VideoShare by videoBIO
END USER LICENSE AGREEMENT
Welcome to the VideoShare by videoBIO
mobile application (the “App”). The App is owned and operated by The Original
videoBIO Inc.. (“videoBIO,” “Company”, “we”, or “us”). We are making the App
and our video sharing and other mobile applications (“Apps”) (collectively, the
“Service”) available to you subject to the following terms and conditions of
service (the “Terms”). The Terms are a legal contract between you and VideoBIO
regarding your use of the Service (you and others using the Service will be
referred to as “Users”). As long as you comply with these Terms, you have the
right to download and install a copy of the Apps to your mobile device, and to
access and use the Service, for your own personal use. By accessing and using
the Service, you acknowledge that you have read, understood, and agree to be
bound by the Terms. If you do not agree to these Terms at any time, please do
not use the Service.
1. Applicable Terms and Policies
a. Guidelines. When using the Service, you will be subject to any additional
posted guidelines or rules applicable to specific services and features which
may be posted from time to time (the "Guidelines"). All such
Guidelines are hereby incorporated by reference into the Terms.
b. Privacy Policy. Please read our Privacy Policy at http://www.videoshareapp.com/privacy.html carefully
for details relating to what information and data we collect from you and other
Users, and how we use that information internally and disclose it to third
parties. Our Privacy Policy is incorporated into these Terms by reference.
c. Modifications. From time to time, we may modify the Terms. If we do so, we
will make the modified Terms available through the Service, and indicate the
date of the latest revision. We encourage you to review the Terms periodically
for changes. Your continued use of the Service after revised Terms have become
effective indicates that you have read, understood and agreed to the current
version of the Terms. If you do not agree with any changes to the Terms, you
must cease using the Service.
d. Users Must Be 13 or Older. If you are downloading the app on behalf of
yourself, you represent that you are the age of majority in your jurisdiction
and fully able and competent to enter into these Terms. If you are under 18,
you may use our App only with the involvement of a parent or guardian. In any
case, you affirm that you are 13 years of age or older, as the Service is not
intended for children under 13.
e. Advertisements. Our Service may, at some point, include advertisements,
which may be targeted to the content or information on the Service, queries
made through the Service, or from other information. The types and extent of
advertising on the Service are also subject to change over time. In
consideration for providing you the Service, you agree that we and our third
party providers and partners may place advertising on our Service or in
connection with the display of content or information on our Service.
2. Your Account
a. Account Information. In order to use some features of the Service, you will
have to create an account. When creating an account, you must provide true,
accurate, current, and complete information. You also must ensure that this
information is kept accurate and up-to-date at all times. You agree that we may
access, preserve and disclose your account information and Your Content if
required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to (a) comply with legal
process; (b) enforce the Terms; (c) respond to a claim that Your Content
violates the rights of third parties; (d) to respond if you contact us; or (e)
protect the rights, property or personal safety of the Company, Users and the
public.
b. Password. When you register you will be asked to provide a password. As you
will be responsible for all activities that occur under your password, you
should keep your password confidential. You are solely responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computers and mobile devices, and you agree to accept
responsibility for all activities that occur under your account or password. If
you have reason to believe that your account is no longer secure (for example,
in the event of a loss, theft or unauthorized disclosure or use of your account
ID or password), you should immediately notify us. You may be liable for the
losses incurred by us or others due to any unauthorized use of your account.
c. Prohibitions. When creating an account, you may not: (a) provide any false
personal information to us (including a false username) or create any account
for anyone other than yourself without such other person's permission; (b) use
a username that is the name of another person with the intent to impersonate
that person; (c) use a username that is subject to rights of another person
without appropriate authorization; or (d) use a username that is offensive,
vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or
terminate your account if any information provided during the registration
process or thereafter proves to be inaccurate, false or misleading or to
reclaim any username that you create through the Service that violates our
Terms.
d. Termination. You agree that we may terminate your account or use of the
Service at any time in our sole discretion, and you agree that we shall not be
liable to you or any third party for any such termination. If we terminate your
access to the Service, your Content will no longer be accessible through your
account, but such Content may persist and appear within the Service (e.g. if
your Content has been shared or re-shared).
