Last Updated: February 8, 2018
We would like your family’s experience with Video Poodle to be safe, entertaining, and user-friendly. If you ever see something on VideoPoodle.com that does not meet those expectations, please let us know through our CONTACT page.
USE OF VIDEO POODLE’S SERVICES
By using Video Poodle’s Website, you agree that:
Your use of the Website, including, without limitation, any of the elements or content, is solely for your own noncommercial use and benefit.
You will not interfere with any other member's use and enjoyment of the Website. You will not use the Website or the information contained therein in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Website.
You will not submit, distribute, or otherwise make available any material, image or drawings (“Submissions”) that contains, in the opinion of Video Poodle: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable, inappropriate, or unlawful material; (3) material that could harm minors; (4) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, or disability; (5) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (6) any information intended to promote and/or generate revenue for any third party business activity.
You have all necessary rights, including, but not limited to, intellectual and other proprietary rights, in and to all Submissions you provide and all materials they contain.
You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, or voice. You will not submit any personal information to the Website, about yourself or others, that is not accurate and truthful.
You will not use the Website for any harmful or unlawful purpose, including engaging in (or attempting to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit any criminal activity. You agree that your use of the Website will not harm minors in any way.
You will not submit, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.
You will not attempt to gain unauthorized access to Video Poodle's computer systems. You recognize that not all areas of the Website may be available to you.
If you do not agree with the terms of this Agreement, you will not use the Website.
Video Poodle cannot and does not guarantee that other Website users will comply with the rules above. Video Poodle reserves the right to change the Website or delete content or features on the Website at any time, in any way, for any or no reason.
PROPRIETARY RIGHTS Title and intellectual property rights for the Website and content on the Website are exclusively owned by The Hurwitz Entertainment Company, Inc., its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of The Hurwitz Entertainment Company, Inc., including, without limitation, “Video Poodle,” may not be used or copied in any manner without the express prior written consent of Video Poodle or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Website are the property of their respective owners. Except as specifically provided herein, the copying or redistribution of any part of the Website or any content contained therein without express prior written consent from The Hurwitz Entertainment Company, Inc. is prohibited. In particular, except as specifically provided herein, Video Poodle prohibits the use, copying, distribution, transmission, display, performance, creation of derivative works, or exploitation in any form or manner of any and all content on the Website (which includes, without limitation, any and all articles, text, graphics, logos, video clips, music clips, and software) without Video Poodle's express prior written consent. Further, the computer code that Video Poodle creates to generate its Website is protected by copyright and any copying or adapting of such code is strictly prohibited.
You shall not use a username or password that Video Poodle, in its sole discretion, deems offensive or inappropriate. Video Poodle reserves the right to deny creation of your account based on Video Poodle's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password and shall not share your password with third parties. You shall immediately email us through the CONTACT page to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your Video Poodle account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Website. You may terminate your account at any time by contacting us through the CONTACT page. Notwithstanding anything else herein, Video Poodle reserves the right to pursue any and all claims against any user of your account.
SUBMISSIONS Video Poodle is pleased to hear from its members and welcomes your feedback regarding our Website. However, Video Poodle does not review, preserve, or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Video Poodle's professional staff seem to others to be similar to their own creative work. Accordingly, Video Poodle requests that your feedback relate to those services and products offered by Video Poodle, and that you not submit any creative ideas, suggestions, or materials.
If you send, submit, or otherwise make available Submissions via the Website, including, without limitation, digital artworks, coloring pages, drawings, child’s first name, child’s age, and child’s city and state of residence, or unsolicited creative ideas, suggestions, or materials (collectively, the “Submissions”), you agree that none of the Submissions shall be subject to any obligation of confidence on the part of Video Poodle. Please be advised that Submissions that are posted on the Website do not necessarily reflect the views of Video Poodle.
