GotchaVids.com

As of October, 2008

Welcome to GotchaVids where your prankster creativity can take shape on your own page. Please take the time to read this ENTIRE agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the GotchaVids site ("GotchaVids, "Site", "us", "our" or "we"). Please abide by this Agreement, because if you don't, it could lead to the termination of your GotchaVids account and/or may expose you to other liability.

To receive your own page from GotchaVids and use our Site you must agree to and follow the terms and conditions of service (the "TOS"). These GotchaVids TOS are meant to be used in conjunction with the GotchaVids Privacy Policy. Unless specifically mentioned, the following statements apply to all GotchaVids partners and affiliates.

1. What You Are Agreeing To.

A. GotchaVids provides its Site and its service to you, subject to these TOS. Your use of the Site lets us know that you accept these TOS. GotchaVids reserves the right, in its sole and absolute discretion, to change this TOS at any time. Changes will be put up on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. GotchaVids will strive to let our users know that changes to this TOS have been made, but is in no way obligated to do so. GotchaVids may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. GotchaVids hereby specifically disclaims responsibility for your failure to read any third party terms of service.

2. Who Can Use GotchaVids.

A. Those that are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction can use this Site. In no such case are you qualified for our services if you are under the age of 14. Void where prohibited.

B. In order to use the services, you must first agree to and accept the Terms. In other words, if you do not agree to our Terms, you cannot use the services. You can accept the Terms by i) clicking "Signup" when registering for a GotchaVids account or ii) by actually using GotchaVids. Once you use our services, GotchaVids will treat your use as acceptance of these Terms from that point forward.

3. Your Registration Data.

To use GotchaVids you agree to: (a) provide true, accurate, current and complete information about yourself as requested by GotchaVids's signup form and (b) maintain and promptly update your Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GotchaVids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GotchaVids has the right to suspend or terminate your account, remove your videos and refuse any and all current or future use of the Site (or any portion thereof).

4. A Description of Our Services.

GotchaVids provides functionality to give our users the tools to message, upload videos, and share videos on their own personalized page. GotchaVids manages and maintains the software and infrastructure of personalized and customized video channel portals for your and community use. You agree that in order to provide you this service and in order to keep it free, GotchaVids can place advertisements into any interface provided for by the GotchaVids software or the Site. This includes your profile page, and all GotchaVids created channels. Such advertisements are under GotchaVids's sole and absolute control and may not be removed for any reason.

5. Reservation of Rights.

GotchaVids reserves the right to manage the content on our home page and watch pages, including but not limited to "Most Recent," "Most Viewed," "Most Discussed," "Top Favorites," "Top Rated," and "Recently Featured" pages at our sole and exclusive discretion.

6. Ownership of Content / Limited License to GotchaVids.

A. We consider all content uploaded to GotchaVids servers the property of the person who uploaded it. Therefore, you should ONLY upload content that you have created, your own, you have a license from a third party to upload the specific content on the internet, or content that is in the public domain. This includes all elements contained in your content. Content includes, but is not limited to: texts, images (both moving and still), photographs, music, and sounds. You assume all risk and responsibility for determining whether the content uploaded meets with the requirements of this paragraph. This is your unique page. Be unique and use your own content, not only will it make your page personalized, but it will also keep you from breaking the law.

B. You hereby grant GotchaVids a limited, non-exclusive, perpetual, transferable, assignable, fully paid-up, royalty-free, worldwide license to encode, compress, convert, host, distribute, transfer, perform, reproduce, display, and otherwise exploit your content over the Site and to use such content for advertisement purposes as GotchaVids sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. Such license will apply to any form, media, or technology now known or hereafter developed. You represent and warrant that you are authorized to grant to GotchaVids all rights set forth in the preceding sentence. In order to revoke this license granted to GotchaVids, simply remove your content.

C. Subject to section 6(D), below, the foregoing license granted by you terminates as to a specific piece of Content once you remove or delete such Content from the GotchaVids Service.

D. By distributing or disseminating Content through the GotchaVids Service, you hereby grant to each User of the GotchaVids Service that is authorized to access your Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Content.

7. Other Prohibited Content.

A. You agree not to use the GotchaVids Service for any purposes other than to disseminate or receive original, appropriately licensed content, content that conforms with these TOS, and/or to access the GotchaVids Service as such services are offered by GotchaVids.

B. In exchange for your use of GotchaVids you also agree that you will not post offensive sexual content or attacks on other people or things that slander, defame, threaten, insult or harass another person, content that might identify another user without their permission, spamming material, unsolicited advertising, viruses or corrupt files, other content that GotchaVids deems, in its sole and absolute discretion, to be inappropriate for this Site.

C. GotchaVids is intended for use by a general audience including children as young as 14 years of age. Sexually explicit content is prohibited on this website. The traffic data and personal information of GotchaVids members who post sexually explicit material may be reported to law enforcement authorities for the unlawful transmission of sexually explicit material to minors.

