VerilyViral | legal questions+answers

VerilyViral \| rules, terms, and policies
rules affiliates terms privacy cookies Q&A This document was updated on March 13, 2019 and may change at anytime. Please keep a copy for your records. Your contest or video only need to follow the rules that were in effect on the day you published your video. [print] Legal The following are legal agreements. Please read carefully. Using this site confirms that you agree to these terms, conditions and agreements. If you don't agree, please don't use the site. All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsements, agreements, or partnerships of any kind. Standard Rules A verilyviral video is a publicly available video on Youtube that is either a contest or an entry in a contest on VerilyViral. A video has a title, view count, and a published date. To create a contest or register in a contest you must have a google account and have created a video on youtube. An entry is a video that is registered in a contest. A contest has rules, prize money, and a video that explains the contest. Once published “live”, the contest will not change or cancel until a winner is paid. In other words, no one will change the rules once the contest is running. The contest author/sponsor may increase the prize money in order to attract more entries, but the rules or the required views will not change. Youtube is the owner and sole authority of your video, view counts, and any copyright’s. VerilyViral uses public data from Youtube and is not responsible or liable for any confusion or errors in view count or if Youtube should delete your video or your account. Google works hard to ensure videos and view counts are fair, accurate, and not fraudulent. VerilyViral is not affiliated with Google or Youtube in anyway. Likewise, you are free to monetize and profit from your youtube video however you like. VerilyViral has no ownership, rights, or responsibility for your video. Obviously, your video must satisfy all of youtube’s requirements to stay online. We won’t enforce it, but youtube will and it would be a shame to have them remove your winning creation. An entry will win a contest and the prize if and only if it satisfies all of these rules and the additional rules created by the contest author/sponsor and it must exceed the contest's minimum view count and have the most view counts of all entries for 3 days in a row 30 days after the contest's published date. In this way, every contest will last at least one month. VerilyViral, not the contest author/sponsor, will impose and interpret the rules and whether an entry is the winner. If the video entry's channel has subscribers, the winning video's winning view count must exceed 20% of its channel's total subscriber count as well to be considered the winner. In this way, youtube celebrities with a lot of subscribers will be normalized. In other words, the winning video must exceed the contest's minimum view count and one fifth of its channel's total subscriber count. A video entry must have been created after the contest was published on youtube and VerilyViral.com. A video that was created before a contest was published on VerilyViral will not be eligible to win. Anybody anywhere can enter videos in a contest. There is no limit and very little constraints for entry. We can not guarantee that all videos will satisfy the contest rules. We can only impose the rules on the winning videos. Subjective rules will be considered but not guaranteed and any confusion regarding the rules will be resolved by VerilyViral, not the contest author/sponsor, and in most cases without consulting with the contest author/sponsor. Your video’s audio must proudly refer to VerilyViral and encourage people to join you there. It must not be sarcastic, satirical or negatively refer to VerilyViral in any way. Your video title on VerilyViral must not include numbers, like “You can win $100,000!”. You’re welcome to put numbers in your youtube title or anywhere else, but keep in mind you may want to increase your prize later in the contest, so you’ll want to update all your social media, ads, etc. that refer to your contest and it’s prize. Your video must not abuse, defame, exploit, bully or injure any persons, animals, or brands. Your video must not feature, promote or encourage life threatening events or behaviors. However this does not exclude athletic excellence, extreme sports, etc. Just be wise and creative. We don’t want anyone dying while trying to win a contest. Please. Your video must not promote, condone, include or encourage hate, violence, bigotry of any kind, weapons, illegal drugs, intoxication, porn, or illegal activities. By creating or participating in a contest on our site, you agree to our terms and our authority and will not sue for resolution. We will consider the context and content of your winning video before rewarding you a prize. And so, we recommend you err on the side of love and happiness. :) We will not scrutinize your video unless and until it has won a contest, so don’t risk losing it all by stretching or challenging the interpretation of these rules. Payouts will be rewarded via EFT or to the credit card of your choice, but first we’ll ask you to verify that you are the owner of the youtube by editing the title or the description in a unique way upon winning a contest. Contests will not be published “live” nor will entries be permitted until the full prize amount is paid to VerilyViral via EFT. An invoice will be emailed to you after you complete the contest creation form. Once a contest goes "live" it cannot be canceled or refunded for any reason. If your contest benefits a non-profit, NGO, or 501c3, we will work with you and your NGO or 501c3 to help you get your tax deductible receipt. However, we cannot guarantee anything on behalf of your beneficiary or the tax laws in your country. You agree to always promote VerilyViral enthusiastically. All your media, videos, descriptions, and associated websites, blogs, and social media must NOT be sarcastic, satirical or negatively refer to VerilyViral in any way. Your video must include our logo or the words “VerilyViral.com” for at least 10 seconds of your video. It can be a watermark or get creative and put it in the real world on a wall, hat, tattoo or t-shirt. Feel free to display it longer and/or get creative with it. Your video's youtube description must contain the hashtag #VerilyViral and a link to your video on VerilyViral.com in the first 100 characters and VerilyViral must be listed first in youtube's tags for that video. Affiliates earn 20% commission of our contest registration fee To become an affiliate, you must sign in here at least once and then simply add ?ref=your@email.com to any of the verilyviral web addresses you share online. Be sure you use the same email you used to sign in here. For example, https://verilyviral.com/?ref=your@email.com If you find one of your customers using our site and you're not getting credited, please forward the original email you sent to that customer to us to claim the affiliation. Affiliate payments will be emailed to you once a month if the balance exceeds $20 If you'd like to discuss this with a real person, please schedule a phone call Terms of Use This web page represents our Terms of Use and Sale ("Agreement") regarding our website, located at VerilyViral.com, and the tools we provide you (the "Website" or the "Service"). The terms, "we" and "our" as used in this Agreement refer to VerilyViral. We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website. Limited License VerilyViral grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to create contests, participate in contests, purchase products and related services through our Website, strictly in accordance with our Legal Terms. Copyrights and Trademarks Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by VerilyViral. