Beta Version. You acknowledge that the Website is a pre-release version and may not work properly, or conform to your particular purposes or needs. You acknowledge that your use of the Website may expose you to unusual risks of operational failures, and that you will use it only for purposes that conform with such risks. Accordingly, you assume all risks associated with utilizing a pre-release version of the Website in a live production environment. Verse may terminate the Website at any time, in its sole discretion. Verse’s later released version of the Website may change substantially from the pre-release version, and programs that use or run with the pre-release version may not work with the commercial release or subsequent releases. You agree to provide prompt feedback regarding your experience with the Website in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems that you may experience. You agree that we may use your feedback for any purpose, including Website and product development purposes. Any intellectual property inherent in your feedback or in other materials you deliver to us for our review shall be assigned to and owned exclusively by Verse unless you first obtain our consent, prior to delivering to us, to accept materials without transfer of intellectual property rights.
This Website is owned and operated by Verse, and contains material which is derived in whole or in part from material supplied by a variety of sources.
General Use. Our Website shall only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated in the Content Contributor guidelines below, you are authorized to view, access and use our Website and any audio and video found on our Website for personal, informational, and noncommercial purposes only.
Commercial Use. Verse Pro users may use and access our Website for commercial and non-commercial purposes, subject to compliance with the Content Contributor guidelines below.
You will comply with all applicable laws regarding your use of our Website. The Website, its Content and all related rights shall remain the exclusive property of Verse or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on our Website.
Trademarks. All trademarks, service marks and trade names of Verse used herein (including but not limited to: the Verse name, the Verse corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Verse or its affiliates or licensors. You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Verse’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed. Verse prohibits the use of the Marks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.
Accuracy of Information. We attempt to ensure that information on our Website is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on our Website.
User-Provided Content. Content provided or published by users of the Website (“User-Provided Content”) does not represent the views of Verse. Verse does not endorse or vouch for the accuracy or credibility of any User-Provided Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User-Provided Content on our Website. Through your use of the Website, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Website, you assume all associated risks.
Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by Verse. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Verse is not responsible for any content, materials or other information located on or accessible from any other website. Verse does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
LIMITATION OF LIABILITY. VERSE DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL VERSE BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VERSE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT VERSE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Release. In the event that you have a dispute with one or more other users of the Web Site, you release Verse (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Verse has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Verse has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Verse or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of these Terms and Conditions. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Dan Bigman, firstname.lastname@example.org 43-01 22nd Street, Studio 501, Long Island City, NY 11101.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Embedding. You may embed our projects as long as you don't modify our embed code. Verse reserves the right to disable or otherwise modify your embed instance at any time for any reason. Any links to this Website must comply will all applicable laws, rules and regulations.
Other. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
DISCLAIMER. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. . VERSE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND VERSE DOES NOT MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERSE DOES NOT WARRANT THAT SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
We do not guarantee continuous, uninterrupted or secure access to our Website and operation of the Website may be interfered with by numerous factors outside of our control.
Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2015, Verse or its licensors. ALL RIGHTS RESERVED.
DELIVERY AND PUBLICATION OF CONTENT
Verse will provide you with an online platform, the Website, to publish your original video and related Content (the “User Content”).
Pursuant to this Agreement, Verse shall be entitled, but not obligated, to publish your User Content. Except for formatting necessary to make the User Content available online, Verse shall publish the User Content in the form you provide it, and shall not materially edit, change or revise any User Content without your prior approval. Notwithstanding the foregoing, Verse shall have the right to determine in its sole discretion whether the User Content you provide meets its appropriateness, quality or other standards for publication.
LICENSE. In consideration for Verse posting your User Content, you hereby grant to Verse a perpetual, irrevocable, transferable, worldwide license to publish, use, copy, reproduce, distribute, and monetize the User Content you provide in all media including but not limited to the Website, other websites, and any other wireless or mobile platforms whether now known or hereafter created. You further grant to Verse the right to use the User Content in advertising or promotions for the User Content and Verse and the right to use your name, likeness or information about you in a fair and dignified manner in connection with the advertising and promotion of the User Content and Verse.
COPYRIGHT/COVERAGE. Except for the rights granted to Verse hereunder, you retain all rights, including but not limited to, copyright in the User Content. We intend that this agreement shall cover any User Content provided by you for publication after the date of this agreement.
REPRESENTATIONS AND WARRANTIES.
Mutual Representations and Warranties
Each party represents and warrants to the other party that: (a) it has the full power and authority to enter into and to perform its obligations pursuant to this Agreement; and (b) the execution of this Agreement by such party, and the performance by such party of its obligations and duties hereunder, does not and will not violate any agreement to which such party is a party or by which it is otherwise bound.
Creator Representations and Warranties
You represent and warrant that you will be the sole author of the User Content; that the User Content will be original; that the User Content will not knowingly contain any untrue statements or material that is deceptive, fraudulent or intentionally misleading, that it will not knowingly invade any right of privacy or infringe upon any statutory or common law copyright or otherwise violate the rights of any third party or any applicable law or regulation and that all statements in the User Content which are asserted as facts are true and/or based upon reasonable research for accuracy. You agree to cooperate in the defense of any legal action brought against Verse arising from the publication of your User Content and you agree to retain all notes, outtakes, copies relating to the User Content for three (3) years from publication.
You agree and represent that you will disclose to Verse in writing any actual or potential conflict of interest, including but not limited to any financial interest in any product, firm or commercial venture relating to the subject of your User Content.
You agree and represent that you will clear at your expense, the rights set forth in Section 2 for any third party content you include in your User Content.
5.1. Indemnification. You shall indemnify Verse and hold Verse harmless against any liability, cost or expense including reasonable attorneys’ fees incurred as a result of any breach of your representations or warranties.
