The following terms and conditions (the "Terms of Service") govern your access to and use of the Vidmy website ("Site"), any services provided by Vidmy through the Site ("Service") and any information, text, graphics, or other materials appearing on the Site or Service ("Content"). By accessing or using this Site, Content, or Service, you agree to be bound by these Terms of Service. We reserve the right to modify these Terms of Service from time to time. If this occurs, we will provide prominent notice of it on the Vidmy website. The revised terms will take effect when they are posted. You acknowledge and agree that if you use the Site and/or Service at any time after the Terms of Service have changed, such use will constitute acceptance of the updated Terms of Service.
The Vidmy site offers the ability to upload videos from multiple sources, record videos through your webcam, share personal videos with specific recipients via email addresses, post video or text responses, and add or remove recipient access to/from your videos. Services may be offered by Vidmy itself, or by a third party partner/service provider. Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through the Vidmy Site that were not made available as of the Last Updated date above shall automatically be deemed to be part of the Services when first made available through the Vidmy Site.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
If you are at least 13 but not yet 18 years of age: Please have your parents of legal guardian review these Terms of Service with you and discuss any questions you might have. Please have them give you their consent to use the service with both your and their full understanding of these Terms of Service. By using the Services, you are confirming that you and your parent or guardian have joined in this agreement.
Parents and Guardians: Please supervise your children's on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services. If you have any further questions about our Services please contact us. If you are the parent or guardian of a child under 13 and believe that he or she is using the Services, please contact us.
Parents and Guardians: please oversee your child's use of Vidmy. Vidmy facilitates the private sharing of user-generated-content. However, Vidmy assumes no responsibility for screening, filtering, or monitoring the content that is shared or viewed by its members, some of which may not be appropriate for children under age 18, and which may contain "R-rated" material, comprise nudity, violence or mature subject matter. Minors' parents or guardians shall be solely responsible for overseeing, screening, filtering, and/or monitoring their child's use of Vidmy and its Services. Vidmy assumes no responsibility for filtering or monitoring the content that is shared or viewed by its members; accordingly minor members' parents or guardians shall be solely responsible for filtering and/or monitoring their child's use of Vidmy and/or its Services.
Vidmy may, at any point in its sole discretion, add, modify, or stop certain services. We reserve the right, at any time, to: (a) modify or discontinue some or all of the Services, including, but not limited to (i) restricting the cumulative storage levels that users can keep in their Vidmy accounts, (ii) limiting the size or length of specific video uploads or streams, and (iii) suspending or terminating any user's right to use the Services, with or without notice; (b) present opportunities to some or all users of the Services (c) charge fees in connection with the use of all or part of the Services; and/or (d) alter any fees charged in connection with the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any alteration, suspension or termination of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOS will constitute your acceptance of such alterations, modifications, or changes.
You acknowledge that we may establish general practices and limits concerning access to and/or use of the Site, Content, and Service. The amount of storage space and bandwidth per member may be limited. Vidmy may change the amount of storage space and/or bandwidth allocated to members from time-to-time in its sole discretion. Some materials may not be stored, served, or processed due to space constraints, serving/bandwidth limitations or disruptions on the system(s). You agree that Vidmy is not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
Vidmy users can upload or stream video files and/or webcam recordings to the Site and Service. You retain ownership and copyright to Content that you submit for inclusion into the Service. However, for the purposes of operating the site and sharing your Content as you request, you hereby grant Vidmy a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Vidmy Website and Vidmy's (and its successors' and affiliates') business, in any media formats and through any media channels. Vidmy uses the foregoing license to operate the Vidmy site and will only use and display your Content in accordance with the guidelines posted therein, solely to the extent necessary. For purposes of clarity, Vidmy will not display your content to third parties or other users without obtaining your permission, and will not use your videos for any promotional or marketing purposes related to Vidmy or any other third party. The above licenses granted by you in Content terminate within a commercially reasonable time after you remove or delete your Content from the Vidmy Website. You understand and agree, however, that Vidmy may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. In any event, you will retain the ownership of and copyright to any Content that you have submitted for inclusion into the Service.
The inclusion of any link on the Site, Service or Content does not imply that we endorse, recommend or are affiliated with the linked organization or company, or the content, product or services on or available from the linked website. You acknowledge sole responsibility for and assume all risk arising from your access to and/or use of any such linked websites.
