Terms of Use

Terms of Use

Use of this web site, software, services and information distributed in conjunction with this website is offered to you on your acceptance of these Terms of Use, Disclaimer, End User License Agreement, our Privacy Policy and other notices posted on this web site. Your use of this web site or of any content presented in any and all areas of the web site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this web site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or web site. We suggest you print a copy of each of these documents for your records.

VideoWhisper.com shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these terms without notice or liability to you. Any changes to these terms shall be effective immediately following the posting of such changes on this web site.

Acceptable Usage Policy for Hosting, Sites, Software and Network

E-Mail Policy

  • You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it;
  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's our staff's requests to produce consent evidence within 72 hours of receipt of the request.
  • You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

Offensive Content

You may not publish or transmit any content that we reasonably believe:

  • constitutes child pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person's trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
  • is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers;

18 U.S.C. 2257 Compliance
In compliance with the FEDERAL LABELLING AND RECORD-KEEPING LAW (also known as 18 U.S.C. 2257) all models located within your domain were 18 years of age or older at the time of photography. All models' proof of age is held by the custodian of your records. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.


Hosted Domains

You must have valid and current information on file with your domain name registrar for any domain hosted or used with the network or software.


Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the hosting network.
  • Use of network in a way that unreasonably interferes with other customers use of the network

Copyright Material

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established copyright law to copy the work in that manner.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using this network, please send your written notice of copyright infringement in a ticket.

Your notice must include (or you must be able to provide) the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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