TERMS AND CONDITIONS
This Registered User Agreement sets forth the terms and conditions which apply to your use of hdvideodownload.net (the "Website") and all its affiliated and owned and operated websites and services. The right to use the Website and any other product or service offered by Digital Ingest Inc. ("DI") through the Website is personal to you and not transferable to any other person or entity. If you do not agree with the Registered User Agreement please do not use the Website.
Background & Terms
A. The Website is owned and operated by Digital Ingest Inc. ("DI").
B. The "Content" refers to all digital video files, images, audio and all other files and software made available to Website visitors. This includes visitors who have not registered and visitors who have completed the Website's registration and have been approved to use the Website's premium features offered to registered users.
C. "Registered Users" refers to anyone who has filled out the Website's registration. This includes Content Contributors and Content Partners.
D. "Visitor" is defined as anyone who visits the Website and downloads any portion of the Website or provides links or distributes any of the Website's Content without registering.
E. "Content Contributors" and "Content Partners" refers to independent producers, photographers, video photographers, graphics and animations artists, DI customers, clients and vendors that place and distribute copyrighted works on the Website.
As a Registered User, DI provides you with access to premium portions of the Website on the condition that you agree, accept and acknowledge the Terms of Use, the Registered User Agreement, Content License and Privacy Policy. If you do not agree and accept these terms, please do not use the Website. DI reserves the right, in its discretion, to change or modify all or any part of this Registered User Agreement at any time.
Visitor and Registered User Conduct
A. The Website shall be used for lawful purposes only. No material or Content shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
B. Advertising or commercial solicitation may not be posted on or transmitted through the Website by Visitor's or Registered Users.
C. The Website contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire Content of the Website is copyrighted as a collective work under the United States copyright laws. Each Website Visitor and Registered User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted Content.
D. No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Visitors or Registered Users on the Website without the express permission of the owner of the copyright, trademark other proprietary right and the burden of determining that any material is not protected by copyright rests with the Visitor or Registered User. The Visitor or Registered User shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
E. Each Visitor and Registered User hereby grants to DI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any material posted in the Website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
F. Each Registered User shall provide DI with accurate, complete and updated information as to his or her name and email address provided by Registered User at registration.
G. No Registered User may:
(i) select or use a Registered User name, password or e-mail address of another person with the intent to impersonate that person.
(ii) use a Registered User name, password or e-mail address subject to the rights of any person other than the Registered User without authorization.
(iii) use a Registered User name in violation of the intellectual property rights of any person; or (iv) use a Registered User name that DI, in its sole discretion, deems offensive.
H. The foregoing provisions of this Section are for the benefit of DI, its affiliates, and third-party Content Providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Third Party Content
The Website contains content supplied by parties other than DI. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by such parties, including information providers and Registered User, are those of the respective author(s) or distributor(s) and not of DI. Neither DI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective information provider or Registered User, and not of DI.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. EACH VISITOR AND REGISTERED USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT HIS OR HER SOLE RISK. NEITHER DI, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, WEBSITE,(OR MERCHANDISE) PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH VISITOR AND REGISTERED USER SPECIFICALLY ACKNOWLEDGES THAT DI IS NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING VISITORS AND REGISTERED USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH VISITOR AND REGISTERED USER.
D. IN NO EVENT WILL DI OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY.
E. DI NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE WEBSITE. UNDER NO CIRCUMSTANCES WILL DI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A REGISTERED USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS THE RESPONSIBILITY OF EACH REGISTERED USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE.
DI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR WEBSITE OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY VISITOR OR REGISTERED USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH VISITOR OR REGISTERED USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. F. VISITOR OR REGISTERED USER IS RESPONSIBLE FOR ENSURING THAT ANY MATERIAL PROVIDED TO DI, INCLUDING BUT NOT LIMITED TO VIDEO, TEXT, PHOTOGRAPHS AND SOUND, DOES NOT VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR ANY OTHER PERSONAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY, OR IS PROVIDED WITH THE PERMISSION OF THE OWNER(S) OF SUCH RIGHTS.
Review
DI shall have the right,in its sole discretion to edit, refuse to post or reject any material submitted to the site for publication.
Indemnification
Each Visitor and Registered User agrees to defend, indemnify, and hold harmless DI, its affiliates, and its third party service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Website by such Visitor or Registered User. Termination
DI may terminate this Agreement for any reason and at any time.
Changed Terms
DI shall have the right at any time to impose, change or discontinue its other terms and conditions applicable to use of the Website, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Website a revised version of this Registered User Agreement. Any use of the Website by the Registered User after such notice shall conclusively be deemed to constitute acceptance by the Registered User of such changes, modifications additions, or deletions. The Registered User agrees to review the terms and conditions periodically to be aware of such revisions.
Security
DI takes reasonable precautions to safeguard information transmitted between the Website and its Registered Users, however, DI is not able to prevent unauthorized access to such information by third parties. Registered Users acknowledge this risk when communicating with the Website.
