Terms of Use

Article 1 General Rules

The terms of use (the "Rules") is offered by VCASMO Company (referred to herein as "We" or "VCASMO"). VCASMO is a presentation creation and sharing platform which is operating through the Internet (the "Services"). Individual, group, corporation or organization (collectively the "User") can use this platform if the following terms and condition can comply.

Article 2 Amendment of the Rule

  1. VCASMO is the only one that can change the Rules without obtaining the User's consent or notify beforehand. VCASMO publishes the new Rules after it changed in this site and send notification email to Users or update the news in VCASMO blog.
  2. The Rules after it changes is assumed to be the one that VCASMO goes to enforce from the time published on this site. When User use VCASMO continuously after the new Rules is published, the User is considered as agreed to the change of Rules.
  3. If you do not agree to any of these terms, then please do not use this site or any VCASMO Services.

Article 3 Content of Services

  1. User can use the features in this site for uploading video, audio, image, document and text (the "Assets") which are oneself takes a picture, records the video/audio, edited, written. Or the Assets obtained the permission from copyright owner.
  2. The Assets can be uploaded by User is limited by the storage capacity according different user account types (free account or paid account, comparison chart). The presentation can be created is unlimited. Moreover, User can view other user presentation which is set to be public in this website. If other presentation owner allowed, User can leave comment or add subtitle to the presentation. User can download and encourage to download the own's presentation (the "Offline Version") for backup purpose, re-upload to another web site or recorded in other digital storage medium (such as CD-ROM, USB drive).
  3. User can use the presentation created in VCASMO commercially. And we license the User to use VCASMO Presentation Player (the "Player") act as media container for playback User's presentation as the solely purpose. User is prohibited to reverse engineering or using the Player as standalone (no presentation created in VCASMO inside) for other usage without obtain our agreement first.
  4. For free account only, User's Assets which does not used in any presentation will be deleted after one month. Inactive presentation, no edit / watch / comment record for three months will be deleted.
  5. To use the Services, User is responsible for own hardware, software and Internet connection fee, and the cost of production of the Assets.
  6. VCASMO may modify or terminate any features or Services offered from time to time, for the following reason or any other reason, and without notice, including the right to terminate with or without notice, without liability to you. (For paid account user, you can ask for refund for the remain period of payment only.) VCASMO may consider remove one of features because of:
    1. It is necessary for providing stable service.
    2. User's convenience improved.
    3. Requested by the authority.
    4. Feature is licensed or depended or obtained from third party and third party discontinued or removed such feature.
  7. User understand and agree that third-party advertising, in any commercially reasonable format, made be made available to User of this website, including appear in the presentation (created from free account User). User expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by VCASMO for) the display of any such advertisements.

Article 4 Handling of Privacy Policy and Individual Information

VCASMO recognize the importance of protect individual information, and you can read the VCASMO Privacy Policy.

Article 5 User Registration and Obligations

  1. In order to use some of features, User must register an account, User has to provide necessary information during registration process. When User receive a confirmation email from VCASMO and login to VCASMO, it implies the Rules between User and VCASMO established.
  2. Choose an username for your account that is your usual name or trademark you own. We reserve the right to remove or reclaim the username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name, or such username is offensive and hateful to others).
  3. User should not transfer username and password for other to use. User is solely responsible for the activity that occurs on own account, and you must keep username and password secure. You must notify VCASMO immediately of any breach of security or unauthorized use of your account. Although VCASMO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VCASMO or others due to such unauthorized use.

Article 6 Right on Cancellation of Account

VCASMO reserve the right to cancel any account with or without reason, with or without notify beforehand. If we believe an account activity is violate the Rules, such account will be removed. If an account is considered with activity related to abusive, offensive, harmful, infringing or spammy material and we reserve the right to take down any content from VCASMO at any time for any reason.

