1. MODIFICATIONS TO THIS AGREEMENT
2. WEBSITE ACCESS
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, KOvideo hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without KOvideo's prior written authorization; (iii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iv) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; (v) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website; and (vii) you may not link to the Website without KOvideo's prior written consent.
2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the KOvideo servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. KOvideo reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in KOvideo's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
3. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification 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):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification 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 sufficient to permit the service provider to locate the material;
Information reasonably sufficient 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 notification 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.
KOvideo's designated Copyright Agent to receive notifications of claimed infringement can be contacted by visiting http://www.kovideo.net/contact.html or at . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KOvideo customer service through http://www.kovideo.net/contact.html. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is 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 Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification 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;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bucharest, Romania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KOvideo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files 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 KOvideo's sole discretion.
4. USER POSTINGS
4.1 KOvideo may, in its discretion, allow the posting of comments in certain areas of the Website. You agree that you will not: (i) publish falsehoods or misrepresentations that could damage KOvideo or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. KOvideo does not endorse any user posting or any opinion, recommendation, or advice expressed therein, and KOvideo expressly disclaims any and all responsibility or liability in connection with user posting.
4.2 KOvideo reserves the right to decide whether a user posting is inappropriate, or violates this Agreement, including without limitation, due to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. KOvideo also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, KOvideo assumes no responsibility for monitoring the Website, Content, or user postings for inappropriate conduct, or modifying or removing such conduct, Content or user postings from the Website.
5. Closing Your KOvideo Account
You may close your KOvideo account at any time by contacting KOvideo customer support.
If you attempt to register for a KOvideo account and find that someone else has already created a KOvideo account with your e-mail address, you have the option of contacting KOvideo customer service and requesting that the KOvideo account using your e-mail address be forced to change so that you may use your e-mail address as your Account.
6. THIRD PARTY WEBSITES
7. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, KOVIDEO, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER KOVIDEO NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KOVIDEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND KOVIDEO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY KOVIDEO FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. KOVIDEO MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless KOvideo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website or any Content; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user postings caused damage to a third party.
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to KOvideo that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning, if KOvideo believes that you are under 13 years of age.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL KOVIDEO, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE KOVIDEO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, KOVIDEO'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KOVIDEO FOR THE KOVIDEO SERVICES IN CONNECTION WITH THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT KOVIDEO SHALL NOT BE LIABLE FOR USER POSTINGS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the KOvideo's prior written consent. The KOvideo may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
12. Lyrics copyright
Lyrics posted in kovideo.net database are either copyrighted or in public domain. Lyrics may be in public domain if their owners decided to make them available to public, or if lyrics are old enough to become public domain. Most of the lyrics however are not in the public domain. Lyrics posted on kovideo.net are copyright of their rightful owners. We receive lyrics directly from Labels, Independent Artists, and from site visitors. All lyrics are posted in our database unless specifically requested by rightful copyright owners not to include them in our database. We believe that there is mutual interest to all parties to have lyrics posted in kovideo.net. Music listeners do not make decision not to purchase a song if they have read the lyrics. On the contrary, they may decide to purchase the song if they liked lyrics. Labels and artists get more exposure to their work, and more sales as direct result of content posted on kovideo.net. There is a link from all lyrics pages to purchase music CD from amazon.com and iTunes, contributing directly to hundreds of CDs purchased with referrals from kovideo.net. Some label companies, realizing the value of KOvideo, provide lyrics to their newest releases or debut artists to get maximum exposure in short time. If you hold the publishing rights to any music and would like to include lyrics in our database, please contact us. We are actively pursuing labels, music publishers for inclusion in our database. If on the other hand, you see lyrics in our database that you hold licensing rights for AND DO NOT WANT THEM INCLUDED in our database, contact us to exclude the lyrics from the database.
12. Videos copyright
Videos posted in kovideo.net database are either copyrighted or in public domain. Videos may be in public domain if their owners decided to make them available to public, or if videos are old enough to become public domain. Most of the videos however are not in the public domain. videos posted on kovideo.net are copyright of their rightful owners. We receive videos directly from Labels, PR companies, Independent Artists, and from site visitors. All videos are posted in our database unless specifically requested by rightful copyright owners not to include them in our database. We believe that there is mutual interest to all parties to have videos posted in kovideo.net. Music listeners do not make decision not to purchase a song if they have seen the music video for it. On the contrary, they may decide to purchase the song if they liked the video. Labels and artists get more exposure to their work, and more sales as direct result of content posted on kovideo.net. There are links in all the videos to purchase music CD from amazon.com and iTunes, contributing directly to hundreds of CDs purchased with referrals from kovideo.net. Some label companies, realizing the value of KOvideo, provide videos to their newest releases or debut artists to get maximum exposure in short time. If you hold the publishing rights to any music and would like to include videos in our database, please contact us. We are actively pursuing labels, music publishers for inclusion in our database. If on the other hand, you see video in our database that you hold licensing rights for AND DO NOT WANT THEM INCLUDED in our database, contact us to exclude the lyrics from the database.