videopong General Terms and Conditions

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY VIDEOPONG.NET (.VIDEOPONG.). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.VIDEOPONG.NET AND THE SERVICE OWNED AND OPERATED BY VIDEOPONG.

BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE.

Preamble

1. videopong is based in Zürich / Switzerland (CH).

2. videopong is a video platform and works as neutral service provider. The aim is to build a community for vjs and video artists to share their own video footage.

3. videopong.s approach is to start where creativity, video or any kind of art is being made, but also to consider the interests of all kinds of video artists.

4. videopong also allows some curatorial work to be done by the users and videopong administators.

5. All guests and users of videopong can watch clips, find information, contact interesting artists, participate in contests or raffles and discover new video footage, artists and much more.

6. The basic services are free.

7. videopong reserves the right to require payment of fees for certain features of the service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the site in connection with such features. videopong reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the site. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.

8. As a registered user, you accept the terms and conditions of videopong.

9. These terms and conditions rule the relationship between videopong (as provider), registered users and third parties or partners of videopong.

General Terms

10. There is no general right of access to the platform of videopong. The usage of videopong happens at your own risk. You are fully liable for any damage resulting from the use of the system.

11. As a condition of use, you promise not to use the service for any purpose that is prohibited by the terms of use. You are responsible for all of your activity in connection with the Service.

12. For purposes of the terms of use, the term .content. includes, without limitation, any user submissions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by videopong or its partners on or through the service.

Privacy

13. Protection of your privacy is an important concern of videopong. Privacy protection information can be found in the separate privacy policy.

14. The privacy regulations are available online at any time.

Registration

15. videopong can be used by anyone interested in the services videopong provides. Some services are restricted to registered users. Registration is free. videopong reserves the right to implement premium services.

16. videopong reserves the right to refuse registration of, or cancel any User ID and/or domain at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your videopong password. You shall never use another user.s account without such other user.s expressed permission. You will immediately notify videopong in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

17. For registration, you need a valid e-mail adress. You can choose your own username. Fictional names are allowed as well, but you are not allowed to use the name of someone else.

18. To avoid any misuse, your registration process is not finished until a confirmation is sent by e-mail

19. As soon as the registration process is finished, the agreement between you and videopong regarding the use of the platform is concluded.

20. Further profile settings can be made by you after your registration on the platform. For several services, some mandatory and possibly privacy-sensible fields need to be filled properly. You can set the visibility of such mandatory and privacy-sensitive fields in your user settings.

21. videopong can reject a registration without any reason.

22. Identification of users on the Internet is not possible in any case. Therefore videopong does not guarantee the validity of a given identification. If you wish to verify the identity of another user, you must do so yourself.

Delete an Account

24. An account on videopong can be deleted at any time without any expressed reason. No deadlines have to be observed in deleting an account.

25. Your account will be completely removed as soon as you have clicked the .delete my account. button and confirmed deletion.

26. If your account is deleted, your personal information will be removed from the databases permanently. Any of your data, contributions or contents will be removed upon choice forever from videopong servers. videopong is not responsible for and can not remove any data stored from its site by third party servers such as search engines, blogs or any other website or server.

Restrictions & Safety

27. You are not allowed to affect the operability of videopong by technical activities such as, for example, executing scripts, hacking, distributing any malware, etc.

28. The distribution of any discriminatory, offensive, racist, pornographic, violent or other illegal data or statements on the videopong platform is not allowed.

29. You are not allowed to distribute any illegal advertisements, political statements, mass mailings, chain letters or illegal contests.

30. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any user submission that:

- you know is false, misleading, untruthful or inaccurate;

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another.s privacy, tortious, obscene, offensive, or profane;

- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (.spamming.);

- involves commercial activities and/or sales without videopong.s prior written consent (such as contests, sweepstakes, bartering, advertising, or pyramid schemes);

- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of videopong or any third party.

31. videopong does its best to keep the website safe, but cannot guarantee it. videopong needs your help to do that, include the following commitments:

- You will not send or otherwise post unauthorized commercial communications (such as spam) on videopong;

- You will not collect users. content or information, or otherwise access videopong, using automated means (such as harvesting bots, robots, spiders, or scrapers) without videopong.s permission;

- You will not engage in unlawful multi-level marketing, such as a pyramid schemes, on videopong.