  1. When User provides fake information in registration.
  2. When User cannot update the information after registration if such information (e.g. email) has changed. If we receive bounce back email after several time re-send, we believe such user has no longer using VCASMO.
  3. When User violates the Rules.
  4. When User has black list record in the past for account cancellation.
  5. When User interferes with the operation of the Services.
  6. When the Services was used which cause damage or might cause damage in VCASMO or other users and third party.
  7. When User uses or launches any automated system, including without limitation, "robots", "spiders", "offline readers" etc., that accesses this website in a manner that sends more request messages to the VCASMO servers in a given period of time than a human can reasonably produce in the same period by using Services through online web browser.
  8. Additionally, VCASMO judge that User is not suitable to use the Services.

When an account is removed, all the Assets and presentations and other related to this account materials or information will be removed, too. VCASMO will not be liable for the losses caused.

Article 7 User Responsibilities

  1. User publish any material on this website which is open to public, such material causes inquiry, complaint or claim from other User or third party, shall be settled in their own self-responsibility and expense, and VCASMO is not responsible or liable for.
  2. When User uses the Services causing other User or third party reputation damage, or the privacy right and human rights are violated, or violate the copyright law and other laws. User should notifies VCASMO at once, and it is necessary to solve the problem like removal of the caused dispute factor etc. according to the responsibility and the cost of other User or third party concerned. VCASMO is not responsible or liable for at any time. In this case, User has to report on the progress and the result to VCASMO at any time based on the request from VCASMO. Moreover, when VCASMO receives the claim etc. from other User or third party by any chance by User's concerned act or social damage and economical damage, etc. are caused when using the Services, User concerned assumes the one to make amends for damage and the cost (The legal fee etc. are included) caused when using the Services.
  3. When User uses the Services, User upload Assets or create presentation or other activity is running in real time and possible open to public immediately. Therefore, VCASMO is impossible to monitor activity of user in real time at any time. There is a possibility such public material on this website might make unpleasant to other User or third party. VCASMO is not responsible or liable for.

Article 8 Intellectual Property Rights

  1. VCASMO owns and manages this site. The presentations created or Assets uploaded (the "Submissions") from User, User own copyright on such materials is retained.

    However, it does not mean so-called "private use" etc. in which User allow to upload image, video, performance or music that the copyright belongs to the third party in the format of image, video or audio, etc. being used when the image, video or audio is made through "public transmission". Simply mean User is not allowed to upload TV program or other similar program which is broadcast or publish to public even free of charge to this website, if User does not own the copyright or obtain prior permission from the original copyright owner. Same case, User is not allowed to upload recorded public speech, conference, presentation etc. which is not presentation of yourself, or recorded by yourself, or obtained prior permission from photographer, performer, speaker etc.

  2. Contents and information (The image, the voice, sentences, photographs, software, the designs, and the designs, etc. are included) that VCASMO offers through the Services are admitted to be protected in the copyright, the trademark right, the patent, rights of design, other intellectual property rights, and other laws. VCASMO provides such contents and information to User "AS IS" for User to use the Services.
  3. When User create presentation and open to public and non-hidden, User grants VCASMO a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the presentation in connection with this website and VCASMO's (and its successor's) business, including without limitation for promoting and redistributing part or all of this website (and derivative works thereof) in any media formats and through any media channels for the purpose of
    1. Displaying the presentation within VCASMO.
    2. Displaying the presentation on third party websites and applications through a embed code or API subject to your presentation permission setting.
    3. Allowing other users to play, download (with payment for server processing cost to VCASMO but no profit sharing to User), and embed on third party websites the presentation, subject to your presentation permission setting.
    4. Promoting VCASMO, provided that you have made the presentation publicly available and non-hidden.
    5. Archiving or preserving the presentation for disputes, legal proceedings, or investigations.
  4. When User want to transfer the copyright of the Submissions to third party, which the Submissions is published to public in this website. Third party does not agree to publish in this website anymore, User should not transfer the copyright of the Submissions to third party or remove the Submission from this website first.
  5. Nothing in these Terms of Use change, affect or diminish in any way whatever rights User may have in the Submissions.
  6. For copyright owner, if you find any presentation in this website infringes your copyright, you should contact us to follow it. VCASMO responsible for remove the presentation only. VCASMO is not responsible or liable for any further action or legal action take between copyright owner and User.
  7. The trademarks and logos of VCASMO and others used in this web site ("Trademarks") are the property of VCASMO. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of VCASMO.

