1. Your Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through the vlogCRUSH.com domain name, the “vlogCRUSH Website” and other sites owned, operated or controlled by vlogCRUSH Pte Ltd., the "Website"), or submitting content to this website, you signify your agreement to (1) these Terms of Service (the "Terms of Service"), vlogCRUSH’s Privacy Policy at www.vlogCRUSH.com/privacy/.

In addition, if you achieved vlogSTAR™ status and agreed to the submission of content via the vlogSTAR Rewards™ Program, you signify your assent to their additional Terms of Service. These Terms of Service apply to all users of the Website. If you do not agree to these terms, the vlogCRUSH privacy policy, or the Terms of Service for the vlogSTAR™ Program, please do not use the vlogCRUSH Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.vlogCRUSH.com/tnc/terms). vlogCRUSH 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 this Agreement shall be deemed to confer any third party rights or benefits.

2. Links

These Terms of Service apply to all users of the vlogCRUSH website, including users who are contributors of video content, information, votes and other materials or services on the Website. The vlogCRUSH website includes all aspects of vlogCRUSH, including but not limited to all products, software and services offered via the website such as the vlogCRUSH profiles, the vlogCRUSH video uploading and recording, the vlogCRUSH “Voting System” and other applications.

The Website may contain links to third party websites that are not owned or controlled by vlogCRUSH. vlogCRUSH is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, vlogCRUSH will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release vlogCRUSH from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the Terms of Service and privacy policy of each other website that you visit.

3. vlogCRUSH Accounts

In order to access some features of the Website, you will have to create a vlogCRUSH account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify vlogCRUSH via support@vlogcrush.com immediately of any breach of security or unauthorized use of your account.

Although vlogCRUSH will not be liable for your losses caused by any unauthorized use of your account, you may be liable for any use made of your account or password and the losses of vlogCRUSH or others due to such unauthorized use.

3. General Website Access

vlogCRUSH hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

a) You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without vlogCRUSH’s prior written authorization.

b) You agree not to copy, distribute or modify any part of the Website, including but not limited to vlogCRUSH video uploading and recording, Voting System or any of its related technologies.

c) You agree that the use of the Website is solely for your personal, noncommercial use. Prohibited commercial uses include any of the following actions taken without vlogCRUSH express approval:

• Sale of access to the vlogCRUSH Website or its related services on another website.
• Use of the vlogCRUSH Website or its related services for the primary purpose of gaining advertising or subscription revenue.
• And any use of the Website or its related services that vlogCRUSH finds, in its sole discretion, to use vlogCRUSH’s resources or User Submissions with the effect of competing with or displacing the market for vlogCRUSH, vlogCRUSH content, or its User Submissions.

d) You agree not to access the User Submissions (defined below) or vlogCRUSH Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means vlogCRUSH may designate.

e) You agree not use the Website to transmit unsolicited or unauthorized information including but not limiting to advertisements, spam, chain letters etc.

f) You agree not to transmit any Content which contains software viruses, or other harmful computer code, files or programs;

g) You agree not disrupt servers or networks connected to the Website; and

h) You agree to comply with these Terms of Service.

i) If you use the vlogCRUSH Upload Vlog or Record Vlog, you agree that it may automatically download and install updates from time to time from vlogCRUSH. These updates are designed to improve, enhance and further develop the Upload Vlog feature and/or Record Vlog feature and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit vlogCRUSH to deliver these to you) as part of your use of these features.

j) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the vlogCRUSH 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. vlogCRUSH grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. vlogCRUSH reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions..

k) In your use of the website, you will otherwise comply with these Terms of Service and all applicable local, national and international laws and regulations.

l) vlogCRUSH reserves the right to discontinue any aspect of the vlogCRUSH Website at any time.

m) vlogCRUSH reserve the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Your Use of Content on vlogCRUSH Website

a) The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to vlogCRUSH, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without the prior written consent of vlogCRUSH and/or respective owners. vlogCRUSH reserves all rights not expressly granted in and to the Website.

b) If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

c) You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the vlogCRUSH Service; and
• for Streaming.

"Streaming" refers to a simultaneous digital transmission of an audiovisual work via the Internet from the vlogCRUSH Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

d) User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the vlogCRUSH Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the vlogCRUSH Service or otherwise as prohibited under this Agreement.

e) You may access vlogCRUSH Content, User Submissions and other content only as permitted under this Agreement. vlogCRUSH reserves all rights not expressly granted in and to the vlogCRUSH Content and the vlogCRUSH Service.

f) You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that vlogCRUSH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 vlogCRUSH with respect thereto, and agree to indemnify and hold vlogCRUSH, its Owners/Operators, affiliates, and/or licensors, employees, agents harmless to the fullest extent allowed by law regarding all matters related to your use of this website.

6. Copyright and Content Policy – Vlog Your Own Content!

vlogCRUSH does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and vlogCRUSH will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. vlogCRUSH reserves the right to remove Content and User Submissions without prior notice. vlogCRUSH will also terminate a User's access to the Website, if they are determined to be a repeat infringer. vlogCRUSH may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms of Services at any time, without prior notice and at its sole discretion.

vlogCRUSH does not endorse any User Submission or any opinions recommendations or advice expressed therein, and vlogCRUSH expressly disclaims any and all liability in connection with User Submissions.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please inform and provide vlogCRUSH with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright;

• Identification of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• The website URL and description of the material that you claim is infringing is located on the Website;

• Reasonable contact information for the service provider to contact you. (i.e. electronic mail)

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

vlogCRUSH’s Copyright Agent for Notice of claims of copyright infringement can be reached via support@vlogcrush.com Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

7. Account Termination Policy

vlogCRUSH will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer of the service.

vlogCRUSH reserves the right to decide whether Content or User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to pornography, obscene or defamatory material, or excessive length. vlogCRUSH may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VLOGCRUSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VLOGCRUSH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 ON OR VIA THE WEBSITE. VLOGCRUSH DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND METACAFE 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.

9. Limitation of Liability

IN NO EVENT SHALL METACAFE, 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) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METACAFE 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 METACAFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.

10. Indemnity

You agree to defend, indemnify and hold harmless vlogCRUSH, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms and Service; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Service and your use of the Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Service, and to comply with these terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. Talk to your parents and seek their guidance on usage of this Website and find out what other Websites might be appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by vlogCRUSH without restriction.

13. General

You agree that: (i) the Website shall be deemed solely based in Singapore; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over vlogCRUSH, either specific or general, in jurisdictions other than the country of Singapore. These Terms of Service shall be governed by the internal substantive laws of the country of Singapore, without respect to its conflict of laws principles. Any claim or dispute between you and vlogCRUSH that arises in whole or in part from the Website or these Terms of Service shall be decided exclusively by the local jurisdiction of Singapore. These Terms of Service, together with the Privacy Policy at www.vlogcrush.com/privacy/ and the following terms of service: (A) Terms for vlogSTAR Rewards™ Program; and any other legal notices published by vlogCRUSH on the Website, shall constitute the entire agreement between you and vlogCRUSH concerning the Website. 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 a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. vlogCRUSH 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 Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VLOGCRUSH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VLOGCRUSH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: November 2009.