THESE USER TERMS DETERMINES THE CONDITIONS OF USE BY THE CLIENT SUBSCRIBER OF THE BLOG AND VIDEO SHARING CREATION SERVICE OFFERED BY MYOWNVIDEOSITE.COM

By clicking on the I ACCEPT button on the open account page, you accept and agree to use the service within the established rules herein.
If you subscribe to these conditions under a company name, we presume that you have proper authority to bind your company to these conditions.
If you do not wish to use our service, please click on ‘I refuse’. Thank you.

1 Definitions

• 1.1 «service administration» refers to functionalities and services hosted by myownvideosite.com and made available for your usage by the intermediary of the service and company myownvideosite.com
• 1.2 « intellectual property » refers to copyrights, patents, trade marks, trade secrets etc.
• 1.3 « myownvideosite intellectual property » refers to all property rights held by myownvideosite.com, without limitation.
• 1.4 « myownvideosite Internet website » refers to the set of hosted elements under the http://myownvideosite.com and every successive page within.
• 1.5 « video sharing and blog creating website » refers to the utilisation of the video sharing and blog creating platform.
• 1.6 « user content ». refers to all content submitted by yourself or by users of your blog creating and video sharing website from the myownvideosite.com website.
• 1.7 « personal information » refers to the set of personal information (including user name, first and last names, password, email, address, telephone, fax, credit card and other information collected on the set of transactions implicating myownvideosite.com and yourself) collected on your website and/or on the myownvideosite.com website.
• 1.9 « your users » refers to users and visitors of your blog creating and video sharing website. Created from the myownvideosite.com website, and having agreed with the User Terms.
• 1.10 « your myownvideosite.com website» refers to the created website from our online video sharing and blog creating website creation service.

2 General overview and rights
Your video sharing and blog creating myownvideosite.com website should only be used under agreement of the Client Subscriber user terms and conditions.
These Client Subscriber user terms applies to all of our services.
In order to prevent any doubts this license is in effect as soon as a visitor subscribes to one of our offers (Basic, Pro or Premium) in the open account area.
You subscribe to myownvideosite.com services in order to offer yourself and your users the video sharing and blog creating services of myownvideosite.com
When you agree to these Client Subscriber user terms, myownvideosite.com authorizes you to create and manage your video sharing and blog creating website.
You bind yourself to respecting, and ensuring that users respect, the Client Subscriber user terms as well as User User terms.
Your are responsible for any actions aimed at using or permitting the use of services from myownvideosite.com

3 Restrictions and limitations.

• (a) You cannot use or permit the usage of myownvideosite.com services if you are a direct competitor of myownvideosite.com, unless you have received authorization from myownvideosite.com. Also, you cannot use the service with the sole purpose of establishing statistics on performance or operational characteristics of myownvideosite.com website.
• (b) You cannot yield nor rent licenses or under-licences, transfer, sell all or parts of the myownvideosite.com service or code unless you have received authorization from myownvideosite.com, you cannot use myownvideosite.com services to create a competitive or similar service.
  You cannot copy nor use any idea or visual aspect or functionalities for inspirational purposes from the myownvideosite.com service in order to reproduce them.
• (c) You cannot use all or parts of our services for such practices as : Spamming, or sending repetitive and unsollicitated messages, storing obscene, violent, defamatory, pornographic, viral information or offendable by law in the country of emission.
• (d) You cannot use all or parts of services offered by myownvideosite.com in order to offer commercial or marketing services directly to users under the age of 13.
• (e) All rights not specifically offered remains a prerogative of myownvideosite.com
• (f) In the event of misuse or offence to one of the myownvideosite.com terms reserves the right to close and/or unilaterally delete your access to services without any compensation whatsoever.

4 Your responsibilities as a Client Subscriber
Your are the sole bearer of responsibilities as a Client Subscriber of all activities related to your video sharing and blog creating website on myownvideosite.com
You must ensure that service utilisation on myownvideosite.com is permitted by the laws of your country.
You must warn myownvideosite.com of any suspicious activities on your video sharing and blog creating website.
You agree to display, on your video sharing and blog creating website, User Terms and Conditions and you bind yourself to making sure that no user can use video sharing and blog creating services from your website without having read and agreed to these same User Terms and Conditions beforehand.

