Access to and use of certain portions of the VidYou! Service is password-protected and/or restricted to authorized users only. You may not attempt to obtain unauthorized access to any part of the VidYou! Service through any means not intentionally made available by us for your specific use.
Access and Use of the VidYou! Service
Your License. VidYou! grants you a limited, non-exclusive license to access and use the VidYou! Service for your own personal, non-commercial purposes.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by VidYou! in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by VidYou! in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by VidYou!. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
Embedding a Video. Where VidYou! has incorporated an embed option in connection with Content on the VidYou! Service, you may embed videos using the VidYou! video player, provided you do not embed the VidYou! video player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to VidYou! (in VidYou!’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the VidYou! video player into any hardware or software application, even for non-commercial purposes. VidYou! reserves the right to prevent embedding to any website or other location that VidYou! finds inappropriate or objectionable (as determined by VidYou! in its sole discretion).
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Restriction of Use of the VidYou! Service
You agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the VidYou! Service;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the VidYou! Service; provided, however, that general-purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the VidYou! Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily identifiable agent;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
- use the VidYou! Service in any manner that could damage, disable, overburden, or impair any part of VidYou! Service or interfere with any other party’s use of VidYou! Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the VidYou! Service;
- impersonate or misrepresent your affiliation with someone else;
- remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the VidYou! Service;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the VidYou! Service; or
- use the VidYou! Service to advertise or perform any commercial solicitation.
You may access and use certain portions of VidYou! Service only if you register as a member by providing a username, password, and valid email address.
You shall not at any time disclose any username, password, or email address to any other party and you shall be responsible and liable for any disclosure or use (whether such use is authorized or not) of the username, password, and email address. You are to notify VidYou! at [email protected] immediately if you have a reason for suspecting that the confidentiality of any username, password, and/or email address has been compromised.
Any use of VidYou! Service and any information referable to your username, password, and email address shall be deemed to be the use of VidYou! Service by you and/or information transmitted by you. You agree that VidYou! shall be entitled to hold you solely responsible and liable in respect thereof as if the same were carried out, posted, or transmitted by you.
VidYou! may at any time in its sole and absolute discretion forthwith invalidate your username and/or password without assigning any reason and without prior notice and shall not be liable or responsible for any loss or damage arising in connection with such invalidation.
The Site may include functionality that allows you to interact and communicate with other members of VidYou! or VidYou! itself. Where you access these features, your communications will be linked to an identifier (“Display Name”).
VidYou! shall be entitled and authorized to represent on or through VidYou! Service that any information and/or other materials submitted by you for inclusion and/or posting through VidYou! Service (“User Content”) are from you, by the use of the Display Name. You acknowledge that other users may act upon, rely on, or regard such User Content as if they were carried out, posted, or transmitted by you. VidYou! take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to VidYou!.
You warrant and represent that you have the right and authority to submit your User Content and that your User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party. You hereby grant to VidYou! a non-exclusive, worldwide, royalty-free, irrevocable license and right to host, transmit, distribute or use the User Content in connection with the VidYou! Service and for third-party marketing purposes.
You also agree to follow the following content guidelines when submitting your User Content. These guidelines are intended to keep people safe, protect kids, and keep VidYou! running, and to encourage personal responsibility for what you do on VidYou!.
Content is prohibited if it
- Is illegal
- Is pornography
- Encourages or incites violence
- Threatens, harasses, or bullies or encourages others to do so
- Is personal and confidential information
- Impersonates someone in a misleading or deceptive manner
You may not post any graphics, text, photographs, images, video, audio, or other material that we deem to be junk or spam. Cluttering VidYou! with this sort of content reduces the quality of experience for others.
VidYou! has a variety of ways of enforcing our rules, including, but not limited to
- Asking you nicely to knock it off
- Asking you less nicely
- Temporary or permanent suspension of accounts
- Removal of privileges from, or adding restrictions to, accounts
- Removal of content
The intellectual property rights in the VidYou! Services are owned, licensed to, or controlled by VidYou!, its licensors, or service providers. VidYou! aggressively enforces its intellectual property rights to the fullest extent of the law.
The trademarks, service marks, trade names, and logos used and displayed on VidYou! Service (collectively the “Trade Marks”) are registered and/or unregistered trademarks of VidYou!. Nothing on this Site should be construed as granting any license or right to download, reproduce or use any Trade Marks displayed on VidYou! Service, without the written permission of VidYou! or any other applicable trademark owner. The name of VidYou! may not be used in any way without the prior written permission of VidYou!.
The VidYou! Service may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by VidYou!.
The VidYou! Service may also contain third-party links posted by users like you. VidYou! is not responsible for the content or actions of any third-party websites or services associated with posted links.
Termination of Use
VidYou! shall have the right to immediately terminate or suspend, at its discretion, your access to all or part of the VidYou! Service with or without notice for any reason.
Warranty and Liability
THE VidYou! SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PART OF VidYou! SERVICE AND CONTENT, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VidYou! DOES NOT REPRESENT OR WARRANT THAT THE VidYou! SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
VidYou! SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE VidYou! SERVICE AND CONTENT, AND VidYou!’s TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO VidYou! OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
You agree to indemnify, defend, and hold harmless VidYou! and its officers, employees, shareholders, directors, and suppliers against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of VidYou! Service and the use or the inability of use of any Content, your failure to abide by any restriction regarding the use of any Content or any claim by a third party related to the use of any Content.
Notice and Procedure for Claims of Copyright Infringement
VidYou! reserve the right to remove any approved Content at any time if We believe it's defective, of poor quality, or infringes on any right. Serious copyright infringement issues caused by you will result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VidYou! the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Interpretation, Severability, Waiver, and Remedies
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by VidYou! in exercising any right hereunder will waive any further exercise of that right. Vimeo's rights and remedies hereunder are cumulative and not exclusive.
This Agreement constitutes the entire understanding between VidYou! and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Effective: May 21, 2018
If there are any questions regarding this Agreement, you may contact us.