3. Your Content
a. General. These Terms apply to videos and other content submitted by you
(“Your Content”) and by other Users (“User Content”). You shall be solely
responsible for Your Content and assume all risks associated with sharing Your
Content through the Service. By submitting Content to the Service, you grant us
the right and license to use and distribute your Content, subject to the terms
of our Privacy Policy. You retain any and all rights to Your Content and are
responsible for protecting those rights.
b. Representations and Warranties Regarding Your Content. You represent and
warrant that: (a) you own Your Content or you have the right to use it and
grant us the rights and license as provided in these Terms, and (b) the sharing
of your Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person.
c. Prohibitions. When submitting Content to or otherwise using the Service, you
agree not to: (a) submit material that violates a third party’s proprietary
rights, including privacy and publicity rights, or that otherwise violates any
applicable law; (b) publish falsehoods or misrepresentations that could damage
us, our Users or any third party; (c) publish any private information of
someone, like their address, phone number, email address, and similar
information without their permission; (d) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate; (e) post advertisements; or (f) upload Content
that would be harmful to minors in any manner.
d. Our Right to Monitor, Edit and Remove Content. We don’t have an obligation
to monitor your use of the Service or to review any Content, but we do have the
right to monitor, remove, edit, and block Content or accounts containing
Content for the purpose of operating the Service, to ensure your compliance
with these Terms, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body. We reserve the
right, at any time and without prior notice, to remove or disable access to any
Content that we consider, in our sole discretion, to be in violation of these
Terms or otherwise harmful to the Service.
4. Our Proprietary Rights
a. Ownership. Our Service is protected by copyright, trademark, and other laws
of Canada, the United States and foreign countries. Except as expressly
provided in these Terms, we (or our licensors) exclusively own all right, title
and interest in and to the Service, including all associated intellectual
property rights. You may not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or
accompanying the Service, including in any Content. You acknowledge and agree
that any feedback, comments or suggestions you may provide regarding the
Service will be the sole and exclusive property of VideoBIO and you hereby
irrevocably assign to us all of your right, title and interest in and to the
foregoing.
b. Restrictions. You may not: (a) copy, modify or distribute the Service for
any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise
distribute the Service to any third party; (c) decompile, reverse-engineer,
disassemble, or create derivative works of the Service, or otherwise attempt to
discover the source code of the Service; (d) make the functionality of the
Service available to multiple users through any means; or (e) use the Service
in any unlawful manner, for any unlawful purpose, or in any manner inconsistent
with these Terms.
5. Restrictions
You agree not to (a) interfere with, damage, impair, or disable the Service’s
operation, by any means (whether through automated means or otherwise),
including uploading or otherwise disseminating viruses, worms, spyware, adware
or other malicious code; (b) make unsolicited offers, advertisements,
proposals, or send junk mail or spam to other Users, or use the Service for
commercial purposes; (c) use any robot, spider, scraper, or other automated means
to access the Service for any purpose without our express consent or bypass our
robot exclusion headers or similar measures; (d) remove, circumvent, disable,
damage or otherwise interfere with the Service’s security-related features,
features that prevent or restrict the use or copying of any part of the
Service, or features that enforce Service limitations; (e) attempt to gain
unauthorized access to the Service, other User accounts, computer systems or
networks connected to the Service through hacking, password mining, or any
other means; (f) deep-link to the Service, and you agree you will promptly
remove any links that Company finds objectionable in its sole discretion; (g)
send bulk emails, surveys, or other mass messaging, whether commercial in nature
or not; (h) solicit personal information from minors, or submit or transmit
pornography; (i) reformat or frame any portion of the Service; (k) 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 traffic demands of the Service; (l) impersonate another person
or represent yourself as affiliated with us, our staff or other industry
professionals; (m) solicit a User's password or other account information; or
(n) harvest User names, addresses, or email addresses for any purpose;.
6. Third Party Websites
The Service may contain links, information, and references to third party
products, services, and websites which we do not control or maintain (“Third
Party Sites”). Access to and use of any Third Party Sites is at your own
risk and we are not responsible for (a) the accuracy or reliability of
information on Third Party Sites, (b) the acts or omissions of the operators of
Third Party Sites (or their partners or affiliates), (c) any loss or damage
incurred in connection with the use of any Third Party Site, or (d) any
transaction you consummate in connection with your use or access of any Third
Party Site. We provide these links merely as a convenience, and the inclusion
of such links does not imply an endorsement. You should review any applicable
terms and policies of such Third Party Sites, since their terms and policies,
not ours, apply to your interactions with them.
