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THE VIDEO LOAD WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Your use of The Video Load, LLC's website (the "Website") is expressly conditioned on your acceptance of the following terms and conditions. By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
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1. DEFINITIONS.
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a. "Active Period" shall mean one (1) year. The Video Load shall have the option to renew the Active period annually for additional one (1) year periods.
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b. "TVLConnect" shall mean the web based application that allows you to upload and edit video to create a Video ClipTone (video ring tone) for mobile phones.
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c. "Video Coins" shall mean virtual tokens that can be purchased in advance and stored in your account for future purchases.
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d. "Digital Media" shall mean videos and video ringtones and other such materials related to the Website.
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2. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the "Materials"),
are wholly owned by (or licensed to) The Video Load and/or its content providers. The Website contains copyrighted material,
trademarks, and other proprietary information. The Video Load owns a copyright in the selection, coordination and arrangement of the Website.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
of the Materials without the written permission of The Video Load or such other party that may own the Materials.
3. REGISTRATION. You acknowledge and agree that before you use the Website or download or upload Digital Media from the Website, you are
required to register as a member of the Website. You agree to: (i) provide true, accurate and complete information about yourself as prompted
by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current
, and complete. If The Video Load has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete,
The Video Load has the right to suspend or terminate your account and refuse any and all current or future use of the Digital Media
(or any portion thereof). You acknowledge and agree that The Video Load may rely on the Registration Data to send you important
information and notices regarding your account and our services. You acknowledge and agree that The Video Load may rely on the Registration
Data to send accounting reports requested by you in writing as set forth below. You acknowledge and agree that The Video Load shall have no
liability associated with or arising from your failure to maintain accurate Registration Data, including but not limited to your failure
to receive critical information about your account or the services.
4. Username and password.
You acknowledge that you may be required to create a username and password. You authorize The Video Load to process any and all account
transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of
your username and password and must immediately notify The Video Load of any unauthorized use of your username and password. You acknowledge
and agree that you are responsible for any unauthorized activities, charges, and/or liabilities made through the use of you username and
password. In no event will The Video Load be liable for the unauthorized use or misuse of your username and/or password.
5. USE OF WEBSITE. The Video Load grants you a non-exclusive, non-transferable, limited right to access, use and display the Website,
the Materials and upload and download the Digital Media available on the Website provided that you comply fully with these Terms and Conditions
. You agree not to interrupt, or attempt to interrupt, the operation of this Website in any way. Except for your non-commercial personal use,
the Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any
commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials may violate applicable intellectual property
laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the
materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited
from using the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the
performance of any illegal activity or other activity which infringes The Video Load's rights or the rights of others. You are prohibited
from posting, uploading, submitting and transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material
that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate
any law.
By uploading or otherwise submitting a file, Digital Media, or other information, in whole or in part, ("Contribution") to the Website and/or
to The Video Load, you automatically warrant that you are the copyright owner of the Contribution and/or have a license from the copyright
owner of the Contribution to submit such Contribution and act on behalf of the copyright owner and expressly grant to The Video Load a
perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, transmit, store, sale, and/or
distribute the Contribution (in whole or part). You similarly permit any Website user to download, reproduce, store, manipulate, view,
print and display the Contribution for that user's personal use in accordance with these Terms & Conditions. You further permit The Video
Load to reproduce, manipulate, view, print, and display Contribution in any manner for promotional purposes. You acknowledge that all
Contributions submitted to The Video Load will not be returned to you.
By downloading or otherwise retrieving a file, Digital Media, or such other information, in whole or in part, you agree to only make a
copy for personal use onto one (1) computer hard drive, one (1) video player, and burn up to three (3) copies onto a CD/DVD for each
purchase. We authorize you to make these and only these copies per purchase. To the extent that we are technologically able, our intent
is to prevent unauthorized copying. You acknowledge that The Video Load uses cookies to analyze the traffic, such as total visitors and
pages viewed on the Website, and to monitor downloading and copying per purchase. The Video Load never saves passwords or credit card
information in cookies. The use of cookies has become a standard in the industry, especially at websites that provide any kind of
personalized service. Most browsers are initially set up to accept cookies. You can usually set your browser to refuse cookies or
indicate when a cookie is being sent. If you refuse cookies, you may not be able to use some of the functionality of the Website.
The Website's advertisers and other partners may also use cookies in connection with the services and websites to which the Website links.
We do not control these cookies.
6. Contribution. You acknowledge that your Contribution will remain on the Website for a period of one (1) year or the Active Period. After
the termination of the Active Period, you acknowledge that The Video Load reserves the right to remove your Contribution from the Website.
In the event The Video Load removes your Contribution from the Website, The Video Load will notify you of your Contribution's removal by
the email address you provided in your Registration Data. You may request that your Contribution remain on the Website after the initial
Active Period. The Video Load reserves the right to refuse such request. The Video Load retains the right to remove any such Contribution
during the Active Period for any reason, particularly if, at any time, The Video Load determines that you or your Contribution violates these
Terms and Conditions.
7. AGE, GEOGRAPHIC RESTRICTIONS AND RESPONSIBILITY. You represent that you are of sufficient legal age (eighteen (18) years or older) to use the
Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. If you are not eighteen
(18) years or older, you represent that a parent or legal guardian is responsible for any binding legal obligations for any liability you may
incur as a result of the use of this Website. You represent that your use of the Website does not violate any applicable law or regulation.
You represent and warrant that you are a legal resident of the United States and that you will be accessing this Website only from the United
States. You understand that you are responsible for all uses of the Website by you and those using your login information.