Please note that all Submissions of Artwork must be from members. For such Submissions, you hereby warrant and represent that you are at least eighteen (18) years old and are the parent or legal guardian of the minor named in the image label created which may accompany the Submission, or who may appear in the Submission (your “Child”).
In consideration of the opportunity to have your Submission considered for publication or broadcast on the Website, you hereby warrant and represent that your Submission is the original creation of you and/or your Child and not material created by a third party. You hereby: (1) agree that any physical copy of your Submission shall be deemed, and shall remain, the property of Video Poodle; (2) grant to Video Poodle and its licensees, designees, assignees, parents, subsidiaries and affiliates, and their respective employees, agents, representatives, officers and directors (collectively “Releasees”), a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, transferable, worldwide license to use, reproduce, distribute, publicly display and perform, modify, and create derivative works from such Submission, including without limitation all artwork, likenesses, trademarks, names, ages, and all intellectual property and other proprietary rights included therein, in any and all media now known or hereafter developed and for all purposes, including without limitation, to publicize, promote, or advertise Releasees’ businesses or programming services, and without notice or attribution to you or any other person or entity and without obtaining any further permission or license or making any payment whatsoever, but acknowledge that Releasees have no obligation to use your Submission; and (3) waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against Releasees for exercising these rights. You agree to indemnify and hold harmless and, at Releasees’ request, to defend Releasees from any and all claims, actions, lawsuits, liabilities, and expenses arising out of or relating to their use of the Submission, and you further agree that Releasees shall not be liable for any use or disclosure of the Submission, and hereby waive any claim against Releasees as a result of the use or disclosure of the Submission. You agree that you shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain, or otherwise impair the exercise of any rights and privileges granted hereunder, nor to enjoin or otherwise impair the property, assets, programming, or productions of Releasees or the development, production, exhibition, or exploitation of the Submission or any portion or modification thereof in advertising, publicity, or promotions in connection therewith. You acknowledge and agree that neither your Child, your Licensors, nor you will be paid any money or other compensation for granting this license/release, and that this license/release shall be governed by the laws of the United States and the state of California and any action related hereto shall be heard exclusively in the state or federal courts in Los Angeles County, California. You hereby certify that your Submission includes no personally identifiable information about any child under the age of thirteen (13), and acknowledge that Video Poodle has requested no such information. YOU HEREBY WARRANT AND REPRESENT THAT YOU READ AND UNDERSTOOD THIS LICENSE/RELEASE, NO ORAL OR WRITTEN REPRESENTATIONS TO THE CONTRARY HAVE BEEN MADE TO YOU, AND YOU AGREE TO THIS LICENSE/RELEASE ON BEHALF OF YOUR CHILD. Notwithstanding anything to the contrary in this paragraph, Video Poodle does not intend to disclose any Submissions you submit.
Video Poodle reserves the right, in its sole discretion, to refuse to post or otherwise make public any Submissions. Without limitation of the foregoing, Video Poodle shall have the right to use and change the Submissions in any manner that Video Poodle may determine. You acknowledge that Video Poodle may or may not pre-screen Submissions, but Video Poodle and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen or refuse any Submissions. Video Poodle may, in its sole discretion, monitor the Submissions of all users, but Video Poodle cannot be responsible for the views or opinions expressed. Video Poodle neither endorses the contents of any user Submissions nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby.
Video Poodle reserves the right to have down times for periodic maintenance and will do our best to make sure that this time does not interfere with high traffic times for members.
MALWARE If you are experiencing unusual occurrences or seeing unusual content or advertisements on the Website, these problems may be caused by malware installed on your computer or mobile device. Malware is malicious software, such as a virus or spyware, that could damage or disable a computer system or mobile device. Malware is typically installed on a user’s computer or mobile device without his or her knowledge or consent. Malware can interfere with how VideoPoodle.com and other websites appear on your computer and other devices. You may need to repair your computer or mobile device to remove malware. Video Poodle is not responsible for the effects of or liable for damage caused by any third party software on your computer or mobile device.