5 Your information.
You agree to supply myownvideosite.com all necessary information (contact name, first name, postal address, email address, telephone, fax, user name). You agree to update this information within a 30 day period following a change in said information. If one of the information appears to be fraudulent or incorrect or passed the 30 day grace period, myownvideosite.com reserves the right to close and/or unilaterally delete your access to services without any compensation whatsoever.

6. Ownership of user-generated content
In accordance between you and myownvideosite.com, you keep the property rights of all user-generated content and yourself, though you yield a perpetual and worldwide user licence to reproduce, store, display, distribute these generated contents in order to provide myownvideosite.com service.
You authorize myownvideosite.com to use user-generated contents for the purpose of development, marketing actions or analysis.
You agree to being the sole facilitator as a Client Subscriber to see that every user who proposes content on your website has agreed to general User Terms and Conditions displayed on your video sharing and blog creating myownvideosite.com website beforehand.
You and only you, not myownvideosite.com, has the task of ensuring users who drop off content on your video sharing and blog creation website do not offend legal dispositions on copyrights and intellectual property rights. Myownvideosite.com cannot be held responsible of the modification or destruction or loss of user-generated content.

7. User data.
In accordance between you and myownvideosite.com, you keep the property rights on all information related to users who drop off content on your video sharing and blog creating website.
However, you yield a perpetual and worldwide user licence to reproduce, store, display, distribute these generated contents in order to provide myownvideosite.com service.
You authorize myownvideosite.com to use user data contents for the purpose of development, marketing actions or analysis.
You must ensure that your users are made fully aware and properly informed of this fact.

8 myownvideosite.com intellectual property
myownvideosite.com and its partners, licensees, when applicable, hold all rights, titles and interests, without limitations, on the intellectual property relevant to the myownvideosite.com technology, the myownvideosite.com website and services from myownvideosite.com, this agreement is in no way a sale and does not transfer any property rights to Client Subscribers and/or Users.
The logo and name are trademarks of myownvideosite.com

9 Suggestions.
You agree to yield to myownvideosite.com rights to the set of remarks, suggestions, comments or evaluations made by you or your users through our suggestions column or by messaging, with no limitations of intellectual property.

10 Action to be taken if you are a witness to a problem related to copyrights
Furthermore, if you are the owner of content or manager of the aforementioned, and you believe that whatever content submitted by a user or all other content offends your copyrights, you can submit to us an advisory as per the Digital Millennium Copyright Act ("DMCA") by providing in written form the following information to our agent in charge of copyrights : (see 17 U.S.C 512(c)(3) for more details) :

• a) A physical or electronic signature of a person authorized to act on behalf of the exclusive owner of content who’s copyright was violated ;
• b) Identification of the protected content who’s copyright was admittedly violated, or, if multiple protected contents by copyright on another website or medium are used, a representative list of these contents will be required;
• c) Identification of violated material or about to be in a state of violation and that needs to be removed or that access needs to be restricted and all reasonably sufficient information which will enable the service provider to locate the material;
• d) All reasonably sufficient information enabling the service provider to contact you, such as an address, a telephone number, and, if available, an email address ;
• e) A formal declaration stating that you believe in all honesty that usage of material in question is not authorized by the owner of copyright, by the manager, or by law ; and
• f) A formal declaration that information in the present advisory is exact, and under reserve of the perjury, that you are authorized to act on behalf of the owner of the copyright submitted as violated.
  Concerning copyrights, all inquiries of retraction, comments, inquiries for technical support and other communications must be directed to the Customer Service of myownvideosite.com. Myownvideosite.com is propriety of 9168-8036 Québec Inc.

