VideoInk Terms of Service
Effective April 1, 2013
1. Content on the Services
1.1.In General. Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of VideoInk, whether or not the authors are employees or contractors of VideoInk. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by VideoInk or any other party.
1.2.Ownership. The materials published and/or distributed on or through the Website, including without limitation news articles, photographs, images, illustrations, audio clips and video clips (collectively, the “Content”) is intended for your personal, noncommercial use only. Commercial use of any of the Content or the Services is strictly prohibited. The Services and the Content are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by VideoInk or the party credited as the copyright owner identified in the copyright notice in the Content. Except as set forth in Section 1.3 of these Terms, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the Content in whole or in part, without the express written consent of VideoInk or the identified copyright owner. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any VideoInk logo or proprietary graphic or trademark without VideoInk’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content. As between you and us, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in VideoInk and/or its content providers or licensors. VideoInk reserves any rights not expressly granted in these Terms.
1.3.Limited License. Subject to your strict compliance with these Terms, VideoInk grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in these Terms. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in VideoInk’s sole discretion, and without advance notice or liability.
1.4.User Obligations. You agree not to use the Services in a manner that is contrary to applicable law or regulation, or to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2. User Comments
2.1.Prohibited Actions. You are solely responsible for all information you post or submit to the Services, including without limitation any comments, forum messages, reviews, feedback, or ideas for new or improved products or services (“User Content”). You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic User Content; (B) post or transmit any User Content that would violate any intellectual property rights, rights of privacy or publicity, or proprietary rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; or (D) falsely purport to be an employee or agent of VideoInk.
2.2.VideoInk’s Exclusive Right to Manage User Content. You acknowledge that any User Content may be edited, removed, deleted, modified, published, transmitted, and displayed by VideoInk in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Content from the Services at any time, for any reason or for no reason at all.
2.3.VideoInk’s Disclaimer of Responsibility for User Content. Notwithstanding Section 2.2, VideoInk does not assume any responsibility or liability for any User Submissions and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions. You acknowledge that VideoInk shall not be responsible for controlling or editing any User Content, and VideoInk has no contractual obligation to remove inappropriate or unlawful User Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of User Content. VideoInk reserves the right to treat User Content as content stored at the direction of users for which VideoInk will not exercise control except to block or remove content that comes to VideoInk’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to VideoInk, or to enforce the rights of third parties or the content restrictions set forth below in these Terms when notice of their violation comes to VideoInk’s attention.
2.4.License to VideoInk of Your User Content. You hereby grant to VideoInk, and you agree to grant to VideoInk, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to VideoInk to your User Content, you also hereby grant to VideoInk, and agree to grant to VideoInk, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if your User Content are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against VideoInk for any alleged or actual infringement or misappropriation of any proprietary right in your User Content. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Content or any of the rights granted in this Section 2.4.
2.5.Non-Confidentiality of Your User Content. The Services are available to the public, and your User Content, along with information concerning your identity that you provide to VideoInk (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that VideoInk may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Content made by you.
3. Links to Third-Party Websites
4. Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on VideoInk infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify VideoInk in accordance with VideoInk’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at www.thevideoink.com/privacy-policy. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5. Operation of the Services
6. DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE SERVICES ARE PROVIDED BY VIDEOINK ON AN “AS IS” BASIS. VIDEOINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIDEOINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. VIDEOINK MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITE OR THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 6 AND OTHER TERMS OR PROVISIONS OF THESE TERMS, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER VIDEOINK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, INDEMNITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER OR NOT VIDEOINK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, VIDEOINK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED $50.
The Services are controlled and offered by VideoInk from its facilities in the United States of America. VideoInk makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. VIOLATIONS / INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VIDEOINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS BY YOU OR ANY USER CONTENT POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
9. Complete Agreement
10. Modifications to Terms
You agree that we may modify the terms of these Terms from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you of any material revisions or modifications to these Terms by placing a special notice on the Website, and may also (but are not required to) notify you by email. Your continued use of the Website or the Services following the posting of such revisions or modifications constitutes your acceptance of any such revisions or modifications. If you do not agree with these Terms, or any revised versions thereof, you may not use the Website or the Services.
We may terminate your access to all or any part of the Website or the Services at any time for any reason, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using the Website and the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If any portion of these Terms is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
VideoInk may deliver notice to you under these Terms by means of electronic mail, a general or specific notice on the Website, a communication to your VideoInk account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to VideoInk at any time via electronic mail to the following address: [email protected]
These Terms and your relationship with VideoInk under these Terms shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and VideoInk agree to submit to the exclusive jurisdiction of the courts located within the New York, New York to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that VideoInk shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms is not assignable, transferable or sub-licensable by you except with VideoInk’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind VideoInk in any respect whatsoever. The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of these Terms.