Terms of Service
General information
The vKaiser.com web site is developed for users to share videos. All videos uploaded on the site are visible to all Internet users who wish to access the vKaiser.com site. Anonymous users can not share videos, but can comment on other users’ videos. Users of the site can also make a Twitter (Twitter.com) tweet by using their own Twitter account or by using the shared vkaisercom Twitter account. Interested users can also follow the vkaisercom Twitter account to be up to date on what happens at vKaiser.com site. Users can access the site with their Facebook (facebook.com) account if needed, but a separate account can be generated as well. If a user authenticates with her Facebook account, the site may post information about the user’s activities to Facebook wall. These terms of service will apply to all services offered by this site. The use of third party services (such as, but not limited to Twitter.com or Facebook.com) may though change and will not be included in the services in this terms of services.
License
By using the site vKaiser.com you agree that you have read these terms of service and are legally bound by these terms. Your agreement is just like you had signed a paper to agree with the terms. The material on this site is not screened by the staff, thus you must at least 18 years of age to use the site. This is for your own protection. Parents (guardians) are solely responsible of their minors’ activities on the Internet.
The vKaiser.com site is developed all the time, thus the sites functionality may change at any given time. Users’ access to some functionality or service may change or even discontinue if the vKaiser.com staff sees it as needed.
You may view and use the site any way we (vKaiser.com staff) sees fit. The basic services offered by the site are what we support, such as sharing videos, viewing videos, rating videos and commenting videos. We though appreciate the use of the site in innovative ways, but we may still revoke such access or service if it is harmful to us, you or other users.
Accessing the services
We provide anonymous access to view the site. Anonymous users can't upload material on the site, but can view, comment and rate other users’ videos. By registering on the site either through Facebook.com or through basic user registration, you will have to provide a user name and a valid email address from where you get your password. If you don't provide a valid email address, you can't use the site with the basic registration.
Your username must not be offensive. Use your own name for example. You must not impersonate any other person. If we see any problems with your username, we may change or delete your account and refuse from you any further use of the site even with a valid username.
The registration form may also ask you more questions about for example your name, gender, location and interests. By using the site and registering, you agree to give us valid information in this form. A selected part of the information entered on the registration form may be available on the profile page which is available to all authenticated users.
Resources
The resources (for example the storage space, viewed videos) offered by or to each user may change. The offered video conversion quality may change to better or worse. Also, the video conversion may not happen instantly after the video has been attached on the site and saved. The conversion (and publishing to the site) may happen when the vKaiser.com staff sees appropriate. We though aim at real time conversion.
The material shared on the site can be (but not limited to) deleted, purged or converted to a different format at any time vKaiser.com staff sees fit. Inactive accounts can also be processed and deleted. By agreeing with these terms you also acknowledge, that vKaiser.com can’t be held responsible for any failures within the conversion, storage or presentation of the videos shared on the site.
Shared Videos
When you upload a video on the site, you are also giving vKaiser.com and our affiliates and successors the license to create copies of your video on our 3rd party content delivery network. We may also need to convert your video in a different format and resolution and bandwidth or in general, modify your video to make the video compatible with the vKaiser.com services. We can also transmit your video to other networks created at some time in the future. We can display your video on vKaiser.com or within any other site publicly. We have a permission to use your shared videos in order to promote the vKaiser.com site without compensating you for using your videos.
The vKaiser.com site code of conduct
You are responsible of all the activities you perform on the site and what videos you view or comment you view. The vKaiser.com staff can’t be held responsible of the content uploaded by users and will not take responsibility of the video content.
By agreeing to these terms, you will also agree not to upload material which contains actual violence, is hateful, racist, insulting to other people’s privacy, abusive or just plain nasty. Users have the possibility to rate videos to be “Sick!” which after a few hits will cause the video to be unpublished and deemed to be inspected by the vKaiser.com staff.
All videos or comments which harm minors in any way are not allowed and will be deleted.
If you don’t have the necessary rights to upload material on the site, the video will be deleted. The rights included but are not limited to for example copyright permissions, intellectual property or trademark violations.
If your shared material contains a virus or is harmful to other users in anyway your material and account will be deleted.
If your shared material contains material which is illegal by the Finnish Law, your shared material and account will be deleted.
If you harass or bully other people your account will be deleted as well as your shared material.
Monitoring
The vKaiser.com staff can’t monitor the site fully and can’t be held responsible for the material potentially violating the vKaiser.com code of conduct. We may though monitor some areas of the site if seen needed.
We as the vKaiser.com enablers are only acting as a passive service provider for the user generated content. We will not take the responsibility from the user of their shared content. We don’t guarantee the non-infringement of the material on this site or the accuracy, integrity or quality of the material. There might be material which can be seen as offensive or unlawful. It is your duty to click the “Sick!” link at that time to get the video out from the system. This will help the community and really demonstrate that you are a good person with a good warm heart. Do not hold vKaiser.com responsible for the content which you find offensive or nasty. We will not be liable for such content, but if we do find such content on our site and find the material disturbing and illegal, we will work with the law enforcement in investigating the case.
Service Availability
We are working hard to implement a robust, elastic and highly available system, but since we are only humans and the system relies on third party vendors, we can’t guarantee that the system is up all the time. We are not responsible of the service availability or the consequences which may rise from the service not being available.
Warranties
We do not supply you as a user of vKaiser.com any warranty. The service is what you get and it might or might not fulfill your needs. You use the site at your own risk.
Intellectual Property
We own this site apart from the videos or any other user submitted materials which we get the license from you when you upload or generate content on this site. The content on this site (apart from the user submitted materials) is protected by the Finnish Law as well as international law. You may download a copy of the material on this site for your own private non-commercial use. This data is licensed by us to you, but you agree not to modify, sell, distribute or in general not do anything else than enjoy the data in your own privacy.
Copyright protection
We respect the copyright permissions and comply with the eCommerce directive of the European Community as well as the Finnish version of this same directive (Laki tietoyhteiskunnan palvelujen tarjoamisesta 5.6.2002/458) which states vKaiser.com to be exempt from the responsibility of the delivered content if vKaiser.com
1) is not the party which initiated the transfer
2) does not pick the destination of the transfer
3) choose or change the data which is to be transferred
We do not initiate the transfer, it is the user who the shares videos and is responsible of the shared content to adhere with the copyright or any other legal aspects. We do not pick the destination of the transfer, it is the user who views a video or uploads material to us. We do not change (other than making the uploaded material compliant with the site) or choose the material to be transferred.
If a shared material would be violating the Finnish Law (for example the copyright permissions) we as the vKaiser.com staff, need to get (according to 15 § of the law in question) information about the potential violating material. You may contact (this is the contact point as defined in the Finnish Law) us in:
and in written form to:
Pauli Haikonen
Hernesaarenkatu 7 B 14
00150 Helsinki
Finland
Please describe the following information in your notice:
1) The name of the person who is giving the notice
2) The material identified by the URL which violates your IPR and is requested to be removed
3) Your sincere authorization that this material is illegally in vKaiser.com
4) Information that you have tried to reach the actual person (vKaiser.com user) who shared the content on vKaiser.com
5) Your sincere authorization that this material is indeed under your copyright
6) Your signature
After receiving your notification we will remove the material as soon as possible in order to comply with the Finnish Law. We will also notify the producer of the content (the person who uploaded the material) if the user can be identified. As stated by the law, if you fail to provide your name, the notice is ineffective. If you fail to provide clear indication of the content in question, vKaiser.com will initiate reasonable actions to comply with the request.
Yours sincerely,
The vKaiser.com staff
This page was last updated 28.04.2010
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