This Terms of Use and Refund Policy agreement and the ilovevideo Privacy Policy must be read carefully. This Agreement is a legal and binding agreement between you, as the end user, and video c (online) limited the owner of the ilovevideo site. Your use of our websites (the "ilovevideo websites") as a guest or registered member/subscriber of ilovevideo.com indicates your agreement and consent to become a party to this Agreement, to accept and be bound to the terms of use herein and to act at all time in compliance with our policies. If you do not accept and agree to the terms of this Agreement, your sole and exclusive remedy is to discontinue using ilovevideo.com.
1. Service ilovevideo currently provides the ilovevideo websites for streaming and downloading music videos and audio download. You may purchase downloads of music videos through our service ("Service"). In order to use the Service you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all hardware and software necessary to make such connection to the internet to be able to stream and preview our downloadable music video files. All audio and video downloading purchases will be paid per file at the specified price given in our download store. To gain access to the Service you will be required to provide us with certain information. You agree that all information you provide is accurate, complete and current. By accessing the Service you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. Because the Service is designed for personal consumer use, you are not allowed to use any automated system for the selection or downloading of files. ilovevideo reserves the right to immediately and permanently terminate your access to the Service if we believe you are violating such limitation and we reserve to ourselves the right to use any and all legal remedies available to us to rectify any loss arising from such breach.
2. Subscription On subscribing to ilovevideo.com you will be asked to submit a user identity name ("ID") and password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that given the inherent nature of the Internet the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
3. Refund and Fees You agree to the fee designated by us for the Service level you select for downloadable products as the total sum specified in your shopping cart. Depending upon the version of the Service you select, you agree to pay the amounts as specified at www.ilovevideo.com at the time of purchase. You are responsible for paying any governmental taxes incurred by use of your credit card or other payment method at the prices in effect when such charges are incurred on your use of the Service. Said governmental taxes include, but are not limited to, sales or use taxes. Value Added Tax at the rate applicable for the United Kingdom is included in the quoted prices on the site. You are also responsible for all charges such as shipping, handling, customs fees and/or governmental taxes that may be incurred by winning a contest on ilovevideo websites, in this case including any Value Added Tax the United Kingdom. Refunds of any fees actually paid are given at the discretion of the company. Payment will be made using a secure credit card gateway at our sole discretion. You agree to pay all amounts due upon demand by ilovevideo. Your card issuer agreement governs your use of your designated card in connection with the Service and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service. You and not ilovevideo are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you. If you want to designate a different credit card or other payment method or there is a change in credit card validity or expiration date, you must contact us. ilovevideo reserves the right at any time to change its fees and billing methods, including the addition of supplemental fees or separate charges for content or services provided by ilovevideo, effective thirty days after an online posting on ilovevideo's Legal Notice webpage. ilovevideo may additionally provide notice of billing changes via email. If any such change is unacceptable to you your remedy is to cease to make any further purchase from ilovevideo.com. Your continued use of the Service following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.
4. Termination You agree that ilovevideo, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service if ilovevideo believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. ilovevideo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that ilovevideo shall not be liable to you or any third party for any termination of your access to the Service. In addition, you may terminate this Agreement and your subscription to the Service at any time. Termination of this Agreement shall not relieve you of any obligation to pay accrued charges.
5. Explicit Lyrics and Images ilovevideo by default webcasts music videos from ilovevideo's entire catalogue which contains a variety of music videos including some songs and videos that may contain explicit lyrics or images or lyrics or images that certain people may find offensive. If you are dissatisfied with any music or videos webcast by ilovevideo, your sole and exclusive remedy is to discontinue using ilovevideo.com.
6. Electronic Newsletters ilovevideo provides a periodic electronic newsletter to users who voluntarily subscribe as a ilovevideo member. Users may remove themselves from this mailing list simply by replying to the email and typing "unsubscribe" in the subject heading of the email, or by sending a message to support@ilovevideo.com from the user's email account requesting that they be unsubscribed from the electronic mailing list.
7. Competitions From time to time ilovevideo may offer competitions in which we request certain personal information. At a minimum, the required information includes your name, email address, telephone number, city, state (where applicable) and country. In some cases, it may be possible that the user must answer mandatory survey questions regarding other personal data. The information gathered in the entry forms is used to verify the entrant's identity and to contact winners and/or prize recipients. There are three instances in which ilovevideo may divulge this information to a third party:- The record company whose artists and videos are used in the contests and/or other sponsors of the contest may request the user's email address and/or personal information, in which case the user's personally identifiable information is divulged to the record company and/or other sponsors. - A user may expressly choose to receive additional information from a competition sponsor, in which case the user's personally identifiable information is divulged to the advertiser. - Some competitions may be hosted on the ilovevideo websites but administered by a sponsor; in such instances the information a user provides is passed on to the third party but only with the user's express consent. As rules and terms of each competition can vary, all information about each competition is clearly posted during the event. All competitions are conducted in full accordance with United Kingdom law and decisions as to competition winners are based on a jury whose decision is final and cannot be appealed. Employees and employees' relatives of ilovevideo, record labels and other sponsors are not eligible to participate in the competitions. By entering a contest, the recipient of any prize acknowledges and agrees to be responsible for any governmental taxes or customs charges that may be incurred. All competitions are null and void where prohibited by law.
8. Null and Void Where Prohibited Although ilovevideo websites are accessible worldwide, not all products and services discussed or referred to on ilovevideo websites are available to all persons or in all geographic locations. ilovevideo reserves the right to limit, at its sole discretion, the provision and quantity of any product or service to any person or geographical area. Any offer for any product or service made on the ilovevideo websites are null and void where prohibited by law.
