Videonary, LLC (“Videonary.com” or “Videonary”) welcomes you! Videonary.com provides its services to you, subject to the following Terms of Service (the "Terms of Service"), which may be updated by us from time to time without notice to you. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries. Videonary.com may also offer other services that are governed by different Terms of Service such as paid services for merchants/clients.

Description of videonary.com services ::
Videonary.com provides users with a rich and unique collection of resources, including but not limited to an online video directory, search services, various communication tools, shopping services, personal networking services, personalized content and branded programming which may be accessed through any various medium or device now known or hereafter developed (the “videonary.com services”). You also understand and agree that the videonary.com services may include advertisements and that these advertisements are necessary for Videonary, LLC to provide the videonary.com services. You also understand and agree that the videonary.com services may include certain communications from Videonary, such as service announcements, administrative messages and the Videonary Newsletter, and that these communications are considered part of Videonary membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current videonary.com services, including the release of new Videonary properties, shall be subject to the Terms of Service. You understand and agree that the videonary.com services are provided "AS-IS" and that Videonary assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the videonary.com services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the videonary.com services.

Changes to videonary.com and Terms and Conditions ::
We reserve the right to modify or terminate the videonary.com services for any reason, and without notice, without liability to you, any other Client and Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration ::
You must be 18 years or older to use the videonary.com services. By registering for the videonary.com services, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. In addition, you must provide true, accurate and complete registration information to be a videonary.com member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Appropriate Conduct and Content; Personal use only ::
The videonary.com services are made available for your personal, non-commercial use only. You may not in any shape or format remove, copy, download, and redistribute any contents of videonary.com. Businesses, organizations or other legal entities may not use the videonary.com services for any purpose. You may not use the videonary.com services for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the videonary.com services. We may, but shall have no obligation to, monitor and remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Videonary.com reserves the right, in its sole discretion, to reject, refuse to post or remove any Materials by you, or to restrict, suspend, or terminate your access to all or any part of the website and/or videonary.com services at any time, for any or no reason, with or without prior notice, and without liability. Other examples of illegal or unauthorized uses include, but are not limited to:

• modifying, adapting, downloading, translating, or reverse engineering any portion of the videonary.com services;
• removing any copyright, trademark or other proprietary rights notices contained in or on the videonary.com services;
• using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the videonary.com services;
• collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
• reformatting or framing any portion of the web pages that are part of the videonary.com services;
• creating user accounts by automated means or under false or fraudulent pretenses;
• creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
• submitting Materials of any third party without such third party's prior written consent;
• directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
• submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by videonary.com;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• submitting Materials that are unlawful or promote or encourage illegal activity; or
• submitting false or misleading information.

While videonary.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the videonary.com services at your own risk.

Videonary.com's Proprietary Rights ::
By submitting, posting or displaying any Materials on or through the videonary.com services, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission. Videonary, LLC and its affiliates and licensors own and retain all rights in the videonary.com Web site and services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by videonary.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of videonary.com's proprietary information. "Videonary" and "videonary.com" are trademarks of Videonary, LLC. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Privacy Policy ::
Our collection and use of personal information is governed by our Privacy Policy. Click here to review the videonary.com’s Privacy Policy. You understand and agree that videonary.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of videonary.com, its affiliates or the public.

Disclaimer of Warranties ::
Videonary, LLC and its affiliates, licensors, partners, suppliers, consultants and agents ("Videonary") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the videonary.com services. Videonary disclaims any and all responsibility and liability for the conduct of any Member. THE VIDEONARY.COM SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE VIDEONARY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS-IS," WITH NO WARRANTIES WHATSOEVER. VIDEONARY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE VIDEONARY.COM SERVICES ARE ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity ::
You agree to hold harmless and indemnify Videonary from and against any third party claim arising from or in any way related to your use of the videonary.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Videonary will provide you with written notice of such claim, suit or action.

Limitation of Liability ::
UNDER NO CIRCUMSTANCES WILL VIDEONARY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE VIDEONARY.COM SERVICES, WHETHER OR NOT VIDEONARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE VIDEONARY.COM SERVICES, FROM INABILITY TO USE THE VIDEONARY.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VIDEONARY.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL VIDEONARY BE LIABLE TO YOU FOR ANY AMOUNT.

Links ::
The videonary.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Videonary has no control over such sites and resources, you acknowledge and agree that Videonary is not respons ible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Material, advertising, products, or other contents on or available from such sites or resources. You further acknowledge and agree that Videonary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Material, goods or services available on or through any such site or resource.

Term and Termination ::
These Terms of Service will apply to your use of the videonary.com services. At any time, you can terminate your account, which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the videonary.com services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices ::
Videonary may provide you with notices regarding the videonary.com services or these Terms of Service by regular mail, email, or postings to this Web site.

Miscellaneous Provisions ::
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of San Diego, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Videonary be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Videonary with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Copyright Information ::
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the videonary.com services, please read the following information for filing or responding to a notice of infringement. To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format:

• Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the image that appears on Shane Wanker.
• Identify the material that you claim is infringing the material listed in item #1 above.
• Provide information reasonably sufficient to permit videonary.com to contact you (email address is preferred).
• Provide information, if possible, sufficient to permit videonary.com to notify the user(s) who posted the content that allegedly.
• Contains infringing material (email address is preferred).
• Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• Sign the paper.
• Send the written communication to our office: Videonary, LLC 6950 Friars Rd Suite 200 San Diego, CA 92122

The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question. To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

• To expedite our ability to process your counter notification, please use the following format:
• Identify the specific URLs of material that Videonary.com has removed or to which Videonary.com has disabled access.
• Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Diego County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to videonary.com of the infringement or an agent of such person.
• Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• Sign the paper.
• Send the written communication to our office: Videonary, LLC 6950 Friars Rd Suite 200 San Diego, CA 92122