Terms of Use

By using the Video Bomb, a service of Participatory Culture Foundation ("PCF"), you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

1. You must be 13 years and older to use this site.
2. You are responsible for any activity that occurs under your user name.
3. You are solely responsible for the audio and video posted in your channel.
4. You are responsible for keeping your password secure.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Video Bomb service.
6. You must not abuse, harass, threaten, impersonate or intimidate other Video Bomb users.
7. You must not transmit any worms or viruses or any code of a destructive nature.
8. You must not create or submit unwanted messages to any other Video Bomb users ("Spam").
9. You must not, in the use of the Video Bomb, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Video Bomb account. While PCF prohibits such conduct and content on its site, you understand and agree that PCF cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Video Bomb service at your own risk.

General Conditions

• We reserve the right to modify or terminate the Video Bomb service for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Copyright

First, Video Bomb and Participatory Culture Foundation do not publish or host the videos that are linked to on Video Bomb and have no way of controlling the publishers or the servers on which the videos are hosted. Thus, if you want a piece of content removed from circulation, the best way to do that is to contact the website that hosts the video, not us.

That said...

DMCA Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site www.copyright.gov/legislation/dmca.pdf) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent a infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed.
2. For example, "The copyrighted work at issue is the text that appears on www.participatoryculture.org".
3. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must specifically identify both
4. Provide information reasonably sufficient to permit PCF to contact you (email address is preferred).
5. Provide information, if possible, sufficient to permit PCF to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
6. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
7. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
8. Sign the paper.

9. Send the written communication to the following address:

Participatory Culture Foundation
Attn: Copyright Agent
28 Monadnock Rd.
Worcester, MA 01609

Counter Notification

The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the material that PCF has removed or to which PCF has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper.
5. Send the written communication to the following address:

   Participatory Culture Foundation
   Attn: Copyright Agent
   28 Monadnock Rd.
   Worcester, MA 01609
   

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