Welcome to WhoToView, a service of Digital Solutions, Incorporated(DSI). By using the services provided, via the website: whotoview.com, you accept the terms of this User/Contributor Agreement (the "Agreement").
A "User" is a person who registers on the Site to use the Site services. A "Contributor" is a User who voluntarily uploads a video file ("Content") and/or accompanying information to the Site, via the Users' registered Site account. The "Content" refers to all material contributed to the Site including text, audio and video files, images, sounds, etc. posted on, uploaded to, transmitted through, via telephone or internet, or linked from the Site.
If you do not agree to be bound by the terms and conditions of this Agreement, do not access, use or contribute to the Site. The User or Contributor will be termed User/Contributor for purposes of this agreement, as referring to both or either. The User/Contributors contributions of Content and/or use of the Site will constitute User/Contributors agreement to the Terms herein.
whotoview.com is a Site that provides a User/Contributor with the ability to upload (submit) Content to the Site's video database for access by Site visitors for public viewing. whotoview.com (DSI) does not guarantee any confidentially with respect to any User/Contributor submissions.
User/Contributors who provide video Content to the whotoview.com Site are not researched and are assumed reputable. By providing User/Contributor submissions User/Contributor understands that all Content text, email, text files, audio files, video files, images, sounds or other material uploaded on to, or transmitted through, via web site or internet, to and from the whotoview.com Site services, are the complete and sole responsibility of the person from whom such Content originated and are not the responsibility of DSI.
Furthermore, User/Contributor acknowledges that whotoview.com(DSI) does not monitor or endorse Content, Users or Content Contributors. However, DSI does, to the best of its ability, screen and approve Content for adherence to the Terms herein.
User/Contributor is entirely responsible for all Content that User/Contributor uploads, or in any way conveys or provides, or otherwise makes available via the Site. User/Contributor acknowledges that whotoview.com (DSI) shall have the right to (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Site, for violating the letter or spirit of the Terms of this Agreement or for any other reason.
Invalid and unacceptable video file Content is that Content which is considered by DSI to be libelous, abusive, threatening, harassing, defamatory, pornographic, obscene, offensive, conveys any obscene or offensive language, is invasive of another's privacy, hateful towards any group or individual, harms minors in any way, or violates the copyright or any other personal or proprietary rights of any third party, or is a duplicate, near duplicate or copy of any video file currently available on the whotoviewcom Site, or is deemed by DSI to be unrelated to the aim, purpose or spirit of the site's intent and scope, or constitutes spam or unauthorized commercial advertising, or encourages conduct that would constitute a criminal offense, gives rise to civil or criminal liability, or is deemed by DSI to be excessively violent, encourages violence, otherwise violates any local, state or federal, national or international law or regulation.
User/Contributor agrees, represents and warrants that in using the Site and Site services, User/Contributor will not upload, submit or otherwise transmit to whotoview.com Content that is not lawfully User/Contributors' to transmit, and that User/Contributor is solely responsible for ensuring that Content, which the User/Contributor provides while using the Service, by viewing, posting, emailing, messaging, linking or in any way sharing, uploading, downloading or providing, including, but not limited to, text, video, images, and sound (audio) does not constitute the wrongful use of any copyright, patent or trademark, or violate or infringe the copyright, or any other personal or proprietary rights, of any third party.
Furthermore, User/Contributor agrees not to, in any way abuse the Site, or provide or upload, any Content containing software viruses or other harmful computer code; or Content that in any way interferes with or disrupts the Site or Site services, or any servers or networks connected to, or used with, the Site. Additionally, User/Contributor agrees not to launch any type of automated system, including, but not limited to "spiders", "robots", "worms" etc. that accesses the Site. Furthermore, User/Contributor excessive use (no more than one in total) of adding web links, html anchors, hyperlinks (via href attribute or “hypertext reference”) to the User/Contributor account profile area or video description on the Site for the purposes of benefiting the User/Contributor's web locations on the internet will be considered cramming/spamming and is prohibited. Any contact information in the displayed a video title, or a displayed video thumbnail image is prohibited. Additionally, any video Content and information provided on the Site may contain links to third-party websites that are not owned, controlled by, or affiliated with whotoview.com (DSI). DSI assumes no responsibility for any third party websites or their practices and policies.
DSI does not endorse, sanction, support, encourage, represent or necessarily agree with the Content provided by User/Contributor, or guarantee the validity, truthfulness, accuracy or reliability of Content provided by User/Contributor, through the whotoview Site. User/Contributor agrees that User/Contributor or User must evaluate, and bear all risks associated with the use of any Content, and that under no circumstances will whotoview.com (DSI) be liable to User or User/Contributor, or any third party, in any way, for any Content or for any loss or damage of any kind arising in connection with the Site services and of the use of any Content posted, uploaded, converted, emailed, messaged, delivered, spoken, viewed, heard, or otherwise made available via the Site.
