Terms of UseHaitianmotion has drawn up a simplified version of its Terms of Use to make them easier to understand. The collective nature of this website is very important to us, as is respecting the rights of others and protecting children from harmful content. We ask that you read these terms of use carefully. If you have any questions, please do not hesitate to contact us at feedback@Haitianmotion.com. These General Terms of Use ("GTU") set out the terms and conditions of use of the website "Haitianmotion.com", published by Haitianmotion. By registering on the website in accordance with the terms set out below, you expressly and unconditionally agree to the GTU. Any amendment of the GTU shall be announced via special notice posted on the Website. 1 Description of the Website Haitianmotion.com (hereafter, the "Website") is an innovative and original free video hosting website that enables registered users to upload, store, share and comment upon their personal videos. While users are granted unlimited storage space (unless otherwise notified by email), for bandwidth cost-control each video is limited to a 150 megabyte file size and a duration of 20 minutes. Because the Website is not designed as a video back-up service, you are responsible for taking all necessary precautions to safeguard your video files. In accordance with Internet practice and custom, advertisements may be incorporated into the Website. 2 Your intellectual property rights Haitianmotion has no proprietary rights to your content. By making your content accessible to other users (as individuals and as a group), you agree to allow any users - free of charge and for personal use - to view your content on or through the Website and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Website. If you wish to use another user's content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization. In addition, for the entire period in which your content is hosted, you authorize Haitianmotion to reproduce and display your content via the features that enable the Website to be accessed both on the Internet and through other electronic communication media, and to adjust said content's format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted - including your content - cannot be protected against the risks of misappropriation and/or piracy, for which Haitianmotion shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. 3 Our intellectual property rights The Website is our exclusive property. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Website. All other rights are expressly excluded without our prior written consent. 4 Our liability as host We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Abusive Content section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention. YOU AGREE THAT YOUR USE OF THE Haitianmotion WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. Haitianmotion, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE TO APPLICABLE LAW. Haitianmotion, AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE Haitianmotion WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON OUR WEBSITE. THIS DISCLAIMER INCLUDES DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY. 5 Your liability as user You warrant that your submission contains no child pornography; no pornography. dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).Your user name cannot be any obscene word. To be clear, Haitianmotion neither wants nor tolerates such content. If your videos contain such content or user name, please do not upload them to the Haitianmotion site. You also warrant that (i) it does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances from third party rights owners in such materials); (ii) it does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) it is not contrary to public policy and accepted moral standards and, generally, that it is not contrary to any applicable laws or regulations. By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s). Failure to comply with these provisions will result in your content being removed and/or your account being deactivated without prior notice. In addition, you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages. In view of the user-driven nature of the Website, and out of consideration for the general public, users are responsible for maintaining certain ethical standards respecting the videos they upload and the comments they post online and, in particular, are responsible for refraining from disseminating any violent or pornographic content. A "this video may be offensive" link appears next to each Video Player so that other users may report videos that potentially violate the Terms of Use. 6 Copyright notifications Haitianmotion does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content if properly notified that such content infringes on another's intellectual property rights. Haitianmotion reserves the right also to terminate a User's account, if they are determined to be a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Haitianmotion's copyright agent the written information specified below: * A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed * A description of all of the copyrighted works that you claim has been infringed upon * A description of where the material that you claim is infringing is located on the Haitianmotion website, including, a URL of the specific location of the infringing material * Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address * 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. Haitianmotion's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent Haitianmotion notification@Haitianmotion.com 7 Registration and access 7.1 Registration In order to use many of the Website's features, you must setup an account using the online registration form. You are free to modify the personal data you provide on the form at any time. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your account at any time. Failure to fulfill the aforementioned obligations respecting user liability may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have. 7.2 Ability to Accept Terms & Conditions Children under the age of 13 are not permitted to register with Haitianmotion. It is Haitianmotion's policy not to collect any information from anyone under the age of 13. 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, do not use or access the Haitianmotion website at any time or in any manner. If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Haitianmotion, please send an e-mail to for instructions on how to cancel your child's registration. In the e-mail, please include your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your e-mail address and a signed statement that you are the child's parent or legal guardian. Haitianmotion reserves the right to seek additional information to verify your identity and status in relation to the child. Haitianmotion will use this information only to verify that you are the child's parent or legal guardian and for no other purposes. 8 Availability of the Website In principle, the Website may be accessed at any time, contingent to any scheduled or unscheduled maintenance interruptions or in the event of force majeure. We shall not be liable for damages of any kind resulting from Website unavailability. 9 Proof, retention and storage The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded, comments posted, and other activity within the site. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative. 10 Indemnification You agree and undertake to indemnify and hold harmless Haitianmotion, its officers, affiliates, directors, employees and agents from and against any claim, action and/or complaint by any third party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers' fees and court costs for which Haitianmotion may be held liable arising from (i) your submission of material to the Haitianmotion website or your violation of these terms of use; (ii) your use of the Website; (iii) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights. 11 Choice of Venue/Law You agree that Haitianmotion shall be deemed to be a passive website that is based solely in New York and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than New York. You agree that any dispute between you and Haitianmotion arising out of or relating in any way to this agreement or your use of the Haitianmotion website shall be interpreted in accord with the laws of the State of New York, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of New York. You also agree that any claim or dispute between you and Haitianmotion shall be decided exclusively by a court of competent jurisdiction located in New York. | 
