Terms & Conditions
Please review these terms and conditions of use carefully before using
vidoo.stream and the
service available thereon.
This document states the terms and conditions (“Terms”) upon which "vidoo.stream”
(“we” or
“us”), will provide service to you through vidoo.stream and its related services (the
“Website”). These Terms
constitute a contractual agreement between you and us. By visiting, accessing, using, and/or
joining
(collectively “using”) the Website, you express your understanding and acceptance of these
Terms. As used in
this document, the terms “you” or “your” refers to you, any entity you represent, your or its
representatives,
successors, assigns and affiliates, and any of your or their devices. If you do not agree to be
bound by these
Terms, navigate away from the Website and cease using it.
1. Eligibility
You must be at least eighteen (18) years of age to use the Website, unless the age
of majority in
your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least
the age of
majority in your jurisdiction. You represent and warrant that you are at least the minimum age
as required by
the previous sentence. Use of the Website is further not permitted where prohibited and you
represent and
warrant that you are not otherwise prohibited to use the Website.
2. Grant of Use
We grant you a non-exclusive, non-transferable and limited right to access,
non-publicly display,
and otherwise use the Website, including all content available therein (the “Content”) on your
computer
consistent with these Terms and our technological restrictions.
This grant is terminable by us at will for any reason and at our sole discretion,
with or without
prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate
your account and
(ii) block your e-mail and/or IP addresses or otherwise terminate your use of the Website,
and/or (iii) remove
and/or delete any of your User Submissions (defined below). You agree not to use or attempt to
use the Website
after said termination. Upon termination, the grant of your right to use the Website shall
terminate, but all
other portions of these Terms shall survive. You acknowledge that we are not responsible to you
or any third
party for the termination of your grant of use.
You must create an account with us (an “Account”) to use many parts of the
Website. You represent
and warrant that all information that you provide to us in creating your Account is complete and
accurate. You
shall update such information when it changes or when we request. By creating an Account on
behalf of a company
or other entity, you represent and warrant that you have the authority and capacity to enter
into these Terms
and bind the entity on its behalf. You shall not use another person or entity’s Account without
authorization.
You shall be solely responsible for maintaining the confidentiality of and restricted access to
your Account.
You shall be solely responsible for all activities that occur under your Account. You shall
notify us
immediately of any breach of security or unauthorized use of your Account. Without limiting the
indemnification
and limitation of liability provisions hereof (or any other provisions hereof), we shall not be
liable for any
losses resulting from any unauthorized use of your Account and you shall indemnify us and hold
us harmless for
any such unauthorized use.
3. Intellectual Property
The Content, excluding User Submissions and Third Party Content (each as defined
below), but
including other text, graphical images, photographs, music, video, software, scripts and
trademarks, service
marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or
licensed to us.
All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws
of applicable
jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve
all our rights
over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish,
transmit,
distribute, participate in the transfer or sale of, create derivative works of, or in any other
way exploit, in
whole or in part, any Content.
4. User Submissions
You are entirely responsible for any and all materials you upload, submit or
otherwise make
available via the Website, including videos or any other communications or profile information
(collectively,
“User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any
disclosure of
personal information in User Submissions may make you personally identifiable and that we do not
guarantee any
confidentiality with respect to User Submissions.
You shall be solely responsible for any and all of your own User Submissions and
any and all
consequences of positing, uploading, publishing or otherwise making them available. For any of
your User
Submissions, you affirm, represent and/or warrant that:
(a) You own or have the necessary licenses, permissions, rights or consents to use
and authorize
us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User
Submissions for
any and all uses contemplated by the Website and these Terms;
(b) You will not post, or allow anyone else to post, any material that depicts any
individual
under the age of eighteen (18) years engaging in any sexual acts and that you have inspected and
are maintaining
written documentation, pursuant to United States law18 U.S.C. § 2257 (whether you are subject to
United States
law or not) and other analogous and applicable laws, to confirm that all individuals in your
User Submission
engaging in sexual acts are, in fact, over the age of eighteen (18) years; and
(c) You have written consent, release, and/or permission from each and every
identifiable
individual in the User Submission to use the name and/or likeness of each and every such
identifiable individual
to enable use of the User Submission for any and all uses contemplated by the Website and these
Terms.
