My1Channel / Video Create! Terms of Use

TERMS OF USE

1. YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE USING MY1CHANNEL.COM This Terms of Use Agreement ("Agreement") informs you of the terms, conditions, disclaimers, notices and policies (collectively the "Terms") that apply to your access and use of the website of My1Channel/Video Create!, LLC. ("Video Create"), located at the URL www.my1channel.com ("Site"). This Agreement is a binding contract between you and Video Create that provides for important rights and obligations. By accessing, browsing, and/or using the Site you represent to Video Create that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

2. ELIGIBILITY TO ACCEPT AGREEMENT AND USE SITE You must be at least 14 years of age to access and use the Site. There is no exception to this requirement. Video Create does not knowingly collect any personal information from children under the age of 14 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Site, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.

3. VIDEO CREATE’S RIGHT TO MODIFY AGREEMENT Video Create may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Site after such modification shall be deemed to be your acceptance of any such modification. You may not modify this Agreement without the prior written authorization of an officer of Video Create. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE.

4. POLICY ON PRIVACY The Site includes the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy carefully. By using the Site, you are consenting to the Privacy Policy.

5. VIDEO CREATE’S OWNERSHIP OF THE SITE AND PROPRIETARY MATERIAL The Site contains copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the "Proprietary Material"). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Video Create. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Video Create. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Video Create from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. For example, you are expressly prohibited from using the Proprietary Material to modify content generated by you or by others for the purpose of selling or assisting others to sell the content in its modified form. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY VIDEO CREATE AND ITS LICENSORS.

6. OWNERSHIP OF USER-GENERATED CONTENT The Site provides you with access to a variety of resources, materials and downloads (collectively the "Services"). The Services may enable you to create content and to make it available to Video Create and to others, and to access content made available by Video Create and other Site users. Such content may include, without limitation, video, film, music, text, communications, software, graphics, images, audio, and information. All such content made available by you or by other users of the Site is referred to in this Agreement as "User-Generated Content." As between Video Create and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Site may be made freely available by Video Create to others, including without limitation for download by others. You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to Video Create to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.

7. VIDEO CREATE COMMERCIAL USE OF USER-GENERATED CONTENT In the event Video Create elects to make a commercial use of the User-Generated Content you create, Video Create will notify you of this fact and provide you with the opportunity to agree to participate in such use and in any revenues generated from such use in accord with the Commercial Use Agreement included in this Site. For purposes of these Terms, "commercial use" means a use for which Video Create charges a fee, commission or royalty, or from which Video Create otherwise derives revenue, which is directly attributable to the commercial use of the User-Generated Content. The permitted uses and the allocation of revenues are as provided in the Commercial Use Agreement. Your participation in a commercial use by Video Create is voluntary on your part.

8. PROHIBITED USER-GENERATED CONTENT You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Site, you agree not to use the Site for any unlawful or prohibited purpose. User-Generated Content prohibited from the Site includes, without limitation, User-Generated Content that Video Create determines in its sole and absolute discretion:

constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
misrepresents the source or identity of any material;
is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive to users of the Site or inappropriate;
violates the rights of privacy or publicity of any person;
is false or deceptive;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner;
is an advertisement or solicitation to sell a product or service to users of the Site, or constitutes any other commercial use of the Site, without the prior written consent of Video Create;
is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
interferes with the proper functioning of the Services or Site, or violates any other Term of this Agreement. You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. You acknowledge that Video Create is a service provider that may allow users to interact online regarding topics and content chosen by the users. Video Create does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Video Create generally does not regulate and shall have no obligation to monitor any User-Generated Content. Nonetheless, Video Create and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Video Create may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. Video Create also may terminate your access to the Site and refer the User-Generated Content to law enforcement if Video Create believes it is in violation of any state, federal or local law.

9. PROHIBITED USER CONDUCT Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 9 will result in the immediate, automatic termination of your access to the Site and may subject you to civil and/or criminal liability. You further agree that you will not, under any circumstances:

frame or otherwise display any portion of the Site or its contents that is not your User-Generated Content without prior authorization;
sell, grant a security interest in, or transfer reproductions of all or any portion of the Service to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Video Create;
host, provide or develop services for or using the Services, or intercept, emulate or redirect the communication protocols used by Video Create in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Video Create. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Video Create; or
use the Services in a manner prohibited by any applicable law or government regulation, or by the Terms.

10. USER REGISTRATION As a condition to using certain components of the Services, you may be required to register with Video Create and select a password and screen name ("User ID") to obtain a personal account. You agree to provide Video Create with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Site. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. Video Create reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that Video Create cannot guaranty the accuracy of any information submitted by any user of the Services, nor any identifying information about any user. You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your password. Video Crete’s password protection scheme is designed for entertainment purposes only, and is not designed for protection or securing of personal or sensitive data. You should never reveal personal information about yourself inside a account that you make, either in a video, photo or in any comments or title cards. You may not share your account with a third party or use the account of a third-party. You agree to notify Video Create immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You may cancel your account at any time upon written notice to Video Create.

11. DISCLAIMERS

THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, VIDEO CREATE DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, VIDEO CREATE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
VIDEO CREATE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL VIDEO CREATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE SERVICES ARE CONTROLLED AND PROVIDED BY VIDEO CREATE FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. VIDEO CREATE MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.

12. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW, VIDEO CREATE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT VIDEO CREATE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.

13. LINKS TO THIRD-PARTY WEBSITES Solely as a convenience to users, Video Create may provide links on the Site to other websites owned by third-parties. Unless otherwise expressly stated, Video Create does not endorse or control these third-party websites and assumes no responsibility for them.

14. EQUITABLE REMEDIES You acknowledge and agree that money damages would not be a sufficient remedy for any breach or threatened breach of this Agreement by you. Video Create shall be entitled to seek equitable relief, including a preliminary and final injunction and specific performance, as a remedy for any such breach. Such remedies shall not be the exclusive remedies for a breach by you, but shall be in addition to all other remedies available to Video Create at law or in equity.

15. INDEMNIFICATION To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Video Create, its officers, directors, employees and agents, and any licensor of Video Create, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Site, your violation of any Term, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Site.

16. GENERAL PROVISIONS You agree that the Site shall be deemed exclusively based in Wisconsin, United States of America and this Agreement shall be deemed to have been made and executed exclusively in the State of Wisconsin. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of Wisconsin without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Video Create shall be commenced and maintained in any state or federal court located in Waukesha County, State of Wisconsin, having subject matter jurisdiction with respect to such dispute. You and Video Create agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Video Create; Video Create may assign this Agreement without restriction of any kind. No failure on the part of Video Create to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Video Create with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.

17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE As an online service provider, Video Create has adopted the following general policy regarding copyright infringement in accord with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). The address of Video Create’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is:

It is Video Create’s policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that User-Generated Content or other material residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed. Once proper infringement notification is received by the Designated Agent, Video Create will remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party. The DMCA requires a service provider to give prompt notification to the accused infringing party of the copyright claim and that the accused User-Generated Content or other material has been removal or access to it has been disabled. Section 512(g). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). In such instance, Video Create shall follow the procedures and requirements of the DMCA calling for notification to the complaining party and timely restoration of the User-Generated Content or other material alleged to be infringing.

I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT.

I AGREE THAT BY CLICKING "AGREE" OR INSTALLING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Video Create Terms of Use Agreement was updated on February 16, 2008.