By downloading, installing, copying, accessing or using this website and/or our software products, you agree to the terms and conditions listed below. If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that, you have full authority to bind that person, company or legal entity to these terms.

1. GENERAL TERMS OF SERVICE

Welcome to Advanced Video Submitter. Before downloading and installing any of our products, or using any of our services provided to you by Advanced Video Submitter through the avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites, you must first read and agree with the terms and conditions listed below.

Products and services offered by “Advanced Video Submitter“ and the avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites, (hereinafter referred to as ”AVS”, “AVSubmitter” or “Advanced Video Submitter” ) are: AVS Adult (hereinafter referred to as “AVS Adult”, “Software”, “software”, “Product”, “product”, “Service”, “service”), AVS Tube (referred to as “AVS Tube”, “Software”, “software”, “Product”, “product”, “Service”, “service”), AVS Cloud (hereinafter referred to as “AVS Cloud”, “Product”, “product”, “Service, “service”, “Upload Service”) and Upload Pass (hereinafter referred to as, “Product”, “product”, “Service, “service”, “Upload Service”, “Mass Video Upload Service”, “Mass Video Submission Service”, “Video Submission Service”).

Your use of the “Product” is subject to these Terms of Service (hereinafter referred to as “TOS”, ToS”, “TC”, “T&C” or “EULA”). AVS reserves the right to update and change the TOS without any prior notification or acceptance by you. The TOS will also be applicable to the use of the Product or Service on a paid, free or trial basis. By using our Product or Service, you signify your irrevocable acceptance of this TOS.

The legal use of license is when any product and/or service from avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites or any other AVS website is lawfully purchased. The user is allowed to install and use a single copy of the product, only on a single personal computer, workstation, or server. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original downloaded copy of the product. No license, right or interest in any trademark, trade name or service mark of Advanced Video Submitter or any third party is granted under this license.

You agree that you have read and understood all of the terms and conditions below. You agree that you have not been forced in any way to receive any information supplied by AVS and agree to free AVS any liability caused from downloading, installing and using any of the products or following any instructions provided. You agree that the AVS is not liable for any damage, or inconvenience that may be caused by installing, using, downloading products, or following instructions provided by the constructors of this website and by the developer of all products and services offered on avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites or any other sites provided by AVS.

You agree that you will NOT distribute the information, and or data in the form of downloaded products provided by AVS for any purpose. You agree that any distribution without prior authorization will result in compensating the AVS the cost of one subscription per each party/person distributed to, whether sold or given away. You agree that AVS is in no way responsible for any technical support. You agree that the AVS is in no way liable for any income loss, by following the instructions provided in the product or on the AVS website. You agree that all products from AVS are the property of Advanced Video Submitter and will never be shared, distributed, in any forms whatsoever, without strict written prior permission from AVS.

2. DESCRIPTION OF PRODUCT(S) / SERVICE(S)

AVS products or services will upload your video(s) (referred to as “Content” or “Video”) to selected publisher websites illustrated on Advanced Video Submitter products and or website(s). A current list of available publishers is available in the AVS Product as well upon request. All video publishing is subject to the applicable terms and conditions of the chosen video publisher(s), and you agree to be bound by such terms and conditions. Those terms are available on the respective publisher(s) websites.

Advanced Video Submitter provides users with access to additional high-speed upload services (“AVS Cloud”). AVS Cloud will be subject to the terms and conditions of the AVS Cloud Services Addendum to these TOS.

Any new features that augment or enhance the current Product, including the release of new tools and resources, shall be subject to the TOS. In order to use our products, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You also understand and agree that the Product may include advertisements and that these advertisements are necessary for AVS to provide their product and/or service. You also understand and agree that our products and/or services may include certain communications from Advanced Video Submitter, such as service announcements, administrative messages and the AVS newsletter, and that these communications are considered part of your free, trial or paid membership. By using any AVS products and services that are provided to you as free (free of charge, without any payment due), as a trial (limited time) or upon the expiration of your paid license, you irrevocably agree to allow AVS to use your computer and/or server CPU time (process time) and processing power, which AVS can use as as deemed fit. You agree not to access AVS products by any means, other than through the interfaces that are provided by AVS for use in accessing the product or services.