- You will not upload viruses or other malicious code;

- You will not solicit login information or access an account belonging to someone else;

- You will not bully, intimidate, or harass any user.

32. videopong has no obligation to monitor the site, service, content, or user submissions. However, videopong reserves the right to remove, edit or modify any content at its sole discretion, including without limitation any user submissions, and to remove or block any user submissions from the service.

33. videopong is not responsible or liable for the integrity of the data or any information embedded on or by third-party websites.

34. It.s forbidden to collect the data of other users without their explicit approval. The same rules are applicable for usage of e-mail addresses for commercial usage or undesired advertisement.

35. videopong is not liable for any failure, forbearance, time-out or loss of data during operation. videopong is not liable for technical failure and other system problems such as server problems, traffic jams, or technical problems.

36. On videopong you might find offers and advertisments for third party products. These products are marked or identified with an advice .commercial. or .presented by.. If there is any contractual activity resulting, the contract is exclusively concluded with the offering third party.

37. videopong has the right to make accessible user data to such third parties, as long it is necessary for the technical execution of the concluded agreement, whereby privacy will be strictly respected.

Third-Party Site

38. The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk.

39. These other websites are not under videopong.s control, and you acknowledge that videopong is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

40. The inclusion of any such link does not imply endorsement by videopong or any association with its operators. You further acknowledge and agree that videopong shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Share Links

41. Videopong gives you permission to use videopong.s share link button so that you can post links or content from other websites on videopong.

42. You give videopong permission to use and allow others to use such links and content on videopong.

User Account Credentials

43. The password you choose during registration has to be handled confidentially and is not allowed to be passed to third parties. You are not allowed to make videopong accessible to any third party with foreign credentials. If there are any damages provoked through a foreign account, the owner of the account is fully reliable.

44. You must inform videopong if there is any indication of infringements of these terms. You are fully liable to backup the content or other contribution uploaded on videopong.

45. videopong reserves the right to delete all of your content without notification if you decide to delete your account.

User Voting

46. videopong maintains some tools that can be used to perform different kinds of contests. You can decide if the contest shall be linked up with user voting. In respect to voting fairness, videopong states list of forbidden behaviors.

47. You are not allowed to spoof or manipulate votes in any way. Manipulation or spoofing is, for example, one person registering multiple profiles and voting for the same competitor with all accounts. Other definitions of manipulations include manipulating the votes with scripts, bots, malware etc. As there is no conclusive definition of online voting manipulation, videopong reserves the right to regard any activity by one user favoring a voting competitor over any other competitor by disregarding the voting terms as manipulation.

48. videopong uses a variety of technological systems to detect, automatically discover and locate various forms of spoofing and manipulation. Manipulations may result in disqualification of the competitor that the manipulated votes have been staked for or in deletion of the said votes. The user responsible for manipulating the voting can be held fully liable for any damage to videopong resulting from such behaviour.

Copyright

49. If you upload copyrighted content such as music, pictures, text and videos, you explicitly confirm to be the legal copyright holder of this content. videopong cannot control the content and is never liable for illegally uploaded content.

50. You are responsible for checking if any rights of third parties, such as copyrights, trademarks or personality rights, could be infringed by uploading content. This rule is to be especially respected for remixes, pictures of recognisable persons, etc.

51. videopong offers a free choice as to which Creative Commons (CC) License shall apply to any single work.

52. This licensing system (CC) offers you the ability to configure the conditions of how work may be legally reused. You can also define that private reuse is allowed while any commercial use is not allowed without your explicit approval. You can also define whether your content can be altered or not and exclude any change of your works.

53. These licenses are free, marked with simple icons and globally binding. On videopong, you can choose such a license individually for any single work.

54. In return, videopong automatically gets all rights to make the reuse of the uploaded content possible on videopong. You keep videopong free of any rights of third parties.

55. As soon as videopong wants to reuse the material for commercial purposes, you will be contacted before use and reasonably compensated.

56. If any third party makes videopong responsible for any use of content, the user is liable for any damages. It.s your duty to immediately inform videopong and provide all relevant information in case third parties make videopong responsible.

