1. Your Acceptance
A. By using and/or visiting this website (collectively,
including all content and functionality available
through the Videosfoot.info domain name and any
country-specific domains or subdomains thereof, the
"Videosfoot Website", or "Website"), you signify
your agreement to (1) these terms and conditions (the
"Terms of Service"), (2)Videosfoot's privacy notice,
found at http://Videosfoot.info/privacy-policy.html
and incorporated here by reference, and also
incorporated here by reference("Agreement"). If you
do not agree to any of these terms, the Videosfoot
privacy notice, or the Community Guidelines, please
do not use the Videosfoot Website.
B. Although we may attempt to notify you when major
changes are made to these Terms of Service, you
should periodically review the most up-to-date
version http://www.Videosfoot.info//terms.html).
Videosfoot may, in its sole discretion, modify or
revise these Terms of Service and policies at any
time, and you agree to be bound by such
modifications or revisions. Nothing in this
Agreement shall be deemed to confer any third-party
rights or benefits.
2. Videosfoot Website
A. These Terms of Service apply to all users of the
Videosfoot Website, including users who are also
contributors of video content, information, and
other materials or services on the Website. The
Videosfoot Website includes all aspects of
Videosfoot, including but not limited to Videosfoot
channels, the Videosfoot "Embeddable Player" and the
Videosfoot "Uploader."
B. The Videosfoot Website may contain links to third
party websites that are not owned or controlled by
Videosfoot. Videosfoot has no control over, and
assumes no responsibility for, the content, privacy
policies, or practices of any third party websites.
In addition, Videosfoot will not and cannot censor
or edit the content of any third-party site. By
using the Website, you expressly relieve Videosfoot
from any and all liability arising from your use of
any third-party website.
C. Accordingly, we encourage you to be aware when
you leave the Videosfoot Website and to read the
terms and conditions and privacy policy of each
other website that you visit.
3. Videosfoot Accounts
A. In order to access some features of the Website,
you will have to create a Videosfoot account. You
may never use another's account without permission.
When creating your account, you must provide
accurate and complete information. You are solely
responsible for the activity that occurs on your
account, and you must keep your account password
secure. You must notify Videosfoot immediately of
any breach of security or unauthorized use of your
account.
B. Although Videosfoot will not be liable for your
losses caused by any unauthorized use of your
account, you may be liable for the losses of
Videosfoot or others due to such unauthorized use.
4. General Use of the Website—Permissions and
Restrictions
Videosfoot hereby grants you permission to access
and use the Website as set forth in these Terms of
Service, provided that:
A. You agree not to distribute in any medium any
part of the Website, including but not limited to
User Submissions (defined below), without
Videosfoot's prior written authorization.
B. You agree not to alter or modify any part of the
Website, including but not limited to Videosfoot's
Embeddable Player or any of its related
technologies.
C. You agree not to access User Submissions (defined
below) or Videosfoot Content through any technology
or means other than the video playback pages of the
Website itself, the Videosfoot Embeddable Player, or
other explicitly authorized means Videosfoot may
designate.
D. You agree not to use the Website, including the
Videosfoot Embeddable Player for any commercial use,
without the prior written authorization of
Videosfoot. Prohibited commercial uses include any
of the following actions taken without Videosfoot's
express approval:
* sale of access to the Website or its related
services (such as the Embeddable Player) on another
website;
* use of the Website or its related services (such
as the Embeddable Player), for the primary purpose
of gaining advertising or subscription revenue;
* the sale of advertising, on the Videosfoot website
or any third-party website, targeted to the content
of specific User Submissions or Videosfoot content;
E. Prohibited commercial uses do not include:
* uploading an original video to Videosfoot, or
maintaining an original channel on Videosfoot, to
promote your business or artistic enterprise;
* using the Embeddable Player to show Videosfoot
videos on an ad-enabled blog or website, provided
the primary purpose of using the Embeddable Player
is not to gain advertising revenue or compete with
Videosfoot;
* any use that Videosfoot expressly authorizes in
writing.
F. If you use the Videosfoot Embeddable Player on
your website, you must include a prominent link back
to the Videosfoot website on the pages containing
the Embeddable Player and you may not modify, build
upon, or block any portion of the Embeddable Player
in any way.
