Terms of Service

Effective April 1, 2015

PLEASE READ THIS DOCUMENT CAREFULLY. VIDEOTAPE, LLC (“VIDEOTAPE”, “we” or “us”) offers an online video sharing and collaborative platform through its mobile application “VIDEOTAPE” (“the VIDEOTAPE Service”, “Service” or “Application”). These terms and conditions (the “Terms of Service”), apply to all users of the VIDEOTAPE Service, including users who are also contributors of content on the VIDEOTAPE Application. By using the Service you signify your agreement to these Terms of Service and VIDEOTAPE’S Privacy Policy found at http://videotape.co/info/privacy_policy (collectively, the “Agreement”). If you do not agree to any of these Terms of Service or Privacy Policy, please do not use the Service.

 

1. Eligibility

AGE REQUIREMENT: You must be at least 12 years old to use this Service. If you are at least 12, but are still a minor (depending on your State law), you must have your parent or legal guardian’s permission to use the VIDEOTAPE Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the VIDEOTAPE Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use. If your child is using the Service and is either under 12 or does not have your permission, please contact us immediately so that we can disable his or her access.

WARNING: Even if you are old enough to use the VIDEOTAPE Service and/or have your parent or guardian's permission, some of the content available within the VIDEOTAPE Service may not be appropriate for you. Some content may contain “R-rated” material, profanity, and mature subject matter. If you are under 18, do not view such content.

 

2. License to Use the VIDEOTAPE Service

VIDEOTAPE grants you a limited, non-exclusive license to access and use the VIDEOTAPE Service for your own personal, non-commercial purposes, and for no other purpose. This includes the right to view content available on the VIDEOTAPE Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

3. VIDEOTAPE Accounts

REGISTRATION: In order to access some features of the Service, you will have to create a VIDEOTAPE account (“Account”). When creating your Account, you must provide accurate and complete information.

ACCOUNT SECURITY: You are solely responsible for all activity that occurs under your Account, including any activity by unauthorized users. You must not allow others to use your Account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your Account after using the VIDEOTAPE services. If you become aware of an unauthorized access to your Account, you must change your password and notify us immediately. VIDEOTAPE will not be liable for any damage arising from your failure to comply with these requirements.

ACCOUNT DELETION: You may delete your Account at any time. Basic Accounts may be deleted from the VIDEOTAPE Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Upon termination, all licenses granted by VIDEOTAPE will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. VIDEOTAPE shall not be responsible for the loss of such content.

 

4. Your Use Of The Services

GENERAL USE OF THE SERVICE: You are solely responsible for your own use of the Services, for any content you post to the Services, and for any consequences thereof. “Content” includes, inter-alia, the videos, music, audiovisual combinations, interactive features and other materials you may view, upload, access through, or contribute to the Service.

 

YOUR PROVISION OF CONTENT:

The Content you submit, post, or display will be viewable by other users of the Services and potentially through third party services and websites. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
All Content is the sole responsibility of the person who created such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use of the Services is at your own risk.

You understand and agree that VIDEOTAPE may, but is not obligated to, review the application and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of VIDEOTAPE violates this Agreement, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others, including, without limitation, intellectual property rights. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Application or provide to VIDEOTAPE.

You retain your rights to any Content you submit, post or display, however, by submitting, posting or displaying Content on or through the Services, you agree to allow others to view, edit, modify and/or share your Content in accordance with your settings and this Agreement.

You further grant VIDEOTAPE a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and monetize any such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for VIDEOTAPE to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies who partner with VIDEOTAPE for the distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by VIDEOTAPE, or other companies, organizations or individuals who partner with VIDEOTAPE, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

VIDEOTAPE may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through your connected Twitter account, we will adapt your Content so that it can be attached to a Tweet in a Twitter card.

By posting any Content on the Service, you hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and preform such Content as permitted though the functionality of the Service and under this Agreement.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. VIDEOTAPE will not be responsible or liable for any use of your Content by you or any third parties. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or any other rights organization.

