Terms of Service
The Policies include important information and set forth the rules for use of the Site.
By using the Site, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed The Policies with your parent or legal guardian and he or she agrees to The Policies on your behalf and takes full responsibility for your compliance with them. You agree that you (or your parent or guardian, if applicable) are fully able and competent to enter into and comply with The Policies. If you are under 18 years of age, you cannot later void this agreement with CCV as a minor without losing access to your account on the Site and your parent(s) or legal guardian(s) being held responsible for your actions and any obligations you incurred while enjoying the benefits of access to the features and functions of the Site as if you were an adult.
Your experience on the Site is very important to us. We ask that all users abide by the Site’s User Guidelines when using the services provided by the Site.
Sharing Your Content and Information
You own all of the content and information you post on the Site, and you can control how it is shared through your account privacy settings, if available. In addition:
- As a registered account holder you may submit to the Site content that is covered by intellectual property rights, including text (such as user comments), software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site (“IP Content”).You understand that CCV does not guarantee any confidentiality with respect to any IP Content you submit.
- You shall be solely responsible for your own IP Content and the consequences of submitting or publishing your IP Content on the Site. By submitting IP Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all IP Content you submit.
- You agree that IP Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Site all of the IP License rights granted herein.
- You further agree you will not submit to the Site any IP Content or other material that is contrary to the Site’s User Guidelines as in effect at the time you submit, or contrary to applicable local, national, or international laws or regulations.
- CCV does not endorse any IP Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CCV disclaims any and all liability in connection with IP Content on the Site. CCV does not permit copyright infringing activities or infringement of intellectual property rights on the Site, and CCV will remove all IP Content if properly notified that such IP Content infringes on another’s intellectual property rights.CCV reserves the right to remove IP Content without prior notice.
- When you publish content or information using the “Everyone” setting in your account settings, it means you are allowing everyone, including people off of the Site to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about the Site, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
In order to access some of the features of the Site, you will have to create an account. When creating your account, you must provide real names and information. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. Notify the Site immediately at email@example.com of any unauthorized use of your account. Although CCV will not be liable for any losses you or others incur based on unauthorized use of your account, you may be liable for the losses of CCV or others due to such unauthorized use. Here are some representations and warranties you make to CCV relating to registering and maintaining the security of your account on the Site:
- You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use the Site if you are under 13 nor allow anyone under 13 to use the site through your account.
- You will not use the Site if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page you administer) to anyone without first getting our written permission.
General Use of the Service provided by the Site
- The Policies apply to all users of the Site, including users who are also contributors of IP Content on the Site.
- CCV grants you permission to access and use the Site provided that:
- You agree not to distribute in any medium any part of the Site or the IP Content without CCV’s prior written authorization, unless the Site makes available the means for such distribution through functionality of the website (like a video player).
- You agree not to alter or modify any part of the Site.
- You agree not to access IP Content through any technology or means other than a video player on the website itself.
- You agree not use the Site for any of the following commercial uses unless you obtain permission from CCV: the sale of access to the Site; the sale of advertising, sponsorships, or promotions placed on with within the Site; the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing IP Content delivered via the Site, unless other material not obtained from the Site appears on the same page and is of sufficient value to be the basis for such sales.
- In your use of the Site, you will comply with all applicable local, national, or international laws and regulations.
- CCV reserves the right to discontinue any aspect of the Site at any time
Your Use of IP Content
- The IP Content on the Site, and the trademarks, service marks and logos on the Site, are owned by or licensed to CCV, subject to copyright and others’ intellectual property rights under the law.
- All IP Content is provided “AS-IS”.You may access the IP Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under The Policies. You shall not download any IP Content unless you see a “download” or similar link displayed by the Site for that IP Content.You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any IP Content for any other purpose without the prior written consent of CCV or the licensor(s) of the IP Content.CCV and its licensors reserve all rights not expressly granted in and to the service provided by the Site and the IP Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any IP Content or enforce limitations on use of the Site or the IP content therein.
- When using the Site, you will be exposed to IP Content from a variety of sources. CCV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to IP Content on the Site.You understand and acknowledge that you may be exposed to IP Content on the Site that is 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 CCV with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless CCV, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the service provided by the Site.
If you violate the letter or spirit of The Policies, or otherwise create risk or possible legal exposure for CCV, we can stop providing all or part of the Site to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any IP Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Cypress Capital Ventures DMCA Agent (“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.
You may direct copyright infringement notifications to the Copyright Agent at Cypress Capital Ventures, Attn: DMCA Copyright Agent, P.O. Box 991, Cypress, Texas 77410, email: firstname.lastname@example.org
. For clarity, only DMCA notices should go to our Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s customer service at email@example.com
. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
Counter-Notice. If you believe that your IP 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 IP Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the IP Content that has been removed or to which access has been disabled and the location at which the IP Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the IP Content was removed or disabled as a result of mistake or a misidentification of the IP Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Harris County, Texas 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, CCV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed IP Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the IP Content provider, member or user, the removed IP Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CCV’s sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED BY THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CCV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED BY THE SITE AND YOUR USE THEREOF. CCV 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. CCV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CCV 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.
Limitation of Liability
IN NO EVENT SHALL CCV, 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 SERVICES PROVIDED BY THE SITE, (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 SERVICES PROVIDED BY THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES PROVIDED BY THE SITE 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 SERVICES PROVIDED BY THE SITE, 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 ACKNOWLEDGE THAT CCV SHALL NOT BE LIABLE FOR CONTENT 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 Site is controlled and offered by CCV from its facilities in the United States of America. CCV makes no representations that the service provided by the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CCV, 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 actions, content or information on the Site, or other use of or access to the service provided by the Site; (ii) your violation of any term of this Terms Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your IP Content caused damage to a third party. This defense and indemnification obligation will survive this Terms Policy and your use of the service provided by the Site.
Ability to Accept Terms of Service
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 this Terms Policy, and to abide by and comply with this Terms Policy. In any case, you affirm that you are over the age of 13, as the service provided by the Siteis not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
This Terms Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CCV without restriction.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms Policy or CCV exclusively in the U.S. District Court for the Southern District of Texas or a state court located in Harris County, Texas and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. CCV IS PROVIDING SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CCV IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. CCV WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WEBSITE NAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WEBSITE NAME WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CCV LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a website with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Site outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Site (such as advertising). You will not use the Site if you are prohibited from receiving products, services, or software originating from the United States.
- Although we provide User Guidelines, we do not control or direct users' actions on the Site and are not responsible for the content or information users transmit or share on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site.
- These Policies are an agreement between you and Cypress Capital Ventures LLC.
- This Terms Policy and The Policies make up the entire agreement between the parties regarding CCV, and supersede any prior agreements.
- If any portion of the Policies is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of The Policies, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under this Terms Policy to anyone else without our consent.
- All of our rights and obligations under this Terms Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Terms Policy shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Site.
Last revised: June 13, 2016