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. VerilyViral aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of VerilyViral’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners. Links to Third-Party Websites Our Website may contain links to Websites owned or operated by parties other than VerilyViral. Such links are provided for your reference only. VerilyViral does not monitor or control outside Websites and is not responsible for their content. VerilyViral’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does VerilyViral’ inclusion of the links imply that VerilyViral is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website. Content Disclaimer Postings on our website are made at such times as VerilyViral determines in its discretion. You should not assume that the information contained on our website has been updated or otherwise contains current information. VerilyViral does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. The information and materials in our website are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice. Refunds Once created, a contest cannot be cancelled or deleted from our site and we DO NOT issue refunds. No Warranties; Exclusion of Liability; Indemnification Our website is operated by VerilyViral on an "as is," "as available" basis, without representations or warranties of any kind. to the fullest extent permitted by law, VerilyViral specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our website and any contracts and services you purchase through it. VerilyViral shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website. Your use of our website and any contracts or services are at your own risk. In no event shall either VerilyViral or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website, contracts and services purchased through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall VerilyViral’ liability for any damage claim exceed the amount paid by you to VerilyViral for the transaction giving rise to such damage claim. Without limiting the foregoing, VerilyViral do not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that our website will operate without interruption or error. Indemnification You agree to defend, indemnify and hold VerilyViral harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Products or Services you purchase through it. Privacy Policy Our Website follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. Definitions Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Cookies: Cookies are small pieces of data stored on a User's device. Data Controller: Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data. Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively. Data Subject: Data Subject is any living individual who is the subject of Personal Data. User: The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data. Information Collection And Use We collect several different types of information for various purposes to provide and improve our Service to you. Types of Data Collected Personal Data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: Email address, Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Usage Data We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. Tracking & Cookies Data We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings). Use of Data We use the collected data for various purposes: To provide and maintain our Service To notify you about changes to our Service To allow you to participate in interactive features of our Service when you choose to do so To provide customer support To gather analysis or valuable information so that we can improve our Service To monitor the usage of our Service To detect, prevent and address technical issues To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information Retention of Data We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods. Transfer Of Data Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Disclosure Of Data Business Transaction If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy. Disclosure for Law Enforcement Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Security Of Data The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR) If you are from the European Economic Area (EEA), VerilyViral legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. VerilyViral may process your Personal Data because: We need to perform a contract with you You have given us permission to do so The processing is in our legitimate interests and it's not overridden by your rights For payment processing purposes To comply with the law Your Data Protection Rights Under General Data Protection Regulation (GDPR) If you are a resident of the European Economic Area (EEA), you have certain data protection rights. VerilyViral aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights: The right to access, update or to delete the information we have on you. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete. The right to object. You have the right to object to our processing of your Personal Data. The right of restriction. You have the right to request that we restrict the processing of your personal information. The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format. The right to withdraw consent. You also have the right to withdraw your consent at any time where VerilyViral relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA). Service Providers We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/ Payments We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Children's Privacy Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers. Contact Us If you have any questions about this our policies, please contact us here [contact us]. Or join the discussion below Cookies We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings). Legal Q&A Ask questions! Get answers! Be relevant, respectful, supportive, and professional. We will not tolerate abuse, promotions, trolls or spammy people.
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