Terms of Service

Terms of Service

Your use of the VuView Service implies your acceptance of these Terms of Use including the Prohibited Content Policy and the Data Protection Annexes below (with the Standard Contractual Clauses incorporated therein). We ask You to read them carefully.

Description of VuView Video Platform

1.1. VuView (“Company”, “we”, “us” or “our”), free video hosting website that enables users to access, view, upload, Import, store and share videos. VuView Service is made up of the VuView website, VuView video player that is embeddable onto any website (the “Video Player”), the VuView web-app as accessible (only online) via any current or future device capable of distributing the VuView website and/or the Video Player and more generally, any VuView products, content, channels, software, data feeds, services and functionality (“VuView Service”).

1.2. By accessing and/or using the VuView Service, without being logged into a VuView Account, You (“You” or “Your” as applicable) will be hereinafter a “Viewer. As a Viewer, You will only have the ability to access, view or share videos available on the VuView Service, but will not be able to benefit from all the other features available on the VuView Service. A “VuView Account” means the video content storage space on the VuView Service which is dedicated to a User (as defined below) on the VuView that can be created by signing up for a VuView Account via https://www.vuview.net.

1.3. If You want to be able to upload videos and access some other features of the VuView Service, You will need to first create a VuView Account and have Your email address validated (see Section 1.4.) at which point You will be a “User.” Note however that after having created Your VuView Account and until You have validated Your email address according to the process defined below, You will be an “Account Applicant” and will not be able to upload videos or access the other features of the VuView.

1.4. Information provided by You to create Your VuView Account must be accurate and complete. In order for VuView to verify that the email address You provided is valid, You will receive an email from VuView asking You to validate Your email address.

1.5. By creating a VuView Account, You agree that You alone will be responsible (to VuView and to others) for all activity that occurs under Your VuView Account. The user ID and password which are necessary to access Your VuView Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify VuView of any unauthorized use of Your User ID, password or any other breach of Your VuView Account security.

1.6. As a User, You will also have the ability to access some additional features from the VuView Service.

1.7.. If You are a User, You may notably upload video files (that must be compliant with the Terms) on the VuView Service. Any and all elements posted through Your VuView Account on the VuView Service are deemed to be “Your Content”.

1.8. As a User or a Partner, You are expected to be an active part of the VuView community. As such, You also acknowledge that if Your VuView Account remains inactive for a significant period of time, VuView reserves the right to delete, reclaim or remove Your VuView Account in its sole discretion with or without prior notice to You.

1.9. Any and all individuals or entities accessing the VuView Service may be referred hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).

1. Acceptance

2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity, ou signify Your express and unconditional agreement to (1) these terms of use including the Prohibited Content Policy and the Data Protection Appendixes below, and (2) all other policies of VuView, including but not limited to the VuView privacy and cookie policies, as accessible at any time from the homepage of the VuView website, and incorporated herein by reference (all collectively, the “Terms”). You may not use the VuView Service if You do not accept or cannot comply with any of the Terms. By using the VuView, You acknowledge that You have read and understood the Terms and agree that VuView will treat Your use of the VuView Service as acceptance of the Terms. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.

Permissions and Restrictions

2.2. You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show VuView videos through the embeddable VuView player.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from VuView and, if applicable, the respective rights holders; or (c) as permitted by applicable law;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;4

3. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed;

4. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);

5. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s followers, or otherwise manipulate metrics;

6. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

7. run contests on or through the Service that do not comply with VuView’s contest policies and guidelines;

8. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

9. use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on VuView policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where VuView videos are the only content of value).

2. Reservation

Any right not expressly granted to you in this Agreement remains the right of VuView or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

3. Develop, Improve and Update the Service

VuView is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.  If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

4. Your Content and Conduct

Uploading Content

If you have a VuView channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. 

Importing content

When you get a vuviev channel, you will have a feature that will allow you to import your content or other people's content from platforms such as: Youtube, Dailymotion, Vimeo and tiktok. Please note that the rightful owner of the content can ask our team to pull the video you have imported, this will not affect your account status. (The platform does not allow video to be imported more than once on the same channel and on different channels!)

Rights you Grant

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to VuView and other users of the Service, as described below.

Licence to VuView

By providing Content to the Service, you grant to VuView a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require VuView to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

5. Accounts

Registration

You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from VuView at this email address. You must keep your email address valid and current so that we are able to contact you.

Organizational Accounts

Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.

Age Requirements

You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old.  Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians

By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Team Members

Certain subscription plans may allow you to grant other users (“team members”) access to the account. Each team member must create an account with their own login credentials. You are responsible for the actions of your team members and must monitor their access and usage.

Account Security

You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

6. Acceptable Use Policy

We may allow you to create, upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. VuView may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. VuView may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

You may only upload content that you have the right to upload and share. Copyright owners may send VuView a takedown notice as stated in our Copyright Policy if they believe VuView is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit or promotes a sexual service;
  • Is defamatory;
  • Is harassing or abusive;
  • Contains hateful or discriminatory speech;
  • Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  • Depicts or encourages self-harm or suicide;
  • Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
  • Contains false or misleading information about voting or seeks to obstruct voting;
  • Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
  • Violates any applicable law.

Please see the VuView Guidelines for guidance on how we interpret these terms.

Code of Conduct

In using our Services, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others without their authorization;
  • Access another’s account except as permitted herein;
  • Act in a manner that would subject Vimeo to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
  • Cause or encourage others to do any of the above.

Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage our Services.

Accessibility and Ratings

We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.

We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.

7 Your Obligations

Representations and Warranties

For each piece of content that you submit to or through VuView, you represent and warrant that:

  • You have the right to submit the content to VuView and grant the licenses herein;
  • VuView will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • You have obtained appropriate releases (if necessary) from all persons who appear in the content;
  • The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
  • The content complies with this Agreement and all applicable laws.

Indemnification

You will indemnify, defend, and hold harmless VuView and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

8. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) VuView may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.

If you breach this Agreement, VuView may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If VuView deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Section 6.4 (Other Content; Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).

9. Disclaimers

VUVIEW PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VUVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, VuView makes no representations or warranties:

  • That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
  • That we will host, make available, or remove any specific piece of content;
  • Concerning any content submitted by or actions of our users;
  • That any geo-filtering or digital rights management solution that we might offer will be effective;
  • That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;
  • That our Services will meet your business or professional needs;
  • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
  • Concerning any third-party websites and resources.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) VIMEO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES,  INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VUVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;  AND (B) VUVIEW'S TOTAL LIABILITY TO YOU, EXCEPT FOR VUVIEW’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY),

11. Other Legal Terms

Warranty

We provide the Service with reasonable care and skill.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, VuView does not make any specific promises about the Service. For example, we don’t make any promises about:  the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law. To the extent permitted by applicable law, VuView and its Affiliates will not be responsible for: 

  • losses that were not caused by VuView or its Affiliates’ breach of this Agreement;
  • any loss or damage that was not, at the time that this Agreement was formed between you and VuView, a reasonably foreseeable consequence of VuView or its Affiliates breaching this Agreement; or
  • the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by VuView. VuView has no control over, and assumes no responsibility for, such websites and online services.  Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

12. About this Agreement

Changing this Agreement

We may change this Agreement, for example, to reflect changes to our Service or how we do busines - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

VuView may transfer all or part of this Agreement to an Affiliate or, if VuView is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).