11. Modification of prices and terms.

11.1 modification of prices
Myownvideosite.com reserves the right to modify its prices*  with a 30 days email notification send to all its customers. The prices modification will be effective by the end of the current billing cycle
In case of refusal of the customer has 15 days starting from the receiving of the email notification to ask for the closing of its account by email at the following address  legale@monsitevideo.com
Current Price  October 2007.
*
Basic Plan 9.95 $ each month, Premium Plan 49.85 $ each month

11.2 modification of terms
Myownvideosite.com reserves the right to modify the terms of this licence and other applicable terms at any time with immediate effect. The updated version of the present licence is available at the following address
http://www.myownvideosite.com/conditions.php

We invite you to consult periodically this page in order to be kept informed of updated modifications.
The usage of myownvideosite.com services supposes a full agreement of the present licence.

12. Start, ending and billing.

*Bloc1
10 000 viewes including 1000 videos and 1000 blogs for a monthly fee of 21.10$

*Bloc 2
50 000 viewes including 8 000 videos and 8 000 blogs for a monthly fee of 98$

*Bloc 3
100 000 viewes including 20 000 videos and unlimited blogs for a monthly fee of 120$

You will be able to deactivate this bloc for the next month or keep it permanently


13. Indemnification.
You shall indemnify and hold Monsitevideo.com, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any claim arising out of or relating to any User Content provided by You or any or Your Users, including without limitation any claim alleging that use of any User Content infringes or misappropriates the rights of, or has caused harm to, a third party; or (ii) any claim arising from the breach or violation by You or any of Your Users of any responsibilities, representations, covenants, or warranties under this Agreement and/or other Applicable Terms.

14. Legal guaranties.
You are aware that usage of the myownvideosite.com service may in some cases expose you to offensive, indecent or dubious content.
You accept and admit that content can be erroneous or incomplete.
You accept and admit that myownvideosite.com does not practice any editorial function, nor any viewing or moderation of content displayed on its Client Subscriber video sharing and blog creation websites, in order to determine which content is erroneous, incomplete, defamatory, offensive or questionable.
Myownvideosite.com cannot be held responsible in any way and under any circumstances of the presence, loss, deterioration, partial or total, of such content on video sharing and blog creation website from its Client Subscribers, or transmitted by email, by standard mail, or any other messaging service.
Myownvideosite.com cannot guaranty that contents presented on its Client Subscribers websites will offer complete satisfaction.
YOU AGREE THAT THE USAGE OF THE VIDEO SHARING AND BLOG CREATING SERIVICE OFFERED BY myownvideosite.com IS AT YOUR UNIQUE RISK. UP TO THE HIGHEST DEGREE OF THE LAW, myownvideosite.com , ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, AND ALL OTHER AGENT REJECTS ALL RESPONSIBILITY, IMPLICITE OR EXPLICITE, RELATED TO THE SERVICES OF VIDEO SHARING AND BLOG CREATION AND YOUR USAGE, myownvideosite.com OFFERS NO GUARANTY OR REPRESENTATION CONCERNING THE EXACTNESS OR INTEGRALITY OF CONTENT FOUND ON ITS CLIENT SUBSCRIBERS’ WEBSITES OR SITES CONTAINING A HYPERLINK TOWARDS myownvideosite.com AND ASSUMES NO RESPONSABILITIES OF ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) INJURIES OR MATERIAL DAMAGES, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSAGE OF OUR VIDEO SHARING AND BLOG CREATION SERVICES, (III) OF ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINCANCIAL INFORMATION STORED ON OUR WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR OF OUR WEBSITE OR OF OUR VIDEO SHARING AND BLOG CREATION SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT CAPABLE OF BEING TRANSMITTED TO OR BY OUR WEBSITE OR OUR VIDEO SHARING AND BLOG CREATION SERVICES BY ANY TIER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGES RESULTING FROM THE PUBLICATION, SENDING BY EMAIL OR BY TRANSMISSION OF CONTENT AVAILABLE ON myownvideosite.com.
myownvideosite.com DOES NOT GUARANTY, NOR ENDORSE, NOR ASSUMES ANY RESPONSABILITIES CONCERNING A PRODUCT OR A SERVICE ANNOUNCED OR PROPOSED BY A THIRD PARTY ON THE myownvideosite.com WEBSITE, WEBSITES OF OUR CLIENT SUBSCRIBERS OR WEBSITES FROM A TIER HAVING A HYPERLINK TOWARDS OUR WEBSITE OR CONTAINED IN AN ADVERTISEMENT BANNER OR OTHER FORM OF PUBLICITY, AND myownvideosite.com WILL NOT BE HELD RESPONSIBLE NOR WILL IT MONITOR ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY PROVIDER OF A SERVICE OR PRODUCT. AS WITH ALL PURCHASES OF A PRODUCT OR SERVICE IN ANY ENVIRONMENT OR ANY PLACE, YOU MUST USE CAUTION AND MAKE USE OF YOUR BETTER JUDGEMENT WHATEVER THE CASE MAY BE.