Article 9 User Requests to Delete Account

User can delete account any time by sending request to VCASMO, once the account is deleted, User cannot use the Services anymore and all the Submissions is removed permanently.

Article 10 User Prohibited Matter

When User uses the Services, User is assumed do not do the following acts:

  1. Act of disclosing image, video, audio, document or text etc. where illustrated expression is included as follows:
    1. Visual expression on child pornography and child abuse.
    2. Sexually offensive to public order and morals laws, regulations, and sexually violent, cruel expression, such as prostitution. Adult activity information, promotion or invitation etc.
    3. Information and expression that violates third party's copyright, privacy right, and other rights.
    4. Representation, including visual effects have been found, such as subliminal effect, potentially harmful.
    5. Expression that VCASMO judges that is harassment to the operator of the Services, to the parties concerned.
    6. Additionally, expression that VCASMO judges that publishing to the public is not suitable in this website.
  2. Act of violating the Rules.
  3. Act of violating of law, ordinances, regulations etc.
  4. Act of becoming defamation, insult act, and business obstruction to others.
  5. Act of giving others unpleasantness and emotional distress etc.
  6. Act of giving unjustified, economic damage to others (e.g. swindle) etc.
  7. Business purpose and advertising act that VCASMO has not permitted.
  8. Advertisement, announcing to public, and solicitation act that it was excessive, VCASMO judged.
  9. Act that might cause crime such as teaching a previous notice of crime and crime.
  10. Discriminatory expression act of race, feelings, sex, social position, residence place, and bodily features, case history, education, property, and income, etc. grounds.
  11. Act of disclosing information that gives disgust to others like cruelty, vulgar, harmful with problems in ethics, and indecency, etc. and information on content that relates to pornography or prostitution or business affecting public morals, etc.
  12. Act of giving others mental, economic damage without legitimate right like mental abuse, annoying, and trouble act, etc.
  13. Self-promote with relationship of the individual, organization, corporation, or group etc. without the authority. Fictitious introduce yourself pretending business tie-up and cooperation exist though neither they nor facts exist.
  14. Act of disguise to others, use of the Services or falsifying.
  15. Act of illegally operation, and changing individual information. Collects, accumulates, appropriates, changes, falsifies, and uses others' individual information.
  16. Act of endorse from VCASMO, not limited to use logo, branding without prior consent of VCASMO.
  17. Act of diversion, reselling the Services without prior consent of VCASMO.
  18. Act of publishing materials that violates third party's copyright, privacy right, and other rights in contents of this website.
  19. Act of infringing the intellectual property right, other property rights, privacy rights, and other rights of copyright, trademark right, and rights of design, etc. that VCASMO or third party owns.
  20. Act of reproduction or modification other User's Submissions or third party's intellectual property rights.
  21. Act of transmitting information including harmful program such as viruses, trojan horses.
  22. Act of falsifying use information on the Services etc.
  23. Act of transmitting data of capacity that exceeds data capacity that VCASMO provides through this service.
  24. Act of massively submitting school assignment to this website.
  25. Act that might obstruct operation of this website.
  26. Act of not obeying request, instruction, and compulsory measures from this website administrator.
  27. Act that improper action and VCASMO judge offending public order, morals or society.
  28. Additionally, act judged that VCASMO is not suitable for this website.

Article 11 Temporary Suspend of User Account

  1. When the User violates Article 10 and VCASMO judges it based on a reasonable reason that there is a possibility of violation. User must based on the request from VCASMO to remove the Submissions which is violated or possible to violate the Rules.
  2. If User cannot remove the Submissions within 24 hours after request sent out from VCASMO. We will temporary suspend the account and all the Submissions will go offline until the violation issue is solved.

