General Terms and Conditions:
These terms and conditions contain legal obligations. Please read them
1. Ownership of service:
Welcome to tcvids.com. The tcvids.com web site and all of its features
are owned by tcvids.com. The tcvids.com service may expand or change
from time to time.
2. Application of general terms and
You agree that your use of tcvids.com website is governed by these general
terms and conditions. Unless explicitly stated otherwise, any new services
shall be subject to these general terms and conditions. Additional terms
that are applicable specifically for your use of the tcvids.com services
are also set forth below (tcvids.com terms). In addition, tcvids.com
may have separate registration procedures and separate terms and conditions,
terms of service, user agreements, or similar legal agreement/s for certain
of its services. If you have entered into one or more of those agreements
with tcvids.com or otherwise “accepted” the terms of one
or more of those agreements by click accepting them on line, then the
terms of those agreements govern your use of those specific tcvids.com
services. When you are using any service or product offered by tcvids.com
that does not have a separate or additional legal agreement, these general
terms and conditions will apply. In addition, tcvids.com also may offer
certain services from time to time that are governed by the terms of
service of the respective service partners.
tcvids.com does not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected status.
Please direct any legal questions to:
Submit form at: http://www.tcvids.com/contact.htm
5. Conditions and Restrictions of Use:
You acknowledge and agree that tcvids.com may terminate and/or suspend
your access to any portion of the tcvids.com service should you fail
to comply with these general terms and conditions or any other guidelines
and rules published by tcvids.com. Any such termination or suspension
shall be in tcvids.com sole discretion and may occur without prior notice,
or any notice. tcvids.com further reserves the right to terminate or
suspend any user's access to tcvids.com or to any portion of the tcvids.com
service for any conduct that tcvids.com, in its sole discretion, believes
is or may be directly or indirectly harmful to other users, to tcvids.com
or its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state, federal,
or foreign laws or regulations. tcvids.com further reserves the right
to terminate or suspend any user's access to the tcvids.com service for
any reason or for no reason at all, in tcvids.com sole discretion, without
B. Access to content.
Please be aware that the majority of the content found on or through
tcvids.com is for general audiences, but there may be certain adult or
mature content. Where there is mature or adult content, individuals who
are less than 18 years of age or are not permitted to access such content
under the laws of any applicable jurisdiction may not access such content.
If tcvids.com learns that anyone under the age of 13 seeks to conduct
a transaction through the service, tcvids.com will require verified parental
consent, in accordance with the Children's Online Privacy Protection
Act of 1998 ("COPPA"). Certain areas of the tcvids.com service
may not be available to children under 13 under any circumstances.
C. Registration and Privacy:
Certain of the tcvids.com services will require the user to register
and provide certain data. you represent and warrant that:
(a) the information about yourself is true, accurate, current, and complete
(apart from optional items) as required by various tcvids.com registration
forms ("Registration Data") and
(b) you will maintain and promptly update the registration data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or tcvids.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, tcvids.com has the right to suspend or terminate
your account and refuse any and all current or future use of the services.
All tcvids.com registrations become the exclusive property of tcvids.com,
its affiliates, successors in interest, and subsidiaries. tcvids.com
reserves the right to use and reuse all registration and other personally
which is found at http://www.tcvids.com/policy.htm.
By using the service, you acknowledge receipt of the tcvids.com privacy
policy, including our notice regarding the privacy of children under
13 While on the tcvids.com service. Users may edit, update, alter or
obscure their personally identifiable information at any time by following
anything herein to the contrary, in connection with your use of certain
tcvids.com services, you may be asked or required to provide certain
information to tcvids.com in order to use these services. you hereby
acknowledge and agree that any information that you do provide may be
displayed in connection with your use of certain tcvids.com services
and may be shared with our partners.
For those portions of the tcvids.com service that require registration,
upon registering, you will receive a password. you are responsible for
maintaining the confidentiality of the password and ID, and are fully
responsible for all activities that occur under your password or ID.
you agree to:
(a) immediately notify tcvids.com of any unauthorized use of your password
or account or any other breach of security, and
(b) ensure that you log-out from your account at the end of each session.
tcvids.com cannot and will not be liable for any loss or damage arising
from your failure to comply with this requirement.
