New York Video Pages.com

Terms of Service

And user agreement


1. Your Acceptance


A. By using and/or visiting this website (collectively, including all content and functionality available through the New York Video Pages.com domain name, the "New York Video Pages Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)New York Video Pages's privacy notice, found at http://www.New York Video Pages.com/privacy and incorporated here by reference, If you do not agree to any of these terms, the New York Video Pages privacy notice, please do not use the New York Video Pages Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.New York Video Pages.com/terms). New York Video Pages may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. New York Video Pages Website

A. These Terms of Service apply to all users of the New York Video Pages Website, including users who are also contributors of video content, information, and other materials or services on the Website. The New York Video Pages Website includes all aspects of New York Video Pages, including but not limited to all products, software and services offered via the website such as the New York Video Pages channels, the New York Video Pages "Embeddable Player," the New York Video Pages "Uploader" and other applications.

B. The New York Video Pages Website may contain links to third party websites that are not owned or controlled by New York Video Pages. New York Video Pages has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, New York Video Pages will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve New York Video Pages from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the New York Video Pages Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. New York Video Pages Accounts

A. In order to activate a New York Video Pages, Web Page Account , you will have to prepay a setup fee to New York Video Pages.com. Upon receiving payment for your setup service, you will automatically be assigned a temporary a line insertion, "whick ever available at our discretion" in your keyword category page from 1-30, you must then provide us with your original video for a web video ad page.

B. Upon receiveing your intial $295 setup fee, you will be given the choice of the ads placement position, upon receipt of payment for your ads line position; which can be from line ad number 1-10 or 1-20, your webpage with your video becomes active. Line Position fees can be seen at NY Price List keep in mind from time to time our pricing and service changes, New York Video Pages.com reserves the right to change offers at anytime.

B. You have Two weeks to provide us with your video. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify New York Video Pages immediately of any breach of security or unauthorized use of your account.

C. Although New York Video Pages will not be liable for your losses caused by any unauthorized use of your account or web video page, or by not providing your video on time, the initial setup fee transaction will remain in force and is non refundable . In other words there are no refunds for not providing your video on time and or not paying for a line placemtent fee on time. You may be liable for the losses of New York Video Pages for the page setup fee if you did not reserve your line placement fee and your line insertion may be removed if video and line insertion fee is not received in two weeks from the initial setup transaction fee.To avoid this make payment and send us your video on time.

4. General Use of the Website—Permissions and Restrictions

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

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without New York Video Pages's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to New York Video Pages's Embeddable Player or any of its related technologies.

C. You agree not to access User Submissions (defined below) or New York Video Pages Content through any technology or means other than the video playback pages of the Website itself, the New York Video Pages Embeddable Player, or other explicitly authorized means New York Video Pages may designate.

D. You agree not to use the Website, including the New York Video Pages Embeddable Player for any commercial use, without the prior written authorization of New York Video Pages. Prohibited commercial uses include any of the following actions taken without New York Video Pages's express approval:
sale of access to the Website or its related services (such as the Embeddable Player) on another website;

E. Prohibited commercial uses do not include:

F. If you use the New York Video Pages Embeddable Player on your website, you must include a prominent link back to the New York Video Pages website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

G. If you use the New York Video Pages Uploader, you agree that it may automatically download and install updates from time to time from New York Video Pages. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit New York Video Pages to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the New York Video Pages servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, New York Video Pages grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. New York Video Pages reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, New York Video Pages, and all applicable local, national, and international laws and regulations.

J. New York Video Pages reserves the right to discontinue any aspect of the New York Video Pages Website at any time.

5. Your Use of Content on the Site

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

A. The content on the New York Video Pages Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to New York Video Pages, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. New York Video Pages reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the New York Video Pages Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by New York Video Pages on the New York Video Pages Website for that User Submission.

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the New York Video Pages Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the New York Video Pages Website or otherwise as prohibited under this Agreement.

D. You may access New York Video Pages Content, User Submissions and other content only as permitted under this Agreement. New York Video Pages reserves all rights not expressly granted in and to the New York Video Pages Content and the New York Video Pages Website.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the New York Video Pages Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the New York Video Pages Website or the Content therein.

G. You understand that when using the New York Video Pages Website, you will be exposed to User Submissions from a variety of sources, and that New York Video Pages is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against New York Video Pages with respect there to, and agree to indemnify and hold New York Video Pages, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

A. As a New York Video Pages account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, New York Video Pages does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize New York Video Pages to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to New York Video Pages, you hereby grant New York Video Pages a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the New York Video Pages Website and New York Video Pages's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the New York Video Pages Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the New York Video Pages Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the New York Video Pages Website. You understand and agree, however, that New York Video Pages may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant New York Video Pages all of the license rights granted herein.

E. New York Video Pages does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and New York Video Pages expressly disclaims any and all liability in connection with User Submissions. New York Video Pages does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and New York Video Pages will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. New York Video Pages reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. New York Video Pages will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. New York Video Pages reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. New York Video Pages may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
C. New York Video Pages will terminate an account for failure to make agreed monthly payments via exclusive PayPal account payments, or for video page ad hits in excess of more than 100 hits per day.

You may be liable for the losses of New York Video Pages for the setup fee if you did not reserve your line placement fee on time, your setup fee is non refundable and your line insertion may be removed if video and line insertion fee is not received in two weeks from the initial setup transaction fee. To avoid this make payment and send us your video on time.

 

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NEW YORK VIDEO PAGES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW YORK VIDEO PAGES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEW YORK VIDEO PAGES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEW YORK VIDEO PAGES WEBSITE. NEW YORK VIDEO PAGES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NEW YORK VIDEO PAGES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEW YORK VIDEO PAGES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL NEW YORK VIDEO PAGES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEW YORK VIDEO PAGES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEW YORK VIDEO PAGES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by New York Video Pages from its facilities in the United States of America. New York Video Pages makes no representations that the New York Video Pages Website is appropriate or available for use in other locations. Those who access or use the New York Video Pages Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless New York Video Pages, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the New York Video Pages Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the New York Video Pages Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the New York Video Pages Website is not intended for children under 13. If you are under 13 years of age, then please do not use the New York Video Pages Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by New York Video Pages without restriction.

13. General

You agree that: (i) the New York Video Pages Website shall be deemed solely based in Nevada; and (ii) the New York Video Pages Website shall be deemed a passive website that does not give rise to personal jurisdiction over New York Video Pages, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and New York Video Pages that arises in whole or in part from your use of the New York Video Pages Website shall be decided exclusively by a court of competent jurisdiction located in Reno County, Nevada. These Terms of Service, together with the Privacy Notice at http://www.New York Video Pages.com/privacy and any other legal notices published by New York Video Pages on the Website, shall constitute the entire agreement between you and New York Video Pages concerning the New York Video Pages Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and New York Video Pages's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. New York Video Pages reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the New York Video Pages Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NEW YORK VIDEO PAGES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NEW YORK VIDEO PAGES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

© New York Video Pages.com 2009