Terms of Use

A. By using and/or visiting this website (collectively, including all content and functionality available through the avijax.comdomain name, the "Avijax Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Avijax’s privacy notice, found at http://www.avijax.com/privacy.php and incorporated here by reference, and also incorporated here by reference. If you do not agree to any of these terms, or the Avijax privacy notice, please do not use the Avijax Website, or the services offered by Avijax, free or fee based made available to you by Avijax.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.avijax.com/conditions.php). Avijax may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

A. These Terms of Service apply to all users of the Avijax Website and Avijax services, including users watch or pay to watch videos (customers), or who are also contributors of video content, information, and other materials or services on the Website (publishers). The Avijax Website includes all aspects of Avijax, including but not limited to all products, software and services offered via the website such as the Avijax demonstration websites, the Avijax "Embeddable Player," the Avijax "Uploader" and other applications.
B. The Avijax Website may contain links to third party websites that are not owned or controlled by Avijax. Avijax has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Avijax will not and cannot censor or edit the content of any third-party site. By using the Website, and Avijax services you expressly relieve Avijax from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Avijax Website and to read the terms and conditions and privacy policy of each other website that you visit.

A. In order to access some features of the Website, you will have to create an Avijax “publisher” and/or “customer” account. You may never use another'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 your account, and you must keep your account password secure. You must notify Avijax immediately of any breach of security or unauthorized use of your account.

B. Although Avijax will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Avijax or others due to such unauthorized use.
C. By signing up for an Avijax account you are agreeing to receive emails for time to time in regards to but not limited to Avijax updates, promotional offers, press releases, and offers from our marketing partners that Avijax deems relevant. Any emails regarding 3rd party products or services will be sent from Avijax. Avijax does not share and will not your email address with any 3rd parties unless needed to by law. For more information regarding our contact with you visit our privacy policy located at www.avijax.com/privacy.php.

Avijax hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to Publisher Submissions (defined below), without Avijax's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Avijax's Embeddable Player or any of its related technologies.
C. You agree not to access Publisher Submissions (defined below) or Avijax Content through any technology or means other than the video playback pages of the Website itself, the Avijax Embeddable Player, or other explicitly authorized means Avijax may designate.
D. You agree not to copy or record Publisher Submissions (defined below) or Avijax content through any technology or means.
E. You agree not to use the Website, including the Avijax Embeddable Player for any commercial use, without the prior written authorization of Avijax. Prohibited commercial uses include any of the following actions taken without Avijax's express approval:
    * sale of access to the Website or its related services (such as the Embeddable Player) on another website;
    * use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    * the sale of advertising, on the Avijax website or any third-party website, targeted to the content of specific Publisher Submissions or Avijax content;
    * and any use of the Website or its related services (such as the Embeddable player) that Avijax finds, in its sole discretion, to use Avijax’s resources or Publisher Submissions with the effect of competing with or displacing the market for Avijax, Avijax content, or its Publisher Submissions.
F. Prohibited commercial uses do not include:
    * uploading an original video to Avijax

    * using the Embeddable Player to show Avijax videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Avijax;
    * any use that Avijax expressly authorizes in writing.
    * any use that Avijax expressly authorizes in the Avijax Affiliate Program Guidelines which may be found at http://avijax.com/affilliate.php

G. If you use the Avijax Embeddable Player on your website, you may not modify, build upon, or block any portion of the Embeddable Player in any way.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Avijax servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Avijax grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Avijax 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 Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Publisher Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
J. Avijax reserves the right to discontinue any aspect of the Avijax Website at any time.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Avijax Website.
A. The content on the Avijax Website, except all Publisher Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Avijax, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Avijax reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Publisher Submissions solely:
    * for your information and personal use;

    * as intended through the normal functionality of the Avijax Service; and
    * for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Avijax Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. You may access Avijax Content, Publisher Submissions and other content only as permitted under this Agreement. Avijax reserves all rights not expressly granted in and to the Avijax Content and the Avijax Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Publisher Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Avijax Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Avijax Website or the Content therein.
F. You understand that when using the Avijax Website and its services, you will be exposed to Publisher Submissions from a variety of sources, and that Avijax is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Publisher Submissions. You further understand and acknowledge that you may be exposed to Publisher Submissions that are inaccurate, 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 Avijax with respect thereto, and agree to indemnify and hold Avijax, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

A. As an Avijax publisher you may submit video content ("Publisher Videos") and textual content ("Publisher Comments"). Publisher Videos and Publisher Comments are collectively referred to as "Publisher Submissions." You understand that whether or not such Publisher Submissions are published, Avijax does not guarantee any confidentiality with respect to any Publisher Submissions.

B. You shall be solely responsible for your own Publisher Submissions and the consequences of posting or publishing them. In connection with Publisher Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Avijax to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Publisher Submissions to enable inclusion and use of the Publisher Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Publisher Submissions. However, by submitting Publisher Submissions to Avijax and setting its attributes as “Pay-Per-View False” (meaning that the videos is free and does not require a log in to view), you hereby grant Avijax a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Publisher Submissions in connection with the Avijax Website and Avijax's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Avijax Website (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Publisher Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Avijax Service. You understand and agree, however, that Avijax may retain, but not display, distribute, or perform, server copies of Publisher Submissions that have been removed or deleted. The above licenses granted by you in Publisher Comments are perpetual and irrevocable.
D. You also hereby grant each user of the Avijax Website a non-exclusive license to access your Publisher Submissions through the Avijax Affiliate Program, and to use, reproduce, distribute, display and perform such Publisher Submissions as permitted through the functionality of the Website and under these Terms of Service and the Avijax Publisher Policy located at www.avijax.com/affiliate.php.

