eVideoShare.com Terms of Use
Welcome to eVideoshare.com ("eVideoshare.com"), a website owned and operated by CPAD, Inc. By using eVideoshare you agree to the
following Terms of Service. Please read them carefully.
1. Acknowledgment and Acceptance of eVideoshare Service Terms of Use
Welcome to the eVideoshare. eVideoshare is pleased to provide you access to our Video Sharing Website (the "Site") and our eVideoshare
Client ("Software") through which we strive to provide you the best online video sharing. This Terms of Service Agreement is between
you (the "Member or user" as defined herein) and eVideoshare and sets forth the terms and conditions governing your use of the Site
and the Software
BY USING SOFTWARE AND OUR SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
eVideoshare reserves the right to change these terms and conditions at any time. The changes will appear on this screen and are
effective immediately. If you do not agree with any of the terms or conditions contained in this Agreement or with any future change
to this Agreement, do not use the Site or do not continue to use the Site after such change has been implemented.
2. THE eVIDEOSHARE SERVICE
eVideoshare provides its Members with the capability to upload, manage and share online video albums via the World Wide Web (the
"Service") but only by registering to our Service. The video clips in the albums are videos provided by you. We provide you with a
copy of our eVideoShare Client software for use on your own computer, which you are free to copy as many times as you like for your
own personal use. eVideoshare continually improves the eVideoShare Client software and the Site and you are entitled to those
improvements for as long as you maintain your registration account. However there may be some benefits that may be available to paid
subscription members only. As part of the service, eVideoshare stores copies of your video clips and other album information, as well
as information relating to who you shared it with, how many times it was played, ratings, comments and other information in its
computer servers.
In order to use the Service, you must be able to access the World Wide Web. This may include access to a computer, modem or any other
necessary equipment. eVideoshare does not provide Internet access, and is not responsible for the payment of fees associated with
establishing or maintaining such access.
3. USER NAME AND SECURITY OF REGISTRATION INFORMATION
To register as a Member of the Service you must be 18 years or over. Only a registered member of the service can upload, store and manage
videos albums. In addition, you must provide eVideoshare with certain information in order to register for the Service (the
"Registration Information"). This Registration Information currently requires you to submit the following items a) a Log-in Id b) a
password, c) a valid email address, d) First name and last name , your billing address and payment details if you choose to join in
the paid subscription.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and
complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially
important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
If any Registration Information provided by you is untrue, inaccurate, or not current or incomplete, eVideoshare has the right to
terminate your account and refuse you any and all current or future use of the Service.
eVideoshare reserves the right to refuse service to anyone for any reason at any time.
The Log-in ID and password you will be required to select during the registration process should be unique and you are responsible for
maintaining the confidentiality of your user name and password and for any and all activities that occur under your password or
account.
You agree to immediately notify eVideoshare of any unauthorized use of your account or any other security breach known to you. All
registration passwords selected by you are encrypted on the eVideoshare servers. eVideoshare encrypts user registration passwords
using a one-way hash and has no access to user registration passwords, and forgotten or stolen passwords are the sole responsibility
of users of the Service. You may request a new password to be issued, which will be emailed to your email account of record.
4. VIDEO SUBMISSIONS
eVideoshare considers the video that you (Members) share with the Service to be your private information. eVideoshare will not edit or
disclose information about you or your private content, except that you agree that eVideoshare may in accordance with its
then-current privacy policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules
or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates
the rights of third parties; (e) to protect the interests of eVideoshare or others and (f) may convert your videos to a suitable
format and size from time to time depending on our technical capabilities and storage capacities.
You acknowledge and agree that eVideoshare may access all video, data and other tools of the Service as necessary to identify or resolve
technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is
and may be required in the ordinary course of business.
In order to use the Service, you hereby agree to abide by the current eVideoshare privacy policy, located at
Privacy Policy . Such standards govern the types of video that you can and cannot store
and share using the Service, as well as the maintenance and use of such information.
You acknowledge and agree that eVideoshare is not responsible or liable for the pictures, videos, content, and usage of your online video
albums. You agree not to store or share through the Service or the Site, among other items: payment details or financial or credit
histories of individuals; social security numbers; sexually explicit, pornographic, harassing, abusive, harmful or obscene photos,
video or information; information on an individual's health status; racist or sexist photos or video; stolen or fraudulent photos or
video; photos, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that
infringes on the intellectual property rights of another third party; or any otherwise illegal information.
Registered members of our Service may upload videos for two different types of viewers, general public and private friends and family.