DISCLAIMER THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. VIDEO POODLE DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
VIDEO POODLE DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. NEITHER VIDEO POODLE NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINES, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY VIDEOPOODLE.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT THE MEMBER'S OWN RISK. THE MEMBER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM VIDEOPOODLE.COM. ANY MATERIAL SUBMITTED THROUGH THE USE OF WEBSITE IS UPLOADED AT THE MEMBER'S OWN RISK. THE MEMBER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE WEBSITE.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL VIDEO POODLE, ITS AFFILIATES, PARENT, SUBSIDIARIES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE VIDEO POODLE PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL VIDEO POODLE OR ANY OF THE VIDEO POODLE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING MEMBERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY VIDEO POODLE PARTY HAS BEEN ADVISED OF (OR IF ANY VIDEO POODLE PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL VIDEO POODLE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE MEMBER, IF ANY, TO ACCESS THE WEBSITE.
INDEMNIFICATION You the member agree to indemnify and hold harmless, and at Video Poodle’s request, defend Video Poodle and the Video Poodle Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (1) your use of the Website or the use of the Website by your children; (2) use of the Website by anyone using your computer or your account; (3) a violation of this Agreement by you or anyone using your computer, your mobile device, or your account; (4) any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer, your mobile device, or your account; or (5) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against Video Poodle or any Video Poodle Party based on your conduct or use of the Website or that of someone using your computer or account, you agree to compensate Video Poodle and all Video Poodle Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.
INDEPENDENT INVESTIGATION Video Poodle reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Video Poodle becomes aware of possible violations. Such an investigation may include gathering information from the member and the complaining party and reviewing materials on Video Poodle’s servers and systems. During an investigation, Video Poodle may remove any and all disputed material from Video Poodle’s servers and systems. If Video Poodle believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Video Poodle may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Video Poodle’s servers and systems, warnings, and/or suspension or termination of member account(s). Violations also could subject members to criminal or civil liability.
JURISDICTIONAL ISSUES / GOVERNING LAW The Website is controlled and operated by Video Poodle from within the United States of America, and is intended for use only by residents of the United States. Video Poodle makes no representations or warranties that the content or materials of the Website are appropriate or lawful in any foreign countries. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Website or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the state of California, U.S.A., without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Website shall be finally adjudicated or determined in any court or courts of California or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.
ACCEPTANCE Your use of the Website constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Video Poodle or by third-party content providers in connection with content, software, or services available on, through or in connection with the Website.
ACTS OF GOD Video Poodle shall be excused from its obligations for any period to the extent that Video Poodle is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Video Poodle's reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
WAIVER Video Poodle's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Video Poodle's right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Video Poodle to exercise or take advantage of any right or remedy that Video Poodle has or may have hereunder operate as a waiver of any right or remedy.
SEVERABILITY In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
HEADINGS Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Video Poodle concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Video Poodle.
COPYRIGHT POLICY Video Poodle respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Website infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Website, then you may notify Video Poodle using the procedures set forth below.
Send your notice of infringement to our designated agent:
Sam Hurwitz 5344 VINELAND AVENUE NORTH HOLLYWOOD, CA 91601 Telephone: 818-487-8300 Fax: 818-487-8301 Email: firstname.lastname@example.org
Your notice must be in writing and include the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work; An identification of the URL web address on VideoPoodle.com or other specific location where the allegedly infringing material is located; The address, telephone number, and email address of the notifying party; A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; And a statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR VIDEO POODLE AS A RESULT OF VIDEO POODLE’S RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Video Poodle may expeditiously remove or block access to the allegedly infringing material, and notify the member who posted the material that we have taken such action. If you, as the member, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include:
A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location on the Website or in the Apps at which the material appeared before it was removed or access to it was disabled; A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
All content produced by The Hurwitz Entertainment Company, Inc.:
©2018 The Hurwitz Entertainment Company, Inc., All Rights Reserved