Vquence - Search, Sequence and Publish Video from all over the web

VQUENCE TERMS OF USE

1. ACCEPTANCE OF TERMS

Vquence ("VQUENCE") provides a collection of online resources, content and services, including, but not limited to, embedding video sequences (collectively referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By accessing the VQUENCE site or by using the Service in any way, you have agreed to comply with these TOU. In addition, when using the Service, you agree to abide by any applicable posted guidelines, which may change from time to time.

Should you object to any term or condition of these TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with VQUENCE in any way, your only recourse is to immediately discontinue use of VQUENCE.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time. Such modifications shall become effective immediately upon the posting thereof and you are required to automatically agree to the changed TOU. You must review these TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these TOU at:

http://www.vquence.com/terms/

3. WEBSITE ACCESS

VQUENCE hereby grants you permission to access and use the VQUENCE site as set forth in these TOU, provided that: (i) your access and use of the VQUENCE site and its Service as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the VQUENCE site in any medium without VQUENCE's prior written authorization in its sole descretion; (iii) you will not alter or modify any part of the VQUENCE site other than as may be reasonably necessary to use the VQUENCE site for its intended purpose; and (iv) you will otherwise comply with the these TOU of the Service.

In order to access some features of the VQUENCE Service, you may be required to create an account. You must not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify VQUENCE immediately of any breach of security or unauthorized use of your account. Although VQUENCE will not be liable for any of your damage, losses or other liability caused by any unauthorized use of your account, you will be liable for the losses of VQUENCE or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the VQUENCE site in a manner that sends more request messages to the VQUENCE servers in a given period of time than a human can reasonably produce by hand in the same period by using a conventional on-line web browser and who uses the VQUENCE servers as they are intended to be used. Notwithstanding the foregoing, VQUENCE grants the operators of public search engines permission to use spiders to copy materials from the VQUENCE site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VQUENCE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the VQUENCE site, nor to use the communication systems provided by the VQUENCE site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the VQUENCE site with respect to their "User Submissions".

4. CONTENT

VQUENCE may now or in the future provide or permit the linking from or to the Service of postings, messages, text, software, files, images, photos, videos, sounds, music or other material, collectively referred to as "the Content". You understand that regardless of where such Content is published, VQUENCE does not guarantee any confidentiality with respect to any Content or any access to or use of that Content.

You understand that VQUENCE does not control or own, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the access to and/or use of any Content, that you must not rely on any Content, and that under no circumstances will VQUENCE be liable in any way for any Content or for any loss, damage or liability of any kind incurred as a result of the access to and/or use of any Content whether posted, emailed or otherwise made available via the Service. You acknowledge that VQUENCE does not pre-screen or approve Content, but that VQUENCE shall have the right (but not the obligation) in its sole discretion to refuse, delete or move links to any Content that is available via the Service, for violating the letter or spirit of these TOU or for any other reason at VQUENCE’s absolute discretion.

VQUENCE does not endorse any Content or any opinion, recommendation, or advice expressed therein, and VQUENCE expressly disclaims any and all liability in connection with any Content. VQUENCE does not permit copyright infringing activities and infringement of intellectual property rights on or through its Site, and VQUENCE will remove links to any Content if properly notified that such Content infringes on another's intellectual property rights. VQUENCE reserves the right in its sole discretion to remove Content in whole or in part without prior notice.

You acknowledge and agree that when using the VQUENCE site, you will be exposed to Content from a variety of sources, and that VQUENCE is not responsible for the accuracy, usefulness, lawfulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, misleading, deceptive, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VQUENCE with respect thereto, and agree to indemnify and hold VQUENCE, its Owners/Operators, associates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your access to or use of the VQUENCE site.

5. LINKS TO OTHER WEBSITES

The VQUENCE site and Content available through the Service contains links to third-party Sites, which are independent of VQUENCE. VQUENCE makes no representation or warranty as to the lawfulness, accuracy, completeness or authenticity of the site, information or content contained in or accessible through any such site. Your linking to any other websites is at your own risk.

By accessing the VQUENCE site or using the Service, you hereby release and hold harmless VQUENCE, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of any third-party website. Accordingly, we encourage you to be aware when you leave the VQUENCE site and to read the terms and conditions and privacy policy of each other website that you visit.