3. AVS CLOUD UPLOAD SERVICE

For additional fees Advanced Video Submitter may provide users access to a high-speed upload/content distribution service (“AVS Cloud”), using AVS own operated and/or leased servers. In order to use the AVS Cloud upload service, the user must purchase “Token” packages from the Advanced Video Submitter website(s). The purchased tokens will be credited, to the users “User Account”. When transmitting/uploading Content using any of Advanced Video Submitter’s products and the Content is being transmitted/uploaded using Advanced Video Submitter AVS Cloud video distribution service, 1 (one) Upload Token will be deducted from the user’s account balance for each video being transmitted/uploaded using AVS Cloud services.

Each AVS Cloud service user will be granted 500MB of disk quota. Once the allocated quota has been exceeded, it is the user’s obligation to free up space, by deleting any previously uploaded videos. The uploaded Content is stored on our server(s), until the user decides to remove (deleted) the submit sessions from the AVS software, or until the user’s license has expired.

AVS Cloud is an additional video distribution service offered by Advanced Video Submitter and can be used ONLY with the “PREMIUM” version of either AVS Adult and/or AVS Tubes, for which the user is required to additionally purchase a license. AVS Cloud service is not available and cannot be used with FREE, TRIAL and PROFESSIONAL (PRO) versions of our products. Customers using the AVS Cloud upload service will share the service IP address with other AVS Cloud customers.

SUBMITTED CONTENT – Advanced Video Submitter hereby disclaims ownership of the Content you transmit via its products and/or services. By submitting Content to Advanced Video Submitter, in order to utilize the Product or Service, you grant AVS a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of transmitting the Content to the publisher(s) on your behalf and tracking said Content as described above.

This license exists only for as long as you continue to maintain an active User Account with Advanced Video Submitter and shall be terminated at the time your User Account is closed. You acknowledge that AVS does not pre-screens Content, but that AVS shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is being transmitted via its products and/or services. Without limiting the foregoing, Advanced Video Submitter reserves the right to refuse any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

4. SOFTWARE AND DATABASE

You agree that by using and purchasing any of our products and/or services, with included/remote database, you do not have ownership rights of the database. You are merely in a lease agreement with Advanced Video Submitter now and forever, and you are allowed to use any of our products database only while being an active subscribed member.

The database, which is part of AVS Adult and/or AVS Tube, or any other AVS product installation, remains exclusive ownership of Advanced Video Submitter, therefore any manipulation, use of database content, spread or back engineering is deemed as a gross violation the license agreement and TOS. AVS has the right for cancellation and termination of all agreements and contracts with a user or distributor. The database, which is a part of our products, should be used only with a purchase legal license and only for such a period, you have paid for or have been granted a trial or free legal license.

AVS reserves the right to update only the databases for the most recent versions of the products it offers and it agrees to provide to their users the possibility to upgrade the older versions to the most recent ones. The pre-paid right to database update which is included in the purchased license is automatically transferred to a new version when such new version is published.

5. USAGE POLICY AND REGISTRATION

In order to use any of our products or services, you must have a valid AVS User Account (“username and password”). In order to use AVS Adult, you truly declare that you are at least 18 years of age or older (21 years old in certain states and countries) and must have the legal right to view and/or possess adult materials in your community. You are responsible for maintaining the confidentiality of your AVS User Account, and are fully responsible for all activities that occur under your User Account. All AVS user accounts are non-exclusive and non-transferable.

You agree to (a) immediately notify Advanced Video Submitter of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AVS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. CONTENT, CONDUCT RULES AND OBLIGATIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which the content originated. This means that only YOU, and not Advanced Video Submitter, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via our products and services. Advanced Video Submitter does not control the Content posted/uploaded/transmitted via our products and service and as such, does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances, Advanced Video Submitter will be liable in any way for the uploaded/transmitted Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via AVS products and services.

You acknowledge that AVS does not pre-screens the Content, but that AVS shall have the right (but not the obligation) in its sole discretion to refuse and stop the Content being transmitted/uploaded via AVS products and services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You understand that the technical processing and transmission of our products and services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation of, but not limited to, the following terms, it will be in Advanced Video Submitter sole discretion as to what action should be taken.

