TERMS AND SERVICE
Terms of service
ViralSnare.com, ViralSnare, LTD (hereafter “ViralSnare”) contracts with copyright holders to
give them an avenue to share and license their content with media outlets, TV shows,
commercials, lms and other commercial outlets that utilize viral-style video clips for their
program- ming needs. ViralSnare brings content holders and the market of purchasers together
so that video creators can be compensated for the licensing of their videos, and so industry
professionals have a simple process for accessing the videos they need for programming.
Subject to our Terms of Service, videos uploaded to ViralSnare are made available for
licensing by industry professionals and in return content hold- ers can be compensated for
their videos. It is our goal to help owners of videos get compensated and for industry
professionals to get the videos they need for their programming in an ecient and aordable
manner.
Agreement to Terms of Service
These policies are applicable to the web site located at www.ViralSnare.com, the company
ViralSnare, LTD and each of their respective ali- ates, parents, subsidiaries, licensees,
and assigns (collectively hereinafter referred to, alternatively, as “ViralSnare,” the
“Site,” “we,” “us,” “our” or similar identifying pronouns). Please read these Terms of
Service carefully to ensure your legal use of the Site. They contain the legal terms and
conditions that govern your use of the services provided to you by the Site and are a
binding agreement with you. In using the Site, you arm that you are at least 18 years of
age, or an emancipated minor, or possess legal parental or guardian consent, and you are
fully able and competent to enter into, abide by and comply with the terms, conditions,
obligations, representations, and warranties set forth in these Terms of Service.
Use of the website
The site and any Content available for licensing via the site or from ViralSnare are intended
to be accessed and utilized by customers and registered users of ViralSnare. You are
specically prohibited from: (i) copying or re-transmitting any portion or the entire
Website; (ii) down- loading and/or using any of the Content available from ViralSnare
without a valid license agreement with ViralSnare or absent other agree- ments between
ViralSnare and Platform service customers; or (iii) manipulating or otherwise displaying the
site or any Content available from the site or ViralSnare by using framing or other
navigational technology. You are also prohibited from using any data mining, automat- ed,
robotic or similar data aggregation or extraction methods or technologies on or in
connection with this site. Any unauthorized use of this site, the Platform, or any Content
available from this site or ViralSnare may violate applicable copyright and trademark laws,
right of privacy or right of publicity, and/or other proprietary rights and applicable
federal, state and local laws, rules, orders or regulations, which shall entitle ViralSnare
to take action against you, your employer or principal including, without limitation,
seeking injunctive relief, as well as damages in the form of actual damages for loss of
income, prots derived from the unauthorized use and, where appropriate, attorneys’ fees,
other costs of collection, and/or statutory damages.
By accessing the site, the Platform, or logging into your account and utilizing the site or
Platform, including the viewing, licensing or down- loading of any Content, you agree that
you have read and agree to all the Terms and Conditions contained herein and in the Privacy
Policy and that you will comply with all applicable laws and regulations, and all privacy
and other intellectual property and export laws.
Ownership of site
All sounds, music, video, text, software, user interfaces, visual interfaces, graphics,
photographs, artwork, trademarks, logos, computer codes and other audio-visual material
(collectively, “Content”) contained on the Site, including but not limited to the design,
structure, coor- dination, selection, expression, and arrangement of such Content, is
controlled, owned, or licensed by or to ViralSnare, as further set forth in these Terms of
Service, and is protected by copyright, trademark and various other intellectual property
and unfair competition laws.
ViralSnare.com, ViralSnare, LTD its graphics, logos and service names are registered or
otherwise protected trademarks or service marks (“Trademarks”). These Trademarks many not be
used in connection with any product or service that is not owned or operated by ViralSnare
or in any manner that is likely to cause confusion among customers or in any other manner
that disparages or misrepresents ViralSnare. All other trademarks, branding and logos not
owned by ViralSnare that appear on this Site are the property of their respective owners who
may or may not be aliated with, sponsored by or connected to ViralSnare.
No part of the Site nor its Content may be used in any way, except as expressly provided in
these Terms of Service, without ViralSnare’s express prior written consent, including
without limitation the copying, publicly display, reproduction, republishing, posting,
uploading, transmitting, or distributing in any method or manner to any other device,
computer, web site or other platform or medium. The unautho- rized copying and distribution
(including without limitation downloading, uploading, le serving, le “swapping” or other
similar activities) of any such Content or materials constitutes copyright infringement
under the U.S. Copyright Act and international copyright laws, and ViralSnare and its third
party licensors and aliates will enforce such rights to the full extent of the law.
ViralSnare reserves the right to do any of the following, at any time, without notice: (1)
modify, terminate, or suspend access to the Site, or any portion of the Site, for any
reason; (2) modify or change any portion of the Site, and any applicable policies or terms;
and (3) interrupt the operation of the Site as necessary to perform routine or non-routine
maintenance, error correction, technical updates or other changes.
Duty to Monitor
ViralSnare has no obligation to monitor the use of the Site or to verify, warrant, or vouch
for the accuracy and quality of the information that users may acquire. It is apparent that
any use of the internet subjects parties to a certain amount of inherent risk. Internet
users must exer- cise their own best judgment in relying on information obtained from the
Internet, including the Site. ViralSnare bears no responsibility for information or
communications downloaded, posted or otherwise added to its Site by third parties without
ViralSnare’s express permis- sion, regardless of how inaccurate, unsuitable, oensive, or
illegal. Notwithstanding the foregoing, ViralSnare reserves the right to, and may from time
to time, monitor any and all information transmitted or received through the Site for
operational and other purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our Privacy Policy. It is your
responsibility to familiarize yourself with our Privacy Policy. Use of the Site constitutes
consent to such monitoring and use. We further reserve the right at all times to remove any
information or materials, in whole or in part, that in our sole and absolute discretion are
objec- tionable or in violation of these Terms of Service and/or our Privacy Policy.
User Conduct
You agree that all Content downloaded, viewed or accessed will be used only for informational
and/or evaluation purposes. You agree that you may be charged reasonable fees for
downloading Content regardless of whether you actually license the Content. You agree there
shall be no commercial exploitation or use, directly or indirectly, or any other
unauthorized use of any Content available on this Site without an executed license agreement
between you and ViralSnare. In case of circumvention, you agree that a breach of these Terms
of Service by you would cause ViralSnare irrevocable injury and damage that cannot be
adequately compensated by damages in an action at law. You therefore agree that, without
limiting ViralSnare’s rights and remedies at law, including without limitation upon the
right to seek damages for any such breach by you, ViralSnare shall further be entitled to
injunctive and other equitable relief to prevent and/or cure any breach or threatened breach
of this agreement, without proof of actual damages. In addition, you agree to indemnify and
hold ViralSnare harmless from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable attorney’s fees, arising out of or resulting from your
unauthorized use of any Content on the Site.
Limitation of Liability
Your communications with, business dealings with, or participation in promotions of merchants
found on or through the Site, including payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such merchant. You understand and agrees that any
content downloaded or otherwise obtained through the use of this Site is done at your own
risk and that you will be solely responsible for any damage done to your computer system or
loss of data that results from the download of such content. We will not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings,
content downloads or as the result of the presence of such merchants on the Site. You assume
all risk of errors and/or omissions on the Site and any Third-Party Sites, including the
transmission or translation of information. You assume full responsibility for implementing
sucient procedures and checks to satisfy your requirements for the accuracy and suitability
of the Site and any Third-Party Sites, including the information contained therein, and for
maintaining any means that you may require for the recon- struction of lost data or
subsequent manipulations or analyses of the information provided hereunder. You acknowledge
and agree that your use of the Site and any Third-Party Sites, and any information sent or
received in connection therewith, may not be secure and may be intercepted by unauthorized
parties. You assume the responsibility for the entire cost of all necessary maintenance or
repair of your com- puter system or other property.