6. THIRD PARTY CONTENT, SITES, AND SERVICES

The VQUENCE site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is independent of VQUENCE, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that VQUENCE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that VQUENCE is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VQUENCE, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that any of your Content has been copied in a way that constitutes copyright infringement, or any of your rights, which may include intellectual property rights, have been otherwise violated, please notify VQUENCE for notice of claims of copyright, intellectual property or other rights infringement at ip(at)Vquence.com

or:

Please provide us with the following information in your Notice:

a) Identify the material linked to through the VQUENCE site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

VQUENCE will remove the infringing material(s) in accordance with its then-current policies, including the procedures outlined in the Digital Millenium Copyright Act (DMCA) if applicable.

8. PRIVACY AND INFORMATION DISCLOSURE

VQUENCE has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.vquence.com/terms/privacy

Your use of the VQUENCE website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that VQUENCE may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of VQUENCE, its users or the general public.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to VQUENCE email addresses or through VQUENCE computer systems, is expressly prohibited by these TOU. Any unauthorized use of VQUENCE computer systems is a violation of these TOU and certain commonwealth and state laws.

10. LIMITATIONS ON SERVICE

You acknowledge that VQUENCE may establish limits concerning use of the Service, including the maximum number of pieces of Content search results that will be provided by the Service, the kind of Content that will be searched by VQUENCE or the libraries of Content in which VQUENCE will search. You agree that VQUENCE has no responsibility or liability for maintaining access to the libraries of Content in which it searches. You acknowledge that VQUENCE reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that VQUENCE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. ACCESS TO THE SERVICE

VQUENCE grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by VQUENCE.

A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

VQUENCE permits you to display on your website, or create a hyperlink on your website to vquences generated by the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these TOU, absent express permission granted by VQUENCE to do so. You may also create a hyperlink to the VQUENCE home page so long as the link does not portray VQUENCE, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

VQUENCE may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. VQUENCE permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'VQUENCE' as the source, (d) your use or display does not suggest that VQUENCE promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden VQUENCE's systems. VQUENCE reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by VQUENCE immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from VQUENCE.

12. TERMINATION OF SERVICE

You agree that VQUENCE, in its sole discretion, has the right (but not the obligation) to terminate its website and Service and/or to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if VQUENCE believes that you have acted inconsistently with the letter or spirit of these TOU. Further, you agree that VQUENCE shall not be liable to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
The provisions of these TOU survive termination of these TOU.

13. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of VQUENCE. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of VQUENCE, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service or any Content. VQUENCE is a registered mark in the Australian Patent and Trademark Office.

14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE VQUENCE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE VQUENCE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VQUENCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE VQUENCE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, VQUENCE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VQUENCE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE VQUENCE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VQUENCE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE VQUENCE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

The liability of VQUENCE under or in relation to any warranty or condition implied into these TOU by law which cannot be excluded in Australia, is limited to one or more of the following at the option of VQUENCE: (i) in the case of goods, the replacement or repair of the goods or payment of the cost of having the goods replaced; or (ii) in the case of services, the supply of the services again or payment of the cost of having the services supplied again.

15. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VQUENCE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VQUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE VQUENCE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE VQUENCE SITE OR THE SERVICE, FROM INABILITY TO USE THE VQUENCE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VQUENCE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VQUENCE SITE OR THE SERVICE OR ANY LINKS ON THE VQUENCE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VQUENCE SITE OR THE SERVICE OR ANY LINKS ON THE VQUENCE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

19. INDEMNITY

You agree to indemnify and hold VQUENCE, its officers, subsidiaries, associates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including all legal fees and court costs, made by any third party due to or arising out of (i) your use of or access to the VQUENCE site; (ii) Content you create, post or make available through the Service; (iii) your use of the Service; (iv) your violation of these TOU or any provision thereof; (v) your breach of any of the representations and warranties herein, or your violation of any rights of another; or (vi) any claim that any Content provided or submitted by you caused or contributed to damage to a third party.

20. GENERAL INFORMATION

These TOU constitute the entire agreement between you and VQUENCE and govern your access to VQUENCE and use of the Service, superseding any prior agreements between you and VQUENCE.

You agree that: (i) the VQUENCE site shall be deemed solely based in California, USA; and (ii) the VQUENCE site shall be deemed a passive website that does not give rise to personal jurisdiction over VQUENCE, either specific or general, in jurisdictions other than California, USA.

The TOU and the relationship between you and VQUENCE shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions. You and VQUENCE agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales, Australia. The failure of VQUENCE to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of these TOU, by flagging the posting(s) for review, or by emailing to: ip@Vquence.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22. ASSIGNMENT

The TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VQUENCE without restriction.

23. FEEDBACK

We welcome your questions and comments on this document sent to ip@Vquence.com