Public videos are those which will be both visible and viewed by any members of the public browsing our site whilst, private videos
are those which can be viewed only by those with whom you share the link to the videos. Whilst, eVideoshare takes care to maintain
the privacy of your private videos, you must exercise caution in sharing your links with others, since eVideoshare does not monitor
the distribution of your links to private videos by either you or others.
You may link your uploaded Public videos to other sites/blogs/groups for non-commercial use only. However we urge you to exercise caution
whilst sharing your videos with others - i.e. share only with those that they trust.
You further agree and acknowledge that by uploading videos on to the website, the videos may start appearing in search engine results in
the future.
You also agree that eVideoshare reserves the right to add or link advertisements (video or other) to your videos. You agree to notify
eVideoshare while uploading your video submissions, by using the functionality of the website, the adult-rating of your video
enabling us to provide appropriate filter settings thus allowing the users the choice to view or not to view Adult videos.
eVideoshare may monitor these ratings both systematically as well as manually and change the setting based on our sole discretion.
Further, as a part of promotion of our service, we may make statement regarding bandwidth provided for both free accounts as well as paid
account, however since we have no way of accurately measuring the bandwidth usage, you agree that such statements are just mere
approximation and not the exact measurement.
5. USER SUBMISSIONS
A. eVideoshare may now or in the future permit the submission of comments, ideas, ratings, suggestions and questions submitted by you and
other users, whether registered or not ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are published, eVideoshare does not guarantee any confidentiality with respect
to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with
User Submissions, you affirm, represent and/or warrant that: your User Submissions are (a) originated or owned by you, (b) submitted
with the express permission of the owner, or (c) are in the public domain. You are prohibited from submitting or transmitting to or
from the Site any unlawful, threatening, libelous, defamatory, obscene, or pornographic materials that would violate any law or the
rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in
restricting or limiting your access or use of the Site. However, by submitting the User Submissions to eVideoshare, you hereby grant
eVideoshare a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license
to use, reproduce, display, perform, modify, transmit and distribute such User Submissions on an unrestricted basis eVideoshare and
eVideoshare 's (and its successor's) business, including without limitation for promoting and redistributing part or all of the
eVideoshare (and derivative works thereof) in any media formats and through any media channels.
C. eVideoshare does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and eVideoshare
expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User
Submission that allegedly does not conform to this Agreement, eVideoshare may investigate the allegation and determine in good faith
and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity,
eVideoshare does not permit copyright infringing activities on its Website, and reserves the right to terminate access to the
Website, and remove all Content submitted, by any persons who are found to be repeat infringers.
7. MODIFICATION OF SERVICE
At any time, eVideoshare may decide to modify, suspend, alter or terminate Service provided to you for any reason. eVideoshare will make
any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge
that eVideoshare reserves this right and agrees that eVideoshare will not be responsible for any modification or discontinuation of
the Service.
8. TERMINATION OF SERVICE
You agree that eVideoshare may terminate your password, account or use of the Service and, in eVideoshare's discretion, terminate your
use of eVideoshare's other services for any reason, at its sole discretion, including, without limitation, if eVideoshare believes:
(a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with eVideoshare's privacy
policy or (c) that you have violated the rights of eVideoshare or other users or parties or (d) that your account is not in good
standing with respect to the payment of subscription fees.
You may choose to cancel your account with eVideoshare at any time by emailing eVideoshare at cancellation@eVideoShare.com .
eVideoShare requires that your cancellation request is received from your registered email address (the email address you
used to register with eVideoShare.com). Also required is your eVideoShare user-id. A reason for cancellation can
be provided. A cancellation initiated by you will be called a voluntary termination. Yearly subscription fees,
once paid, are not refundable. Once your account is cancelled all your videos stored and other data relating to your
account will be immediately deleted. We therefore advise you to create back-up copies of all your videos and other data
before initiating any cancellation request.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice,
and you further acknowledge and agree that eVideoshare may immediately delete and discard all information and files in your account
and bar any further access to such files or the Service. In either case on termination, eVideoshare will not provide image or video
data to you.
9. LIMITATION OF LIABILITY
eVIDEOSHARE WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE
SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR
INTERRUPTION OF TRANSMISSION. eVIDEOSHARE WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA,
INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT eVIDEOSHARE IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE,
REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS
DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN
LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
10. GENERAL DISCLAIMER
eVIDEOSHARE PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
eVIDEOSHARE FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. eVIDEOSHARE DOES NOT WARRANT UNINTERRUPTED OR
ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY
OF YOU. eVIDEOSHARE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION
WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
11. NO RESALE OF THE SERVICE. NON-COMMERICIAL USE.
Your right to use the Service is personal to you and you may not resell all or any portion of the Service. This service is intended for
non-commercial use. It may be used for commercial use provided you stay within the terms of service and other usage limits, described
below. You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service. You may not
sell or give away copies of the eVideoShare Client software.
