1. Binding Effect

Binding Effect. This is a binding agreement. By using and/or visiting the Internet site (collectively, including all content available through the website) located at www.fastclips.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by 1) these Terms of Use; 2) the Site’s Privacy Notice, found at www.fastclips.com/about/privacy-policy and incorporated herein by reference; and 3) the Site’s User Guidelines, which can be found by accessing www.fastclips.com/user-guidelines as they may be amended by Fastclips, LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Although Company may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up to date version at www.fastclips.com/about/terms-of-use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

1.1 These Terms of Use apply to all users of the Site, including users who are also contributors of video content, information, and other materials, or services on the Site.

2. Privacy Policy

Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by visiting www.fastclips.com/about/privacy-policy. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

2.1. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

2.2 Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

3. Permissions and Restriction for General Use of Site

You have permission to access and use the Site as set forth in these Terms of Use, provided that:

3.1 Other than linking the Site for text messaging purposes, you agree not to distribute in any medium, now known or hereafter devised, any part of the Site, without Company’s prior authorization.

3.1.1. In order to activate the texting function, you can open account on Company’s Site, and select the option to activate this feature.

3.1.2. To opt out of the texting function, you may either access your account on the Site and select the option to cancel this feature, or text the word “STOP” to the short code provided.

3.2 You agree not to alter or modify any part of the Site. You further agree not to access and video content from this Site through any technology or means other than the video playback pages of the Site itself, or through the cell phone linking Services provided by Company, or any other explicitly authorized means that Company may designate.

3.3 You agree not to use the Site for any commercial use without the prior written authorization of Company, prohibited commercial uses include, but are by no means limited to:

3.3.1. Sale of access to the Site through another website;

3.3.2. Sale of advertising on the Site or any other website which is targeted to specific content on the Site;

3.3.3. Use of the Site or related Services for the primary purposes of gaining advertising or subscription revenue; and

3.3.4. Any use of the Site that Company deems, at its sole discretion, to have an adverse impact on Company’s competitive advantages in the market for similar services.

3.4 You may upload an original video to promote your business or artistic visions, show Fastclips videos on ad-enabled blogs or websites (provided such use is not for the purposes of gaining advertising revenue in competition with Company) and any uses explicitly authorized by Company in writing. Such activities will not be considered a “commercial use” for purposes of this Terms of Use.

3.5 You agree not to use or launce any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that access the Site in a manner that sends more requests to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company 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 material. Company reserves the right to revoke these exceptions either generally or in specific cases.

3.6 You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit for commercial purposes, any users of the Site.

4. User Content

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

4.1 You may access all User Content solely for your information and personal use; as intended through the normal functionality of the Site’s services; and for Streaming. “Streaming” means a contemporaneous digital transmission of an audio-visual work via the Internet from Site to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed to the user. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited. User Content is made available “as is.”

4.2 You may access User Content only as permitted under this Agreement, Company reserves all rights not expressly granted herein.

4.3 When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

4.4 You understand that, in using this Site, you will be exposed to submissions from a variety of sources and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6. User Conduct

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws..

6.1 Company does not guarantee any confidentiality with respect to any submissions you may make. You shall be solely responsible for your submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company and Site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and of the said submissions in the manner contemplated by the Site and these Terms of Use.

6.2 You retain all of your ownership rights in your submissions. However, by submitting submissions to Site, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform said submissions in connection with the Site and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivat