Terms and Conditions

Updated as of March 2013

Introduction

Welcome to EmaiVM.com, owned and operated by OneSource Concepts, Inc.
("OneSource"), a Service which provides visitors and registered users with access to video
email (the "Service").

Your use of the Service indicates your acceptance of these Terms and Conditions. These Terms and Conditions also incorporate the terms of the Privacy Policy. We are always interested to hear what you think; let us know by sending an email to info@emailvm.com.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services. By continuing to use the website, you are warranting that you are at least 18 years old, or have the consent of your parent or legal guardian to enter into these Terms and Conditions. If you do not agree with these Terms and Conditions, immediately stop using the website.

Unless explicitly stated otherwise, any new features added to the Service shall be subject to the Terms and Conditions.

You are solely responsible for obtaining access to the Service, including any fees associated with accessing the Service.

The Service

OneSource allows video mails to be sent to others. You may select the number of views, or number of days that the receiver can access the message. After this period ends OneSource deletes the files and the link will no longer work. OneSource will automatically delete files per the time frame designated in your account type if the user does not set an earlier deletion time frame.

OneSource offers Basic and Enhanced account types. Some Services may only be available to Enhanced members. Unless otherwise stated, these Terms and Conditions apply to all Services. All content and additional or replacement Services made available through the EmailVM.com site that were not made available as of the "Updated as of" date above shall automatically be deemed to be part of the "Services" when first made available through the EmailVM.com site.

OneSource does not review or monitor any website linked to the Service and is not responsible for the content of any such linked websites. OneSource provides links solely as a convenience and inclusion of such links is not meant to imply that OneSource endorses any third party website or any content, products or Services available on a third party website. Your linking to Facebook or any other website is at your own risk.

You understand and agree that although we will use reasonable efforts to ensure the website is available to its users, temporary interruptions of the Services available through this website may occur. The Services available on this site are provided "AS IS" and OneSource is not liable to you for any temporary interruption in Services.

Registration Obligations for Enhanced Accounts

In order for you to access certain services you are required to register for an account. To register you must provide OneSource a valid email address, username, and password. OneSource reserves the right to reject or cancel accounts where the username or actual name submitted in obscene or objectionable, or that is a company's brand or trademark.

In order to provide the Service, OneSource may send you administrative communications about your account and our Service via email and you acknowledge and agree that receipt of these administrative communications is consideration for access to portions of the Service which you cannot opt out of. If you do not wish to receive these communications, do not register for the Service.

You represent that you are of legal age to form a binding contract, or have the consent of a parent or guardian, and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself and promptly update the Preferences Data to ensure it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, or OneSource has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OneSource has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You may never use another's account without permission.

You are solely responsible for the information you send with the EmailVM.com service. You control who receives your video/audio files and documents through your ability to input email addresses. You are responsible for maintaining the confidentiality of your EmailVM.com password and you are solely responsible for all activities that occur under your password. You agree to notify OneSource immediately of any unauthorized use of your password or any other breach of security related to EmailVM.com. OneSource reserves the right to require you to change your password if we believe that your password is no longer secure.

Member Conduct

You understand that all information, in all forms ("Content") is the sole responsibility of the person from which such Content originated. This means that you, and not OneSource, are entirely responsible for all Content that you upload, post or otherwise make available via the Service. OneSource does not control all the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances shall OneSource be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree to abide by all applicable laws, statutes, ordinances and regulations regarding your use of the Service.

You agree not to:

  • Make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, inflammatory, provocative, or racially, ethnically or otherwise objectionable;
  • Make available explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  • Make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • Make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,", etc. or any other form of solicitation;
  • Make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Impersonate any person or entity, including, but not limited to, an OneSource official, forum leader, administrator or moderator, or Enhanced Account, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Solicit other users of the EmailVM.com site to join or become members of any online or other Service
  • Stalk or otherwise harass another member or user of the Services;
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you would like to notify us of content which you believe does not comply with these Terms and Conditions, please contact us at support@emailvm.com. Make sure to include both the web page URL for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against OneSource arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms and Conditions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Content Submitted

OneSource does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for via the Service, you grant OneSource a perpetual, irrevocable, world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify and publicly display such Content on the Service. These rights and licenses are granted by you to us for free, so we can provide you with our Services. When you remove your content from EmailVM.com, these licenses to your Content terminate and we will no longer show them.

You will be responsible for, and indemnify and hold harmless OneSource, against any claim arising from any content that you submit or make available for inclusion on the Service.

Term and Termination

OneSource may immediately terminate the Service if you fail to abide by the terms of these Terms and Conditions. In addition, OneSource may, but has no duty to, immediately terminate the Service if OneSource in its sole discretion concludes that you are engaged in fraudulent or illegal activities, sharing account with unauthorized users, or activities that may damage the rights of OneSource or others. Termination of the Service may result in the deactivation or deletion of your EmailVM.com account.

Disclaimer of Warranties

You expressly understand and agree that the Service is provided 'as is' and OneSource does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or function in its web site, any of the data or function linked to its web site, any data or function provided by partners or vendors of this web site, or any Service provided herewith; nor does OneSource assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. OneSource does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.

Limitation of Liability

IN NO EVENT SHALL ONESOURCE CONCEPTS, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Indemnification

If OneSource is sued because of your use of our site or Services, including for any of your videos or other submissions, you will be responsible for paying for our legal bills. If anyone hacks your account or steals your password, please let us know immediately. You are responsible for your account.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ONESOURCE CONCEPTS, INC., ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE EMAILVM.COM SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ONESOURCE CONCEPTS, INC. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Reservation of Rights

The Service and its benefits are offered at the discretion of OneSource, and OneSource has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that OneSource will not be liable to you or any third-party for any modification or discontinuance of the Service. OneSource in its sole discretion, may add, delete, or change some or all of the features of the Service at any time.

You acknowledge that OneSource has the right (but not the obligation) in its sole discretion to pre-screen, refuse, evaluate, edit, remove, move, or otherwise manipulate any Content that is available via the Service. Without limiting the foregoing, OneSource shall have the right to edit, refuse to post or remove any Content that violates these Terms and Conditions or is otherwise objectionable. 

International Use

Although this website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do soon their own initiative and are responsible for compliance with local laws. In addition, this Site and the Services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.

Miscellaneous

These Terms and Conditions and the Privacy Policy, constitute the entire agreement between you and OneSource with respect to your access and use of the Service and supersedes all prior or contemporaneous agreements (whether oral, written or electronic) between you and OneSource with respect to the Service. If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect. The Service is controlled by OneSource from its offices within the State of California, USA. These Terms and Conditions shall be interpreted under the laws of the State of California and applicable federal law, without regard to any conflict of law provisions.

Miscellaneous

EmailVM provides a free trial period for new Basic and Enhanced account holders. Accounts may be cancelled during the 30 day trial period and there will be no charges. After the trial period there are no refunds of service fees or remaining days within the term of the subscription. Contact support@emailvm.com for any questions regarding this refund policy.

Contacting Us

If you have questions regarding our Terms and Conditions, its implementation, failure to adhere to the statement, or our general practices, please contact us at:

OneSource Concepts, Inc.
support@emailvm.com
9225 Dowdy Drive, Suite 201
San Diego, CA USA 92126
Toll Free (888) 231-3738

Discover More Ways How You Can Benefit From Video Email.

Copyright © 2013 EmailVM All rights reserved.

openthanx
openthanx