In no event shall ViralSnare, its parent, aliates or subsidiary companies or their respective
directors, ocers, employees, agents, aliates or suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential or other damages arising out of or in
any way con- nected with the use of the Site or with the delay or inability to use the Site,
or for any information, software, products and services adver- tised in or obtained through
the Site, our removal or deletion of any materials or records submitted or posted on the
Site, or otherwise aris- ing out of the use of the Site, whether based on contract, tort,
strict liability or otherwise, even if ViralSnare or any of its subsidiary compa- nies,
aliates or suppliers has been advised of the possibility of damages. This waiver applies,
without limitation, to any damages or injury arising from any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer
virus, le corruption, communication-line failure, network or system outage, theft,
destruction, unauthorized access to, alteration of, or use of any record. You specically
acknowledge and agree that ViralSnare, its parent or subsidiary companies, aliates or
suppliers shall not be liable for any defamatory, oensive or illegal conduct of any user of
the service. While some states do not allow limitations on how long an implied warranty
lasts or the exclusion or limitation of incidental or consequential damages, you are
consenting by these Terms of Service to personal jurisdiction in California.
Assignment
These Terms of Service and any rights and licenses granted by you hereunder (including
without limitation the Licensed Rights) may not be transferred or assigned by you, but may
be assigned by ViralSnare without restriction.
Indemnication
You agree to defend, indemnify and hold harmless the Site, ViralSnare, its parent, aliates or
subsidiary companies and their respective directors, ocers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out
of or accruing from (i) your access to or use of this Site; (ii) your violation of these
Terms of Service (including without limitation the Licensed Rights or any License
Agreement); (iii) your viola- tion of any third party right, including without limitation
any intellectual property right, property or privacy right; or (iv) any claim that one of
your User Submissions caused damage to a third party. You agree that we may at any time and
without notice, suspend or terminate your access to this Site if you fail to comply with
these Terms of Service or applicable law.
License to Use Site
If you comply with these Terms of Service, ViralSnare grants you a non-exclusive,
non-transferable, limited license to enter and use the Site and the services provided
herein. This license is for the sole purpose of enabling you to use and enjoy the benets of
the services ViralSnare provides, subject to and in accordance with these Terms of Service.
You may not copy, modify, distribute, sell or lease any part of our ser- vices or our Site
or its software, nor may you reverse engineer or attempt to extract the source code of that
software or its other content. ViralSnare reserves the right, to modify, remove, update or
add to these Terms of Service at any time without notice. It is your responsibility and
obligation to review these Terms of Service periodically for changes. Unless otherwise
specied, such changes shall be eective when they are posted, and your continued use of the
Site following the posting of changes will mean that you accept and agree to the changes.
Your access or use of the Site constitutes your agreement to be bound by these Terms of
Service, the ViralSnare licensing terms and the terms and conditions of our Privacy Policy,
which are incorporated herein by reference, including any changes that exist when you re-ac-
cess this Site (whether or not you have chosen to register as a member of the Site). By
using this site, you hereby agree to these terms of ser- vice. If you do not agree with the
terms, or the terms of any of our other published policies then do not use this site. Your
use will be proof of your agreement to these terms.
