VideoRocket Terms of Service

Revision:  9/18/2006

VideoRocket (“VideoRocket”) – TERMS AND CONDITIONS OF USE AGREEMENT

VideoRocket’s goal is to provide access to a variety of positive, encouraging, entertaining and faith-focused topics.  VideoRocket’s vision is to offer a wide array of such content for both the experienced and novice podcaster that will entertain, encourage, challenge and educate, all while maintaining the highest level of integrity, professionalism and core beliefs consistent with the Christian Faith.  VideoRocket, its parents, successors, assigns, and affiliate corporations are hereinafter sometimes individually and collectively referred to as the “Company”.  Unless explicitly stated otherwise, all products and services, current, updated and/or new (the “Products and Services”) offered by Company and/or any of its affiliates, now and in the future, are subject to these terms of use.  Company reserves the right to amend these terms of use (the “Terms of Use”) at their sole discretion, at any time, without notice.

1. ACCEPTANCE

By accessing VideoRocket and/or using any of Company’s Products or Services, you agree, without limitation or qualification, to be bound by and to comply with: (a) all Terms of Use; (b) any and all other posted guidelines and/or rules (all such guidelines and/or rules are hereby incorporated into and made a part of these Terms of Use by this reference); and (c) any and all applicable laws, including local, state and federal that may apply.

2. TERM

You may terminate your VideoRocket membership at any time by following the instructions contained on VideoRocket.  VideoRocket may, at its sole discretion, terminate your VideoRocket membership at any time, for any reason, without notice.  Following any termination, the terms of this agreement shall remain in full force and effect.

3. RESTRICTIONS ON USE

  1. Age Restrictions:

            (i)            Under 13: Individuals under the age of 13 are prohibited from accessing the Products and Services without verified parental consent furnished to Company in accordance with the Children’s Online Privacy Protection Act of 1998.  Notwithstanding the foregoing, certain areas of VideoRocket may not be available to children under 13 under any circumstances.

(ii)            Under 18: At Company’s sole discretion, minors may also be prohibited from using other areas of VideoRocket.

(iii)            Your Authorization of Minors: In the event that you have authorized a minor to access VideoRocket and/or to utilize the Products and Services, you hereby acknowledge and agree that you are fully and completely responsible for the following:

    1. the online conduct of such minor(s);
    2. controlling such minor(s)’ access to and the use of any Products and Services; and
    3. all consequences of any misuse of VideoRocket and/or any of Products and Services

By accessing VideoRocket, you agree, without limitation or qualification, to abide by these provisions and any other applicable laws from any applicable jurisdiction(s) that may limit your access to or use of VideoRocket and/or of any and all specific sections of VideoRocket.

  1. No False or Incomplete Information:

In consideration for your use of VideoRocket, you warrant and represent, without limitation or qualification: (i) that all information you provide during the registration process and at any time thereafter (“Registration Information”) will be true, accurate, complete, and current; (ii)  you will maintain and immediately update your Registration Information, such that it is, at all times, true, accurate, complete, and current; and (iii) you indemnify and hold Company harmless with respect to all such Registration Information.  All Registration Information becomes the exclusive property of Company and Company reserves all rights to use and reuse such Registration Information as well as all other personally identifiable user information.  In the event that you provide any information that is in contravention of the foregoing warranties and representations, or if Company has reasonable grounds to suspect such, VideoRocket has the unfettered right to suspend and/or terminate your account and/or to deny you any current and/or future use of VideoRocket and/or the Products and Services.    

  1. Content Responsibility:

You hereby acknowledge and agree that all materials, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  Accordingly, you, not Company, shall bear sole and complete responsibility for any and all Content that you upload, post, e-mail or otherwise transmit or convey via VideoRocket and/or the Products and Services.  You hereby acknowledge and agree that Company does not in any way control any user Content and/or any third-party user Content, and as such does not, under any circumstances, guarantee the veracity, accuracy, integrity and/or quality of any such user Content and/or any third-party user Content. Under no circumstance will Company be responsible for any user or third party Content (including, without limitation, for any errors or omissions in any such Content, nor shall Company be responsible, under any circumstances for any liability, loss, or damage of any kind that results, in whole or in part, from your access to and/or use of VideoRocket, any and all Content and/or the Products and Services.  In general, Company will not pre-screen Content and/or any other material(s) posted by any persons who access and/or use VideoRocket, although Company reserves the right to do so at any time and in any manner at its sole discretion or to refrain from any and all such screening.  You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion.  You hereby acknowledge and agree that Company may, at its sole discretion, save and/or disclose your Content for any reason whatsoever, including, without limitation, in order to: (i) comply with law enforcement, court orders, or the legal process; and/or (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership.