You agree that you will not:

6.1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, e-mail, phone number, or any other contact information without the consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;

6.2. Harm minors in any way;

6.3. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.4. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;

6.5. Upload post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your Content by posting multiple submissions in public forums that are identical. Also defined as “spam” are any videos that a reasonable person would consider to be a fraud, such as cash gifting, multi-level marketing, or phishing. Further, “spam” can include any content that AVS deems not entertaining or informative;

6.6 upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

6.7. Interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product;

6.8. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the America Stock Exchange, or the NASDAQ, and any regulations having the force of law;

6.9. “Stalk” or otherwise harass another;

6.10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

6.11. offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorization, or (c) AVS determines, in its sole discretion, is inappropriate for sale through products and service provided by AVS;

6.12. Upload post or otherwise transmit commercially oriented content.

By agreeing to the TOS of Advanced Video Submitter, you are agreeing to the TOS of all the other websites, to which AVS products transmit/upload the Content. You have read and understood the respective TOS and its other restrictions or rules.

Advanced Video Submitter has a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Advanced Video Submitter. We shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography. If you are caught uploading any illegal content using Advanced Video Submitter products and/or service, your User Account will be immediately terminated , without any prior notice.

7. DIGITAL MILLENIUM COPYRIGHT ACT

Advanced Video Submitter does NOT host any Content for purposes of viewership, so any notices of purported copyright infringement should be directed to the appropriate publisher(s) who is hosting the purported infringing work in accordance with the Terms of Use of the applicable publisher(s).

8. INTERNATIONAL USE OF PRODUCT & SERVICES

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. RE-SALE OF PRODUCTS & SERVICES

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, use of the Product, or access to the Product and/or Services without the express permission of AVS.

10. AVS AFFILIATE PROGRAM

All webmasters participating in Advanced Video Submitter’s Affiliate Program must abide by the following terms and conditions:

10.1. Advanced Video Submitter has absolutely no tolerance for affiliates who use spam to advertise our products.

10.2 Do not use any misleading information about our products.

10.3. As an affiliate you are NOT allowed to purchase any of our products using your affiliate code.

10.4. We reserve the right to cancel an affiliate account, at any time without any previous notice. Upon violation of any of the rules listed above, we reserve the right to terminate your account and to retain all unpaid affiliate commissions.

11. INDEMNITY

You agree to indemnify, defend, and hold harmless Advanced Video Submitter and its subsidiaries, affiliates, officers, agents, co-branders, developers or other partners, investors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your transmitted/uploaded Content, your use of AVS products and services, your violation of the current TOS, or your violation of any rights of another, whether you are free, trial, paid registered user or not. The user is solely responsible for his or her actions when using our products and services.

You agree that if you share any products from avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites or any other sites provided by AVS you will be forced to compensate Advanced Video Submitter. You agree that sharing products downloaded from avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites or any other sites provided by AVS in any form, you are liable by law to pay a maximum fine of up to US $15000 per infringement.

You agree not to spread the AVS database, which is inseparable part of any of our software products and you are conscious of fact that all rights to these databases are held by AVS. You are aware that any manipulation, spread, use, re-engineering and re-distribution out of license range are deemed as a gross violation of license agreement and the TOS.

12. REFUNDS AND CHARGEBACK

You understand and agree that without any exception Advanced Video Submitter and the AVS website has a no refund policy. You are allowed to download and use our software products free of charge, before purchasing any of our software products.

You agree that any charge-back immediately voids any permission whatsoever to use the AVS products and their databases in any form. This includes using the software and database as a reference to create another database for either any AVS product or any other similar software or script now and forever. You agree that you cannot subscribe to the AVS product for purposes of download and use without being an active member of www.avsubmitter.com or any other sites provided by AVS.

You agree that if you chargeback or start any kind of payment dispute, you no longer have the permission to use any of the products downloaded or purchased from avsubmitter.com, advancedsubmitter.com, advancedvideosubmitter.com, avs.adult, uploadpass.com websites or any other sites provided by AVS, without the written permission of AVS. For breaching these terms, you are liable for fines determined by Advanced Video Submitter, which may amount up to US $15000.