You further agree that you shall not submit material that:
(d) Is copyrighted, protected by trade secret or trademark laws, or otherwise
subject to third
party proprietary rights, including privacy and publicity rights, unless you are the owner of
such rights or
have permission from the rightful owner to submit the material and to grant us all of the
license rights granted
herein;
(e) Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous,
harmful, harassing,
abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically
offensive,
inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
(f) Depicts illegal activities, promotes or depicts physical harm or injury
against any group or
individual, or promotes or depicts any act of cruelty to animals;
(g) Impersonates any person or entity or otherwise misrepresents you in any way,
including
creating a false identity;
(h) Would constitute, encourage or provide instructions for a criminal offense, a
violation of the
rights of any party, or that would otherwise create liability or violate any local, state,
national or
international law; or
(i) Is unsolicited or unauthorized advertising, promotion, “spam” or any other
form of
solicitation;
The above list is only a representative list of inappropriate content not allowed
on the Website
and we reserve the right to ban, remove and prohibit any other content we, in our sole
discretion, determine to
be inappropriate.
You acknowledge that the Website provides features that allow you to share User
Submissions with
others or to make them public. It is your sole responsibility to carefully consider what User
Submissions you
choose to share or make public. We take no responsibility whatsoever over your sharing or
distribution of User
Submissions.
We claim no ownership or control over User Submissions or Third Party Content. You
or a third
party licensor, as appropriate, retain all copyrights to User Submissions and you are
responsible for protecting
those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free,
perpetual,
non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display,
distribute, adapt,
modify, publish, translate and create derivative works of User Submissions for any purpose,
including without
limitation any purpose contemplated by the Website and these Terms. Furthermore, you also grant
other users of
the Website a right and license to display, stream and download User Submissions in connection
with their use of
the Website and for other personal use. You also irrevocably waive and cause to be waived
against us and any of
our users any claims and assertions of moral rights or attribution with respect to User
Submissions.
You represent and warrant that you have all the rights, power and authority
necessary to grant the
rights granted herein to User Submissions. Specifically, you represent and warrant that you own
the title to the
User Submissions, that you have the right to upload the User Submissions to the Website, and
that uploading the
User Submissions will not infringe upon any other party’s rights or your contractual obligations
to other
parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access to
any User Submission for any reason, or for no reason at all, with or without notice.
Without limiting the other indemnification provisions herein, you agree to defend
us against any
claim, demand, suit or proceeding made or brought against us by a third-party alleging that your
User
Submissions or your use of the Website in violation of these Terms infringes or misappropriates
the intellectual
property rights of a third-party or violates applicable law and you shall indemnify us for any
damages finally
awarded against and for reasonable attorney’s fees incurred by us in connection with any such
claim, demand,
suit or proceeding.
5. Prohibited Content
The following types of content are not allowed on the Services (“Prohibited
Content”):
(a) Content involving children (anyone under the age of 18) in a sexually
suggestive, violent, or
pornographic manner. We take child exploitation very seriously and will report you to the
authorities.
(b) Content that violates the privacy rights, publicity rights, copyrights,
trademark rights,
contract rights, or any other rights of any person or entity.
(c) We have the right, but not the obligation, to remove or modify User Content
for any reason,
including User Content that we believe constitutes Prohibited Content, or violates these Terms
or our policies.
If you post Prohibited Content, as decided in our sole discretion, we may ban you and report you
to the
authorities in appropriate circumstances.
6. Content on the Website
You understand and acknowledge that, when using the Website, you will be exposed
to Content from a
variety of sources including content made available on the Website by other users and through
automated or other
means (collectively, “Third Party Content”) and that we do not control and are not responsible
for any Third
Party Content. You understand and acknowledge that you may be exposed to Content that is
inaccurate, offensive,
indecent or otherwise objectionable or may cause harm to your computer systems and, without
limiting the other
limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or
equitable
rights or remedies you may have against us with respect thereto.
We claim no ownership or control over Third Party Content. Third parties retain
all rights to
Third Party Content and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever for
monitoring the
Website for inappropriate Content or conduct. If at any time we choose, in our sole discretion,
to monitor such
Content, we assume no responsibility for such Content, have no obligation to modify or remove
any such Content
(including User Submissions and Third Party Content), and assume no responsibility for the
conduct of others
submitting any such Content (including User Submissions and Third Party Content).
