Terms of Use

Article 1 General Rules

These are the terms of use (the "Rules") offered by VCASMO Company (referred to herein as "We" or "VCASMO"). VCASMO is a presentation creation and sharing platform over the Internet (the "Services"). Individuals, groups, corporations and organizations (collectively the "User") can use this platform if the following terms and conditions are met.

Article 2 Amendment to the Rules

  1. Any rules are subject to change without the User's prior consent or notification. VCASMO will publish new Rules after changes are made and Users will be notified via email or through updates of  the news at the 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. Continued use of VCASMO after the publication of new rules constitutes and agreement to such rules.
  3. If you do not agree to any of these terms, please do not use this site or any VCASMO Service.

Article 3 Content of Services

  1. The User can access the features on this site to upload video, audio, images, documents and texts (the "Assets") created by the user, or with permission from the copyright owner.
  2. The Assets that can be uploaded by the User are limited by the storage capacity according to the user account type (free account or paid account, comparison chart). The number of presentations that can be created is unlimited. The User can view the presentations made by other users that are set as public on the website. The User can also add comments or subtitles to to other presentations, if allowed by the author. The User can download and encourage to download his or her presentation (the "Offline Version") for backup purposes, re-upload to another web site or record in other digital storage medium (such as CD-ROM, USB drive).
  3. The User can use the presentation created in VCASMO commercially. We license Users to use VCASMO Presentation Player (the "Player") as a media container solely to playback User's presentations. User is prohibited to reverse engineer or use the Player as a standalone (no presentations created inside VCASMO) for other reasons without obtaining our agreement first.
  4. For the free account only, the User's Assets which are not used in any presentations will be deleted after one month. Inactive presentations that have not been edited, watched or commented on for three months will be deleted.
  5. To use the Services, the User is responsible for his or her own hardware, software and Internet connection fee, and any costs incurred through production of the Assets.
  6. VCASMO may modify or terminate any features or Services offered from time to time, for the any reason, and without notice, including the right to terminate with or without notice, without liability to you. (Paid account users can ask for a refund for the remaining period of payment only.) VCASMO may consider removing one of features because:
    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 understands and agrees that third-party advertising, in any commercially reasonable format, may be made available to Users of this website, including in the presentation itself (created by free account Users). Users expressly agree that they shall not be entitled to any revenue sharing or other compensation whatsoever for any revenue generated by (or received by VCASMO for) the display of any such advertisements.

Article 4 Privacy Policy and Handling of Individual Information

VCASMO recognizes the importance of protecting individual information. You can read the VCASMO Privacy Policy.

Article 5 User Registration and Obligations

  1. In order to use some of features, the User must register an account. The User must provide some personal information during the registration process. When the User receives a confirmation email from VCASMO and logs  onto VCASMO, it implies the Rules between User and VCASMO are established.
  2. Choose a username for your account that is your usual name or trademark that you own. We reserve the right to remove or reclaim the username if we believe it is 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. The User should not transfer his or her username and password for others to use. The User is solely responsible for the activity that occurs on his or her own account. Users must keep their usernames and passwords 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 to Cancel Account

VCASMO reserves the right to cancel any account with or without reason, with or without prior notification. If we believe an account violates the Rules, such account will be removed. If an account is deemed to be engaged activity related to abusive, offensive, harmful, infringing or spammy material, we reserve the right to remove such content without notice. We will also remove any content from accounts under these circumstances:

  1. When the User provides fake information during registration.
  2. When the User does not update the information after registration of such information (e.g. email) has changed. If we receive bounce-back emails after several attempts, we will assume the User is no longer using VCASMO.
  3. When the User violates the Rules.
  4. When the User has a black-list record in the past for account cancellation.
  5. When the User interferes with the operation of the Services.
  6. When the Services were used in such a way as to cause damage or in a way that might cause damage to VCASMO or other users or a third party.
  7. When the User uses or launches any automated system, including and without limitation, "robots", "spiders", "offline readers" etc., that access 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 an online web browser.
  8. Additionally, VCASMO judges that the User is not suitable to use the Services.

When an account is removed, all the Assets, presentations, and other content and information related to this account will be removed, as well. VCASMO will not be liable for the losses caused in this situation.

Article 7 User Responsibilities

  1. The User may publish any material on this website that is open to the public. If such material causes inquiry, complaint or claim from another User or third party, settlement of that complaint  and any related expenses are the sole responsibility of the User. VCASMO is not responsible or liable in these situations.
  2. When a User observes another User using the Services to cause another User or third party damage to reputation or the privacy rights or human rights, copyrights or other laws are violated, that User should notify VCASMO at once. VCASMO is not responsible or liable for the above circumstances at any time. In this case, the User should report on the progress and the results of any actions taken to VCASMO based on the request from VCASMO. When VCASMO receives a claim from another User or third party because of a User's act or social damage or economical damage caused during the use of Services, the User concerned assumes the liability for all costs incurred, legal or otherwise.
  3. When the User upload Assets or creates presentations or other activity, it is running in real time and possibly open to public immediately. Therefore, VCASMO is cannot possibly monitor all activity at any time. There is a possibility such public material on this website might cause offense to another User or third party. VCASMO is not responsible or liable for such offenses.

