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TERMS OF USE


QuickLinks: Terms of Service | DMCA Policy


BacktrackVideo.net operates this Site to provide online access to information about the company and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”



BacktrackVideo.net reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.


1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about BacktrackVideo.net's products and services.  Videos purchased on BackTrackVideo.net, from a seller-user and by a buyer-user, may be narrowly utilized commercially and strictly for business purposes, i.e. including attorney-client actions to prove liability, location, innocence, etc.; Broadcasting, uploading to publicly accessible sites (YouTube, etc.) and the like are prohibited without seller-user awareness and written acceptance that may include added compensation.  Videos uploaded and offered for sale to a buyer-user from a seller-user offer the buyer-user narrowly defined and limited commercial-use rights unless otherwise and previously agreed upon in writing by the seller-user and buyer-user.  Other than the default and limited rights granted to a buyer-user for video purchased from a seller-user, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise.  BacktrackVideo.net reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.  Except for customer service contact, disputes or other necessary transaction information, BacktrackVideo.net reserves the right to contact you occasionally via email with offers and promotions; you may opt out marketing emails at any time by contacting us at info@backtrackvideo.net or opting out in the marketing email sent to you.


2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BacktrackVideo.net or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BacktrackVideo.net or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BacktrackVideo.net, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.



Notice to copyright holders: if you believe copyrights have been violated via customer use of our site, please contact our DMCA agent at BacktrackVideo.net.  Use the contact information at the bottom of the website.


2.1 Sample Pictures

BacktrackVideo.net has included Sample Pictures on certain pages within the Site, to demonstrate the capability of certain products. You may download, reprint and manipulate the Sample Images for demonstration purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes. Please read through our Frequently Asked Questions.


3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.


4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BacktrackVideo.net of the third party, the third-party web site, or the information contained therein. BacktrackVideo.net is not responsible for the availability of any such web sites. BacktrackVideo.net is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of BacktrackVideo.net affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.


5. Linking to this Site

If you would like to link to the Site, you must follow BacktrackVideo.net’s link guidelines. Unless specifically authorized by BacktrackVideo.net, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.


6. Downloading Files

BacktrackVideo.net cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.


7. Software

Any software available for download via the Site is the copyrighted work of BacktrackVideo.net and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.


8. Disclaimer of Warranties

BacktrackVideo.net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BacktrackVideo.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BacktrackVideo.net DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BacktrackVideo.net DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


9. Limitation of Liability

IN NO EVENT WILL BacktrackVideo.net BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BacktrackVideo.net. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.



BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BacktrackVideo.net’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.


10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BacktrackVideo.net, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.


11. Privacy

Please see BacktrackVideo.net Privacy Policy.


12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.


13. Unsolicited Idea Submission Policy

BacktrackVideo.net or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should BacktrackVideo.net's business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to BacktrackVideo.net or anyone at BacktrackVideo.net. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of BacktrackVideo.net, without any compensation to you; (2) BacktrackVideo.net will have no obligation to return your idea to you or respond to you in any way; (3) BacktrackVideo.net will have no obligation to keep your idea confidential; and (4) BacktrackVideo.net may use your idea for any purpose whatsoever, including giving your idea to others.



However, BacktrackVideo.net does welcome feedback regarding many areas of BacktrackVideo.net’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.


14. User Supplied Information

BacktrackVideo.net does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give BacktrackVideo.net the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.


15. Password Security

If you register to become a BacktrackVideo.net member, you are responsible for maintaining the confidentiality of your member identification and password information, if needed, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.


16. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BacktrackVideo.net of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BacktrackVideo.net therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BacktrackVideo.net does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.


c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, BacktrackVideo.net’s Privacy Policy, your use of the Site, any other BacktrackVideo.net web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Wisconsin, without regard to any conflict of laws provisions.


d.  In the event that informal efforts to resolve disputes are unsuccessful, all disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Wisconsin, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to binding arbitration in West Bend, Wisconsin before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Wisconsin. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.


e. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement.


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Terms of Service

1. Regarding your content submissions, you agree that you will NOT submit any content that:


A. are adult oriented or offensive;


B. infringes any trademark, copyright or other proprietary rights of any party;


C. are unlawful, harmful, abusive, or defamatory;


D. are to be used in unsolicited advertising, promotional materials, or spam; and/or


E. are illegal or in violation of any United States laws.


2. Regarding your content submissions, you affirm that:


A. you have the necessary licenses, rights, and permissions to use your content submission in the manner intended by BacktrackVideo.net and these Terms of Service;


B. for all content captured in, on or from non-public access-ways, places and areas you have the written consent and release of each identifiable person in your content submission to use their name or likeness to enable the use of your content submission in the manner intended by BacktrackVideo.net and these Terms of Service.