Without limiting the provisions below on limitations of liability and disclaimers
of warranties,
all Content (including User Submissions and Third Party Content) on the Website is provided to
you “AS-IS” for
your information and personal use only and you shall not use, copy, reproduce, distribute,
transmit, broadcast,
display, sell, license or otherwise exploit for any other purpose whatsoever that Content
without the prior
written consent of the respective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access to
any Content for any reason, or for no reason at all, with or without notice.
7. User Conduct
You represent and warrant that all the information and content provided by you to
us is accurate
and current and that you have all necessary rights, power and authority to (i) agree to these
Terms, (ii)
provide the User Submissions to us, and (iii) perform the acts required of you under these
Terms.
As a condition of your use of the Website:
(a) You agree not to use the Website for any unlawful purpose or in any way that
is prohibited by
these Terms;
(b) You agree to abide by all applicable local, state, national and international
laws and
regulations;
(c) You agree not to use the Website in any way that exposes us to criminal or
civil liability;
(d) You agree that you are solely responsible for all acts and omissions that
occur as a result of
your use of the Website;
(e) You agree that all your User Submissions that you provide to us belongs to you
and that you
have the right and authority to provide it to us;
(f) You agree to maintain the security of your login password and to be fully
responsible for any
and all use of your account;
(g) You agree not to use or attempt to use any other party’s account on the
Website without
authorization;
(h) You agree not to use any automated means, including robots, crawlers or data
mining tools, to
download, monitor or use data or Content from the Website;
(i) You agree not to use the Website to collect usernames and/or e-mail addresses
for sending
unsolicited messages of any kind;
(j) You agree not to take any action that imposes, or may impose, in our sole
discretion, an
unreasonable or disproportionately large load on our technology infrastructure or otherwise make
excessive
demands on it;
(k) You agree not to “stalk” or otherwise harass anyone on or through the Website;
(l) You agree not to forge headers or otherwise manipulate identifiers in order to
disguise the
origin of any information you transmit;
(m) You agree not to disable, circumvent, or otherwise interfere with security
related features of
the Website or features that prevent or restrict use or copying of any content or which enforce
limitations on
the use of the Website or the content therein;
(n) You agree not to upload, post, link to, or otherwise make available on the
Website any
material that contains software viruses or any computer code, file or program designed to
interrupt, destroy,
limit or monitor the functionality of any computer software or hardware or any
telecommunications equipment;
(o) You agree not to license, sublicense, sell, resell, transfer, assign,
distribute or otherwise
in any way commercially exploit or make available the Website or any Content to any third party;
(p) You agree not to “frame” or “mirror” the Website;
(q) You agree not to reverse engineer any portion of the Website;
(r) You agree not to link to the Website if we request that you not do so;
(s) You agree not to provide User Submissions in contravention of the restrictions
of Section 4
hereof; and
(t) You agree not to export, re-export, or permit downloads of any content in
violation of
applicable export or import laws without all required approvals, licenses and exemptions.
The above list is only a representative list of conduct prohibited on the Website,
and we reserve
the right to prohibit any other conduct we, in our sole discretion, determine to be
inappropriate.
We reserve the right to take appropriate action against any user for any
unauthorized use of the
Website, including civil, criminal and injunctive redress and the termination of any user’s use
of the Website.
We also reserve the right to report any suspected unauthorized use of the Website to law
enforcement officials,
regulators or third parties and to disclose any information necessary or appropriate to such
persons or entities
relating to you. Any use of the Website and our computer systems not authorized by these Terms
is a violation of
these Terms and certain international, foreign and domestic criminal and civil laws.
8. Alternative Access
We may, from time to time in our sole discretion, provide additional features and
functionality
that may allow you to access the Content other than through the Website (ie, through a desktop
application or
mobile application). Your use of such additional features and functionality shall be governed by
these Terms as
though you were using the Website.
9. Privacy Policy
We retain a separate Privacy Policy and your assent to these Terms also signifies
your assent to
the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such
amendments to
the Website. No other notification may be made to you about any amendments. Your continued use
of the Website
following such amendments will constitute your acceptance of such amendments, regardless of
whether you have
actually read them.
10. Copyright Claims
We respect the intellectual property rights of others. You may not infringe the
copyright,
trademark or other proprietary informational rights of any party. We may in our sole discretion
remove any
Content we have reason to believe violates any of the intellectual property rights of others and
may terminate
your use of the Website if you submit any such Content.
REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR
WHOSE MATERIAL WE
RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL
HAVE HIS GRANT OF
USE OF THE WEBSITE TERMINATED.