G. You agree not to use or launch any automated
system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the
Website in a manner that sends more request messages
to the Videosfoot servers in a given period of time
than a human can reasonably produce in the same
period by using a conventional on-line web browser.
Notwithstanding the foregoing, Videosfoot grants the
operators of public search engines permission to use
spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for
creating publicly available searchable indices of
the materials, but not caches or archives of such
materials. Videosfoot reserves the right to revoke
these exceptions either generally or in specific
cases. You agree not to collect or harvest any
personally identifiable information, including
account names, from the Website, nor to use the
communication systems provided by the Website (e.g.
comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to
their User Submissions.
H. In your use of the Website, you will otherwise
comply with the terms and conditions of these Terms
of Service, and all applicable local, national, and
international laws and regulations.
I. Videosfoot reserves the right to discontinue any
aspect of the Videosfoot Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the
following restrictions and conditions apply
specifically to your use of content on the
Videosfoot Website.
A. The content on the Videosfoot Website, except all
User Submissions (as defined below), including
without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"),
are owned by or licensed to Videosfoot, subject to
copyright and other intellectual property rights
under the law. Content on the Website is provided to
you AS IS for your information and personal use only
and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other
purposes whatsoever without the prior written
consent of the respective owners. Videosfoot
reserves all rights not expressly granted in and to
the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of
the Videosfoot Service; and
* for Streaming.
"Streaming" means a contemporaneous digital
transmission of an audiovisual work via the Internet
from the Videosfoot Service to a user's device in
such a manner that the data is intended for
real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by
the user. Accessing User Videos for any purpose or
in any manner other than Streaming is expressly
prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your
information and personal use solely as intended
through the normal functionality of the Videosfoot
Service. User Comments are made available "as is",
and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed,
downloaded, or otherwise exploited in any manner not
intended by the normal functionality of the
Videosfoot Service or otherwise as prohibited under
this Agreement.
D. You may access Videosfoot Content, User
Submissions and other content only as permitted
under this Agreement. Videosfoot reserves all rights
not expressly granted in and to the Videosfoot
Content and the Videosfoot Service.
E. You agree to not engage in the use, copying, or
distribution of any of the Content other than
expressly permitted herein, including any use,
copying, or distribution of User Submissions of
third parties obtained through the Website for any
commercial purposes.
F. You agree not to circumvent, disable or otherwise
interfere with security-related features of the
Videosfoot Website or features that prevent or
restrict use or copying of any Content or enforce
limitations on use of the Videosfoot Website or the
Content therein.
G. You understand that when using the Videosfoot
Website, you will be exposed to User Submissions
from a variety of sources, and that Videosfoot is
not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to
such User Submissions. You further understand and
acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies
you have or may have against Videosfoot with respect
thereto, and agree to indemnify and hold Videosfoot,
its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law
regarding all matters related to your use of the
site.
6. Your User Submissions and Conduct
A. As a Videosfoot account holder you may submit
video content ("User Videos") and textual content
("User Comments"). User Videos and User Comments are
collectively referred to as "User Submissions." You
understand that whether or not such User Submissions
are published, Videosfoot does not guarantee any
confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or
publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: you own
or have the necessary licenses, rights, consents,
and permissions to use and authorize Videosfoot to
use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the
User Submissions in the manner contemplated by the
Website and these Terms of Service.
C. For clarity, you retain all of your ownership
rights in your User Submissions. However, by
submitting User Submissions to Videosfoot, you
hereby grant Videosfoot a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User
Submissions in connection with the Videosfoot
Website and Videosfoot's (and its successors' and
affiliates') business, including without limitation
for promoting and redistributing part or all of the
Videosfoot Website (and derivative works thereof) in
any media formats and through any media channels.
You also hereby grant each user of the Videosfoot
Website a non-exclusive license to access your User
Submissions through the Website, and to use,
reproduce, distribute, display and perform such User
Submissions as permitted through the functionality
of the Website and under these Terms of Service. The
above licenses granted by you in User Videos
terminate within a commercially reasonable time
after you remove or delete your User Videos from the
Videosfoot Service. You understand and agree,
however, that Videosfoot may retain, but not
display, distribute, or perform, server copies of
User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments
are perpetual and irrevocable.