Copyright Infringement (Digital Millennium Copyright Act)
ViralSnare does not permit copyright infringement on the Site and will remove any infringing
content if we receive notice that such content infringes on another’s intellectual property
rights. ViralSnare further reserves the right to terminate accounts or access to the Site in
the case of repeat violators. If you are a copyright owner or an agent thereof and believe
that any content on the Site infringes upon your copy- rights, you may submit a notication
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identication of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notication, a
representative list of such works at that site;
- Identication of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sucient to permit the service provider to locate the material;
- The physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;* Information reasonably sucient
to permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notication is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.If you fail to comply with all of the requirements set forth
herein, your DMCA notice may not be valid. Notice can be submitted to ViralSnare’s
designated Copyright Agent at copyright@viralsnare.com. If you believe that your User
Submissions which were removed (or to which access was disabled) is/are not infringing,
or that you have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the material in your User Submissions,
you may send a counter-notice containing the following information to the Copyright
Agent:
- Identication of the content that has been removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
- Your physical or electronic signature;
A statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentication of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent
to the personal jurisdiction of the federal court in Los Angeles, California, and a
statement that you will accept service of process from the person who provided
notication of the alleged infringement. If a counter-notice is received by the Copyright
Agent, ViralSnare may send a copy of the counter-notice to the original com- plaining
party informing that person that we may replace the removed content or cease disabling
it in 10 business days. Unless the copy- right owner les an action seeking a court order
against the content provider, member or user, the removed content may be replaced or
access to it restored in 10 to 14 business days or more after receipt of the
counter-notice, at ViralSnare’s sole discretion.
Child Protection Notication
This Site contains some content that might be deemed unsuitable to minors. This Site is
intended for a mature audience and parents who nd any material on this site unsuitable for
their children are encouraged to utilize parental control services. Parental control
protections (such as computer hardware, software, or ltering services) are commercially
available that may assist you in limiting access to material that is harmful to minors.
Disclaimer of Warranties
ViralSnare is not responsible for, and expressly disclaims all liability for, damages of any
kind arising out of use, reference to, or reliance on any information contained within the
site. While the information contained within the site is periodically updated, no guarantee
is given that the information provided in this Web site is correct, complete, and
up-to-date. Although this site may include links providing direct access to other Internet
resources, including Websites, ViralSnare is not responsible for the accuracy or content of
information contained in these sites. Links from ViralSnare to third-party sites do not
constitute an endorsement by ViralSnare of the parties or their products and ser- vices. The
appearance on the Web site of advertisements and product or service information does not
constitute an endorsement by Viral- Snare, and ViralSnare has not investigated the claims
made by any advertiser. Product information is based solely on material received from
suppliers.
Violation of Terms of Service
You may use our Site only as permitted by the terms herein stated. As further set forth in
our Privacy Policy, you agree and acknowledge that ViralSnare may preserve any communication
and information made or disclosed by you through the Site, and ViralSnare reserves the right
to disclose any such communication or information that ViralSnare deems necessary (i) to
comply with any applicable law, regulation, legal process or governmental authority; (ii) to
respond to claims that any such data violates the rights of others; (iii) to enforce these
Terms of Service; or (iv) to protect the rights, property or personal safety of ViralSnare,
its aliates, parent, subsidiaries, suppliers and their respec- tive directors, ocers,
employees and agents and/or users of or visitors to the Site, and the public.
You also agree that ViralSnare may, in its sole discretion and without prior notice, suspend
or terminate your access to the Site and/or block your future access to the Site if we
determine that you have violated these Terms of Service or other agreements or guidelines
which may be associated with your use of the Site. You also agree that any violation by you
of these Terms of Service will constitute an unlawful and unfair business practice and will
cause irreparable harm to ViralSnare for which monetary damages would be inadequate, and you
consent to ViralSnare obtaining any injunctive or equitable relief that ViralSnare or its
counsel deems necessary in such circumstances. These reme- dies are in addition to any other
remedies ViralSnare may have at law or in equity.
If ViralSnare does take any legal action against you as a result of your violation of these
Terms of Service, ViralSnare will be entitled to recov- er from you, and you agree to pay,
all attorneys’ fees and costs of such action, in addition to any other relief granted. You
agree that Viral- Snare will not be liable to you or to any third party for termination of
your access to the Site as a result of any violation of these Terms of Service or as a
result of technical problems or modications to the Site or as otherwise required by law.