 

5. User Restrictions and Conduct

CONTENT RESTRICTIONS

You agree only to upload videos that you created or that you are specifically authorized to use. You may not upload, post, or transmit any video, image, text, audio recording, or other work that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Depicts animal cruelty or extreme violence towards animals;
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Promotes fraudulent schemes; or
  • Violates any law.
  •  

CODE OF CONDUCT

In using the VIDEOTAPE Service, you must behave in a civil and respectful manner at all times. VIDEOTAPE has the right to monitor all conduct on and content submitted by you to the VIDEOTAPE Service.

 

You hereby agree that you will NOT:

  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Publish or post content that is explicit violent or otherwise graphic content, such as explicit depictions of child abuse, animal abuse, or bodily harm
  • Publish or post content that is pornographic or sexually explicit;
  • Publish or post content that is intended to incite others to commit violence, or includes a direct and specific threat of violence to others;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Advertise or solicit others to purchase any product or service within the VIDEOTAPE Application (unless you have a written agreement with VIDEOTAPE);
  • Distribute "spam";
  • Collect information about others; or
  • Use other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization.

 

6. Account Termination Policy

Violations of the Terms of Use, or attempts to evade the letter or spirit of these Terms, may result in a warning notification or termination of your account. If your account is terminated you are prohibited from creating any new accounts. In your use of the Service, you will comply with all applicable laws. VIDEOTAPE reserves the right to decide whether Content violates these Terms of Service. VIDEOTAPE may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. VIDEOTAPE reserves the right to modify or discontinue any aspect of the Service at any time, in its sole discretion, without recourse.

 

7. No Endorsement

We do not endorse, represent, validate, condone or support any Content posted via the Services. Similarly, we do not endorse any opinions expressed via users of the Services. In using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will VIDEOTAPE be liable in any way for any Content.

 

8. Advertisements

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by VIDEOTAPE on the Services are subject to change. In consideration for VIDEOTAPE granting you access to and use of the Services, you agree that VIDEOTAPE and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

 

9. Third Party Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the content, products, or services on or available from such websites or resources, or the availability of such websites. Links to such websites or resources do not imply any endorsement by VIDEOTAPE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

10. Warranties and Disclaimers

USER WARRANTY

You represent and warrant that: (i) you are the creator of, and have the full right, title and interest in and to all Content, photos and other material that you provide to or post; (ii) such Content does not violate the rights of third parties, including intellectual property rights; (iii) the Content is free of viruses, worms, trojan horses and other malicious code; (iv) the Content does not defame, harass, annoy, ridicule, or otherwise malign.

 

VIDEOTAPE WARRANTY DISCLAIMER

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the VIDEOTAPE Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. VIDEOTAPE takes no responsibility and assumes no liability for any Content that you or any other user posts or sends over the Service. You shall be solely responsible for your own Content and the consequences of posting or publishing it, and you agree that VIDEOTAPE is only acting as a passive conduit for your online publication of your Content and VIDEOTAPE shall not be liable for any damages you may incur as a result of your use.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, VIDEOTAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VIDEOTAPE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. VIDEOTAPE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIDEOTAPE 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.

 

11. Limitation of Liability

IN NO EVENT SHALL VIDEOTAPE, 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) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL VIDEOTAPE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT PAID BY YOU TO VIDEOTAPE FOR YOUR USE OF THE SERVICES DURING THE PRECEDING TWELVE (12) MONTHS.

YOU SPECIFICALLY ACKNOWLEDGE THAT VIDEOTAPE SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by VIDEOTAPE from its facilities in the United States of America. VIDEOTAPE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

12. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VIDEOTAPE, 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 Services; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

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 VIDEOTAPE without restriction.

 

14. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. You and VIDEOTAPE each agree that any and all disputes or claims that have arisen or may arise between you and VIDEOTAPE relating in any way to, or arising out of this Agreement or your use of or access to VIDEOTAPE’S Services, shall be resolved exclusively through final and binding arbitration within the State of Texas. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

15. Revision of Terms

This Agreement may not be modified except by a revised Terms of Service posted by us. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we may notify you via email to the email associated with your account or through the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. A revised Terms of Service will be effective as of the date it is posted.

 

15. Entire Agreement

 These Terms, and our Privacy Policy are the entire and exclusive agreement between VIDEOTAPE and you regarding the Services and these Terms supersede and replace any prior agreements between VIDEOTAPE and you regarding the Services.