Additionally, User/Contributor acknowledges that User/Contributor has the right to give whotoview (DSI) and assigns, the irrevocable and unrestricted right to use and publish contributed Content, video media/images, by User/Contributor for any lawful purpose for advertising, commercial use or promotional use in any manner and medium; and to alter the same without restriction. Furthermore, User/Contributor agrees not to distribute in any medium any part of the Site, including, but not limited to, Video Content or any accompanying information without DSI's prior written authorization.
If a User or Contributor utilizes the Site and related services, the User/Contributor is responsible for maintaining the confidentiality of the User/Contributors Log-In Account, User/Contributor User Password and User ID(User Email Address), and for restricting access to the User/Contributor's computer.
Furthermore, the User/Contributor agrees to accept full responsibility for all activities that occur under the User/Contributor's Log-In Account, or with the User/Contributor's User Password. User/Contributor shall be responsible for all usage under User/Contributors account, and the costs generated from the usage of said account in the course of being provided the Site services, where applicable.
User or Contributor, by agreeing to the terms of this Agreement, acknowledges that User/Contributor has read, understands and agrees with the Site information titled "FAQ" and these "User Terms And Conditions".
(DSI) treats all activities under an account to be those of the registered Contributor, User or subscriber. To create an account, User/Contributor must provide complete and accurate registration information which includes, but is not limited to, User/Contributors name and email address, for the purpose of purchasing, or contributing to, the Site services.
User/Contributor represents and warrants that the information provided to create an account at the Site is true, accurate and current. User/Contributor agrees to use the Site and Site services for lawful purposes only. User/Contributor must update User/Contributor's registration information promptly upon any changes to User/Contributor personal information. User/Contributor is solely responsible for any changes made to User/Contributor's account. DSI reserves the right to refuse to provide the Site services, with or without notice, and reserves the right to terminate and cancel a User/Contributor account if it is determined by DSI that the Site services are being used for illegal, immoral or fraudulent purposes by the User/Contributor if the User/Contributor provides information that is misleading, untrue, inaccurate, not current, incomplete or if the User/Contributor account is delinquent in any payment due for the Site services rendered, if applicable, or if User/Contributor provides fraudulent payment or manipulates site payments or credits, where applicable, or if the User/Contributor violates any of the terms of this Agreement.
User/Contributor specifically give DSI the following permission: User/Contributor grants DSI a non-exclusive, transferable, sublicensable, royalty-free, worldwide right to use any contributed content that User/Contributor posts, uploads, or transfers to the Site or in connection with whotoview(DSI). This right ends when the User/Contributors' content is removed from the Site. Furthermore, User/Contributor understands, acknowledges and agrees that upon termination of User/Contributor's account all rights to contributed Content are forfeited and all accrued earnings/credits or balances are canceled and forfeited by User/Contributor, if any, and User/Contributor has no right or claim to accrued, owed or potential earnings generated from the Site.
Acceptance of Agreement
The failure of DSI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, an the other provisions of the Terms remain in full force and effect.
User/Contributor agrees that regardless of any statute or law to the contrary, any claim or cause arising out of or related to use of the Site and Site services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. By using the Site, and its services, User/Contributor represents and warrants that User/Contributor is 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the Terms of this Agreement. User/Contributor accepts financial responsibility for all use of the Site under Contributors name or account, including without limitation all uses of User/Contributors' account by others.
Relationship to the Parties
User/Contributor is an independent voluntary entity and not an employee, agency, nor subcontractor, nor franchisee, nor partner, nor co-venturer of, or with, DSI (whotoview.com). The User/Contributor is solely responsible for all of its own business expenses, including, without limitation, all federal, state, and local payroll taxes for itself and its employees, where applicable. The User/Contributor shall not represent or imply to any party that it has the power or authority to enter into a contract or commitment in the name of or on behalf of DSI (whotoview.com), or to otherwise bind DSI (whotoview.com).
The independent User/Contributor understands and agrees that DSI may, at any time, and at its sole discretion, modify information regarding earnings generated on the Site by content contributors. User/Contributor is compensated, where applicable, pursuant to FAQ page of the Site, which is incorporated herein by referencing the Site link titled: "FAQ".
Copyright and Fair Use
All Content on the Site, including Content, images and graphics, are protected by the United States copyright and trademark laws. Copying, modifying, distributing, transmitting, displaying, selling, using, framing or publishing derivative works for commercial purposes, without the written consent of DSI, is prohibited.
The content of this Site, and related services are presented "as-is". All warranties of any kind, expressed or implied, including merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose, as to the operation of the Site, and related services, or the nature or accuracy of the information included in the Site, and related services, are disclaimed. DSI and it's affiliates are not liable for the User/Contributors' usage of any Content, products or services contained or offered in this Site. The User/Contributor expressly agrees that usage of the Site, and related services, is at the User/Contributor's sole risk. DSI and its affiliates, and third party service providers will under no circumstances be liable to User/Contributor, or any third party, regardless of the form of action, for any direct, indirect, special, consequential, incidental or punitive damages whatsoever, for loss of business, loss of profits, loss of goodwill, loss of income, or intangible losses, litigations, etc., as a result of the use of this Site, and related services, and any Content provided by any User/Contributor to the Site, or related services.