  1. No Commercial Use:

Use of VideoRocket for commercial purposes, other than with the expressed written consent of Company , is strictly prohibited. Such prohibited activities include, but are not limited to:

  1. Using any automated or manual method to download or “scrape” data from any VideoRocket site or database.
  2. Using any VideoRocket site to conduct or promote any contest, raffle, or game, whether requiring a fee or not.
  3. Publishing, transmitting, reproducing, creating derivative works from, linking or displaying any content or data from any VideoRocket site or database for any reason without expressed written permission from Company.
  4. Making any commercial use of content or information from any VideoRocket site or database without expressed, written permission from Company.
  5. “Spidering” content to a site or web location.
  1. No Harm:

Users of VideoRocket may not, under any circumstance:

  1. Harass other users of VideoRocket.
  2. Impersonate any person or entity.
  3. Use information gathered from VideoRocket to solicit or harass users of VideoRocket
  4. Post, or otherwise publicly expose on VideoRocket, any content that is pornographic, obscene, harassing, threatening, libelous, invasive of privacy, hateful, ethnically objectionable, or unlawful.
  5.  Post, or otherwise publicly expose on VideoRocket, any content that exploits minors in any way.
  6. Post, or otherwise publicly expose on VideoRocket, any content that promotes illegal activity including but not limited to:
    1. Sale or use of illicit drugs.
    2. Promotion of prostitution or sex with minors in any way.
    3. Sharing intellectual property not owned by the user.
  7. Post, or otherwise publicly expose on VideoRocket, any advertisements (explicit or implicit) for:
    1. Alcohol
    2. Tobacco
    3. Firearms
    4. Controlled Substances
    5. Stolen items
    6. Securities
    7. Items that infringe others intellectual property rights.
    8. Any items that may be objectionable from a sexual, racial, or ethnic standpoint.
  8. Upload, post, email, link or otherwise transmit any files, programs, or codes that interrupt, destroy, impair, or in any other way “harm” VideoRocket, its software or hardware, or any of its users or their software or hardware.  This includes viruses, Trojan horses, worms, and the like.
  9. Purchase any goods or services from which you are prohibited by laws in any applicable jurisdiction(s).
  10. Use the VideoRocket logo or likeness for any other purpose than as a link to the VideoRocket website without expressed, written permission of VideoRocket.  You are prohibited from using any VideoRocket images, likenesses, or logos, in a manner that implies VideoRocket’s endorsement of a website, or licensure of a product or service, without expressed, written consent of VideoRocket.

Any violation of these or any other posted restrictions on use (all such other posted restrictions are hereby incorporated into and made a part of these Terms of Use by this reference) (“Restrictions on Use”) may result in immediate removal of Content, termination of account, legal investigation, and/or prosecution.  VideoRocket reserves the right to take any and all actions it deems appropriate in response to any violation of the Restrictions on Use.

4. LICENSE TO USER CONTENT

By posting Content on VideoRocket, you warrant and represent that:

(a)            you own all such Content posted by you or that you otherwise possess the right to grant to Company the license set forth hereinbelow;

(b)            all such Content does not violate any rights of any third party, including without limitation, any contract rights, privacy rights, publicity rights, copyrights or other intellectual property rights;

(c)            you shall pay any and all royalties, licensing fees, or any other fees related to the use of such  Content and you hereby indemnify and hold Company harmless for any violation of any and all third-party rights related, directly or indirectly to such Content.

It is the absolute policy of VideoRocket that any user(s) who post copyrighted or otherwise propriety material of any third party without the expressed legal permission to do so will, at Company’s sole discretion, have their accounts immediately deactivated. 

By posting Content on VideoRocket, you hereby grant Company a world-wide, fully paid, royalty-free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or other material of any kind, to use, copy, store, publish, edit, translate, transmit, publicly perform, publicly display, create compilations, create derivative works of, modify, translate distribute and/or otherwise exploit such Content, to publish and promote such Content in connection with any Products and Services (including, without limitation, for any and all advertising and promotional purposes), to publish and promote such content elsewhere within VideoRocket, and to sublicense such rights through any number of tiers of sub-licensees, all without any obligation to you, whether by way of compensation, attribution or otherwise.  Such license shall apply with respect to any and all form(s), medium(s) and/or technology(ies) now known or hereafter developed.

5. MERCHANDISE SALES

(a)  VideoRocket may contain links to websites where users can purchase goods and services from merchants (“Merchants”).  By submitting an order to purchase any goods or services from Merchants, you are obligated to complete all such transactions, subject to the applicable Merchant’s terms and conditions governing such transaction(s).  You are prohibited from submitting orders to purchase goods or services when you do not intend to complete such transaction(s).

(b) By submitting an order to purchase goods or services from a Merchant; and/or by accepting any offer for sale of any goods and/or services; and/or by accepting any order for goods and/or services, you acknowledge that you are entering into a transaction with that applicable party, and that Company is not a party to any such transaction.

(c)  You shall not purchase goods or services which are prohibited by any law applicable in your jurisdiction.  It is your sole responsibility for ensuring compliance with all applicable laws.

(d)  By submitting an order to purchase goods or services from a Merchant; and/or by accepting any offer for sale of any goods and/or services; and/or by accepting any order for goods and/or services, you represent and warrant that you have the legal right to enter into such transaction.