Although we are not subject to United States law, we voluntarily comply with the
Digital
Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if
you believe that
any of your copyrighted material is being infringed on the Website, we have designated an agent
to receive
notifications of claimed copyright infringement. Notifications should be e-mailed to
[email protected]
All notifications not relevant to us or ineffective under the law will receive no
response or
action thereupon. Pursuant to Title 17, Section 512(c)(3) of the United States Code, an
effective notification
of claimed infringement must be a written communication to our agent that includes substantially
the following:
(a) Identification of the copyrighted work that is believed to be infringed.
Please describe the
work and, where possible, include a copy or the location (e.g., a URL) of an authorized version
of the work;
(b) Identification of the material that is believed to be infringing and its
location. Please
describe the material and provide a URL or any other pertinent information that will allow us to
locate the
material on the Website;
(c) Information that will allow us to contact you, including your address,
telephone number and,
if available, your e-mail address;
(d) A statement that you have a good faith belief that the use of the material
complained of is
not authorized by you, your agent or the law;
(e) A statement that the information in the notification is accurate and that
under penalty of
perjury that you are the owner or are authorized to act on behalf of the owner of the work that
is allegedly
infringed; and
(f) A physical or electronic signature from the copyright holder or an authorized
representative.
For more details Copyright Policy.
11. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended
Terms to the
Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT
YOUR CONTINUED USE
OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS,
REGARDLESS OF
WHETHER YOU HAVE ACTUALLY READ THEM.
11. Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all third-party
claims and
expenses, including attorney’s fees, arising from your use of the Website or from your breach of
these Terms.
In the event that you have a dispute with one of more other users or any third
parties, you hereby
release us, our officers, employees, agents and successors-in-right from claims, demands and
damages (actual and
consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed,
arising out of or in any way related to such disputes and/or the Website.
12. Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT
PERMITTED UNDER
APPLICABLE LAW.
The Website may contain links to third-party websites which are independent of us.
We assume no
responsibility for the content, privacy policies, or practices of and make no representation or
warranty as to
the accuracy, completeness or authenticity of information contained in any third party websites.
We have no
right or ability to edit the content of any third party websites. You acknowledge that we shall
not be liable
for any and all liability arising from your use of any third party websites.
The Website is provided “AS-IS” and without any warranty or condition, express,
implied or
statutory. We specifically disclaim to the fullest extent any implied warranties of
merchantability, fitness for
a particular purpose, non-infringement, information accuracy, integration, interoperability or
quiet enjoyment.
We disclaim any warranties for viruses or other harmful components in connection with the
Website. Some
jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of
the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL,
SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING
FROM ANY ASPECT
OF YOUR USE OF THE WEBSITE. WHETHER SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO
USE THE
WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION,
MODIFICATION,
ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US.
THESE LIMITATIONS
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR
ADVERTISED IN
CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY. IN
SUCH
JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (ii) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR
USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION,
CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, OR (v) ANY
ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS
FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE
WEBSITE OR ANY OTHER
GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. IN NO CASE SHALL THE MAXIMUM
LIABILITY OF US
ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US PURSUANT
TO THESE TERMS.
14. Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of
action, or
dispute that may arise between you and us, are governed by the laws of Dominica without regard
to conflict of
law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE
PERSONAL AND
EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN DOMINICA.
15. General Terms
(a) These Terms, as amended from time to time, constitute the entire agreement
between you and us
and supersede all prior agreements between you and us and may not be modified without our
written consent.
(b) Our failure to enforce any provision of these Terms will not be construed as a
waiver of any
provision or right.
(c) If any part of these Terms is determined to be invalid or unenforceable
pursuant to applicable
law, then the invalid and unenforceable provision will be deemed superseded by a valid,
enforceable provision
that most closely matches the intent of the original provision and the remainder of the
agreement shall continue
in effect.
(d) Nothing herein is intended, nor will be deemed, to confer rights or remedies
upon any third
party.
(e) These Terms are not assignable, transferable or sub-licensable by you except
with our prior
written consent, but may be assigned or transferred by us without restriction.
(f) You agree that we may provide you with notices by e-mail, regular mail, or
postings to the
Website.
(g) The section titles in these Terms are for convenience only and have no legal
or contractual
effect.
(h) As used in these Terms, the term “including” is illustrative and not
limitative.