Article 12 Links

  1. There are some third party website links appear in this website, which is out of VCASMO manage or control. Therefore, VCASMO is not responsible or liable for. Also, with respect to any of the contents of some products such as advertising and content on linked websites, VCASMO is not responsible or liable for.
  2. For any damages caused from such linked websites, use of products and services, and information, VCASMO is not responsible or liable for.
  3. Such linked websites have their own privacy policy, terms of use,  rights and obligations when the user makes use of the sites, you can rely on the provisions of such linked sites. Please always check it before using it.

Article 13 Temporary Interruption of the Services

  1. The services might temporarily be interrupted without notifying the User beforehand when corresponding to the following situation:
    1. When equipment for the Services is maintained.
    2. Unavoidable failure occurs on the facilities for the Services.
    3. Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures etc, due to force majeure reason: accident, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, natural disaster, war, governmental actions.
    4. The use of data center, hosting, telecommunication facilities, content delivery network etc. are provided by third party providers has become unusable.
    5. When VCASMO judges that a temporary interruption needed for technically reason.
  2. For damages due to delay or interruption of the Services was caused by one of reason in Point 1. VCASMO is not responsible or liable for.

Article 14 Disclaimer of Warranties

  1. VCASMO will not be responsible or liable for the damage or loss suffered by the User when the User using the Services.
  2. VCASMO will not be responsible or liable for the damage or loss suffered by the third party when the User using the Services.
  3. VCASMO will not be responsible or liable for the damage or loss suffered by the User due to situation stated in Article 2 Terms of Use, Article 11 Temporary Suspend of User Account, Article 13 Temporary Interruption of the Services, Article 16 Terminate of the Services.
  4. VCASMO assumes that information obtained by the User using the Services, without any guarantee its authenticity, legality, eligibility, accuracy, and usefulness.
  5. VCASMO cannot assumes any equipment, operation system, browser and software etc. that the User uses on access the Services that guarantee the operation result is authenticity, legality, eligibility, accuracy, and usefulness.
  6. VCASMO cannot assumes any software downloaded from the Services is bug free, virus free and malicious program free. User should using own anti-virus software to scan it before using it. Also, VCASMO cannot guarantee the software downloaded from the Services can run in User own computing environment authenticity, legality, eligibility, accuracy, and usefulness.
  7. VCASMO will not be responsible or liable for Submissions of User become deterioration, damage. (e.g. spam comment under the presentation), User is assumed the one who manage their own Submissions.
  8. VCASMO will not provide any guarantee on authenticity, legality, eligibility, accuracy, and usefulness of the links disclosed in this website or User's Submissions. Also, VCASMO will not be responsible or liable for the websites from the links are whether still existing or not.

Article 15 Limitation of Liability

  2. VCASMO assumes no responsibility for accuracy, correctness, timeliness, or content of the Services provided on this website. You should not assume that the Services on this web site are continuously updated or otherwise contain current information. VCASMO is not responsible for supplying content or Services from the web site that have expired or have been removed. THE SERVICES PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
  3. The Services is controlled and offered by VCASMO from its facilities located at the Hong Kong, United Kingdom and United States of America. VCASMO makes no representations that the Services is appropriate or available for use in other locations, regions or countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  4. VCASMO assumes no responsibility for grantee the Submissions is in secure anytime, and no responsibility for any data, file or Submissions lost. We recommend User keeping original data, files and backup of Submissions offline.

Article 16 Termination of the Services and Shut Down this Website

If the Services is ended, User will notify beforehand. If unavoidable reason to shut down the Services urgently, User might not receive any beforehand notice.

Article 17 Compensation Claim

When the User violate the Rules or any claim that one of your Submissions caused damage to third party. VCASMO might claim compensation for damage and the cost (The legal fee is included) caused in VCASMO to the User.

Article 18 Applicable Laws

The Terms of Use are governed by the law in force in the Hong Kong SAR, China, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR and courts of appeal from them for determining any dispute concerning the Terms of Use.

Last updated: 19th December 2012

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