Terms of Use

Videoter.com (referred to as “Videoter”) provides the http://videoter.com website, and its associated services and content (collectively referred to as the “Website”). By accessing this website, you agree that you have read, comprehend, and agree to be bound by this Terms of Use Agreement.

Videoter provides the Website as a service to its users. By accessing the Website, you agree that Videoter will not be held liable for any services that are provided by third parties not owned or operated by Videoter.

  1. Usage: You may use this website solely for personal, non-commercial purposes and subject to these Terms of Use, and all applicable laws, rules, regulations, and agreements or terms to which you may be subject by any third party. Use of the Website outside of the uses explicitly allowed in this agreement is prohibited.
  2. Contributions: Videoter may provide you with an opportunity to share and upload content, such as videos and editorials. Collectively any submission by you to Videoter is referred to as a “Contribution.” You hereby grant Videoter the perpetual, irrevocable license and right to use, re-publish, copy, redact, sell, pass, perform, and distribute your contribution, including any intellectual properly contained therein, and in any medium now known or hereafter developed without payment or compensation and without seeking further approval from you. You warrant that such contributions do not violate or infringe upon the rights of third parties, including but not limited to privacy right, copyright, or other personal or proprietary rights. You also warrant that your contributions will not contain any defamatory or unlawful material. You agree to hold Videoter harmless for any damage to, corruption of, or loss of contributions made by you to Videoter.
  3. Comments Policy: Videoter expects all users to be respectful of others. The list below comprises a list of examples, not intended to be exhaustive, of comments we consider unacceptable. Without limitation, you agree that you will not post to Videoter or transmit to other users any comments that:- Are Considered defamatory, libelous, abusive, or offensive.- Infringe upon another party’s intellectual property rights (including but not limited to music, video, photos, or other materials to which you do not have written authority from the owner to post on Videoter).- Violate any party’s right of publicity, right to confidentially, or right to privacy.- Is illegal, or promotes illegal activities.- Contains the personal information of any other party, such as phone numbers, addresses, etc.- Links to software viruses or any other computer code (whether designed with intent or otherise) with the potential to cause interruption, disruption, or otherwise limit the functionality of computer equipment.

    – Contain Spam.

    Videoter is under no obligation to screen or monitor user comments, but may review comments occasionally at its sole discretion. The publisher will make all determinations as to which comments are inappropriate for the Website at its own discretion. If you notice any violation of this comments policy or other unacceptable behavior by users please Contact Us. You are solely responsible for the comments that you post on Videoter or transmit to other users, and agree that you will not hold Videoter responsible or liable for any comments made by other users that you access on Videoter.
    Content: You understand that when using Videoter, you will be exposed to content from a variety of sources, and that Videoter is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use Videoter. You may not use spiders, robots, data mining techniques or technologies or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content published on Videoter, or the content available on Videoter. Further, you may not use any such automated means to manipulate Videoter or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, Videoter to any third party.

