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Terms of Service

The policies below are applicable to yourDailyfunvideo.com (the Site), operated by yourdailyfunvideo.  “We”, “us”, “our” and terms of like meaning shall refer collectively to this Site (www.yourdailyfunvideo.com) .

Please read these Terms of Service to ensure your legal, safe, and enjoyable 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, just as if you and we had signed this document.

We may update these Terms of Use to improve the Site from time to time without notice other than by posting them on this Site. All visitors have the obligation to review changes to this agreement. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of this website constitutes your agreement to be bound by these Terms of Use and the terms and conditions of our Privacy Policy, as posted on this Site, and which are incorporated herein by reference, including any changes that exist when you re-access this Site (whether or not you have chosen to register as a member of the Site). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THE PRIVACY POLICY OR ANY OTHER POSTED GUIDELINES OR RULES, THEN DO NOT USE THIS SITE.

Code of Conduct

Monitoring
We have no obligation to monitor the use of the Site. However, you acknowledge and agree that we reserve 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. Use of the Site constitutes consent to such monitoring. Furthermore, we 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 objectionable or in violation of these Terms of Service.

User Submissions

yourDailyfunvideo strongly encourages you and other users to apply for YDFV Membership. YDFV Members are allowed and encouraged to post, upload and submit video files to the Site. We will monitor all uploaded material and we reserve the right to remove any videos for any reason, particularly if the videos contain any lewd, illicit, disgusting, or otherwise unacceptable content. Additionally, all videos must be 100% original and be in compliance with the Yourdailyfunvideo Community Guidelines. The aforementioned rules apply to all User Submissions yourdailyfunvideo.   controls the rights to every piece of content available on the site.

Ownership; Licenses

However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to the Site, you hereby grant us an exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, stream, broadcast and otherwise exploit such User Submission in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites, podcast, video game consoles and services, mobile apps, video-on-demand and television. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to us. We shall own all rights, title and interest in and to all derivative works and compilations of User Submissions that are created by us, including without limitation all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by us, at our expense, to give us the full benefit of this section.

Your Responsibilities

You acknowledge that you are solely responsible for all User Submissions you upload, post or otherwise transmit using this Site. We do not endorse any User Submission or any information, opinion, recommendation, or advice expressed therein. You represent and warrant that your User Submissions (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right and will not engender any costs or payments for their use; (ii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening or obscene; (iii) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age; (iv) are not illegal and do not promote illegal or harmful activities or substances; and (v) do not contain any computer programming routines or viruses (including without limitation: time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to any Site or disable, damage or erase any portion of the content stored therein. In addition, you represent and warrant that you have obtained the written consent, release and/or permission of each person who is identifiable in each of your User Submissions to use the name and likeness of each such person in your User Submissions in the manner contemplated by these terms. Sending unsolicited advertisements or repeat bulk-style communications anywhere on a Site is prohibited.

Personal Safety

When using this Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through this 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. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

Disclaimer of Warranties

WE SOMETIMES PROVIDE LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER THIS SITE, yourdailyfunvideo NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THIS SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THIS SITE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means that you may require for the reconstruction 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 information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER

PROPERTY.

Limitation of Liability

IN NO EVENT SHALL THE SITE, yourdailyfunvideo, ITS PARENT OR SUBSIDIARY COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, OUR REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN yourdailyfunvideo OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES 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, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT yourdailyfunvideo, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Indemnification

You agree to defend, indemnify and hold harmless this Site and yourdailyfunvideo, its affiliates and their respective directors, officers, 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 (a) your access to or use of this Site; (b) your violation of these Terms of Use; (c) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (d) 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 Use or applicable law.
Child Protection Notification
This Site contains some content that might be deemed unsuitable to minors. This Site is intended for a mature audience and parents who find any material on this site unsuitable for their  are encouraged to utilize parental control services. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://kids.getnetwise.org/.

Miscellaneous

This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Site. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this agreement are material terms of this agreement and that they have been taken into account in the decision by us to provide the Site to you hereunder. You may not assign any of your rights, obligations or privileges hereunder without our prior written consent. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This agreement, the Privacy Policy and the Infringement Policy and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

Suggestions?

Yourdailyfunvideo is always open to suggestions for the Site and these terms of service. If you have an idea that you think will improve these terms of service or the Site in general, please contact us.

TERMS OF SERVICE – INSIDERS

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (hereinafter “Insider”) and yourdailyfunvideo, Inc. and its affiliates and related entities (collectively “Company”). By accessing and using this web site or any other web sites owned by Company, Insider acknowledges that Insider has read, understood and agrees to comply with the terms and conditions stated within this Agreement.  Company reserves the right to modify, change, remove or add to these terms and conditions periodically at its sole discretion. Insider’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

Proprietary Rights to Content

All materials contained on this web site are copyrighted or licensed by Company or its content suppliers except where explicitly noted otherwise. Insider acknowledges and agrees that all content including but not limited to text, software, music, sound, photographs, artwork, video, design, graphics, trailers, film/audio visual clips or other material contained in this web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Insider understands and agrees that Insider may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by a separate, fully executed license agreement by and between Insider and Company consenting to such use.   Insider may not use, export or re-export any Content, copy or adaptation of such Content offered on the site in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.  The unauthorized copying and distribution (including without limitation downloading, uploading, file serving, file “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 Company and its third party licensors and suppliers will enforce such rights to the full extent of the law. 

Insider Conduct

Insider agrees that all the information and Content downloaded, screened or accessed will be used only for informational and/or evaluation purposes. Insider acknowledges and agrees that Insider may be charged customary and reasonable fees for downloading Content, separate to and regardless of whether Insider actually licenses the Content.  Insider agrees there shall be no commercial exploitation or use, directly or indirectly, or any other unauthorized use of any Content available on this web site without a separate fully executed license agreement by and between Company and Insider authorizing same.  In case of circumvention, Insider agrees and acknowledges that a breach of this Agreement by Insider would cause Company irrevocable injury and damage that cannot be adequately compensated by damages in an action at law.  Insider therefore expressly agrees that, without limiting Company’s rights and remedies at law, including without limitation the right to seek damages for any such breach by Insider, Company 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.

No Warranty

Insider understands and agrees that any Content downloaded or otherwise obtained through the use of this web site is done at Insider’s own risk and that Insider will be solely responsible for any damage done to Insider’s computer system or loss of data that results from the download of such Content. Unless expressly stated otherwise, Company provides this site Content “as is” and without warranties of any kind, either express or implied, to the fullest extent allowable by law.  Except where prohibited by law, in no event shall Company or its suppliers be liable for any loss or damages whatsoever (including, without limitation, punitive damages, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the site or its Content, or resulting from any errors or omissions in the Content of this web site, regardless of the basis upon which liability is claimed, even if Company has been advised of the possibility of such loss or damage

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