IFtrailers.com Terms of Service
1. Description of the Website
IFtrailers.com (hereafter, the “Website”) is an innovative and original free video hosting website that enables registered users to upload, store, share and comment upon their personal videos. While users are granted unlimited storage space (unless otherwise notified by email), for bandwidth cost-control each video is limited to a 100 megabyte file size and a duration of 10 minutes. Because the Website is not designed as a video back-up service, you are responsible for taking all necessary precautions to safeguard your video files. In accordance with Internet practice and custom, advertisements may be incorporated into the Website.
2. Your intellectual property rights
IFtrailers has no proprietary rights to your content. By making your content accessible to other users (as individuals and as a group), you agree to allow any users - free of charge and for personal use - (i) to view your content on or through the Website and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Website, and (ii) to download and view your content on other media for the maximum period in which related rights are protected. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization. In addition, for the entire period in which your content is hosted, you authorize IFtrailers to reproduce and display your content via the features that enable the Website to be accessed both on the Internet and through other electronic communication media, and to adjust said content’s format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted – including your content – cannot be protected against the risks of misappropriation and/or piracy, for which IFtrailers shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
3. Our intellectual property rights
The Website is our exclusive property. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Website. All other rights are expressly excluded without our prior written consent.
4. Our liability as host
YOU AGREE THAT YOUR USE OF THE IFtrailers WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. IFtrailers, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW. IFtrailers, AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE IFtrailers WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON OUR WEBSITE. THIS DISCLAIMER INCLUDES DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY.
5. Your liability as user
You warrant that your submission contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia). To be clear, IFtrailers neither wants nor tolerates such content. If your videos contain such content, please do not upload them to the IFtrailers site.
You also warrant that (i) it does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances from third party rights owners in such materials); (ii) it does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) it is not contrary to public policy and accepted moral standards and, generally, that it is not contrary to any applicable laws or regulations.
7. Limitation of Liability
IN NO EVENT SHALL IFtrailers, 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 IFtrailers WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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.
9. 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the IFtrailers Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Iftrailers Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
You agree to defend, indemnify and hold harmless IFtrailers, its parent corporation, 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 use of and access to the IFtrailers Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IFtrailers Website.