15. Limits of Guaranties
IN NO CASES WILL myownvideosite.com, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES OR AGENTS, CAN BE HELD RESPONSIBLE OF YOU OF ANY DIRECT, INDIRECT, FORTUITOUS, SPECIAL, PUNITIVE DAMAGES, OR CONSECUTIVE DAMAGES RESULTING FROM ANY (I) ERRORS, FAULTS OR INACCURACIES IN CONTENT, (II) INJURIES OR MATERIAL DAMAGE, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO USAGE OF OUR WEBSITE, CLIENT SUBSCRIBER WEBSITES OR FROM OUR VIDEO SHARING AND BLOG CREATION SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITHING, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITEAND OF OUR WEB SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT, CAPABLE OF BEING TRANSIMITTED EITHER BY OUR WEBSITE OR BY ANY TIER, AND/OR, (VI) ALL ERRORS OR OMISSIONS IN ANY CONTENT OF FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USAGE OF ANY CONTENT, WHETHER PUBLISHED, TRANSMITTED BY EMAIL, OR MADE OTHERWISE AVAILABLE BY THE INTERMEDIARY OF THE myownvideosite.com WEBSITE, CLIENT SUBSCRIBER WEBSITES AND FROM OUR VIDEO AND BLOG CREATION SERVICES, NO MATTER WHAT LEGAL GUARANTIES, CONTRACTS, OR OTHER LEGAL CONCEPT, AND NO MATTER IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. THE RESPONSIBILITY IS LIMITED TO THE HIGHEST APPLICABLE JURISDICTIONS, YOU EXPLICITALLY RECOGNIZE THAT myownvideosite.com IS NOT RESPONSIBLE FOR CONTENT THAT CAN BE DIFAMATORY IN NATURE, OR CAUSE INJURY, OR ILLEGALY SUBMITTED BY A USER AND THAT THE RISK OF CHOC OR DAMAGE IS ENTIRELY IN YOUR HANDS.
The video sharing and blog creation website creation service is controlled and offered by myownvideosite.com from its equipment located in Canada. myownvideosite.com does not affirm any representation that the myownvideosite.com website is appropriate or available for usage in other areas. Those having access or utilizing the website and its video sharing and blog creation services from myownvideosite.com in other judiciary districts do so of their own free will and are responsible for conforming to local laws.

16. Act of God
myownvideosite.com will not be held responsible in any case for loss of information of one or more of its licensees, clients or users of its licensees or clients, if an Act of God should happen, such as: strikes, uprising, wars, earthquakes, fires, explosions, divine intervention, acts of terrorism or natural disasters.

17. General
You agree that:

• 1. (i) the myownvideosite.com website is considered uniquely based in Quebec; and
  2. (ii) the myownvideosite.com website is considered to be a passive website which does not submit itself to civil law concerning myownvideosite.com, in specific or general cases, to no jurisdiction other that than of the province of Quebec.
  
• 3. (iii) the video sharing and blog creation service from myownvideosite.com is considered to be uniquely based in Quebec, and;
  
• 4. (iii) the video sharing and blog creation service from myownvideosite.com website is considered to be a passive website which does not submit itself to civil law concerning myownvideosite.com, in specific or general cases, to no jurisdiction other that than of the province of Quebec.
  

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