Verse will: (a) promptly notify you of each Claim; provided, that failure to so notify shall not relieve you of your indemnification obligations hereunder; and (b) provide you, at your expense, with all assistance and information reasonably required for the defense and settlement of the Claim. You will not enter into any settlement or compromise of a Claim without Verse’s prior written consent. Verse shall have the right to retain counsel and to defend and settle any Claim, subject to reimbursement by you of any costs incurred or amounts paid by Verse in connection with such defense and settlement.
LIABILITY OF CONTENT CONTRIBUTORS. YOU UNDERSTAND THAT YOU ARE RESPONSBILE FOR ANY LEGAL CLAIM ARISING FROM THE USER CONTENT YOU PROVIDE TO VERSE AND THAT VERSE INTENDS TO TREAT SUCH USER CONTENT AS COVERED BY THE SAFE HARBOR AFFORDED TO INTERNET PLATFORMS PURSUANT TO SECTION 230 OF THE COMMUNICATIONS DECENCY ACT.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
TERM AND TERMINATION.
This Agreement will become effective as of the Effective Date and shall, unless sooner terminated as provided below or as otherwise mutually agreed, remain in effect for the twelve (12) consecutive calendar month period immediately following the Effective Date and at the end of such period shall thereafter automatically renew for successive twelve (12) month periods (the “Term”).
Termination for Breach
This Agreement may be terminated by either party if the other party breaches any of its obligations under this Agreement in any material respect, which breach is not remedied within thirty (30) days following written notice to such party.
8.3. Termination for Convenience. Verse shall have the right to terminate this Agreement at any time upon notice to Creator. Survival
The rights and obligations of the parties under Sections 2, 3, 4, 5, 6, 7 and 9 will survive any termination or expiration of this Agreement.
9.1. Relationship of the Parties. Nothing herein shall be construed to create an employer-employee relationship between Verse and you. You are an independent contractor and not an employee or agent of Verse or any of its subsidiaries or affiliates. You have the right to control the means, manner and method by which you create the User Content and you assume responsibility for the quality, scope and accuracy of the User Content.
9.2. Modification, Assignment. This Agreement contains our entire understanding and may not be modified, waived, or discharged orally. It is not assignable or delegable, in whole or in part, by you. Verse may assign this Agreement, in whole or in part, without limitation or restriction. Any modifications, waiver or discharge of this Agreement must be in writing and signed by you and by Verse.
Governing Law, Jurisdiction, Severability
This Agreement shall be governed by the laws of the State of New York and the parties agree to the exclusive jurisdiction of the courts located in the Southern District of NY. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. This Agreement supersedes any prior agreement between you and Verse pertaining to the subject matter hereof.
Privacy is important. We respect yours.
We collect information about what Verse pages you access or visit, information about your mobile device (such as device or browser type), information volunteered by you (such as through registration), the URLs of websites that referred you to us, access times, and e-mail addresses of those who communicate with us via email.
When you log into the Verse site or load a web page from Verse, we collect and store your Internet Protocol address. We may use this information to fight spam, malware, and identity theft; to personalize Verse Services for you; or to generate aggregate, non-identifying information about how people use Verse Services.
When you create your Verse account, and authenticate via a third-party service like Facebook, we may collect, store, and periodically update the contact lists associated with that third-party account, so that we can make it easy for you to connect with your existing contacts from that service who are also on Verse.
We may occasionally need to email you some administrative info, tell you something important about your account or changes to our services, or update you on new policies. These administrative communications are considered a basic part of Verse Services, and you may not be able to opt out from receiving them. You can always opt out of non-administrative emails.
The information we collect is used to provide and improve Verse Services and to:
manage your account
perform research and analysis about your use of Verse Services
communicate with you about Verse Services
develop and display content and advertising tailored to your interests on our site
enforce our terms and conditions; and to
manage our business.
In the future, we may use financial information or payment methods to process payment for subscriptions or sales made on our site and otherwise as needed to manage our business.
We may share your personal information with:
Authorized service providers. We may share your personal information with our authorized service providers that perform certain services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners. We may share your personal information with businesses with which we partner to offer you products, services, advertising, promotions, contests and/or sweepstakes.
Other situations. We may disclose your information in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to comply with applicable law or cooperate with law enforcement; to protect and defend the rights, property or safety of our company, or to enforce our terms and conditions or other agreements or policies. We may also disclose your personal information in connection with a substantial corporate transaction such as the sale of our business.
A cookie is a small piece of text, which often includes an anonymous unique identifier, sent to and saved by your web browser when you access a website.
Most browsers have an option for disabling cookies, but if you disable them you may not be able to sign in or use some of the interactive features offered on our site.
We respect (“DNT”) settings in browsers. If you are logged out of our services and have DNT enabled, we will not set cookies that can be used to aggregate information about your usage. We may use some cookies to enhance your experience by storing preferences or options.
We may allow third-parties, including our authorized partners, advertising companies, and ad networks to display advertisements on our site. These companies may use tracking technologies such as cookies to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Those third parties may have their own privacy policies that describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once it is collected.
If you are a registered Verse user, you can access or modify your personal information or delete your account.
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. This means that after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
We use encryption (HTTPS/TLS) to protect data transmitted to and from our site. However, no data transmission over the Internet is 100% secure, so we can’t guarantee the absolute security of this data. You use the service at your own risk, and you are responsible for taking reasonable measures to secure your account (such as keeping your password secret).
Verse Services are intended for general audiences and are not directed to children under 13. We don’t knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us. If we learn that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
Verse may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Verse account or by placing a prominent notice on our site before the changes take effect.
The most current version of the policy will always be verse.media and we will archive former versions of the policy.
We welcome questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know.