Velvet Revue, LLC Terms of Service

Table of Contents

Updated April 28, 2021.

1. Terms

By accessing the website at https://velvetrevue.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Velvet Revue, LLC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Velvet Revue, LLC’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Velvet Revue, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Velvet Revue, LLC’s website are provided on an ‘as is’ basis. Velvet Revue, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Velvet Revue, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Velvet Revue, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Velvet Revue, LLC’s website, even if Velvet Revue, LLC or a Velvet Revue, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Velvet Revue, LLC’s website could include technical, typographical, or photographic errors. Velvet Revue, LLC does not warrant that any of the materials on its website are accurate, complete or current. Velvet Revue, LLC may make changes to the materials contained on its website at any time without notice. However Velvet Revue, LLC does not make any commitment to update the materials.

6. Links

Velvet Revue, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Velvet Revue, LLC of the site. Use of any such linked website is at the user’s own risk.

7. Acceptable Use Policy

We may allow you to upload, live stream, submit, or publish (collectively, to “submit“) content such as videos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 7. Velvet Revue may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Velvet Revue may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.

You may only upload content that you have the right to upload and share. Copyright owners may send Velvet Revue a takedown notice as stated in our Copyright Policy if they believe Velvet Revue is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

7.2 Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit (e.g., pornography);
  • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
  • Promotes or supports terror or hate groups;
  • Includes any minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Encourages self-harm; or
  • Violates any applicable law.

7.3 Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage our Services.

8. Licenses Granted by You

As between you and Velvet Revue, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Velvet Revue to host and stream your content, you grant Velvet Revue the permissions set forth below.

8.1 Your Video Content

By submitting a video, you grant Velvet Revue permission to:

  • Stream the video to end users;
  • Embed the video on third-party websites;
  • Distribute the video via our APIs;
  • Transcode the video (create compressed versions of your video file that are optimized for streaming); and
  • Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).

If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 8.1, your video includes its title, description, tags, and other metadata.

The license period begins when you submit the video to Velvet Revue and ends when you or Velvet Revue delete it; provided that Velvet Revue may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Velvet Revue in good faith believes that it is legally obligated to do so.

8.2 Account Profile

You grant Velvet Revue permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Velvet Revue shall have the right to identify public profiles in its marketing and investor materials.

8.3 Scope of Licenses

All licenses granted by you in this Section 8: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Velvet Revue; rather, any breach of a term by Velvet Revue hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

9. Obligations

9.1 Representations and Warranties

For each piece of content that you submit to or through Velvet Revue, you represent and warrant that:

  • You have the right to submit the content to Velvet Revue and grant the licenses herein;
  • Velvet Revue will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • You have obtained appropriate releases (if necessary) from all persons who appear in the content;
  • The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
  • The content complies with this Agreement and all applicable laws.

9.2 Indemnification

You will indemnify, defend, and hold harmless Velvet Revue and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

10. Subscriptions Fees and Payments

Access to and use of Velvet Revue is subject to a subscription fee (“Fee”). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Velvet Revue (via Stripe or other Payment Processor) to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. Velvet Revue reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. Velvet Revue will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.

If Velvet Revue is for any reason unable to effect automatic payment via your credit card, Velvet Revue will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Velvet Revue of any changes to your credit card information and to update your information if your credit card has expired. Velvet Revue may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify us.

You are required to notify Velvet Revue of any billing problems or discrepancies within thirty (30) days after they first appear on your credit card account statement by sending a written notice to support@velvetrevue.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

10.1 Cancellation

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at support@velvetrevue.com, but any such termination and cancellation will be effective only after Velvet Revue has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Velvet Revue.

10.2 Other Purchases

Registered User’s may elect to put money on deposit with Velvet Revue which will be converted to Stars which may only be used through Velvet Revue, as the applicable Registered User elects, including for use to tip Independent Performers. By tipping Stars through Velvet Revue, you agree that all Star tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the other party for the other party’s response regarding the complaint.

All sales on Stars are final, non-refundable and not redeemable by Registered Users. After 6 months of subscription’s termination, cancellation, or non-renewal, you will forfeit all Stars that remain in your account, forfeited Stars will be sent to Independent Performers as Velvet Revue sees fit.

11. Affiliate Program

Velvet Revue’s Affiliate Terms of Service

12. Modifications

Velvet Revue, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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https://velvetrevue.com/terms-of-service/?ref=
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