E. In connection with Publisher Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Avijax all of the license rights granted herein.
F. You further agree that you will not, in connection with Publisher Submissions, submit material that is contrary to the Avijax Terms of Use, found at http://www.avijax.com/conditions.php, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

G. Avijax does not endorse any Publisher Submission or any opinion, recommendation, or advice expressed therein, and Avijax expressly disclaims any and all liability in connection with Publisher Submissions. Avijax does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Avijax will remove all Content and Publisher Submissions if properly notified that such Content or Publisher Submission infringes on another's intellectual property rights. Avijax reserves the right to remove Content and Publisher Submissions without prior notice.
H. Publishers are allowed to only use their Publisher account for their own content and are not allowed to resell the service to others.

A. Avijax Publisher Accounts has a monthly-based fee structure. Every Avijax Publisher account will be charged at $50 per user plus $5 per Gigabyte of storage and $5 per Gigabyte of bandwidth. All usage will be rounded up to the nearest Gigabyte and usage will start over at the beginning of every month. There is no “rollover” storage or bandwidth. Storage is defined as the amount of megabytes of data that you have stored on the server (There are 1000 megabytes in a gigabyte). Bandwidth is defined as the amount of megabytes that are uploaded to our server to you Avijax publisher account, or streamed from our server to your customers. Avijax has the right to change the pricing at and time. All publishers will be notified by email 30-days prior to any pricing changes.
B. Avijax Publisher Users will be billed on the same day of the every month for the service fee for the upcoming month, and the prior months usage. If the credit card is declined for any reason the Publisher account will be put into a 30-day grace period, which the publisher is responsible for the service fee and all usage that occurs during the grace period. The publisher may cancel their account any time by logging into the account section of their publisher admin section. The publisher credit card will be billed at that time for all monies due. At the end of the 30-day grace period the Publisher’s account shall be suspended.

C. Avijax shall use the credit card on file in a Publishers account as the primary source for collect monthly fees. If that card is declined and the account is out of the grace period, the Publisher gives Avijax the right to collect the owed balance by using any credit card on file in another customer or publisher account of the same ownership.
D. Avijax is in charge of handling all payments to Avijax for Publisher usage, and to the Publisher from its customers. Avijax will charge the publisher’s fees to the publisher’s credit card on file. Avijax will charge the customers credit card on behalf of the publisher and then will deposit the money into the publishers PayPal account. The publisher will provide the PayPal account to us. Avijax will deduct 30 cents ($0.30) per transaction, and five percent (5%) of the transaction total to cover the transaction cost, and then deposit the money. Avijax is not responsible for fraud or other circumstance lawful or unlawful that may result in a loss of revenue for the publisher. Avijax has the right to charge the publisher credit card to recoup the loss if the publisher does not issue a refund within 7 days of notice from Avijax.
E. Avijax Customers need to set up separate accounts for each Publisher they wish to purchase from. This may result in multiple accounts being opened by the same customer under the same email address. We may in the future consolidate all user accounts into one. At the time of consolidation if there are multiple credit cards on file then they will all be visible and each card will still be associated with the publisher it was set up with.

A. Avijax will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Avijax reserves the right to decide whether Content or a Publisher Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Avijax may remove such Publisher Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. Avijax may delete Publisher Submissions when an account is canceled, the trail period has expired, an account has been suspended for non-payment and has exceed the grace period.

A. If you are a copyright owner or an agent thereof and believe that any Publisher Submission or other 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.

Send notifications of claimed infringement to: Avijax Copyright Department, 3140 Ramrod Street, Las Vegas, NV 89108, email: copyright@avijax.com, fax: 877-202-0005. 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 Avijax customer service through http://www.avijax.com/feedback-145.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.

B. Counter-Notice. If you believe that your Publisher Submission 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 content in your Publisher Submission, 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 Las Vegas, Nevada, 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, Avijax 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 Avijax's sole discretion.

YOU AGREE THAT YOUR USE OF THE AVIJAX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AVIJAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AVIJAX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 AVIJAX WEBSITE. AVIJAX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AVIJAX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AVIJAX 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL AVIJAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AVIJAX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT AVIJAX SHALL NOT BE LIABLE FOR PUBLISHER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Avijax from its facilities in the United States of America. Avijax makes no representations that the Avijax Website is appropriate or available for use in other locations. Those who access or use the Avijax Website and its services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Avijax, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Avijax Website; (ii) your violation of any term of these Terms of Service; (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 Publisher Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Avijax Website.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Avijax Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Avijax Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Avijax without restriction.

You agree that: (i) the Avijax Website shall be deemed solely based in Nevada; and (ii) the Avijax Website shall be deemed a passive website that does not give rise to personal jurisdiction over Avijax, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and Avijax that arises in whole or in part from the Avijax Website shall be decided exclusively by a court of competent jurisdiction located in Clark County, Nevada. These Terms of Service, together with the Privacy Notice at http://www.avijax.com/privacy.php and any other legal notices published by Avijax on the Website, shall constitute the entire agreement between you and Avijax concerning the Avijax Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Avijax's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Avijax reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Avijax Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND AVIJAX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AVIJAX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.