57. You must indemnify and hold videopong harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims.

58. Further compensation claims against you keep remain your responsibility.

59. videopong retains the right to remove such content or links without any prior announcement, insofar as there is any indication that the publication of the content might infringe upon legal codes or these terms.

60. Any use of the content in the aim of commercial use is not allowed if the artist did not explicitly allow the usage.

61. All content made available on videopong must not be copied and made available without the consent of the artist.

62. The reuse of the source code of videopong is restricted as long as permission is not explicitly granted.

Procedure for Reporting Copyright Infringements

63. If you believe that material or content residing on or accessible through the videopong website or service infringes a copyright, please send a notice of copyright infringement containing the following information to legal@videopong.net:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

- Identification of works or materials being infringed;

- Identification of the material that is claimed to be infringing, including information regarding the location (deeplink URL) of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that videopong is capable of finding and verifying its existence;

- Contact information about the notifier, such as address, telephone number and e-mail address;

- A statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and

- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

64. Once videopong gets a proper infringement notification, videopong.s policy is:

- to remove or disable access to the infringing material;

- to notify the content provider, member or user that it has removed or disabled access to the material; and

- that repeat offenders will have the infringing material removed from the system and that videopong will terminate such content provider.s, member.s or user.s access to the service.

65. Procedure to Supply a Counter-Notice to videopong

If the content provider, member or user believes that the material that was removed or to which access was disabled to is either not a rights infringement, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner.s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information listed below to legal@videopong.net:

- A physical or electronic signature of the content provider, member or user;

- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

66. If a counter-notice is received, videopong may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at videopong.s discretion.

Warranty Disclaimer

67. You release videopong from all liability for you having acquired or not acquired content through the site. The site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

68. videopong makes no representations concerning any content contained in or accessed through the website, and videopong will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

Indemnification

69. You shall defend, indemnify, and hold harmless videopong, its affiliates and each of its employees, employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys. fees that arise from or relate to your use or misuse of, or access to, the website, service, content or otherwise from your user submissions, violation of the terms of use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

70. videopong reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with videopong in asserting any available defenses.

Infringement Penalties

71. Strict adherence to these terms is important to maintain videopong.s full operation. Therefore, videopong can impose sanctions if concrete evidence suggests that you are infringing legal code or third party rights, or otherwise showing poor manners or infracting upon these terms.

72. Furthermore videopong can block or even delete incriminating content without any preannouncement.

73. Choosing the sanction, videopong respects your interests to publish and share.

74. The following sanctions are at videopong.s disposal: deletion of content, admonishment, imposition of a temporary or infinite block or cancellation of your account.

75. If your account is cancelled, you are not allowed to re-register on videopong.

Limitation of Liability

76. IN NO EVENT SHALL VIDEOPONG, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED SWISS FRANKS (CHF 100.00). SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Modification of Terms of Use

77. videopong reserves the right, at its sole discretion, to modify or replace any of the terms of use, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you an e-mail. videopong may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

78. It is your responsibility to check the terms of use periodically for changes. Your continued use of the service following the posting or notification of any changes to the terms of use constitutes acceptance of those changes.

Termination

79. videopong may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

80. If you wish to terminate your account, you may do so by cancelling your account in the profile settings. Any fees paid hereunder are non-refundable. All provisions of the terms of use, which by their nature should survive termination, shall survive termination; this includes, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

81. videopong shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond videopong.s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including .line-noise. interference).

82. The invalidity, illegality or unenforceability of any provision of this terms shall not affect or impact the continuation in force of the remainder of these terms.

83. Should some of the rules in these terms void in whole or in part, the effectivity of the rules remains unaffected. Instead of the written rule, another regulation has to supercede as would have been agreed to by the parties.

International Use & Legal Forum

84. videopong makes no representation that the content is appropriate or available for use in locations outside of Switzerland, and accessing the service is prohibited in territories where such content is illegal. If you access the service from other locations, you do so on your own initiative and are responsible for compliance with local laws.

85. You will resolve any claim, cause of action or dispute against videopong in court at the headquarters of videopong in Zürich / Switzerland. The laws of Switzerland will govern this statement, as well as any claim that might arise between you and videopong, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all such claims.



Effective Date: July 1st, 2011



videopong, Hardstrasse 81, 8004 Zürich/Switzerland