D. GotchaVids reserves the right to investigate and take appropriate action against anyone who, in GotchaVids's sole discretion, violates this provision, including without limitation, removing the offending communication from the GotchaVids Site, terminating the Membership of such violators, and pursuing appropriate legal action. Prohibited Content on the Site includes, but is not limited to, Content that is:
(1) racist, hate or threatens physical harm of any kind against any group or individual;
(2) meant to harass another person;
(3) exploits sex in a violent manner;
(4) contains nudity;
(5) solicits personal information from anyone;
(6) provides personal information about another person;
(7) encourages others to break the law or engage in illegal activities;
(8) promotes unauthorized copying of another person's copyrighted work;
(9) involves the transmission of "junk mail," or spam.

E. You may not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GotchaVids Service account of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the GotchaVids Service, or perform any other similar fraudulent activity

F. By using the GotchaVids Service, you further agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials referenced in paragraph 19, below.

G. Solely you are responsible for your interactions with other GotchaVids users. GotchaVids has no obligation to monitor disputes between you and other users but reserves the right to do so. GotchaVids makes it possible for you to display your individuality through your own page; don't try to take away another person's enjoyment of their own unique page as well.

8. Other Prohibited Conduct That Interferes With the Site.

You may not:
(1) remove, circumvent, disable, damage or otherwise interfere with security-related features of the GotchaVids Service or Content, features that prevent or restrict use or copying of any content accessible through the GotchaVids Service, or features that enforce limitations on the use of the GotchaVids Service or Content;
(2) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GotchaVids Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(3) modify, adapt, translate or create derivative works based upon the GotchaVids Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(4) use any robot, spider, scraper, or other automated means to access the GotchaVids Service to aggregate or customize our features and our users' info, or for any other purpose or to bypass any measures GotchaVids may use to prevent or restrict access to the GotchaVids Service;
(5) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; or
(6) interfere with or disrupt the GotchaVids Service or servers or networks connected to the GotchaVids Service, or disobey any requirements, procedures, policies or regulations of networks connected to the GotchaVids Service.

9. Your Use of the Site / Our Limitation of Liabilty.

You agree to manage and maintain content on the system in a legal and respectful manner that follows this TOS. You further agree that GotchaVids is not liable for content uploaded and distributed by you. GotchaVids hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state copyright law, trademark law, patent or trade secret law, state privacy law and content that is otherwise libelous or defamatory. GotchaVids is not responsible for the conduct, whether online or offline, of any user of the GotchaVids services. In other words, if you break the law, it's your fault.

10. A Special Note to Parents.

While GotchaVids is not liable for any content that may be indecent or objectionable and its content is intended for users 14 years of age and older, GotchaVids encourages parents to monitor their children's use of the internet. It is up to parents to properly supervise their children's on-line activities. There are filtering tools and parental control software available on-line to assist parents with monitoring their children's on-line activity.

11. Our Cancellation Policy.

You are free to cancel your GotchaVids account at any time. Cancellation requests must be sent via email from the contact us page.

12. Our Termination of Service / Removal Policy.

We reserve the right to temporarily deactivate or permanently remove any GotchaVids account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse.

13. Another Limitation of Liability / Our Disclaimer of Warranties.

GotchaVids attempts to ensure that Service and the Site are available at all times. However, service is provided "as-is" and "as available" Neither GotchaVids nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with GotchaVids service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, GotchaVids makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.

14. Our Notice Display Policy / Third Party Advertisements.

?Any 'Powered by GotchaVids' messages at the bottom of GotchaVids pages and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears. Failure to comply with this provision will also constitute grounds for account deactivation.

15. Our Server Downtime Policy.

While GotchaVids attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.

16. Some Words about GotchaVids Interface and Functionality.

GotchaVids strives to create a reliable, powerful and easy to use interface. As such GotchaVids reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. GotchaVids will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that is in development, but is under no obligation to do so. Some changes may be made without your consent or notification.

17. Your User Account, Password and Security.

You should receive a password and account designation upon completing the GotchaVids's signup process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GotchaVids of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. GotchaVids cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Remember, this is your unique page, don't allow someone else the opportunity to tamper with your page and risk having GotchaVids remove your page.

18. Important Privacy Info.

Information that you provide at registration, as well as certain other information about you, is subject to the GotchaVids Privacy Policy.

19. What We Consider Our Intellectual Property.

GotchaVids and GotchaVids.com are the intellectual property of ARBBA, Inc. All rights are reserved.

Furthermore, the GotchaVids Service is owned and operated by GotchaVids. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the GotchaVids Service provided by GotchaVids (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on the GotchaVids Service are the property of GotchaVids or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GotchaVids or its affiliates and/or third-party licensors. Except as expressly authorized by GotchaVids, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
GotchaVids reserves all rights not expressly granted in this Terms of Service.

20. Indemnification.

YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GOTCHAVIDS.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST GOTCHAVIDS.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.

21. This is the Entire Agreement about These TOS.

This TOS constitutes the entire Agreement relating to the TOS only between you and GotchaVids with respect to use of the Site. However, there may be other agreements found throughout our site that your acceptance to is necessary for your continued use (i.e. Director Members, Terms of Use). This TOS supersedes any prior agreements, oral or written, between you and GotchaVids relating to the TOS. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on GotchaVids. You also may be subject to additional terms and conditions that may apply when you use affiliate or other GotchaVids services, third-party content or third-party software.

22. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.

23. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24. Section Titles.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. Report Violations.

Please report any violations of this TOS to GotchaVids using our contact us page.