In order to use the Site or Service, you may be required to register with your full name and to select a password, as well as provide an email address and limited information about yourself. In such a case, you will provide us with complete, accurate and current information and will promptly update such information as necessary to ensure that it remains complete, accurate and current. We reserve the right to suspend or terminate your account if we determine (or have a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate or no longer current. If you are required to register, you will designate an email address and receive (or choose) a password. In such case, you will accept responsibility for any use of the Service under your account, email address and/or password. You will be responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.
We reserve the right to support the Service through the use of advertisements and promotions. In consideration of Vidmy granting you access to and use of the Service, you agree that Vidmy may place such advertising on the Service, including on pages consisting primarily of user-contributed content.
We respect the copyrights of others and expect Vidmy users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of the Vidmy Copyright Policy, which may be found by visiting the Vidmy copyright page and acknowledge that we will, in accordance with the Copyright Policy, terminate the account of any user who uses the Site or the Service repeatedly to infringe upon the intellectual property rights of others.
As a condition to your access and/or use of the Site, Content, or Service, you agree not to (and not to allow a third party to):
upload, post, email, transmit, link to, or otherwise make available any information, materials or other content that
is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, offensive, invades another's privacy, or promotes bigotry, racism, or hatred for or harm against any individual or group.
infringes another's rights, including any copyrights or other intellectual property rights.
is encrypted such that it is rendered inaccessible to other Vidmy users.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
contains unsolicited or unauthorized advertising, promotional materials, "junk mail," or "spam," or has any connection to any form of "adware," or "spyware".
you know to be false or misleading.
contains pornographic material.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service.
create any user account by automated means or under false pretenses.
reverse engineer, decompile or disassemble any of the software used to provide this Site, Content or Service.
interfere with or disrupt this Site, Content or Service, or any servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto.
use the Site, Content or Service to violate the security of any other computer network or attempt to access passwords or other security information under unauthorized, false or fraudulent pretenses.
obtain, collect, store or modify other people's User Information.
take any other action that imposes, based on our sole discretion, an unreasonable load on our IT infrastructure.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have no obligation to pre-screen or monitor your access to and/or use of the Site, Content or Service, but have the right to do so for the purpose of operating this Site, Content or Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any Content (or portions thereof) that violates these Terms of Service, that may cause liability to Vidmy or its affiliates, licensors or partners, or that is otherwise deemed objectionable by Vidmy.
Vidmy, its licensors, and its content providers (including users who contribute to the site) own all right, title and interest in and to the Content created on this Site and Service. This Site and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.
You may terminate or cancel your account at any time. If you violate these Terms of Service, your permission to access and/or use the Site, Content, and Service will automatically terminate. We reserve the right to discontinue providing or to change this Site or the Service at any time and without notice.
Vidmy, the Vidmy logo and all other Vidmy trademarks, service marks, product names, and trade names of Vidmy appearing on or in conjunction with the Site or Service are owned by Vidmy. All other trademarks, service marks, product names, and logos appearing on this Site are the property of their respective owners. Vidmy does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Site without the owner's prior written consent.
You and Vidmy are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
THIS SITE, CONTENT, AND SERVICE ARE PROVIDED "AS IS." Vidmy MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, CONTENT, AND SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THIS SITE, CONTENT, AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Vidmy DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Vidmy MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SITE, CONTENT, AND SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, CONTENT, AND SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Vidmy NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE, CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Vidmy HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Vidmy IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OF THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Vidmy WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO, DOWNLOADED FROM, STREAMED TO OR FROM, OR LINKED TO THROUGH THE SITE OR THROUGH THE SERVICE. ADDITIONALLY, You acknowledge and agree that Vidmy and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Vidmy. You acknowledge and agree that Vidmy and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the Vidmy Site or any third party licensors or suppliers of Vidmy. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Vidmy AND YOU.
You agree to defend, indemnify, and hold harmless Vidmy, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to and/or use of the Site, Content, or Service, or your violation of these Terms of Service, the Vidmy Licensing Policy, or the Vidmy Copyright Policy.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Vidmy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law rules or principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be that of state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts
These Terms of Service and the policies referenced herein are the entire and exclusive agreement between Vidmy and you regarding the Site, Content, and Service.