3. You retain all of your ownership rights to your content submissions. You grant free license and permission for the owners of BacktrackVideo.net to use and publish your content submissions in any media formats and through any media channels we see fit to achieve the goals of bringing Buyers and Sellers together for an exchange. Your submissions may be used as examples, but never sold.


4. BacktrackVideo.net reserves the right to remove user submitted content without prior notice and for any reason, including excessive bandwidth usage.


5. BacktrackVideo.net reserves the right to block users or websites from accessing BacktrackVideo.net without prior notice and for any reason.


6. You affirm that you are at least 18 years of age or possess legal parental consent to enter into and comply with these Terms of Service.


7. You will not copy or distribute any part of BacktrackVideo.net in any medium without our prior authorization.


8. You agree that the use of BacktrackVideo.net services is entirely at your own risk. The services offered by BacktrackVideo.net are provided on an "as-is" basis without warranties of any kind. BacktrackVideo.net makes no guarantee of availability of service.


9. You agree to indemnify and hold BacktrackVideo.net harmless from any liability, claims, damages and expenses, including attorneys fees, made by any third party due to or arising out of your use of BacktrackVideo.net.


10. Arbitration Clause: In the event that informal efforts to resolve disputes are unsuccessful, all disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Wisconsin, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to binding arbitration in West Bend, Wisconsin before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Wisconsin. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.


11. Your continued use of BacktrackVideo.net constitutes your agreement to these Terms of Service and any future revisions.


Please report any content that violates our Terms and Conditions to info@BacktrackVideo.net.


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Digital Millennium Copyright Act (DMCA) Policy

The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).  The DMCA also addresses a number of other significant copyright-related issues.  A memorandum briefly summarizing the DMCA may be found here. ("dmca.pdf," Copyright Office Summary, copyright.gov, December 1998).  (PDF may require software to review, not provided by BackTrackVideo, Inc.)


How to Submit your Complaint

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail:

  • The specific identification of copyrighted work claimed to have been infringed.
  • The specific identification of the material that should be removed or access to be disabled.
  • The specific identification that you are the owner, or authorized to act on behalf of the owner of the copyrighted work.
  • Your name, address, telephone number and email address.
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."  Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Washington County, Wisconsin if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • Your signature: typing your full name in a document will act as your digital signature.

The fastest way to get a response is to send an email to info@backtrackvideo.net.  You may include an attachment if you like but please also include a plain-text version of your letter in the body of your message.


If you must send your notice by physical mail, you can do so but it will take substantially longer for us to receive and respond to it.  Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail.  If you wish to mail us your notice, our physical address is listed below, at the bottom of this Policy.


The Designated Agent of BackTrackVideo, Inc. will review all valid complaints within ten (10) days of original DMCA notification.  If the Designated Agent of BackTrackVideo, Inc. notes a breach of copyright, a notification will be submitted to the owner or agent stating the expeditious take down procedure of infringing material, how the material has been removed or disabled and/or any other information regarding the specific copyright case.


How to Submit a Counter-Notification

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Backtrack Video, Inc. by providing the following information to the Designated Agent at the address below:

  • The specific URLs of material that BackTrackVideo, Inc. has removed or to which BackTrackVideo, Inc. has disabled access.
  • Your name, address, telephone number and email address.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Washington County, West Bend if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."  Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
  • Your signature: typing your full name in a document will act as your digital signature.

Upon receipt of a valid counter-identification, BackTrackVideo, Inc. will forward it to Notifying Party who submitted the original DMCA notification.  The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material.  If BackTrackVideo, Inc. does not receive any such notification within ten (10) days, we may restore the material to the Services.


Infringements of the DMCA

In the case of multiple infringements where copyrighted work has been reported, the Designated Agent, on behalf of BackTrackVideo, Inc., may seek to remove the individual(s) or agent(s) access to the site and review legal jurisdiction of a Federal District Court or judicial district in which the individual(s) or agent(s) address is located (or the federal district courts located in Washington County, West Bend).  This party or parties may be subject to liability for damages.


Designated Agent

BackTrackVideo, Inc.

1935 Stonebridge Rd

West Bend,  WI  53095

Attn: Copyright Agent

Phone: 808-404-6232

Email: info@backtrackvideo.net

Registration Number: DMCA-1030656

Alternate Name: backtrackvideo.net


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