Terms of Use

VidYou! Terms of Use


VidYou! ("We", “Our” or “VidYou!”) provides a selection of films, series and other content (collectively, the “Content”), VidYou.me (the “VidYou! Site”), related domains, mobile applications and television applications (collectively, the “VidYou! Service”). By using and accessing our VidYou! Service, you ("you", "user" or, "end user") agree to these Terms of Use (the "Terms of Use" or "Agreement").


Access to and use of certain portions of the VidYou! Service is password-protected and/or restricted to authorised users only. You may not attempt to obtain unauthorised access to any part of the VidYou! Service through any means not intentionally made available by us for your specific use.


ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY WHICH ARE PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING VidYou! SERVICE. ACCESSING ANY PART OF VidYou! SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM VidYou! SERVICE AND LEAVE IMMEDIATELY. You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.


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:



  1. 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;

  2. 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!Serviceare 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;

  3. 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;

  4. use the VidYou!Service in any manner that could damage, disable, overburden, or impair any part of VidYou!Serviceor interfere with any other party’s use of VidYou! Service;

  5. obtain or attempt to obtain any content through any means not intentionally made available or provided for through the VidYou!Service;

  6. impersonate or misrepresent your affiliation with someone else;

  7. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the VidYou!Service;

  8. collect personally identifiable information in violation of VidYou!’s privacy policy;

  9. harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

  10. post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the VidYou!Service; or

  11. use the VidYou!Service to advertise or perform any commercial solicitation.


Privacy Policy


Our Privacy Policy describes the information VidYou! collects when you and others use the VidYou! Service. It also describes how VidYou! uses any personal information you share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to Our use of your personal information in accordance with Our Privacy Policy. Please click here to review Our Privacy Policy.


Membership


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 authorised or not) of the username, password and email address. You are to notify VidYou! at admin@vidyou.me immediately if you have 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 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.


Display Name


The Site may include functionality which 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! cannot and does not: (a) warrant and/or confirm each user's purported identity; and (b) warrant that users have not misused their username(s) and/or password(s) or that users have complied, fully or otherwise, with the Terms of Use; and consequently, VidYou! cannot be held liable where there is a dispute or claim involving or relating to the identity of any users of VidYou! Service. Any risk of loss, damage or expense resulting from the use of VidYou! Service is also entirely at your own risk.


User Content


VidYou! shall be entitled and authorised 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, world-wide, royalty-free, irrevocable licence 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, keep VidYou! running, and to encourage personal responsibility for what you do on VidYou!.


Content is prohibited if it



  1. Is illegal

  2. Is pornography

  3. Encourages or incites violence

  4. Threatens, harasses, or bullies or encourages others to do so

  5. Is personal and confidential information

  6. 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! reserves the right, but shall not be obliged, to monitor, screen or otherwise control any activity or content on the VidYou! Service. VidYou!, in its sole and absolute discretion, may investigate any violation of this Terms of Use and may take any action it deems appropriate.


Moderation


VidYou! has a variety of ways of enforcing our rules, including, but not limited to



  1. Asking you nicely to knock it off

  2. Asking you less nicely

  3. Temporary or permanent suspension of accounts

  4. Removal of privileges from, or adding restrictions to, accounts

  5. Removal of content


Intellectual Property


The intellectual property rights in the VidYou! Service 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 trade marks, service marks, trade names and logos used and displayed on VidYou! Service (collectively the “Trade Marks”) are registered and/or unregistered trade marks 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 trade mark owner. The name of VidYou! may not be used in any way without the prior written permission of VidYou!.


Third-party Sites


The VidYou! Service may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does 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, in 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).


Indemnification


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 infringe 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:



  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. Adescription of the copyrighted work or other intellectual property that you claim has been infringed;

  3. Adescription of where the material that you claim is infringing is located on the site;

  4. Your address, telephone number, and email address;

  5. Astatement 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;

  6. Astatement 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.


Entire Agreement


This Agreement incorporates the following documents by reference: Privacy Policy


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.


Changes to Our Terms of Use


VidYou! reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time. Your continued use of the VidYou! Service after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.


Effective: May 21, 2018


Contacting Us


If there are any questions regarding this Agreement, you may contact us.