8. CHILDREN UNDER THE AGE OF 13 YEARS. In accordance with the Children's Online Privacy Protection Act (COPPA), The Video Load will not
knowingly collect or accept personally identifiable information from a child under the age of thirteen (13) without a parent's or guardian's
prior consent. The Video Load will also allow the parent or guardian of a registered user under the age of thirteen (13) to review, update,
change, delete or refuse to permit further collection of any and all information collected by the Website. A child's personally identifiable
information will be treated with the same care and respect as an adult's information. To change, update, review, delete or refuse to permit
further collection of your child's information, please send an e-mail to contact@thevideoload.com
or send a letter via postal mail to:
The Video Load, P. O. Box 210328, St. Louis, MO 63121, Attn: Children's Privacy Information.
9. PRIVACY. You have read the Website Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy
are reasonable. You consent to the use of your personal information by The Video Load and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the Website Privacy Policy that is posted and accessible on the Website.
10. DIGITAL MEDIA DESCRIPTIONS. The Video Load attempts to be as accurate as possible. However, The Video Load does not warrant the Digital
Media descriptions or other content on this Website is accurate, complete, reliable, current, or error-free.
11. PAYPAL. You acknowledge that in order to purchase, download, or upload Digital Media from the Website, you must have a valid PayPal
account. For purposes of this agreement, "PayPal" is an eBay Company that enables any individual or business with an email address to send
payments online. The terms and conditions of PayPal are incorporated by reference and are posted at www.paypal.com.
12. PRICING POLICY. You acknowledge and agree to pay for the use of the Digital Media on The Video Load Website according to the amounts
listed in United States (US) dollars and/or amounts listed in Video Coins. The Video Coins must be pre-purchased from The Video Load Website
and added to your account. Video Coins expire one year from purchase date. You acknowledge that all Digital Media sales are final and
non-refundable. In consideration for the use of the Digital Media, you agree to pay The Video Load the following fees:
| Digital Media | Price |
| Video (0-4:59 minutes) | $ 1.98 |
| Video (5-15 minutes) no larger then 6 MB in size | $ 5.98 |
| Video ClipTones | $ 1.98 |
| 10 Video Coins | $ 8.90 |
| 2 Video Coins | $ 1.98 |
| 25 Video Coins | $ 20.75 |
| 65 Video Coins | $ 58.35 |
| 96 Video Coins | $ 82.05 |
13. RETURN PERCENTAGE. The Video Load acknowledges that you will receive a percentage of the sale via PayPal from third party
downloads of your Contribution. The return percentage is calculated per product per sale. You acknowledge that The Video Load reserves
the right to change the return percentage from time to time.
| Percentage of sale | Amount |
| Twenty-five percent (25%) |
$1.98-$1,000.99 |
| Thirty percent (30%) |
$1,001.00-$5,000.99 |
| Thirty-five percent (35%) |
$5,001.00 - up |
14. PAYMENT TERMS. The Video Load will pay you the return percentage each time your Contribution is downloaded by third parties via PayPal.
The payment will be transferred to your account according to the terms and conditions of PayPal. Payment of your returned percentage is
subject to any transfer fees required by the terms and conditions of PayPal.
15. RECORDS AND AUDITS. The Video Load shall keep full and accurate books of accounts containing all particulars that may be
reasonably necessary for determining the return percentage payable to you in sufficient detail to enable the accurate determination of
return percentage due during the Active Period. Said books of account shall be kept at The Video Load's principle place of business.
During the Active Period, said records shall be available to you upon written request to The Video Load, provided your Registration Data
is accurate and valid.
16. RECORDS. You may request, in writing, a report of your user account provided that your Registration Data is accurate and valid.
Upon thirty (30) days receipt of the written request, The Video Load agrees to provide you with a report of your user account to the
email address provided in your Registration Data. You are entitled to one (1) such report during the Active Period. In the event The Video
Load removes your Contribution from the Website, you will be entitled to one (1) final report of your user account.
17. NO WARRANTIES. THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND NEITHER The Video Load NOR ANY OF ITS AFFILIATES,
SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to
you by The Video Load or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any
warranty. Neither The Video Load nor any of its content providers, agents, or the like warrants that access to, or use of, the Website
will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will
meet any particular criteria of performance or quality. The Video Load, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES,
BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT The Video
Load KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT
OF THE WEBSITE. FURTHERMORE, The Video Load, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT
PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF
THE WEBSITE.
18. LIMITATION OF LIABILITY. USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR SUBMISSION,
UPLOADING, DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
The Video Load and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable under
any circumstances for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website,
and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if The Video Load has been advised of the possibility
of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance
whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. For further clarity, in all events, The Video Load and all of its
affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users
of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply
to you.
The provisions of this Section 18 and Section 17 above represent a reasonable allocation of the risks under this Agreement. The Video Load's willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.
19. INDEMNIFICATION. You agree to indemnify The Video Load and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon use your use of the Website and/or arising out of any breach or alleged breach of any of your obligations set forth herein including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights. You shall cooperate as fully as reasonably required in the defense of any claim. The Video Load reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Video Load.
20. LINKS. The Website may contain links to websites operated by parties other than The Video Load. Such links are provided for your reference only. The Video Load does not control such websites and is not responsible for their contents. The Video Load makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website's inclusion of links to other websites does not imply The Video Load's endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource
21. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions.
22. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and The Video Load nor the trade practice shall modify any provision of these Terms and Conditions.
23. MODIFICATION. The Video Load may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
24. ADDITIONAL TERMS. Additional terms and conditions may apply to other portions of the Website, and you agree to abide by such other terms and conditions.
25. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
26. INTELLECTUAL PROPERTY NOTICES. All contents of the Website are Copyright © 2006 The Video Load. The Video Load is a trademark of The Video Load, LLC. All rights reserved. Product and company names mentioned in the Website are the trademarks of their respective owners.
27. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
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