You agree that any charge-back without a sufficient reason shall be determined, as suspicious activity, thus all details shall be included in a database, which will be available for public access to anyone wishing to obtain details on a person conducting suspicious activities.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AVS may establish general practices and limits concerning use of the Product and may modify such practices and limits from time to time.

14. MODIFICATIONS TO SERVICES

Advanced Video Submitter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the product and/or service (or any portion thereof) with or without any prior notice. You agree that Advanced Video Submitter shall not be liable to you or to any third party, in any way for any modification, suspension, or discontinuance of the products or services.

15. PROPRIETARY RIGHTS

You acknowledge and agree that the Product and any necessary software used in connection with the Product (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by AVS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or the Software, in whole or in part.

AVS does not want to receive confidential or proprietary information from you through the Product or by email. Unless otherwise agreed in writing by an authorized AVS representative, any material, information or idea you transmit to AVS by any means, may be disseminated or used by AVS without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. This provision shall not apply to Content (as defined herein), or to personal information that is subject to the AVS privacy policy.

16. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

16.1. Your use of the product is at your sole risk. The products are provided on an “as is” and “as available” basis. AVS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement.

16.2. AVS will make commercially reasonable efforts to maintain the products and services, however, AVS  is not responsible for any damage, loss of data, customer information or vendor data, revenue or other harm to business arising out of delays, miss-delivery or non-delivery of information or content, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the products, or other interaction with the products. You are responsible for maintaining and backing-up your data and information that may reside on the products. AVS does not warrant that (I) the products will meet your specific requirements, (ii) the product will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the products will be accurate or reliable, (iv) the quality of the products, services, information, or other material purchased or obtained by you through the products will meet your expectations, and (v) any errors in the software will be corrected

16.3. Any material downloaded or otherwise obtained through the use of the products is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

16.4. No advice or information, whether oral or written, obtained through or from the product shall create any warranty not expressly stated in the TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES (EVEN IF AVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF PRODUCREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

18. UNACCEPTABLE USE

You agree that you will not use AVS to conduct in spam, gambling, prostitution, and otherwise illicit acts. You agree to not have more than one free/trial account. If this is abused, the provision of free accounts will not be viable and possibly shut down. Anyone that we feel is using multiple free/trial accounts will have their accounts and possibly their IP’s blacklisted with or without warning

19. ADDITIONAL TERMS

Notices to you may be made via email or regular mail. The Product may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Product. The TOS and the relationship between you and AVS shall be governed by the laws of Romania without regard to its conflict of law provisions. The failure of AVS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS, and any addenda, constitute the entire agreement between you and AVS and govern your use of the Services, superseding any prior agreements between you and AVS (including, but not limited to, any prior versions of the TOS).

You may also be subject to additional terms and conditions from the various publishers utilized in the performance of the Product. If any provisions of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

You acknowledge that this terms and conditions, in no way shall be construed to provide an express or implied license to use, modify or improve any of the content of the Software, including without limitation, or any works, inventions, discoveries, technology or other items, which are the subject matter of AVS’s Proprietary Rights or otherwise to use or exploit the Software or the Proprietary Rights in any matter not expressly permitted herein.

You agree that the above terms and conditions (“TOS”) may be changed or altered at any time without prior notice.

You agree that you have read, understood and agreed with the above Terms of Service, before using the Advanced Video Submitter website(s) and/or any of Advanced Video Submitter products and/or services.

20. THIRD PARTY SOFTWARE COMPONENTS

Advanced Video Submitter products (AVS Adult and/or AVS Tube) incorporate third-party software components. The list of the third-party software components used in the Software are listed below:

Json.NET | Website: http://james.newtonking.com/
MPlayer | Website: http://www.mplayerhq.hu/design7/news.html
ObjectListView | Website: http://objectlistview.sourceforge.net/cs/index.html
OpenPop.NET | Website: http://hpop.sourceforge.net/
OpenSSL | Website: http://www.openssl.org/
QJson | Website: http://qjson.sourceforge.net/
QT / QT Library | Website: http://qt.nokia.com/ and http://qt.nokia.com/products/library/