  4. Privacy: You agree to be bound by Videoter’s Privacy Policy. Videoter’s Privacy Policy is incorporated into this agreement. Videoter may utilize the services of third party advertisement services and web analytic services. The vendors of these services are carefully selected by Videoter, however third party advertisers, ad servers, and analytic services may use technology such as cookies or web beacons when they advertise or collect usage data on the Website. Such technology may send information use as your IP address and the type of browser you are using to their third party servers; however, they will not collect any personally identifiable information about you. If you do not want information collected through the use of cookies, you can instruct your browser to block cookies. The advertising vendor for the Website is engaged in online behavioral advertising, as defined by the FTC. You can opt out of behavioral advertising on the FTC’s Network Advertising Initiative website.
  5. Copyright: Videoter handles all notices of copyright infringement in accordance with its Copyright Policy and the provisions of the Digital Millennium Copyright Act (DMCA). Videoter’s Copyright Policy is incorporated into this Terms of Use agreement. Videoter is under no obligation to, and does not, scan content used in connection of the Website for inclusion of illegal or impermissible content. Videoter respects third party copyright interests, so it is our policy to disallow materials known by us to infringe on relevant copyright to remain on the Website. It is also our policy to terminate relationships regarding content and contributions with third parties who repeatedly infringe on the copyrights of others. If you believe any materials on the Website infringe upon your rights as a copyright holder, you should provide us with written notice using the information contained on the Videoter Copyright Page. All DMCA and copyright notices should adhere to the guidelines outlined on the Videoter copyright page in order to constitute valid submission of notice. Copyright claims made against Videoter are handled by a third party copyright agent. If you fail to adhere to the guidelines outlined on the Videoter copyright page and the relevant notice clauses of the DMCA, the third party copyright agent is under no obligation to offer a reply to any notice it deems invalid.
  6. Our Proprietary Rights: Videoter or its licencors are the exclusive owners of all software, graphics, designs, editorials, scripts, software, sounds, music, interactivity and the like, and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with Videoter. You agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. You may not make commercial use of the Website without the explicit written consent of the Videoter. Videoter also reserves all rights not explicitly granted under these Terms of Use.
  7. No Warranties: Videoter, including all content or contributions made available or accessed through the Website is provided ‘AS IS’. Videoter makes no representations or warranties of any kind whatsoever for the content on Videoter. Further, to the fullest extent permissible by law, we disclaim any express or implied warranties, including without limitation, non-infringement, title, merchant ability, or fitness for a particular purpose. We do not warrant that materials contained within Videoter will be uninterrupted or error free, or that defects or listed errata will be corrected. In no event shall Videoter be held liable under any theory of tort, contract, liability, or other legal theory for any direct or indirect, special, incidental, or other consequential damages, lost profits, lost data, lost opportunities, costs, exemplary or punitive damages, personal injury or wrongful death. You agree to defend, indemnify and hold harmless the Publisher, its officers, directors, employees, business partners and agents, from and against any and all claims, including but not limited to damages, obligations, losses, liabilities, costs or debt, attorney fees, and expenses arising from any breach by you of any of these Terms of Use, your Contributions, your use of materials or features available on Videoter, or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
  8. Links and Associations: You understand that Videoter is an interactive service provider (Ss 230 – Communications Decency Act) and understand and acknowledge that the Website may contain content submitted by users in contributions to the Website. You also understand that the Website may contain links to third party websites or embedded content that is not owned or controlled by Videoter. You understand and acknowledge that Videoter bears no responsibility for these third party websites, their content, or their terms of use agreements, copyright policies, or privacy policies. You understand and agree that you access and use third party websites at your own risk, and you hereby expressly warrant and agree to hold Videoter harmless for any and all liability arising out of your use of third party websites. We are not responsible for the practices or the content of such other web sites or services. Despite any links or associations that might exist on Videoter, we do not endorse and are not affiliated with such third parties. Videoter provides the Website as an interactive service provider. You understand and agree that Videoter’s provision of the Website does not imply its endorsement or approval of any third part or User Generated Content. Videoter has no duty to monitor the Website, but may choose to do so at its own discretion. Videoter may remove, delete or archive the website or any content or contributions contained therein for any reason and without notice.
  9. Protection of Children: Videoter and the Website does not knowingly target, market to, or collect personal information from individuals under the age of 18.
  10. Indemnity: You agree and warrant that you will indemnify, hold harmless, and defend Videoter, including its members, employees, agents, and associates, from and against all claims, damages, obligations, losses, liabilities, or debts and expenses, including attorneys fees that arise from your use of and access to the website, your violation of this agreement, your violation of third party rights, or any claims that your contribution caused damage to a third party. You agree that this obligation will survive the termination or failure of this agreement and your use of the Website. You agree and warrant that Videoter will not be liable to you on any legal theory for any and all damages that may arise out of this license or your use of the Website. You hereby agree that Videoter will only be liable to you for the amount that you paid for the website services. If no fees are paid, you agree that you will be limited to injunctive relief as permitted by law.
  11. Governing Law: These Terms of Use are governed by the laws of the State of Florida, without regard to its conflicts of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Pinellas County in the State of Florida in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it.
  12. Waiver; Remedies; Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective exclusively within the given judgment but shall not affect any other part of these Terms of Use. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

This Terms of Use agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between parties with respect to use of the website, and may be subject to change at Videoter’s discretion at any time and without prior notice.

Effective Date: These Terms of Use are effective as of 04 April, 2013.