Terms of Service

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of VIDEOREADR's website. VIDEOREADR's website consists of its site located at the URL http://videoreadr.com, as well as its application, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Google OpenSocial and iPhone App Store) (collectively, the "Site"). VIDEOREADR may also offer other services that are governed by different terms and conditions.

Updates to the Terms of Service

This Terms of Service Agreement was last updated on Sept ember 10, 2010. We reserve the right, at any time, to modify the website and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the website after modifications are posted will be considered an acceptance of the modified Terms of Service.

Description of Service

VIDEOREADR provides users with access to a collection of resources, including text or hypertext transcription, search services, personalized content and video content through its Web site. You understand and agree that VIDEOREADR may include advertisements. Unless explicitly stated by using the terms "not subject to the VIDEOREADR TOS," any new features or enhancements to VIDEOREADR, including the release of new VIDEOREADR properties, shall be subject to the TOS. You understand and agree that VIDEOREADR is provided "AS-IS" and that VIDEOREADR assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or any other economic loss resulting from the use of VIDEOREADR. You are responsible for obtaining access to VIDEOREADR, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access VIDEOREADR. Please be aware that VIDEOREADR has certain areas on VIDEOREADR that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

You understand and agree that although we will use reasonable efforts to ensure the website is available to its Users, temporary interruptions of the services available through this website may occur. The services available on this site are provided "AS IS" and Animoto is not liable to you for any temporary interruption in services.

Registration Data, Passwords, and Privacy

In consideration of your use of VIDEOREADR, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by VIDEOREADR's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VIDEOREADR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VIDEOREADR has the right to suspend or terminate your account and refuse any and all current or future use of VIDEOREADR (or any portion thereof). You understand that through your use of VIDEOREADR you consent to the collection and use of the Registration Data, including the transfer of this information for storage, processing and use by VIDEOREADR and its affiliates.

User Requirements

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not VIDEOREADR, are entirely responsible for all Content that you upload, post, transcribe, email, transmit or otherwise make available via VIDEOREADR. VIDEOREADR does not guarantee the accuracy, integrity or quality of such Content. You understand that by using VIDEOREADR, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VIDEOREADR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 VIDEOREADR. You agree to not use VIDEOREADR to:

  1. upload, post, email, transmit, transcribe or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  2. upload, post, email, transmit, transcribe or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary ) of any party

  3. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, pyramid, or any other form of solicitation;

  4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

  5. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations designated by the United States government.

You acknowledge that VIDEOREADR may or may not pre-screen Content, but that VIDEOREADR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via VIDEOREADR. Without limiting the foregoing, VIDEOREADR and its designees shall have the right to remove any Content that:
(a) violates the TOS or
(b) is otherwise objectionable, such as, but not limited to, pornography, obscene or defamatory material, or material that may violate any third party intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by VIDEOREADR or submitted to VIDEOREADR.

You understand that the technical processing and transmission of Content by VIDEOREADR, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that VIDEOREADR and the software embodied within VIDEOREADR may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VIDEOREADR and/or content providers who provide content to VIDEOREADR. You may not attempt to override or circumvent any of the usage rules embedded into VIDEOREADR.

Interstate Nature of Communications on VIDEOREADR Network

You acknowledge that in using VIDEOREADR to search queries, you will be causing communications to be sent through VIDEOREADR's computer networks. As a result, and also as a result of VIDEOREADR's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of VIDEOREADR results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

International Use

Although this website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.

Indemnity

You agree to indemnify and hold VIDEOREADR and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through VIDEOREADR, your use of VIDEOREADR, your connection to VIDEOREADR, your violation of the TOS, or your violation of any rights of another.

Resale of VIDEOREADR

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of VIDEOREADR (including your VIDEOREADR ID), use of VIDEOREADR, or access to VIDEOREADR.

Use of Site and Storage of Material

You acknowledge that VIDEOREADR may establish general practices and limits concerning use of VIDEOREADR Content, including without limitation the maximum number of days that Content will be retained by VIDEOREADR. You agree that VIDEOREADR has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by VIDEOREADR.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

Do not rely upon this website as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.

Modification of Service

VIDEOREADR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, VIDEOREADR (or any part thereof) with or without notice. You agree that VIDEOREADR shall not be liable to you or to any third party for any modification, suspension or discontinuance of VIDEOREADR.

Termination

You agree that VIDEOREADR may and without prior notice, immediately terminate your access to VIDEOREADR. Further, you agree that all terminations shall be made in VIDEOREADR's sole discretion and that VIDEOREADR shall not be liable to you or any third party for any losses resulting from termination of your access to VIDEOREADR.

VIDEOREADR may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VIDEOREADR has no control over such sites and resources, you acknowledge and agree that VIDEOREADR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

Intellectual Property

You acknowledge and agree that VIDEOREADR and any necessary software used in connection with VIDEOREADR ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through VIDEOREADR or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing by VIDEOREADR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on VIDEOREADR or the Software, in whole or in part.

Copyright Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please contact us at contact@videoreadr.com.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

  1. YOUR USE OF VIDEOREADR IS AT YOUR SOLE RISK. VIDEOREADR IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. VIDEOREADR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VIDEOREADR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) VIDEOREADR WILL MEET YOUR REQUIREMENTS; (ii) VIDEOREADR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VIDEOREADR WILL BE ACCURATE OR RELIABLE; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF VIDEOREADR; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VIDEOREADR IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDEOREADR OR THROUGH OR FROM VIDEOREADR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  4. VIDEOREADR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH OR ARISING OUT OF CONTENT THAT IS SUBMITTED BY ITS USERS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN CONSIDERATION FOR USING SPEAKER TEXT, VIDEOREADR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIDEOREADR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE VIDEOREADR; (ii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF VIDEOREADR; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VIDEOREADR; OR (v) ANY OTHER MATTER RELATING TO THE USE OF VIDEOREADR. IN ANY EVENT, VIDEOREADR'S TOTAL AND MAXIMUM LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED $100.

Assignment

You agree that the TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, there shall be no third-party beneficiaries to this agreement.

Trademarks

The VIDEOREADR logo, trademarks and service marks and other VIDEOREADR logos and product and service names are trademarks of VIDEOREADR Inc. (the "VIDEOREADR Marks"). Without VIDEOREADR's prior permission in writing, you agree not to display or use in any manner the VIDEOREADR Marks.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this website and/or services provided through this website, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.

Notices

All notices to a User or to VIDEOREADR shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at contact@videoreadr.com, if by email, or at Aflatune, Inc., 8112 229th Dr. NE, Redmond, WA 98053, USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by VIDEOREADR.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by VIDEOREADR, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.