7. Indemnification; Hold Harmless
You agree to defend (at our request), indemnify and hold harmless VideoBIO and
its employees, managers, officers and agents (collectively, the “VideoBIO
Parties”) from and against any claims, liabilities, damages, losses, and
expenses, including without limitation, reasonable attorney's fees and costs,
arising out of or in any way connected with any of the following (including as
a result of your direct activities on the Service or those conducted on your
behalf): (i) your Content or your access to or use of the Service; (ii) your
breach or alleged breach of these Terms of Use; (iii) your violation of any
third-party right, including without limitation, any intellectual property
right, publicity, confidentiality, property or privacy right; (iv) your
violation of any laws, rules, regulations, codes, statutes, ordinances or
orders of any governmental and quasi-governmental authorities, including,
without limitation, all regulatory, administrative and legislative authorities;
or (v) any misrepresentation made by you. You will cooperate as fully required
by the Company in the defense of any claim. We reserve the right to assume the
exclusive defense and control of any matter subject to indemnification by you,
and you will not in any event settle any claim without our prior written
consent.
8. Disclaimer of Warranties
a. Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE VIDEOBIO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE VIDEOBIO PARTIES DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO: (A) THE SERVICE; (B) THE VIDEOBIO
CONTENT; (C) USER OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO VIDEOBIO OR VIA THE SERVICE.
b. No Technical Warranties. THE VIDEOBIO PARTIES DO NOT REPRESENT OR WARRANT
THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE
CORRECTED, (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS
FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR
(D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE,
COMPLETE, OR USEFUL.
c. Certain Jurisdictions. THE VIDEOBIO PARTIES DO NOT WARRANT THAT YOUR USE OF
THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VIDEOBIO PARTIES
SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW
THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND
THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT
THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE
THE SERVICE.
9. Limitation of Liability; Waiver
a. No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL THE VIDEOBIO
PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE
AND ITS OPERATION; (B) THE VIDEOBIO CONTENT; (C) USER OR THIRD PARTY CONTENT;
(D) YOUR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH
AN INVESTIGATION BY THE VIDEOBIO PARTIES OR LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY DAMAGE TO ANY
USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (G) LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS,
DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. THE VIDEOBIO
PARTIES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF
FORESEEABLE OR EVEN IF THE VIDEOBIO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
b. State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
c. Monetary Limitation. IN NO EVENT WILL THE VIDEOBIO PARTIES’ TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED CANADIAN
DOLLARS ($100.00).
d. No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR
INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE VIDEOBIO PARTIES, THE
DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU
TO AN INJUNCTION OF ANY KIND.
e. Waiver of California Civil Code Section 1542. BY ACCESSING THE SERVICE, YOU
UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT
THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW
OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
f. Acts or Omissions of Third Parties. VIDEOBIO IS NOT RESPONSIBLE FOR THE
ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE VIDEOBIO
PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
10. Digital Milennium Copyright Act
a. Notification of Infringement. It is our policy to respond to clear notices
of alleged copyright infringement that comply with the Digital Millennium
Copyright Act (“DMCA”). In addition, we will promptly terminate without notice
accounts of those determined to be "repeat infringers". If you are a
copyright owner or an agent thereof, and believe that any User Content or Third
Party Content infringes upon your copyrights, you may submit a notification
pursuant to the DMCA by providing our Copyright Agent designated below with the
following information in writing (see 17 U.S.C § 512(c)(3) or consult your own
legal counsel to confirm these requirements): (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the
Service are covered by a single notification, a representative list of such
works from the Service; (c) identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (d) information reasonably
sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted; (e) a statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and (f) a
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. Upon removing
any allegedly infringing material, we will notify the alleged infringer of such
takedown. Please note that under Section 512(f) of the DMCA, any person who
knowingly materially misrepresents that material or activity is infringing may
be subject to liability.
b. Designated Copyright Agent. You can contact our Copyright Agent via email at
info@videobio.com or by mail at Copyright Agent, c/o The
Original videoBIO Inc., 550 Queen Street East, Suite 350, Toronto, ON, M5A 1V2,
Canada
11. Miscellaneous
These Terms are the entire agreement between the parties on the subject matter
hereof. The heading references herein are for convenience purposes only, do not
constitute part of these Terms, and shall not limit or affect any provision
hereof. The relationship of the parties hereunder is that of independent
contractors, and these Terms will not be construed to imply that either party
is the agent, employee, or joint venturer of the other. In the event that any
provision of these Terms is held to be unenforceable, these Terms will continue
in full force and effect without said provision and will be interpreted to
reflect the original intent of the parties. These Terms will be governed by the
laws of Ontario, CANADA, without regard to its conflict of laws principles. The
parties consent to the personal and exclusive jurisdiction of the provincial
and federal courts in Toronto, Ontario, CANADA. You may not assign these Terms
without the prior written consent of Company, and any prohibited assignment
will be null and void. Waiver by either party of a breach of any provision of
these Terms or the failure by either party to exercise any right hereunder will
not operate or be construed as a waiver of any subsequent breach of that right
or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT
BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED. Last Updated: April 4, 2014