Terms and Conditions

  1. Your Acceptance
    1. By using or visiting the LoadnVote website or viewing any of the content posted on the LoadnVote website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) LoadnVote's privacy statement, contained herein, and (3) LoadnVote's Usage Guidelines, also contained herein. If you do not agree to the Terms of Service, the privacy statement, or our Usage Guidelines, please does not use the Service.
    2. LoadnVote may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  2. Service
    1. These Terms of Service apply to all users of the Service, including users who are also contributors of content on the Service.
    2. The Service may contain links to third party websites that are not owned or controlled by LoadnVote. LoadnVote has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, LoadnVote will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve LoadnVote from any and all liability arising from your use of any third-party website.
  3. LoadnVote Members
    1. A. In order to access some features of the Service, you will have to create a LoadnVote membership. You may never use another's membership without permission. When creating your membership, you must provide accurate and complete information. You are solely responsible for the activity that occurs as a member, and you must keep your membership password secure. You must notify LoadnVote immediately of any breach of security or unauthorized use of your membership. B. Although LoadnVote will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LoadnVote or others due to such unauthorized use.
  4. General Use of the Service—Permissions and Restrictions
  5. LoadnVote hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
    1. You agree not to distribute in any medium any part of the Service or the Content without LoadnVote's prior written authorization.
    2. You agree not to alter or modify any part of the Service.
    3. You agree not to access content through any technology or means other than the video playback pages of the Service itself.
    4. You agree not to use the Service for any of the following commercial uses unless you obtain LoadnVote's prior written approval: • the sale of access to the Service; • the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or
    5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the LoadnVote servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.
    6. In your use of the Service, you will comply with all applicable laws.
    7. LoadnVote reserves the right to discontinue any aspect of the Service at any time.
  6. Your Use of Content
  7. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
    1. The content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are licensed to LoadnVote, subject to copyright and other intellectual property rights under the law.
    2. Content is provided to you AS IS. You may access content for your personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any content unless you see a “download” or similar link displayed by LoadnVote on the Service for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of LoadnVote or the respective licensors of the content. LoadnVote and its licensors reserve all rights not expressly granted in and to the Service and the content.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
    4. You understand that when using the Service, you will be exposed to content from a variety of sources, and that LoadnVote is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LoadnVote with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless LoadnVote, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  8. Your Content and Conduct
    1. As a LoadnVote Member, you may submit content to the Service, including videos. You understand that LoadnVote does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to LoadnVote all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your content. However, by submitting content to LoadnVote, you hereby grant LoadnVote a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and LoadnVote's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that LoadnVote may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    4. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LoadnVote all of the license rights granted herein.
    5. You further agree that you will not submit to the Service any content or other material that is contrary to our usage Guidelines, which may be updated from time to time.
    6. LoadnVote does not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and LoadnVote expressly disclaims any and all liability in connection with content. LoadnVote does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and LoadnVote will remove all content if properly notified that such content infringes on another's intellectual property rights. LoadnVote reserves the right to remove content without prior notice.
    7. Prohibited content includes, but is not limited to, the following: (such prohibition shall be determined in the sole discretion of LoadnVote); i. Content which is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. Content which harasses or advocates the harassment of another person; iii. Content which exploits people in a sexual or violent manner; iv. Content which contains nudity, excessive violence or offensive subject matter or contains a link to an adult website; v. Content which solicits or is designed to solicit personal information from anyone under 18; vi. Content which publicly posts information that creates a privacy or security risk to any person; vii. Content which constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; viii. Content which involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; ix. Content which furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating somebody’s privacy, or providing or creating computer viruses; x. Content which solicits or is designed to solicit passwords or personal indentifying information for commercial or unlawful purposes from other users; xi. Content which includes a photograph or video of another person that you have posted without that person’s consent; or xii. Content which violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  9. Account Termination Policy
    1. LoadnVote reserves the right to decide whether content violates these Terms of Service for reasons other than copyright infringement. LoadnVote may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user's membership for submitting such material in violation of these Terms of Service.
    2. LoadnVote reserves the right to terminate any membership at any time, in their sole discretion.
  10. Digital Millennium Copyright Act
    1. C. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. LoadnVote's designated Copyright Agent to receive notifications of claimed infringement is ______________________________________, email: info@LoadnVote.com,fax: _________________. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LoadnVote at _______________________. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. D. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nassau County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, LoadnVote may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LoadnVote's sole discretion.
    1. Warranty Disclaimer
    2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOADNVOTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. LOADNVOTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LOADNVOTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOADNVOTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
    3. Limitation of Liability
    4. IN NO EVENT SHALL LOADNVOTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LOADNVOTE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by LoadnVote from its facilities in the United States of America. LoadnVote makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
    5. Indemnity
    6. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LoadnVote, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
    7. Ability to Accept Terms of Service
    8. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
    9. Assignment
    10. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LoadnVote without restriction.
    11. General
    12. You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over LoadnVote, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and LoadnVote that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Nassau County, New York. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LoadnVote's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. LoadnVote reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LOADNVOTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Dated: January 10, 2012


    PRIVACY STATEMENT
    Personal Information
    Browsing LoadnVote.
    You can watch videos and vote on LoadnVote without having a LoadnVote membership.
    Your LoadnVote Membership.
    For some activities on LoadnVote, like uploading videos or running contests, you need a LoadnVote Membership. We ask for some personal information when you become a member, including your email address and a password, which is used to protect your account from unauthorized access.

    Usage Information.
    When you use LoadnVote, we may record information about your usage of the site, which other users you communicate with, the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in LoadnVote contests. If you are logged in, we may associate that information with your LoadnVote membership.
    Content Uploaded to Site.
    Any personal information or video content that you voluntarily disclose online may be collected and used by others.

    Uses
    If you submit personal information to LoadnVote, we may use that information to operate, maintain, and improve the features and functionality of LoadnVote, and to process any communication you send to us.
    We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major LoadnVote changes or for customer service purposes).
    We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit LoadnVote; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
    Information That is Publicly Available.
    Any videos that you submit to LoadnVote may be redistributed through the internet and other media channels, and may be viewed by other LoadnVote users or the general public.
    Your Choices.
    You may, of course, decline to submit personal information through LoadnVote, in which case you can still view videos, vote and explore LoadnVote, but LoadnVote may not be able to provide certain services to you.

    USAGE GUIDELINES
    LoadnVote is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on LoadnVote. Also, be advised that we work closely with law enforcement and we report child exploitation.
    Don't post videos showing animal abuse, drug abuse, under-age drinking and smoking, or bomb making.
    Graphic or gratuitous violence is not allowed. If your video shows someone being physically hurt, attacked, or humiliated, don't post it.
    LoadnVote is not a shock site. Don't post gross-out videos of accidents, dead bodies or similar things intended to shock or disgust.
    Respect copyright. Only upload videos that you made or that you are authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
    We don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
    We don’t permit predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from LoadnVote.
    We Enforce These Guidelines
    LoadnVote staff review all videos to determine whether they violate our Usage Guidelines. When they do, we remove them.