Privacy
See Digital Ingest Privacy Policy
Miscellaneous
This Registered User Agreement and any operating rules for the Website established by DI constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Registered User Agreement shall be construed in accordance with the laws of the State of Texas, County of Travis, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The subject headings used herein are for convenience only and shall not be given any legal import.
Background & Terms
A. The Website is owned and operated by Digital Ingest Inc. ("DI").
B. The "Content" refers to all digital video files, images, audio and all other files and software made available to Website visitors. This includes visitors who have not registered and visitors who have completed the Website's registration and have been approved to use the Website's premium features offered to registered users.
C. "Registered Users" refers to anyone who has filled out the Website's registration. This includes Content Contributors and Content Partners.
D. "Visitor" is defined as anyone who visits the Website and downloads any portion of the Website or provides links or distributes any of the Website's Content without registering.
E. "Content Contributors" and "Content Partners" refers to independent producers, photographers, video photographers, graphics and animations artists, DI customers, clients and vendors that place and distribute copyrighted works on the Website.
As a Registered User, DI provides you with access to premium portions of the Website on the condition that you agree, accept and acknowledge the Terms of Use, the Registered User Agreement, Content License and Privacy Policy. If you do not agree and accept these terms, please do not use the Website. DI reserves the right, in its discretion, to change or modify all or any part of this Registered User Agreement at any time.
Visitor and Registered User Conduct
A. The Website shall be used for lawful purposes only. No material or Content shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
B. Advertising or commercial solicitation may not be posted on or transmitted through the Website by Visitor's or Registered Users.
C. The Website contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire Content of the Website is copyrighted as a collective work under the United States copyright laws. Each Website Visitor and Registered User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted Content.
D. No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Visitors or Registered Users on the Website without the express permission of the owner of the copyright, trademark other proprietary right and the burden of determining that any material is not protected by copyright rests with the Visitor or Registered User. The Visitor or Registered User shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
E. Each Visitor and Registered User hereby grants to DI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any material posted in the Website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
F. Each Registered User shall provide DI with accurate, complete and updated information as to his or her name and email address provided by Registered User at registration.
G. No Registered User may:
(i) select or use a Registered User name, password or e-mail address of another person with the intent to impersonate that person.
(ii) use a Registered User name, password or e-mail address subject to the rights of any person other than the Registered User without authorization.
(iii) use a Registered User name in violation of the intellectual property rights of any person; or (iv) use a Registered User name that DI, in its sole discretion, deems offensive.
H. The foregoing provisions of this Section are for the benefit of DI, its affiliates, and third-party Content Providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Third Party Content
The Website contains content supplied by parties other than DI. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by such parties, including information providers and Registered User, are those of the respective author(s) or distributor(s) and not of DI. Neither DI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective information provider or Registered User, and not of DI.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. EACH VISITOR AND REGISTERED USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT HIS OR HER SOLE RISK. NEITHER DI, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, WEBSITE,(OR MERCHANDISE) PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH VISITOR AND REGISTERED USER SPECIFICALLY ACKNOWLEDGES THAT DI IS NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING VISITORS AND REGISTERED USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH VISITOR AND REGISTERED USER.
D. IN NO EVENT WILL DI OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY.
E. DI NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE WEBSITE. UNDER NO CIRCUMSTANCES WILL DI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A REGISTERED USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS THE RESPONSIBILITY OF EACH REGISTERED USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE.
DI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR WEBSITE OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY VISITOR OR REGISTERED USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH VISITOR OR REGISTERED USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. F. VISITOR OR REGISTERED USER IS RESPONSIBLE FOR ENSURING THAT ANY MATERIAL PROVIDED TO DI, INCLUDING BUT NOT LIMITED TO VIDEO, TEXT, PHOTOGRAPHS AND SOUND, DOES NOT VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR ANY OTHER PERSONAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY, OR IS PROVIDED WITH THE PERMISSION OF THE OWNER(S) OF SUCH RIGHTS.
Review
DI shall have the right,in its sole discretion to edit, refuse to post or reject any material submitted to the site for publication.
Indemnification
Each Visitor and Registered User agrees to defend, indemnify, and hold harmless DI, its affiliates, and its third party service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Website by such Visitor or Registered User. Termination
DI may terminate this Agreement for any reason and at any time.
Changed Terms
DI shall have the right at any time to impose, change or discontinue its other terms and conditions applicable to use of the Website, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Website a revised version of this Registered User Agreement. Any use of the Website by the Registered User after such notice shall conclusively be deemed to constitute acceptance by the Registered User of such changes, modifications additions, or deletions. The Registered User agrees to review the terms and conditions periodically to be aware of such revisions.
Security
DI takes reasonable precautions to safeguard information transmitted between the Website and its Registered Users, however, DI is not able to prevent unauthorized access to such information by third parties. Registered Users acknowledge this risk when communicating with the Website.
Privacy
See Digital Ingest Privacy Policy
Miscellaneous
This Registered User Agreement and any operating rules for the Website established by DI constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Registered User Agreement shall be construed in accordance with the laws of the State of Texas, County of Travis, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The subject headings used herein are for convenience only and shall not be given any legal import.