12. DATA STORAGE
You understand and agree that all video shared using the Service will be stored on eVideoshare's servers . EVideoshare assumes no
responsibility for the deletion or failure to store any data or other information included by you on the Service. There will be
Network traffic limit as well as storage limit imposed on each user account depending on whether you are on Free account or
different tiers of paid subscription plans.. This limit is intended to serve the needs of consumers and may be increased or decreased
from time to time as eVideoshare understands general trends in usage. As eVideoshare determines in its sole discretion, additional
network bandwidth and storage may be purchased for a fee. You will not be charged any fees for additional network bandwidth and/or
storage without prior consent.
We currently do not have any limits on the size of specific Video movie clips like AVI, MPEG etc but however, all video clip
irrespective of their types are subject to account storage size.
13. YOUR CONDUCT
You agree to abide by all eVideoshare standards and applicable local, state, national and international laws and regulations in your use
of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely
responsible for your actions and the contents of your entries through the Service. You agree not to impersonate any person or entity,
including but not limited to a eVideoshare official, or falsely state or otherwise misrepresent your affiliation with a person or
entity.
You must be at least 18 years of age to register with eVideoshare and at least 13 years of age to browse the site subject to and under
the parental or legal guardian supervision.
You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service;
(2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt
networks connected to the Service; (5) not to use the Site or the Service for chain letters, junk mail, "spamming" solicitations
(commercial or otherwise) or bulk communications of any kind and (6) to comply with all regulations, policies and procedures of
networks connected to the Service.
You agree not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature.
You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offence, give rise to
civil liability or otherwise violate any applicable local, state, national or international law or regulation. eVideoshare may, at
its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and
conditions.
14. COPYRIGHT AGENT
We respect to the intellectual property of others, and we ask our users to do the same. If you believe that your information or any other
material has been used on the Site in a manner that constitutes copyright infringement or violation of your intellectual property
rights please provide our Copyright Agent with a written notice (e-mail is sufficient - email to copyright@eVideoShare.com) that includes
the following information:
a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly
infringed;
b) identification of the copyrighted work or other intellectual property claimed to have been infringed;
c) a description of where the material that you claim is infringing is located on the Site;
d) your address, telephone number, and e-mail address;
e) a statement by you that have a good faith belief that the disputed use is not authorized by f) the copyright owner, its agent, or the
law;
g) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf;
Our Copyright Agent for notice of claims of copyright infringement on this Site is copyright@evideoshare.com
15. INDEMNIFICATION
You agree that eVideoshare will not be held responsible for any claims, damages, demands or fees arising out of your violations of these
terms and conditions, eVideoshare's privacy policy or infringements on the rights of any third parties as a result of your use of the
Site or the Service. You also agree to indemnify eVideoshare and its officers, directors, employees, agents, and partners for any and
all claims that may arise.
16. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or
other material contained in sponsor advertisements or other information presented to you through the Site or Software ("Content") is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this
Content as expressly authorized by eVideoshare, and may not copy, reproduce, distribute, or create derivative works from this Content
without express authorization.
17. THIRD-PARTY WEBSITES AND LINKS TO THE SITE
eVideoshare does not review or monitor any websites linked from your albums or linked to video from other websites/blogs and is not
responsible for the content of any such linked web sites. Your linking to such websites is at your own risk. In the event that the
users wishes to create a link from a third party site onto the videos uploaded on our site, you agree to use the links provided by
eVideoshare and refrain from using generic urls from the address bar. Further also due to difference in technologies between the
sites, we cannot guarantee that the links provided will always work.
18. SYSTEM INTEGRITY
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any
transaction conducted on our Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our
infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
You may also not abuse the site by creating multiple free accounts using different email address The Site contains robot exclusion
headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web
pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the proper working of the Site.
19. GOVERNING LAW
The laws of the State of New Jersey shall govern this Agreement and the relationship between you and eVideoshare. You agree that any
grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or
action related to the Service or this Agreement must be filed within one (1) year after such claim arose. The headings used to
describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal
description or obligation.
20. CONTACT INFORMATION
Any questions or comments can be directed to: termsofservice@eVideoShare.com