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Welcome to Freeport VM! Before you register for your Freeport VM account, you must read and agree to these Freeport VM Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): * H & W Ventures, LLC Terms of Service – Our general terms and conditions * Freeport VM Privacy Policy – How we maintain and protect your personal information in Freeport VM * Freeport VM Service Policies – Guidelines for using Freeport VM Service Although we may attempt to notify you via your Freeport VM address when major changes are made, you should visit this page periodically to review the terms. H & W Ventures, LLC may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Freeport VM service. In the event of an inconsistency between the Freeport VM Terms of Use and either H & W Ventures, LLC's general Terms of Service (available at http://www.freeportvm.com/static/freeportvmtermsofservice.aspx) or the Freeport VM Privacy Policy (available at http://www.freeportvm.com/static/freeportvmprivacynotice.aspx), the Freeport VM Terms of Use shall control. 1. Description of Service. Freeport VM is a video email service from H & W Ventures, LLC (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Freeport VM Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. H & W Ventures, LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. H & W Ventures, LLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. 2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. H & W Ventures, LLC reserves the right to refuse service to anyone at any time without notice for any reason. 3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Freeport VM Service Policies ("Service Policies"), located at http://www.freeportvm.com/static/freeportvmservicepolicies.aspx or such other URL as H & W Ventures, LLC may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by H & W Ventures, LLC; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. H & W Ventures, LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. 4. Content of the Service. H & W Ventures, LLC takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does H & W Ventures, LLC have any obligation to monitor such third party content. H & W Ventures, LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. H & W Ventures, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of H & W Ventures, LLC, its users and the public. H & W Ventures, LLC will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement. 5. Intellectual Property Rights. H & W Ventures, LLC's Intellectual Property Rights. You acknowledge that H & W Ventures, LLC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "H & W Ventures, LLC Rights"), and such H & W Ventures, LLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The H & W Ventures, LLC Rights include rights to (i) the Service developed and provided by H & W Ventures, LLC; and (ii) all software associated with the Service. The H & W Ventures, LLC Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. Your Intellectual Property Rights. H & W Ventures, LLC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Freeport VM account. We will not use any of your content for any purpose except to provide you with the Service. 6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to H & W Ventures, LLC to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 7. Privacy. As a condition to using the Service, you agree to the terms of the Freeport VM Privacy Policy as it may be updated from time to time. H & W Ventures, LLC understands that privacy is important to you. You do, however, agree that H & W Ventures, LLC may monitor, edit or disclose your personal information, including the content of your videos and emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Freeport VM Privacy Policy. Personal information collected by H & W Ventures, LLC may be stored and processed in the United States or any other country in which H & W Ventures, LLC. or its agents maintain facilities. By using Freeport VM, you consent to any such transfer of information outside of your country. 8. Advertisements. As consideration for using the Service, you agree and understand that H & W Ventures, LLC will display ads and other information related to the content of your email to recipient you send video emails to. Video and image ads may by display in conjunction with the video message page end recipient view. Freeport VM serves relevant ads using a completely automated process that enables H & W Ventures, LLC to effectively target dynamically changing content. No human will read the content of your email or video message in order to target such advertisements or other information without your consent, and no email or video content or other personally identifiable information will be provided to advertisers as part of the Service. 9. Account Inactivity. After a period of inactivity, H & W Ventures, LLC reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party. For more information on how H & W Ventures, LLC deals with account inactivity, please consult the Program Policies. 10. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to H & W Ventures, LLC at http://www.freeportvm.com/members/cancel.aspx ; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. H & W Ventures, LLC may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any videos, files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless H & W Ventures, LLC has previously canceled or terminated your use of the Services (in which case subsequent notice by H & W Ventures, LLC shall not be required), if you have provided an email address, H & W Ventures, LLC will notify you via email of any such termination or cancellation, which shall be effective immediately upon H & W Ventures, LLC's delivery of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. 12. Indemnification. You agree to hold harmless and indemnify H & W Ventures, LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, H & W Ventures, LLC will provide you with written notice of such claim, suit or action. 13. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Tippecanoe County, Indiana, and you consent to the jurisdiction of such courts. H & W Ventures Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Freeport VM Copyright Dept c/o H & W Ventures P.O. BOX 3854 West Lafayette, IN 47966-3854 By fax: (765) 420-7625 By email: legal-copyright@freeportvm.com
Notice: For security and privacy issues video messages are deleted after 30 days. Each recipient you send a video message to may view a video up to 30 times. You may login to your account to manage account settings and view video logs.
I am at least 13 years old.
Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this service
I have read and agree to the Freeport VM Terms of Service
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