(e)  Company has no partnership, joint-venture, employer-employee, or franchisor-franchisee relationship with any Merchant.  Company cannot confirm that any Merchant is who such Merchant claims to be, nor can Company confirm the truth or accuracy of any statements made by Merchants or whether such Merchant(s) will act in accordance with such statements.

(f) Company will not get involved in any dispute with respect to any such transactions.  The ability to include links is provided solely as a convenience and the inclusion of any link by any User, Fan or Artist does not imply affiliation, endorsement or adoption by Company of the linked site or any information contained therein.

6.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE TO ANY USER(S) OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM USE OR MISUSE OF THE SITE, RELIANCE ON THE PRODUCTS OR SERVICES, INTERRUPTION OF THE PRODUCTS OR SERVICES, LOSS OF DATA, LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED ON VideoRocket, TERMINATION OF THE PRODUCTS OR SERVICES, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF PROFIT - EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.  UNDER NO CIRCUMSTANCE IS COMPANY LIABLE FOR ANY DAMAGES RELATED TO AFFILIATES, PARTNERS, OR ADVERTISERS, WHETHER LINKED TO THE VideoRocket SITE OR NOT. 

THE FOREGOING LIMITATION SHALL ALSO APPLY WITH RESPECT TO ANY AND ALL DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES AND/OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH AND/OR ADVERTISED ON THE PRODUCTS AND SERVICES AND/OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.  SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO VideoRocket.  SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS LICENSEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

7. INDEMNITY AND RELEASE

By using the VideoRocket web site you agree to indemnify VideoRocket, Company, and their officers, employees, and licensors, and to hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the VideoRocket web site, your use of the Products and Services, your sale of goods and services through a link or otherwise, your purchase of goods or services through a link or otherwise, your submission of ideas and/or related materials to VideoRocket or from any person's use of any account or password you maintain with VideoRocket, regardless of whether such use is authorized by you. By using VideoRocket, using the Products and Services, or submitting any ideas and/or related materials to VideoRocket, you are hereby agreeing to release VideoRocket, Company, and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Company. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

8.  NO LICENSE; INTELLECT PROPERTY OF VideoRocket OR OTHERS

Except as expressly provided, nothing within VideoRocket or any of the Products and Services shall be construed as conferring any license under any of Company’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.  Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate VideoRocket and the Products and Services is protected by copyright, trademark, patent or other proprietary rights of Company and its affiliates, licensors and service providers.  You warrant and represent that you shall not modify, alter or deface any of the trademarks, service marks or other intellectual property made available via VideoRocket.  You warrant and represent that you shall not adapt, translate, modify, decompile, disassemble or reverse engineer any of the the Products and Services or any software or programs used in connection with VideoRocket and/or the Products and Services.

9.    LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of VideoRocket and/or the Products and Services must be filed in a court of competent jurisdiction within one (1) year after such claim or cause of action arises, or forever be barred.

10.    DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER.  ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  COMPANY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PRODUCTS AND SERVICES; (B) ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES; (C) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS OR SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR: (A) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES; (B) THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; (C) ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  COMPANY MAKES NO WARRANY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY COMPANY.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

11.  GOVERNING LAW/MERGER

These Terms of Use constitute the entire understanding of the parties with respect to the subject matter hereof and supersede any other agreements, proposals and communications, written or oral, between you and Company’s representatives; except that any other terms and conditions located on any individual Company site or in connection with the Products and Services are incorporated herein by this reference to the extent that they do not conflict with these Terms of Use.  To the extent that any other terms and conditions of service conflict with these Terms of Use, those other provisions shall control with respect to the use of the particular web site and any Products and Services available on or through the web site or the respective Product or Service at which those provisions may be found.  This agreement shall be governed by and interpreted in accordance with the laws of the State of [_____New Jersey___] applicable to agreements entered into and wholly performed in said State, without regard to any conflict of laws principles. You and we hereby agree that the exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating hereto shall be in the state or federal courts located in the State of [_______New Jersey ____], County of ____Burlington____ [NEED TO FILL IN].  Notwithstanding the foregoing, Company may demand that any dispute between Company and you be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in [____New Jersey______].

12.  CHANGES IN TERMS AND CONDITIONS/PRODUCTS AND SERVICES

Company reserves the right to: (a) modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services; (b) modify the Terms of Use from time to time without notice.  Company strongly advises you to frequently review these Terms of Use in order to remain apprised of any changes.

13.  NON-WAIVER/SEPARABILITY

Company’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  In the event that a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force and effect.

14.  RELATIONSHIP OF THE PARTIES

You acknowledge and agree that you and Company are independent contractors hereunder and that nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship.  Neither party has, pursuant to this agreement, any authority to enter into agreements of any nature on behalf of the other party and neither party shall be considered the agent of the other party.

15.  U.S. EXPORT CONTROLS
Software from this Website is subject to United States federal export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not violating these export controls.

16. HEADINGS

The section titles in this Agreement have no legal or contractual effect.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Sign Up for (re)Fresh