|Terms of Service|
|TERMS AND CONDITIONS OF USE
These Terms and Conditions of use constitute a legally binding agreement ("Agreement")
between you and SalsaIndy LLC d/b/a myVidster.com ("myVidster", "we", "us" or "our")
that governs the use of this Website. In this Agreement, the term "Website" includes all Web
pages and other content available at or through www.myVidster.com, the myVidster mobile
application, and any replacement, substitute or backup Websites and Web pages controlled,
owned or operated by or on behalf of myVidster. Additional policies and terms (such as our
and terms are incorporated into these Terms and Conditions of use and form part of your
other legal notices published by myVidster on the Website, shall constitute the entire Agreement
between you and myVidster.
As used in this Agreement, the words "use" and "using" mean an individual (a "user"), directly
or indirectly, with or without the aid of a machine or device, accessing, operating, displaying,
viewing, printing, or copying any content of our Website, transmitting, receiving, or exchanging
data or otherwise communicating with our Website, in any way utilizing, benefiting from, or
otherwise interacting with our Website, or attempting to do any of these activities.
If, for any reason, you do not agree with all of the Terms and Conditions contained in this
Agreement, please discontinue accessing and using this Website immediately. By using or
attempting to use this Website, you agree that you have read, understand, and accept the terms
and conditions of this Agreement and you agree to be legally bound by them.
myVidster reserves the right to terminate this Agreement, or to refuse, restrict, or discontinue
service or access to the Website (or any portions, components, or features of the Website) to
you or anyone else, for any reason or for no reason whatsoever, at any time, without notice or
liability. Failure to comply with the Terms and Conditions of this Agreement may, among other
things, result in the immediate termination of your access to and use of the Website.
herein, from time to time, and we may amend them at any time to incorporate additional terms
specific to additional features, materials, products, opportunities, or services that we may make
available on or through the Website. All such updates and amendments are effective immediately
upon notice thereof, which we may give by any means, including, but not limited to, by posting
a revised version of this Agreement or other notice on the myVidster Website. YOU ARE
RESPONSIBLE FOR REGULARLY REVIEWING THE MYVIDSTER WEBSITE TO
OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS, AS YOUR
CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR CONTINUING CONSENT TO BE
BOUND BY THIS AGREEMENT. myVidster expressly reserves the right to make any changes
to this Agreement, or to the Website and its content, at any time, without prior notice to you.
Such changes, updates, or amendments shall not serve to constitute a default or termination by
myVidster of this Agreement.
The myVidster Website allows users to view, link to ("bookmark"), collect, share and discuss
third-party video content from around the Internet. myVidster does not allow users to upload
videos to its servers. myVidster allows its users to view the content and the Website subject to
the Terms & Conditions of this Agreement.
The myVidster Website contains links to third-party video content that is in no way owned,
controlled or hosted by myVidster. myVidster assumes no responsibility for the content of
third-party videos and cannot censor or edit the content of such videos. You acknowledge that
myVidster will not be liable for any and all liability arising from your use of or linking to any
third-party video content.
myVidster is for personal use only and shall not be used for commercial purposes except those
specifically endorsed or approved by myVidster. Any illegal and/or other unauthorized use
of myVidster is prohibited, including but not limited to collecting personal data for sending
myVidster provides a family filter that prevents access to adult content. If you use myVidster
without the family filter, you affirm that you are at least eighteen (18) years old and/or are
above the age of majority in the jurisdiction in which you reside and from which you access the
Website. If you are under the age of 18 or the age of majority in your jurisdiction, you may not
use myVidster without the family filter.
You must register as a myVidster user to share video links on myVidster. Registration requires
providing a valid email address.
myVidster requires each registered user to have a unique user name and password to use our
Website. You may choose a user name and password. Your user name and password are personal
to you, and you may not share them with others or allow others to use them. myVidster is
not liable for any harm caused by, or resulting from, your disclosure of your user name and
password, your authorization of anyone else to use them, or any theft or misappropriation of
them. You are solely responsible for maintaining the strict confidentiality of your user name and
password and for any charges, costs, expenses, damages, liabilities, or losses that are incurred
or suffered by myVidster or by others if you fail to do so. You agree to notify myVidster
immediately if there is, or if you believe there may have been, unauthorized activity or any other
security concerns regarding your user name or password. You agree that you, and not myVidster,
remain solely responsible for activity, use, and conduct on myVidster that is associated with
your user name or password, unless and until you notify us that your user name or password may
have been compromised, misappropriated or improperly taken by another. In addition, while
we take such commercially reasonable measures as we deem appropriate to secure and protect
information transmitted to and through myVidster, we cannot and do not guarantee that any such
transmissions are or will be totally secure.
You agree that you will not (nor others using your account) link to, post or make available in any
way on myVidster, videos, comments or any other content that intentionally or unintentionally
violates any applicable local, state, national, or international law, or any regulations having the
force of law where you reside or elsewhere. You agree not to use myVidster in any way that
exposes myVidster to criminal or civil liability.