D. In connection with User Submissions, you further
agree that you will not submit material that is
copyrighted, protected by trade secret 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 their
rightful owner to post the material and to grant
Videosfoot all of the license rights granted herein.
E. Videosfoot does not endorse any User Submission
or any opinion, recommendation, or advice expressed
therein, and Videosfoot expressly disclaims any and
all liability in connection with User Submissions.
Videosfoot does not permit copyright infringing
activities and infringement of intellectual property
rights on its Website, and Videosfoot will remove
all Content and User Submissions if properly
notified that such Content or User Submission
infringes on another's intellectual property rights.
Videosfoot reserves the right to remove Content and
User Submissions without prior notice.
7. Account Termination Policy
A. Videosfoot will terminate a User's access to its
Website if, under appropriate circumstances, they
are determined to be a repeat infringer.
B. Videosfoot reserves the right to decide whether
Content or a User Submission is appropriate and
complies with these Terms of Service for violations
other than copyright infringement, such as, but not
limited to, pornography, discriminatory, obscene or
defamatory material. Videosfoot may remove such User
Submissions and/or terminate a User's access for
uploading such material in violation of these Terms
of Service at any time, without prior notice and at
its sole discretion.
8. Copyright Policy
A. Videosfoot operates a clear copyright policy in
relation to any User Submissions that are alleged to
infringe the copyright of a third party. Details of
that policy can be found here http://Videosfoot.info/dmca.html
B. In the case of user submissions, as part of
Videosfoot's copyright policy, Videosfoot will
terminate user access to the Website if a user has
been determined to be a repeat infringer. A repeat
infringer is a user who has been notified of
infringing activity more than twice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Videosfoot WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, Videosfoot, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND YOUR USE THEREOF. Videosfoot MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE ViDEOSFOOT WEBSITE. VIDEOSFOOT
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE Videosfoot
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND Videosfoot WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL Videosfoot, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
Videosfoot WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER
RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE
CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE
TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES
OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT
REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE
OPTION OF Videosfoot, OUR LIABILITY FOR BREACH OF
IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE
EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO
GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE
SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE
GOODS, (III) THE PAYMENT OF THE COST OF REPLACING
THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV)
THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE
BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE
SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF
HAVING THE SERVICES SUPPLIED AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT Videosfoot SHALL
NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Videosfoot
from its facilities in the United States of America.
Videosfoot makes no representations that the
Videosfoot Website is appropriate or available for
use in other locations. Those who access or use the
Videosfoot Website from other jurisdictions do so at
their own volition and are responsible for
compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless
Videosfoot, its parent corporation, officers,
directors, employees and agents, from and against
any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from:
(i) your use of and access to the Videosfoot
Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third
party right, including without limitation any
copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused
damage to a third party. This defense and
indemnification obligation will survive these Terms
of Service and your use of the Videosfoot Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of
age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and
competent to enter into the terms, conditions,
obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service.
In any case, you affirm that you are over the age of
13, as the Videosfoot Website is not intended for
children under 13. If you are under 13 years of age,
then please do not use the Videosfoot Website—there
are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for
you.
13. Assignment
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or
assigned by you, but may be assigned by Videosfoot
without restriction.
14. General
You agree that: (i)These Terms of Service, together
with the Privacy Notice at
http://www.Videosfoot.info/privacy and any other
legal notices published by Videosfoot on the
Website, shall constitute the entire agreement
between you and Videosfoot concerning the Videosfoot
Website. If any provision of these Terms of Service
is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions
of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term,
and Videosfoot's failure to assert any right or
provision under these Terms of Service shall not
constitute a waiver of such right or provision.
Videosfoot reserves the right to amend these Terms
of Service at any time and without notice, and it is
your responsibility to review these Terms of Service
for any changes. Your use of the Videosfoot Website
following any amendment of these Terms of Service
will signify your assent to and acceptance of its
revised terms. YOU AND Videosfoot AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
Videosfoot WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