Article 8 Intellectual Property Rights

  1. VCASMO owns and manages this site. When presentations are created or Assets uploaded (the "Submissions") from the User, the User retains copyright on such materials.

    However, it does not mean so-called "private use", in which the User is allowed to upload images, videos, performances or music that is copyrighted to a third party, being used when the image, video or audio is made through "public transmission". This means that the User is not allowed to upload TV programs or other similar programs which are broadcast or published to the public, even free of charge, to this website, if User does not own the copyright or obtain prior permission from the original copyright owner. The User is not allowed to upload record public speeches, conferences, presentations, etc. without obtaining 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  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 the User "AS IS" for the User to utilize the Services.
  3. When the User creates a presentation and opens it for public viewing, the 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 and 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 an embedded 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.
    5. Archiving or preserving the presentation for disputes, legal proceedings, or investigations.
  4. If the User wishes to transfer the copyright of the Submissions to a third party, which is  published as public in this website, and third party does not agree to publish in this website anymore, the User should not transfer the copyright of the Submissions to the third party, but remove the Submission from this website first.
  5. Nothing in these Terms of Use change, affect or diminish in any way whatever rights the User may have in the Submissions.
  6. For copyright owners, if you find any presentation in this website that infringes your copyright, you should contact us to report it. VCASMO is responsible for removal of the presentation only. VCASMO is not responsible or liable for any further action or legal action taken between copyright owner and the User.
  7. The trademarks and logos of VCASMO and others used on 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

The User can delete his or her account at any time by sending request to VCASMO. Once the account is deleted, the User cannot use the Services anymore and all Submissions are removed permanently.

Article 10 User Prohibited Matter

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

  1. Disclosing images, videos, audio, documents or text etc. where illustrated expression is included as follows:
    1. Visual expression of child pornography and child abuse.
    2. Sexually offensive to public order and morals laws and regulations, and sexually violent, cruel expression, such as prostitution, or adult activity information, promotion or invitation, etc.
    3. Information and expression that violates a third party's copyright, privacy right, and other rights.
    4. Representation, including visual effects, that have been found, such as by subliminal effect, potentially harmful.
    5. Expressions that VCASMO judges to be harassment to the operator of the Services, to the parties concerned.
    6. Additionally, expressions that VCASMO judges unsuitable to display to the public on this website.
  2. Acts of violating the Rules.
  3. Acts of violations of law, ordinances, regulations, etc.
  4. Acts of defamation, insulting acts, and business obstruction to others.
  5. Acts of causing others unpleasantness and emotional distress, etc.
  6. Acts of causing unjustified, economic damage to others (e.g. swindling), etc.
  7. Business purposes and advertising acts that VCASMO has not permitted.
  8. Advertisement, announcing to public, and solicitation of acts that is excessive, as judged by VCASMO.
  9. Acts that might cause crimes, such as broadcasting a previously committed crime or intended crime.
  10. Discriminatory expressions of race, feelings, sexual orientation, social position, place of residency, and/or bodily features, case history, education, property, and income, etc.
  11. Acts of disclosing information that causes disgust to others, such as cruelty, vulgarity, indecency or causing harm due to problems in ethics, etc. or information on content that relates to pornography or prostitution or businesses affecting public morals.
  12. Acts of causing others mental or economic damage, such as mental abuse, annoyancr, and troubling acts, etc.
  13. Self-promotion with relationship of the individual, organization, corporation, or group, etc., without the proper authority. Fraudulently introduce claim business connections where none exist.
  14. Acts of disguising yourself to others through the use of the Services, or falsifying information.
  15. Acts of illegal operation or changing individual information. Collecting, accumulating, appropriating, changing, falsifying or using the personal information of other Users.
  16. Acts of endorsement from VCASMO, not limited to use logo or branding without prior consent of VCASMO.
  17. Acts of diversion or reselling the Services without prior consent of VCASMO.
  18. Acts of publishing materials that violate a third party's copyright, privacy right, or other rights in the contents of this website.
  19. Acts of infringing on the intellectual property rights, other property rights, privacy rights, and other rights of copyright, trademark right, and rights of design, etc. that VCASMO or a third party owns.
  20. Acts of reproduction or modification of another User's Submissions or a third party's intellectual property rights.
  21. Acts of transmitting information that  includes harmful programs such as viruses or trojan horses.
  22. Acts of fraudulent use information on the Services, etc.
  23. Acts of transmitting data of capacity that exceeds the data capacity that VCASMO provides through this service.
  24. Acts of massively submitting school assignments to this website.
  25. Acts that might obstruct the operation of this website.
  26. Acts of not obeying requests, instructions, or compulsory measures from this website administrator.
  27. Acts that constitute improper action, which VCASMO judges to be offending public order, morals, or society.
  28. Additionally, acts judged by VCASMO as not suitable for this website.