9. License to ilovevideo By sending messages, whether in response to a competition or otherwise, uploading files, inputting data or engaging in any other form of communication through ilovevideo websites, you are granting a royalty free, perpetual, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, intellectual property, trademark, service mark or patent laws under any relevant jurisdiction.
10. Use of Information ilovevideo uses any information given by our users to enhance their experience in ilovevideo websites, whether to provide personalized elements on the sites or to better prepare future content based on the interests of our users. ilovevideo never shares newsletter mailing lists with any third parties, including advertisers or partners, but ilovevideo may create aggregate reports on user demographics and traffic patterns for advertisers and partners.
11. Sharing of Information ilovevideo uses the information described above to tailor our content to suit your needs and help our advertisers better understand our audience profile. We do not share information about individual users with any third party other than with your express consent or should we be required to do so by operation of law. ilovevideo does not control the practices of our advertisers. Any questions about how our advertisers use information about you when you view their websites should be addressed to them directly.
12. Copyright Information ilovevideo prohibits the use of copyrighted editorial content, graphics, videoclips, sound recordings and photographs (the "Material") located or found on ilovevideo.com or any other website owned, operated, licensed or controlled by ilovevideo without ilovevideo's prior written consent. All editorial content including, but not limited to, graphics, website design, text, the selection and arrangement thereof, and any software is protected by copyright and belongs to video C (on line ) limited and is for personal, and non-commercial use only. All such rights are reserved without exception. Such editorial content is protected by international copyright and intellectual property law and international treaties and may not be copied without the express prior written permission of ilovevideo, which reserves all rights, including the right to deny a request to copy content found on ilovevideo websites. Use of any of ilovevideo's editorial content online for any purpose whatsoever without written permission from ilovevideo is strictly prohibited. The editorial content shall not be modified in any way and all copyright and other notices on any Material shall be retained. Permission to use ilovevideo's content will be granted on a case-by-case basis only. Please direct any such inquiries to info@ilovevideo.com. Copying or adapting the HTML code that ilovevideo creates to generate its pages is strictly prohibited. Such HTML code is covered by ilovevideo's copyright. The Material may not be copied, reproduced, transmitted, distributed, disseminated, sold, broadcast, webcast, republished, downloaded, displayed or posted or in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of ilovevideo. You agree and indemnify to hold harmless ilovevideo for any failure by you to comply with this section.
13. Copyright Infringement ilovevideo respects the intellectual property of others and we ask our users do the same. ilovevideo may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others, particularly those who commit repeated acts of infringement. You agree and indemnify to hold harmless ilovevideo for any and every failure to comply with this section. If you believe that your work has been copied in a way that constitutes copyright infringements, please provide us with the following information :- - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest - a description of the copyrighted work that you claim has been infringed - a description of where the material that you claim is infringing is located on the site - your address, telephone number and email address - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law - a statement by you made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, please direct them to info@ilovevideo.com Unless the all the foregoing information is provided ilovevideo cannot act upon allegations of copyright infringement.
14. Trademarks ilovevideo.com and the ilovevideo logo are registered trademarks of video C (on line) limited. The "look and feel" of the ilovevideo websites is also an ilovevideo trademark. All other trademarks, service marks, product names and company names or logos used on ilovevideo websites remain the property of their respective owners.
15. Jurisdiction The ilovevideo websites are controlled and operated by video c (online) limited a company registered in the United Kingdom. This Agreement is entered into in the United Kingdom and shall be governed by and construed in accordance with the laws of England and Wales, without regard to any conflict of law provisions of any other jurisdiction. Each party to this Agreement submits to the exclusive jurisdiction of the courts sitting in England and Wales and waives any jurisdictional, venue or inconvenient forum objections to such courts. ilovevideo makes no representation that Materials on the ilovevideo websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with any local laws that may apply in the jurisdiction applicable to the location. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this section. You shall not use the Service in any manner contrary to applicable local, state, regional, federal or national law. ilovevideo expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, regional, federal or national law. Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
16. DISCLAIMER YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. ilovevideo IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS SITE OR ITS CONTENT. ilovevideo DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, ilovevideo DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, ilovevideo DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE ilovevideo WEBSITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK INCLUDING, BUT NOT LIMITED TO, THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ilovevideo PROVIDES LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIAL ON ilovevideo WEBSITES. NEITHER ilovevideo NOR THEIR AFFILIATES OR PARTNERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
17. Limitation of Liability ilovevideo will make reasonable efforts to keep the ilovevideo websites operational. However, certain technical difficulties may from time to time result in temporary service interruptions. ilovevideo also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of Service with or without notice, including videos that may be removed from the ilovevideo websites due to copyright restrictions. Under no circumstances including, but not limited to, negligence shall ilovevideo or its affiliates be liable for any direct, indirect, incidental, special or consequential damage or loss of revenue, profits or data that results from the use of, or the inability of use, ilovevideo Materials due to any modification, suspension, discontinuance or interruption of Service, even if ilovevideo has been advised of the possibility of such damage. Further, our aggregate liability arising with respect to this Agreement and the Service will not exceed the total fees paid by you under this Agreement. You specifically acknowledge and agree that ilovevideo is not liable for any defamatory, offensive or illegal conduct or any user. ilovevideo cannot be held responsible for quality of service from your Internet Service Provider (ISP). If you are dissatisfied with any ilovevideo material, your sole and exclusive remedy is to discontinue using ilovevideo.com.
18. Modification ilovevideo may modify the terms and conditions of this Agreement by posting notice of such modification at any time and at our sole discretion on a page of the ilovevideo websites entitled Legal Notice. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of ilovevideo websites following our posting of a change notice or new agreement on the ilovevideo websites will constitute your binding acceptance of the change.
19. Agreement This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications, proposals or agreements whether electronic, oral or written, between you and us with respect to the Service, all of which communications, proposals or agreements are expressly cancelled. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. |