Last Updated: October 25, 2020
Welcome to OnyxVid! In order for us to present our videos for you all to see and to keep the music evolution revolution in full swing, it’s important that we incorporate certain legal guidelines and ground rules to make sure everyone’s rights are respected and that we’re doing what we can to foster an environment that protects content owners’ rights and your personal privacy.
7. USER CONDUCT
8. PROPRIETARY RIGHTS
9. COPYRIGHT INFRINGEMENT
10. PERSONAL INFORMATION
11. USER CONTENT
12. DEVICE ACCESS AND COMMUNICATIONS
16. THIRD PARTY PLATFORMS, SERVICES AND CONTENT
17. DATA AND WIRELESS ACCESS CHARGES
20. DISCLAIMER AND LIMITATIONS OF LIABILITY
21. CUSTOMER SUPPORT
22. GOVERNING LAW; MISCELLANEOUS
A. General. Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us, which may include, without limitation, providing Users with the ability to (i) access, view and embed certain audio-visual content (including, without limitation, certain music videos); (ii) create personal playlists and/or access playlists that have been created by other Users, (iii) access personalized information and content regarding music, artists and bands, such as recommendations, suggestions and notifications regarding audio-visual content, playlists and other related products and services, (iv) create a user profile and other content that may be visible to and/or shared with other Users and (v) connect, communicate and interact with other Users on the Services.
7. USER CONDUCT. You are solely responsible for your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Services, you shall not:
• intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
• submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
• intentionally or unintentionally engage in or encourage conduct that adversely affects, or reflects negatively on, OnyxVid, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
• submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or web page;
• modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
• impersonate any person or entity, including, without limitation, a OnyxVid official, or falsely state or otherwise represent your affiliation with any person, entity or User Content (as defined herein), or transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information or statements of fact;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Content; or
• solicit passwords or personal identifying information for commercial or unlawful purposes from other
Users, solicit Users with respect to their User Content for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping,”, “phishing”, “database scraping,” or any other activity with the purposes of obtaining lists of Users or other information; or use or launch any automated systems, including, without limitation, “spiders,” “robots,” or “offline readers,” that access the Site and/or Services in a manner that sends more request messages to the OnyxVid servers in one given period of time than a human being can reasonably send in the same period of time by using a conventional online web browser. Notwithstanding the foregoing, OnyxVid 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. OnyxVid reserves the right to revoke these exceptions either generally or in specific cases.
8. PROPRIETARY RIGHTS.
A. OWNERSHIP. As between you and OnyxVid, OnyxVid owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith, excluding your User Content (collectively, the “OnyxVid Content”), and the OnyxVid Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “OnyxVid Content” includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
9. COPYRIGHT INFRINGEMENT.
A. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
• 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 on the Services are covered by a single notification, a representative list of such works on the Services;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• 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.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name of Designated Agent: Runeisha Maddox
Address of Designated Agent:
OnyxVid Copyright Agent MGMS LLC, 1100 Peachtree st 2nd Floor, Atlanta GA 30294
Facsimile Number of Designated Agent: (404) 430-1190
Email Address of Designated Agent: copyright@OnyxVid.com
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to OnyxVid customer service by sending an email to feedback@OnyxVid.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
B. If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to OnyxVid for use on the Services, you may send a counter-notice containing the following information to our Designated 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 a mistake or a misidentification of the content; and
• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, OnyxVid 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 or the 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 OnyxVid’s sole discretion.
11. USER CONTENT.
A. DEFINED; ACKNOWLEDGEMENTS. The Services may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and the opportunity to create, submit, post, email, display, transmit or otherwise make available a User profile, username, photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, playlists and other information and communications via the Services (collectively, “User Content”). When you submit User Content, you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Content, your location, activity, preferences and/or similar information. You acknowledge and agree that the term “User Content” also includes, without limitation, all of the information you submit or we receive that is related to your User Content.
B. RESPONSIBILITY; LIABILITY. You understand, acknowledge and agree that you are solely and entirely responsible for all User Content that you submit, upload, post, email, display, transmit or otherwise make available and any consequences thereof. You understand that by using the Services, you may be exposed to other people’s User Content, including User Content that may be considered offensive, indecent or objectionable. User Content does not reflect the views of OnyxVid and OnyxVid does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall OnyxVid be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
F. CALIFORNIA REMOVAL RIGHTS. Registered Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content located on the Services that they themselves post by emailing us at email@example.com. All requests must be labeled “California Removal Request” in the email subject line. All requests must provide a description of the content or information in your User Content that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure complete or comprehensive removal of content or information from the Services. For example, content that you have posted may be republished or reposted by another User or third party.
13. ADVERTISEMENTS. From time to time, you may choose to communicate or interact with, or obtain Third Party Services (as such term is defined herein) of or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
17. DATA AND WIRELESS ACCESS CHARGES. Certain OnyxVid Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such OnyxVid Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will OnyxVid be responsible for any such data access fees and charges in connection with your use of any OnyxVix Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain OnyxVid Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all OnyxVid Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.
20. DISCLAIMER AND LIMITATIONS OF LIABILITY. THESE SERVICES, AND ALL ONYXVID CONTENT, PRODUCTS, SERVICES AND USER CONTENT (EXCLUDING YOUR USER CONTENT) MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.
21. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to firstname.lastname@example.org.
22. GOVERNING LAW; MISCELLANEOUS.
C. You and OnyxVid agree that the resolution of any disputes, claims or actions arising hereunder, including, without limitation, in connection with any use of the Services, shall be conducted in each of your and OnyxVid’s individual capacities only and not as a class action or other representative action, and you and OnyxVid expressly waive any right to file a class action or seek relief on a class basis.
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