Article 11 Temporary Suspension of User Account

  1. When the User violates Article 10 and VCASMO judges it reasonable that there is a possibility of violation. The User must, based on the request of VCASMO, remove the Submissions which violated or possibly violated the Rules.
  2. If the User cannot remove the Submissions within 24 hours after request is sent, VCASMO will temporarily suspend the account and all the Submissions will go offline until the violation issue has been resolved.

Article 12 Links

  1. There are some third party website links that appear on this website, which is out of VCASMO's control. Therefore, VCASMO is not responsible or liable for any offensive content these sites contain, or for any of the contents of some products, such as advertising, or content on linked websites.
  2. VCASMO is not responsible or liable for any damages caused by such linked websites, use of products, services, and information.
  3. Such linked websites have their own privacy policies, terms of use, and rights and obligations, and when the user makes use of these sites, he or she must follow those policies. Please always check it before using them.

Article 13 Temporary Interruption of the Services

  1. The services might temporarily be interrupted without prior notification to the user when corresponding to the following situations:
    1. While equipment for the Services is being maintained.
    2. An unavoidable failure occurs in the facilities that provide the Services.
    3. Internet failures, computer equipment failures, telecommunication equipment failures, or other equipment failures, electrical power failures, etc, due to major reasons: accidents, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, natural disasters, war, or governmental actions.
    4. The use of the data center, hosting, telecommunication facilities, content delivery network, etc. that are provided by third party providers has become unusable.
    5. When VCASMO judges that a temporary interruption needed for technically reason.
  2. VCASMO is not responsible or liable for damages due to delay or interruption of the Services that was caused by one of reasons in Point 1.

Article 14 Disclaimer of Warranties

  1. VCASMO will not be responsible or liable for any damage or loss suffered by the User caused by the use of these Services.
  2. VCASMO will not be responsible or liable for the damage or loss suffered by any third party caused by the User using these Services.
  3. VCASMO will not be responsible or liable for the damage or loss suffered by the User due to any situation stated in Article 2: Terms of Use, Article 11: Temporary Suspension of User Account, Article 13: Temporary Interruption of the Services, Article 16: Termination of  Services.
  4. VCASMO assumes that information obtained by the User while using the Services, without any guarantee its authenticity, legality, eligibility, accuracy, and usefulness.
  5. VCASMO cannot guarantee that any equipment, operation system, browser or software the User uses to access the Services will be authentic, legal, accurate or useful.
  6. VCASMO cannot guarantee that any software downloaded from the Services is bug free, virus free and free of malicious programs. Users should scan all programs with their own anti-virus software before using them. VCASMO also cannot guarantee that software downloaded from the Services will run in User's own computing environment authentically, legally, accurately, and usefully.
  7. VCASMO will not be responsible or liable for Submissions of the User becoming deteriorated or damaged. The User is expected to manage his or her own Submissions.
  8. VCASMO does not guarantee the authenticity, legality, accuracy, or usefulness of the links that appear on this website or in the User's Submissions. VCASMO does not guarantee that any websites linked through this site are still active.

Article 15 Limitation of Liability

  2. VCASMO assumes no responsibility for accuracy, correctness, or timeliness of content of the Services provided on this website. You should not assume that the Services on this web site are continuously updated or otherwise maintained to contain current information. VCASMO is not responsible for supplying content or Services from the web site if they have expired or have been removed. THE SERVICES PROVIDED ON 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 IS HEREBY EXCLUDED.
  3. The Services are offered and controlled by VCASMO from its facilities located in Hong Kong, the United Kingdom and the United States of America. VCASMO makes no representations that the Services are 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 or guarantee that the Submissions are secure anytime, and is not responsible for any data, file or Submissions lost. We recommend the User keep original data, files and backup of Submissions offline.

Article 16 Termination of the Services and Shut-down of this Website

If the Services are ended, the User will be notified beforehand. If there is an unavoidable reason to urgently shut down the Services, the User might not receive any advance notice.

Article 17 Compensation Claim

If the User violates the Rules or there is a 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)  incurred to VCASMO because of 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 to determe any dispute concerning the Terms of Use.

Last updated: 19thDecember 2012

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