In order to access upload a video product review service, you will have to create a Myotcstore.com account. You may never use another's customer account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Myotcstore.com immediately of any breach of security or unauthorized use of your account.
Although Myotcstore.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Myotcstore.com or others due to such unauthorized use.
By using or visiting the Myotcstore.com website or any Myotcstore.com products, through the Myotcstore.com website you signify your agreement to (1) these terms and conditions, (2) Our Privacy Policy, found at http://www.myotcstore.com/store/pg/6-Privacy-Policy.aspx and incorporated herein by reference, If you do not agree to any of these terms, the Myotcstore.com Privacy Policy, or Website Trams & Conditions found at http://www.myotcstore.com/store/pg/10-terms-and-conditions.aspx, please do not use the Service. The Service is provided by Myotcstore.com, owned by Darisi Inc., which, along with its products and services, is referred to as "Myotcstore.com" in these Terms of Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date terms at http://www.myotcstore.com/store/pg/10-terms-and-conditions.aspx Myotcstore.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Product Video Review Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Myotcstore.com, including but not limited to all products, software and services offered via the Myotcstore.com website, the Myotcstore.com "Upload your product review" and other applications.
The Service may contain links to third party websites that are not owned or controlled by Myotcstore.com. Myotcstore.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Myotcstore.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Myotcstore.com from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
General Use of the Service—Permissions and Restrictions
Myotcstore.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without Myotcstore.com's prior written authorization.
You agree not to alter or modify any part of the video you already uploaded.
You agree not to use the Service for any of the following commercial uses unless you obtain Myotcstore.com prior written approval: We can allow manufacturers/vendors to sale of the products by 3rd party vendors may post their product videos to promote their products.
We allow advertising, sponsorships, or promotions placed on their products within the Service or Content uploaded in the video with prior permission.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Myotcstore.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Myotcstore.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Myotcstore.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Myotcstore.com reserves the right to discontinue any aspect of the Service at any time.
You're Product Video Review Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
You understand that when using the Service, you will be exposed to Product Video Review Content from a variety of sources, and that Myotcstore.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Myotcstore.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Myotcstore.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Product Video Review Content and Conduct
As a Myotcstore.com account holder you may submit Content to the Service, including product review videos and user comments as product reviews. You understand that Myotcstore.com does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Myotcstore.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Myotcstore.com, you hereby grant Myotcstore.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Myotcstore.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Myotcstore.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Myotcstore.com all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Myotcstore.com Terms and conditions, currently found at http://www.myotcstore.com/store/pg/10-terms-and-conditions.aspx, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Myotcstore.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Myotcstore.com expressly disclaims any and all liability in connection with Content. Myotcstore.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Myotcstore.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Myotcstore.com reserves the right to remove video without prior notice.
You're Account Termination Policy
Myotcstore.com will terminate a user's access to the Product Video Review if, under appropriate circumstances, the user is determined to be a repeat infringer.
Myotcstore.com reserves the right to decide whether video content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Myotcstore.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Copyright Policy
Myotcstore.com operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. As part of Myotcstore.com copyright policy, Myotcstore.com will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
Warranty Disclaimer
You agree that you're use of the video uploading services shall be at your sole risk. To the fullest extent permitted by law, Darisi inc., d/b/a., myotcstore.com, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof. to the fullest extent permitted by law, myotcstore.com excludes all warranties, conditions, terms 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
(i) errors, mistakes, or inaccuracies of content
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
(iv) any interruption or cessation of transmission to or from our services
(iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party, and/or
(v) 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, emailed, transmitted, or otherwise made available via the services. myotcstore.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and myotcstore.com 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.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Darisi inc., d/b/a., myotcstore.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Darisi inc., d/b/a., myotcstore.com limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that Darisi inc., d/b/a., myotcstore.com shall not be liable for content 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 Service is controlled and offered by Myotcstore.com from its 3rd party vendor facilities in the United States of America. Myotcstore.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Myotcstore.com, 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 attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Myotcstore.com without restriction.
General Terms and Conditions
You agree that: (I) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Myotcstore.com, either specific or general, in jurisdictions other than California. You agree that the laws of California, excluding California's choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, New York City, New York USA and any other legal notices published by Myotcstore.com on the Service shall constitute the entire agreement between you and Myotcstore.com concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Myotcstore.com failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND Myotcstore.com You and myotcstore.com agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Please do not Post Obscure/unseen content
your account may be terminated permanently. Here are some common-sense rules that will help you steer clear of trouble: Please do not post videos for the products which we do not carry in our site. Myotcstore.com is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on Myotcstore.com. Also, be advised that we work closely with law enforcement and we report child exploitation. You must wear appropriate clothing for public view while posing yourself or anybody in your video.
Don't post videos showing bad stuff: Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked, or humiliated, don't post it.
Myotcstore.com is not a shock site. Don't post gross-out videos of accidents, dead bodies and similar things.
Respect copyright. Only upload videos that you made or that you are authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to or videos made by other users, without necessary authorizations.
We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from Myotcstore.com Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in posting this video. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages about the product we sell. Also please do not post videos for the products which we do not carry in our site.
Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them—just understand them and try to respect the spirit in which they were created. Violations of the Terms of Use may result in termination of your account. If your account is terminated you are prohibited from creating any new accounts.
You may not like everything you see in the Myotcstore.com product videos. Some of the content here may offend you—if you find that it violates our Terms of Use, then inform us thru email or using product review in the product detail page which will alert us to take appropriate action on the video.
You are welcome to post your product video reviews at your own responsibility as a local law abiding citizen whatsoever. Thanks for viewing and reading this page.
The Myotcstore.com Staff
Dated: 24th October, 2012