You acknowledge and agree that you are solely responsible for any content you link to, post, or
otherwise make available on myVidster, or to any third-party website via an embedded player
provided by myVidster, and for any other material or information that you transmit or share
with other users or unrelated third parties via myVidster. myVidster provides its website as a
service to its users. However, myVidster assumes no responsibility whatsoever for monitoring
the Website for inappropriate content or conduct. myVidster may review and delete any video,
user comment, or other content that, in its sole judgment, violates this Agreement or may be
otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or
person not associated with the Website.
myVidster does not permit bookmarking, posting, or otherwise making available any video, user
comment, or other content that:
(a) is harassing, harmful, threatening, tortuous, abusive, defamatory, libelous or
(b) promotes or depicts illegal activities, physical harm or injury to any group or
individual, or any act of cruelty to animals;
(c) is hosted on password-protected websites or private file servers or is
invasive of privacy in any way, including but not limited to content that reveals
(d) constitutes hate speech or promotes or reflects animosity or denigration based on
race, gender, sexuality, disability or any other protected characteristic; or
(e) violates any copyright or other intellectual property right you do not own or
Please review myVidster's do not post list to familiarize yourself with common sources of
copyrighted content that likely should not be bookmarked on or otherwise made available on
You agree that all adult video content you bookmark on myVidster, including but not limited
to graphic sexual content, must be flagged as either "adult" or "private." In accordance with 18
U.S.C. 2257, myVidster maintains a zero-tolerance policy for video content containing child
pornography or sexually suggestive depictions of minors. myVidster will immediately terminate
the myVidster accounts of any user who bookmarks or otherwise makes available such videos
and remove the links in question.
You also agree that you will not bookmark, post or otherwise make available on myVidster
software containing viruses or any other computer code, files, or programs designed to destroy,
interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer
software or hardware or telecommunications equipment.
You also agree not to circumvent, disable or otherwise interfere with security-related features of
myVidster or features that prevent or restrict use or copying of any content or enforce limitations
on use of myVidster or the content therein.
Violation of any of the Terms and Conditions of this Agreement may result in removal of the
content and/or termination of your myVidster account and access at any time without notice.
myVidster retains the right to determine, in its sole and unfettered discretion, what further action
may be taken in the event of any discovered or reported violation of this Agreement.
- 18 U.S.C. 2257 Statement
myVidster.com allows users to collect and share bookmarks to third-party video content.
myVidster does not create any video content. As such, myVidster.com is not a producer
(primary or secondary) of any of the content found on the Website. With respect to the records
required by 18 USC 2257 for any and all content found on the Website, please direct your
request to the third-party site for which the content was produced. For further assistance and/or
information in finding the content's originating site, please contact myVidster.com compliance at
myVidster.com allows content to be flagged as inappropriate. myVidster.com promptly
removes any content flagged as illegal, unlawful, harassing, harmful, or offensive. Users of
myVidster.com who encounter such content are urged to flag it by clicking 'flag as inappropriate'
link found below each video.
- Intellectual Property
myVidster respects the intellectual property of others. By bookmarking video content on
myVidster, you represent and warrant that such public display does not constitute copyright
infringement or violation of any other intellectual property rights.
It is myVidster's policy to respond promptly to legitimate claims of copyright and other
intellectual property infringement. myVidster will promptly process notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying
or substantially complying with the DMCA, myVidster will act expeditiously to remove or
disable access to any reference or link to material that is claimed to be infringing. myVidster will
terminate the accounts of registered users who are determined to be repeat infringers.
To provide myVidster notice of an infringement, you must provide a written communication
to the attention of "DMCA Infringement Notification Dept." at copyright@myVidster.com
that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/
92chap5.html#512). Please note that you may be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that content is infringing your copyright.
You may mail notice of infringement to myVidster's designated agent:
815-A Brazos Street #365
Austin, TX 78701
If we remove or disable access to content in response to an infringement notice, we will make
reasonable attempts to contact the owner or administrator of the affected content. If your
material has been removed and you believe that your material does not constitute infringement,
you may provide myVidster with a counter notification by written communication to the
attention of "DMCA Counter Notification Dept." at copyright@myVidster.com that sets forth
all of the necessary information required by the DMCA (http://www.copyright.gov/title17/
92chap5.html#512). Please note that you may be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that the material does not constitute copyright
infringement. If you are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney.
You represent and warrant that all of the information you provide to myVidster to participate
in the myVidster Website is accurate and current and you have all necessary rights, power, and
authority to enter into this Agreement and to perform the acts required of you hereunder.
and its modifications. You further acknowledge and agree that data collected and maintained by
myVidster with regard to its users may be disclosed in accordance with the myVidster Privacy
- DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE MYVIDSTER WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYVIDSTER, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. MYVIDSTER MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN;
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH MYVIDSTER BY ANY THIRD PARTY,
- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT BOOKMARKED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE MYVIDSTER WEBSITE. MYVIDSTER
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE MYVIDSTER WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND MYVIDSTER WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT MYVIDSTER SHALL NOT BE LIABLE FOR BOOKMARKED VIDEO
CONTENT OR USER-POSTED COMMENTS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT
THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by myVidster from its facilities in the United States of
America. myVidster makes no representations that the Website and/or its content is appropriate
or available for use in other locations. Those who access or use the Website from other
jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless myVidster, 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 attorneys' fees) arising
- Your use of and access to the myVidster Website;
- Your violation of any of these Terms and Conditions;
- Your violation of any third-party right, including but not limited to any
copyright, property, or privacy right; or
- Any claim that your bookmarking of any content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the
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 this Agreement,
and to abide by and comply with these Terms and Conditions contained herein.
The Terms and Conditions contained herein, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by myVidster without restriction.
This Agreement shall be governed by and construed in accordance with the laws of Texas and
the United States of America, without regard to conflict-of-law principles. You consent to
service of process in any legal proceeding.
If any term, clause or provision of this Agreement is held invalid or unenforceable by a court
of competent jurisdiction, such invalidity shall not affect the validity or operation of any term,
clause or provision and such invalid term, clause or provision shall be deemed to be severed
from this Agreement. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and myVidster's failure to assert any right or
provision of this Agreement shall not constitute a waiver of such right or provision.