D. Responsibility for Minors:
In cases where you have authorized a minor to use the services, you recognize
that you are fully responsible for: (i) the online conduct of such minor;
(ii) controlling the minor's access to and use of the services; and (iii)
the consequences of any misuse by the minor. you ACKNOWLEDGE THAT SOME
AREAS OF THE TCVIDS.COM service MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE
E. Content Not Screened or Error Free:
You acknowledge and agree that by using the services, you may be exposed
to content that is offensive, indecent or objectionable. You further
acknowledge and agree that the services and the content may contain errors
or omissions. You acknowledge and agree that tcvids.com does not screen
or review published content on the service to determine whether it contains
false or defamatory material, or material which is offensive, indecent,
objectionable, or which contains errors or omissions. Under no circumstances
will tcvids.com be liable in any way for any user or other third party
content, including, but not limited to, for any defamation, falsehoods,
errors or omissions in any such content, or for any loss or damage of
any kind incurred as a result of the use or publication of any such content
posted, emailed or otherwise transmitted via the services. tcvids.com
does not guarantee that any content will be to your satisfaction. In
the event that you believe that content published on or through the tcvids.com
service contains defamatory material or otherwise is published in violation
of these terms and conditions, however, please contact us right away
F. User agreement Not to Circumvent Publishers’ Ownership Rights:
You acknowledge and agree that your rights to view the publisher content
that you access on or through the tcvids.com service are strictly limited
to the terms of those rights that you obtained in connection with your
acquisition of the content itself. Except as permitted expressly by such
rights, you may not copy, reproduce, modify, publish, transmit, transfer
or sell, maintain, retain, create derivative works from, distribute or
re-distribute, perform, link, display or in any way exploit any content
obtained through the tcvids.com service, including, without limitation,
by incorporating data and or content from the service into any e-mail,
search, catalogue, directory, or other "white pages" products
or service, whether browser-based, based on proprietary client-site applications,
web-based, or otherwise. You understand, agree and acknowledge that engaging
in any of the aforementioned conduct may constitute a crime and/or other
form of unlawful behavior for which you may be held criminally and/or
6. Prohibited Conduct:
You also agree that you will not use tcvids.com services to:
A. Upload, post, email, otherwise transmit, or post links to any content
that is unlawful, harmful, threatening, abusive, harassing, torturous,
defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy
or publicity rights, hateful, or racially, sexually, ethnically or otherwise
B. Upload, post, email, otherwise transmit, or post links to any content
that promotes illegal activity, including without limitation the provision
of instructions for illegal activity.
C. Upload, post, email, otherwise transmit, or post links to any content
that exploits the images of children under 18 years of age, or that discloses
personally identifying information belonging to children under 18 years
of age or harm minors in any other way.
D. Collect or store personally identifying information about other users
for commercial or unlawful purposes.
E. Impersonate any person or entity, including, but not limited to, a
tcvids.com official, employee, or falsely state or otherwise misrepresent
your affiliation with a person or entity or employ misleading email addresses
or falsify information in the header, footer, return path, or any part
of any communication, including emails, transmitted through the services.
F. Upload, post, email, otherwise transmit, or post links to any content
that you do not have a right to transmit under any law or regulation
or under contractual or fiduciary relationships (such as inside information,
or proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements) or upload,
post, email, otherwise transmit, or post links to any content that infringes
any patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing
to inducing or facilitating such infringement. This prohibition shall
include, without limitation, the following forms of software piracy:
i. Making available copyrighted software or other content that has had
the copyright protection removed.
ii. Making available serial numbers for software that can be used to
illegally validate or register software.
iii. Making available tools that can be used for no purpose other than
for "cracking" software or other copyrighted content.
iv. Making available any software files for which the user does not own
the copyright or have the legal right to make available.
G. Upload, post, email, otherwise transmit, or post links to any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose.
H. Upload, post, email, otherwise transmit, or post links to any material
that contains software viruses, worms, trojan horses, time bombs, trap
doors or any other computer code, files or programs or repetitive requests
for information designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
or to diminish the quality of, interfere with the performance of, or
impair the functionality of the services or tcvids.com.
I. Conduct your own contests and promotions or upload, post, email, otherwise
transmit, or post links to any content regarding any raffle, contest
or game requiring a fee by participants.
J. Interfere with or disrupt the services or servers or networks connected
to the services, or disobey any requirements, procedures, policies or
regulations of networks connected to the services.
K. Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law or use tcvids.com or the
services to sell, purchase, or offer to sell or purchase any registered
or unregistered securities, or upload, post, email, otherwise transmit,
or post links to any material that is false, misleading, or designed
to manipulate any equity, security, or other market.
L. Fail to complete any transaction after submitting an order to purchase
any goods or services, subject to any specific terms and conditions governing
such transactions, or submit any order to purchase goods or services
where you do not intend to complete the transaction.
M. Purchase any goods or services that you are prohibited from purchasing
or possessing by any law applicable to you in your jurisdiction. The
responsibility for ensuring compliance with all such laws shall be the
user's alone. By submitting an order to purchase goods or services, you
represent and warrant that you have the legal right to purchase such
goods or services.
N. Decompile, disassemble, modify, translate, adapt, reverse engineer,
create derivative works from, or sublicense any software deployed in
connection with the services.
O. Advertise, offer for sale, or sell any item you are prohibited from
advertising or selling by any applicable local, state, national, or international
law, including regulations having the force of law, or advertise, offer
for sale, or sell any of the following items:
• Any firearms, explosives, or weapons.
• Any food that is not packaged or does not comply with all laws governing
the sale of food to consumers by commercial merchants.
•Any alcoholic beverages.
•Any tobacco products for human consumption, including, without limitation,
cigarettes and cigars.
•Any items that are indecent or obscene, that are hateful or racially,
sexually, ethnically or otherwise objectionable, that contain child pornography,
that are otherwise pornographic in nature, or are harmful to minors.
•Any controlled substances or pharmaceuticals.
•Any items that are counterfeit or stolen.
•Any dangerous items.
•Any goods or SERVICES that do not, in fact, exist.
•Any registered or unregistered securities.
•Any items that violate or infringe the rights of other parties.
•Any items that you do not have the legal right to sell.
•Any items where doing so through tcvids.com or the service would cause
tcvids.com to violate any law.
You expressly acknowledge and agree that tcvids.com may preserve content
and may also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
(a) comply with legal process;
(b) enforce the terms and conditions;
(c) respond to claims that any content violates the rights of third-parties;
(d) protect the rights, property, or personal safety of tcvids.com, its
users and the public.
You acknowledge and agree that the technical processing and transmission
of the servicing, including your content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that other data
collected and maintained by tcvids.com with regard to its users may be
also may suspend or terminate any user account for any service because
of user inactivity. For example, a tcvids.com account may be terminated
or suspended if a user fails to sign-in to the tcvids.com service for
an extended period of time. What is considered "user inactivity" varies
depending on the service. If one of your accounts is suspended or terminated
for inactivity, your right to use such service immediately ceases.
7. Notice and Procedure For Making Claims
of Copyright or Intellectual Property Infringement:
tcvids.com respects the intellectual property of others. tcvids.com does
not, however, independently confirm that all content made available through
the tcvids.com service is provided by a valid rights holder. In the event
that tcvids.com becomes aware that content published on or through the
tcvids.com service has been provided by a person who is not a valid rights
holder, tcvids.com may, in appropriate circumstances and at its discretion,
disable and/or terminate the publication of such content. If you believe
that your work has been copied or published in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide tcvids.com’s Copyright agent
and/or general Counsel the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located or found on the website or service;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf. tcvids.com’s agent for
Notice of claims of copyright or other intellectual property infringement
can be reached as follows: Submit form at: http://www.tcvids.com/contact.htm
8. DISCLAIMER OF WARRANTIES:
TCVIDS.COM AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SUITABILITY, 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, TCVIDS.COM DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TCVIDS.COM DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR
ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY
LINKS PROVIDED IN THE SERVICES. TCVIDS.COM SIMILARLY DISCLAIMS, TO THE
FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TCVIDS.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY
OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. TCVIDS.COM
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. TCVIDS.COM DISCLAIMS
ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING
OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. TCVIDS.COM MAKES NO WARRANTY REGARDING THE RELIABILITY
OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED
BY TCVIDS.COM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD
OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
9. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
TCVIDS.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TCVIDS.COM
OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY
TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO
THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE TCVIDS.COM
NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL
TCVIDS.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE
IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION
EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES,
STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS,
ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions,
the foregoing limitation may not apply to you.