DSI does not warrant that access to this Site will be uninterrupted, or that there will be no failures, errors or loss of information. DSI shall not be liable if DSI's nonperformance is caused by acts or omissions of another service provider, equipment or software failure or modifications or other causes beyond DSI's reasonable control. DSI does not warrant that this Site, and related services, its servers, or e-mail, or video Content sent to or from the Site are free of viruses or other harmful components. However, DSI will make the best effort to provide excellent service. DSI does not endorse any Contributors utilizing the Site, and related services. DSI does not make any claims to the integrity of the User/Contributors of the Site and related services.
User/Contributor agrees to indemnify and hold harmless whotoview.com, Digital Solutions, Inc.(DSI), it's officers, subsidiaries, affiliates, agents, service providers, representatives, suppliers, employees, successors, assigns, directors and customers from any claim or demand, proceedings, tort, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses, based on, including reasonable attorney fees and court costs, made by any third party arising out of or resulting from User/Contributors' use of the Site, due to Content User/Contributor submissions, posts, uploads, provides, conveyance or makes available through the Site services, User/Contributors' use of the Site services, User/Contributors' violation of the Terms, Contributors' breach of any of the representations and warranties herein, or User/Contributors' violation of any rights of another.
Furthermore, User/Contributor hereby releases and forever discharges Digital Solutions, Incorporated(DSI) and whotoview.com, it's officers, directors, agents, representatives, customers, employees, subsidiaries, affiliates, service providers, assigns and their respective successors, and assigns from any manner of all liabilities, claims, counterclaims, demands, special, circumstantial or punitive damages whatsoever or causes of action, regardless of the form of action, which the User/Contributor, or any third party, has now or may hereafter accrue, whether heretofore asserted or unasserted, known or unknown, arising out of, or in any way relating to the use of the Site or Site services.
DSI reserves the right to use or disclose information, without notice or consent, as needed to satisfy any law, regulation or verified legal request that may be deemed necessary to protect the integrity of the "Site".
Privacy Statement Information Protection:
The User/Contributors' utilization of the Site is subject to this Site Privacy Statement. The "Site" refers to the world wide web domain www.whotoview.com. A "User/Contributor" of the Service refers to a person who utilizes the services. The "Service" refers to all features provided via the Site.
Your privacy is very important to DSI. This Privacy Statement describes the collection, use and disclosure of the information that you provide via this website: whotoview.com ("Site"). User/Contributors' use of the Site implies that User/Contributor has read this Privacy Statement and it is acceptable to User/Contributor. User/Contributor's acceptance of these Privacy Statement terms is also User/Contributors' consent to the information practices in our Privacy Statement.
If User/Contributors' does not want to consent to the terms of this Privacy Statement, please do not access the Site or use the Site Services.
Like most web sites this Site receives information, via its online submission Forms from User/Contributors who wish to use the Site Services. Some information that a User/Contributor provides voluntarily may be personally identifiable information (name, e-mail address, etc.). The information that whotoview collects, via the Site, is limited to that information which a User/Contributor provides, via the Site online submission Forms.
When a User/Contributor establishes a Log-In Account, as a User/Contributor, via the Site, to use the Site Services, provided by the Site, necessary information will be collected in order to provide the Site Services. The information required by the Site, necessary to complete a basic transaction, is information such as such as User Name, User Email Address, etc.
The primary purpose of collecting this type of information is to facilitate the Site Services that are voluntarily requested by the User/Contributor at the Site. This information is collected through secure servers, kept confidential, and is used primarily to facilitate the Site Services that the User/Contributor has requested by using the Site.
Maintenance of Information
We are keenly aware of Internet Users' concerns about the privacy of their personally identifiable information. DSI employs industry standard security measures to protect the confidentiality of the information that User/Contributors provide on the Site. User/Contributor account information is stored on servers protected by firewall, system-level and database-level security inaccessible to third parties, including secure socket layer (SSL) encryption and password protection to ensure the security of user transactions and personally identifiable information. While DSI cannot completely guarantee that loss, misuse or alteration will never occur, we employ industry standard practices to minimize the likelihood of such occurrences.
As a matter of policy, DSI (whotoview.com) will not sell, rent, share or disclose to thirds parties, any information derived from the registration and purchases of the "Site" services without the account User/Contributors' explicit written consent. However, DSI reserves the right to use or disclose information, without notice or consent, as needed to satisfy any law, regulation or verified legal request that may be deemed necessary to protect the integrity of the "Site".