This TrickLife.com Terms of Service Agreement ("TOS") is a legal agreement between you, either an individual or a single entity, ("User") for the use of the TrickLife.com service. By accessing, viewing or otherwise using TrickLife.com, user agrees to be bound by the terms of this TOS. Additional terms and conditions other than the terms and condition of this TOS are hereby objected to and rejected. If user does not agree to the terms of this TOS, they do not have a right to access, view or use this service.
'TrickLife' refers to VDM Corp, a Canadian Corporation, and this website. It does not include shareholders, developers or operators of the company.
'User' refers to any individual who either accesses, views, uploads or has uploaded media files to TrickLife.
'Registered User' refers to an individual who has furnished TrickLife with a custom username, password, and their email address, and has, in return, been provided with added privileges above and beyond those privileges granted to users of TrickLife.
2. TrickLife TOS - User's rights and limitations
TrickLife reserves the right to remove, replace or alter any videos which intends to compromise the security of our server, use an excessive amount of bandwidth, or would be otherwise malignant, at any time. TrickLife also assumes no responsibility or liability for registered users' lost registration links or users' forgotten media upload urls. The user is responsible to keep track of this information. Registered users are also responsible for maintaining the confidentiality of their account access information and responsible for all activities that occur under their user account.
You agree not to use TrickLife' services to upload the following types of media under any circumstance.
a. Media which contains pornography, nudity, sexual imagery or depiction of genetalia.
b. Media files which are considered to be pedophiliac. This includes the depiction of persons under the age of 18 posing in a sexually implicit or explicit manner or partaking in explicit sexual situations.
c. Media of a distasteful or gruesome nature, and any media containing scenes of death or extreme physical abuse to humans or animals.
d. Media which promotes hate or racism towards an identifiable group or is otherwise aimed to harass individuals or multiple persons.
e. Media which violates any Canadian laws regarding digital content usage. Media that also infringes on the rights of legitimate copyright holders is also not allowed.
f. Media in a format which does not conform to the allowed filetypes on TrickLife.
TrickLife reserves the right to decide appropriate content at its own discretion and may delete media files uploaded by users at anytime. Any user found to be uploading any of the aforementioned media will have their IP banned from the site and will not be able to access, view, or load the TrickLife site. We may also contact the appropriate authorities in regards to the offending content and provide them with information such as your IP, a tracking cookie, and the time of the upload of the offending media. This information may be used against you to find and prosecute you in regard to any of the aforementioned infringements. Registered users found to be in violation of the allowable media types limitations will have their membership privileges revoked, their account information cancelled and deleted, and all other media uploaded by said registered user removed from the TrickLife site.
Users are not allowed to direct link/hotlink/embed videos on any other site. Users must link to media files on TrickLife with the file link provided to them at the time of upload. Any user who attempts to bypass or otherwise suppress measures in place to prevent such activities will have all their media removed from the site. Moreover, the user will be disallowed from uploading, viewing, accessing or using content on the TrickLife site in the future.
TrickLife may change these TOS at anytime without prior notice. Users who access, view uploaded media, or otherwise use TrickLife agree not to involve TrickLife in legal action of any kind. Users of TrickLife hold full legal responsibility of the contents of the media and videos that they upload to TrickLife.
Except as expressly and unambiguously provided herein and as conditions of users LICENSE hereunder, user represents, warrants and agrees:
To use the service only for private, non-commercial purpose.
Not to reverse assemble, de-compile, reproduce, recreate, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the service or from any other information, except to the extent that this restriction is expressly prohibited by local law.
Not to modify, incorporate into or with other Services, or create a derivative work of any part of the service.
Not to violate any Federal, State, Municipal, or commercial laws by or with the use of the service.
This TOS shall be deemed to have been made in, and shall be construed pursuant to the laws of the Province of Ontario and Canada, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this TOS or any action relating to the subject matter hereof shall be the Canadian Provincial Courts of Ontario. The prevailing party in any action to enforce this TOS shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall TrickLife be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the service, even if TrickLife has been advised of the possibility of such damages. Because some provinces and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to user.
TrickLife' entire liability and Licensee's exclusive remedy under this TOS shall not exceed the amount paid by user to use this service.
This TOS and the AUTHORIZATION comprise the entire understanding between the parties with respect to its subject matter and supersede any previous or contemporaneous communications, representations, or agreements, whether oral or written. No modification of this TOS will be binding on TrickLife unless in writing and signed by an authorized representative of each party. Neither this TOS nor any right, privilege, license or obligation set forth herein may be assigned, transferred or shared by user without TrickLife' prior written consent, and any such attempted assignment or transfer is void. In the event any provision of this TOS is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.