You agree to indemnify and hold tcvids.com and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim, damages, fees, costs or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content
you submit, post, transmit or make available through the service, your
use of the service, your violation of these terms and conditions or
any other applicable published tcvids.com usage terms, conditions,
policies, or requirements, or your violation of any rights of another.
11. Consent to Exclusive Jurisdiction,
Waiver of Objections:
These terms and conditions and the relationship between you and tcvids.com
shall be governed by the laws of the commonwealth of Wisconsin without
regard to its conflict of law provisions. You agree to submit to the
personal and exclusive jurisdiction of the courts located within the
commonwealth of Wisconsin for the adjudication of any and all claims
arising out of your use of the tcvids.com services, and you waive any
12. Modification of services and agreement:
l. tcvids.com reserves the right, at its sole discretion, to update,
change, modify, discontinue, add or remove any portion of the SERVICES
or the content, or to modify this agreement, in whole or in part, at
any time. Changes to this agreement will be effective when posted.
You agree to review this agreement periodically to be aware of any
changes. By continuing to use the SERVICES after any changes, you agree
to be bound by subsequent revisions to this agreement and acknowledge
that tcvids.com will have no liability to you as a result of any such
ll. tcvids.com consumer generated media ("CGM") terms for the
submission of consumer generated media:
In order to submit your own content to or through the tcvids.com service,
you agree to review and to be bound by these tcvids.com CGM terms in
addition to the general terms and conditions.
1. Sole Responsibility:
You are solely responsible for all video or other content you transmit
or submit to or through tcvids.com or the tcvids.com service, including
but not limited to video files, graphics, music, sound, images, files,
photos, animation, artwork, text, data, information, messages, hypertext
links, scripts or other material (collectively, "content").
tcvids.com disclaims all liability relating to your content.
2. Prohibited Conduct/Prohibited content:
As more fully described in the tcvids.com general terms and conditions,
you may not submit content that contains any pornographic, infringing,
hate-related, violent or illegal content, or code or technologies which
interfere with or maliciously degrade the intended operation, performance,
or security of the tcvids.com service or any other person’s website,
system, or personal computer.
3. tcvids.com's Ownership Rights:
tcvids.com and its licensors own all right, title and interest, including
without limitation all worldwide intellectual property rights in the
tcvids.com service. By entering into this agreement or by your participation,
you will not acquire any intellectual property or similar rights in the
4. Your Ownership Rights:
Subject to the licenses you are granting in this agreement, you retain
all right, title and interest, including without limitation all worldwide
intellectual property rights, in and to your content that is submitted
by you on or through the tcvids.com service. tcvids.com shall not acquire
any right, title or interest in or to such content, except as provided
herein. Any rights not granted by you herein are deemed retained by you.
As more fully described above, you have the right to terminate this agreement
and revoke certain licenses you are granting to tcvids.com in this agreement
with respect to all content you provide or with respect to particular
5. Your Acknowledgments:
You acknowledge that you are aware that tcvids.com may have limited ability
to prevent or identify infringement of your intellectual property. tcvids.com
assumes no responsibility for preventing or monitoring such intellectual
property rights. In addition, tcvids.com is not responsible for enforcing
your intellectual property rights or for suing or taking other legal
action against infringers.
I agree to the terms and conditions.
I am 13 years of age or older.