Updated: December 11th, 2022
These Terms of Service (“Terms”) govern your access to and use of our services, and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
Updates of these Terms
We may update (change) these Terms from time to time by posting the changes here. The date of the latest changes will always be listed above, at the top of the first page.
Consent.
Even if you do not sign up as a VLIKS user, accessing anything on the VLIKS LLC website and/or mobile application this "Terms of Service" page (and our Privacy Policy) constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, do not use our website and/or mobile application.
Who May Use the Services
You may use the Services only if you agree to form a binding contract with VLIKS LLC and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Privacy
Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by VLIKS LLC and its affiliates.
Intellectual property and User-Generated Content
If you believe that any User-Generated Content is in violation of this Agreement, you are encouraged to click the "Remove" button for the relevant post or posts. VLIKS LLC has the ability to remove objectionable User-Generated Content and will make reasonable efforts to do so.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any Submissions that are available via our website and/or mobile application. Without limiting the foregoing, we have the right to remove any Submissions that violate the Terms of Service or are otherwise objectionable as we determine in our sole discretion.
You acknowledge and agree that we may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users or the public.
Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Prohibited General Content and Prohibited Uses.
You agree not to do any of the following:
Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; (viii) use a username, that is vulgar or offensive, defamatory, invasive of another’s privacy, unlawful, threatening, abusive, harassing, hateful, or otherwise objectionable; (ix) use a username that impersonates another or infringes intellectual property rights; (x) hotlink to off-site content, upload any type of computer code, or post chain letters, pyramid schemes, or any form of unauthorized advertisement or solicitation. We reserve the right to determine what does and does not violate this prohibition.
VLIKS LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. VLIKS LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that VLIKS LLC has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. VLIKS LLC reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that VLIKS LLC at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. We ask, that if you see any content that violates these Terms, we would appreciate your bringing it to our attention by contacting us at VliksVideoClips@gmail.com.
User-Generated Content Sharing Agreement
You acknowledge and agree that users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and other works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.
Flagging
A user shall not "Flag" or “Report Abuse” (or otherwise seek removal of) content on VLIKS LLC without a personal, good-faith belief that the content violates the TOS. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others. A user may flag a specific item of content only once. A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
Using the Services
Please review the VLIKS LLC terms, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for VLIKS LLC granting you access to and use of the Services, you agree that VLIKS LLC and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, VLIKS LLC computer systems, or the technical delivery systems of VLIKS LLC providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by VLIKS LLC (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with VLIKS LLC; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of VLIKS LLC, its users and the public. VLIKS LLC does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
Your Account
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the VLIKS LLC name or any of the VLIKS LLC trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of VLIKS LLC and its licensors. Any feedback, comments, or suggestions you may provide regarding VLIKS LLC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with VLIKS LLC at any time by deactivating and/or permanently deleting your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated the VLIKS LLC Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “VLIKS LLC Entities” refers to VLIKS LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE VLIKS LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The VLIKS LLC Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the VLIKS LLC Entities or through the Services, will create any warranty or representation not expressly made herein.
Disclaimer of warranties; limitation of liability.
VLIKS LLC is provided at no charge. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. VLIKS LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER VLIKS LLC TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, VLIKS LLC HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. VLIKS LLC DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON VLIKS LLC MOBILE APPLICATION AND/OR WEBSITE THAT IS NOT PRODUCED BY VLIKS LLC. Your sole remedy for the loss of any services and/or of any images or other data you may have stored on VLIKS LLC service is to discontinue your use of our service. VLIKS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, VLIKS LLC SERVICES, EVEN IF VLIKS LLC HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF VLIKS LLC SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.
Indemnification.
YOU WILL INDEMNIFY AND HOLD VLIKS LLC AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.
General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Wyoming, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and VLIKS LLC. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in the State of Wyoming, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Wyoming (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. VLIKS LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Digital Millennium Copyright Act (DMCA) Notice
VLIKS LLC (“Company”) values intellectual property and follows a policy to address infringement claims in accordance with the Digital Millennium Copyright Act (DMCA). DMCA provides copyright owners a process in notifying online service providers regarding copyright infringement.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, VLIKS LLC will respond expeditiously to claims of copyright infringement committed using the VLIKS LLC website and or mobile application (the "Site") that are reported to VLIKS LLC’s Designated Copyright Agent, identified in the sample notice below.
Important Copyright Information (How to Report)
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to VLIKS LLC Designated Copyright Agent. Upon receipt of the Notice as described below, VLIKS LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement Reporting Requirements:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Notice, with all items completed, to VLIKS LLC Designated Copyright Agent:
Attention: Copyright Agent
30 N. Gould St. Suite R
Sheridan, WY 82801
Website: www.VLIKS.com
Email: VliksVideoClips@gmail.com with subject title, ‘Copyright Agent’
Entire agreement.
These Terms constitute the entire agreement between you and us with respect to your use of VLIKS LLC; it supersedes all prior agreements of any nature.