Terms of Service Agreement, or any dissatisfaction with the Service or the Site.

YesVideo reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason.

YesVideo reserves the right, in its sole discretion, to terminate your Terms of Service in the Site, or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion

Any termination under any provision of this Terms of Service Agreement may be effected without prior notice and YesVideo may immediately delete and discard all of your Member Content and /or bar any further access to such files on the Site or through the Service. Upon any termination of your Terms of Service, or of this Terms of Service Agreement, your right to use the Service will immediately cease. YesVideo will have no obligation thereafter to host or provide access to your Member Content, or to forward any materials stored through the Service or any unread or unsent messages. YesVideo may retain certain materials for administrative and other reasons.

16. Notices; Questions
All notices from a Member to YesVideo shall be in writing and shall be made or delivered to YesVideo via email or conventional mail.

If you have any question about the Service or this Terms of Service Agreement, please feel free to contact us at

17. Choice of Law
This Terms of Service Agreement shall be constructed and controlled by the laws of the State of California, excluding its conflict of law provisions. With the exception of YesVideo's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California.

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