Yidio Terms of Use <br> Welcome! You may use the Web sites, software, services and media
applications of Yidio provided that you agree to the following terms.<br>
<br>
BY ACCESSING, USING OR REGISTERING FOR Yidio, YOU ARE SIGNIFYING
ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.<br>
<br>
<b>1.
Please read these terms carefully.</b> These terms and any
supplemental terms posted on Yidio govern your use of Yidio (collectively,
the <b>"Agreement"</b> or <b>"Terms"</b> or
<b>"Terms of Service"</b>.
Yidio is provided by Yidio LLC
and its affiliates (collectively, <b>"we"</b> or
<b>"us"</b>).
IN THIS AGREEMENT, YOU ARE CONSENTING TO THE TERMS
OF OUR PRIVACY POLICY, YOU AGREE TO RECEIVE NOTICES AND TERMS
ELECTRONICALLY, AND YOU AGREE TO RESOLVE ANY DISPUTES WITH US IN
CALIFORNIA.
Do not use Yidio if you do not agree to these terms.
In this
Agreement, we use the term <b>"Content"</b> to mean text,
pictures, music, video, data and other content, and we use the term
<b>"you"</b> to mean you and any individual or entity that uses
or signs up for Yidio.<br>
<br>
<b>2.
We may modify this Agreement.</b> We may modify this
Agreement at any time.
You agree to review this Agreement periodically so
that you will be apprised of any changes and to check for any notices we
may provide regarding updates to the Agreement.
We post the latest version
of this Agreement located at
https://www.yidio.com/tos.
If you continue to use Yidio after we post or notify you about changes to
the Agreement, you signify your acceptance of the new terms.
If you
disagree with any changes to the terms, you must discontinue your use of
Yidio before the changes take effect.<br>
<br>
<b>3.
About the Service.</b> Yidio is a video search product
designed for personal, entertainment and informational purposes only.
Results shown on Yidio will include links to Content hosted and served
from third party websites.
Some Content and some of these sites may
contain materials that are objectionable, unlawful, or inaccurate.
By
providing access to the Content or these links do not mean that we endorse
the Content, these third party sites or services.
You acknowledge and
agree that we are not responsible or liable to you for any Content or
other materials hosted and served from these third party sites.
Yidio is a
consumer service and is not designed to be used in connection with your,
your employers' or contractors' commercial activities.
If you choose to do
so, it is entirely at your own, and your employer's or contractor's, risk.<br>
<br>
<b>4.
Children and Minors.</b> Yidio is intended for general
audiences.
Parents and guardians who permit their children to use Yidio
should supervise such access to Yidio by minors and are responsible for
ensuring that the Content is suitable for those children.
Such Content may
not specifically be intended to be accessed by children.<br>
<br>
<b>5.
Advertising.</b> You acknowledge and agree that Yidio is
supported by advertising, and you agree that such advertising may be
presented as part of the Yidio service.
Any dealings that you have with
advertisers found on Yidio are between you and the advertiser, and you
acknowledge and agree that we are not liable for any loss or claim you may
have against an advertiser.<br>
<br>
<b>6.
Registration.</b> We and our affiliates may provide
certain interactive or communications online services that may require you
to obtain log-in and password credentials (<b>"User IDs"</b>).
Registration for User IDs may be subject to separate terms and conditions,
which you understand and agree will govern your use of such User IDs when
you access Yidio.<br>
<br>
We will open a registered user account for you when you complete your
registration.
You will select (or we may assign to you) a Screen Name that
will be identified with your account.
You will also be able to select a
password to access your Screen Name.
Your Screen Name and password are
your credentials to give you access to the Services on Yidio.
You must
provide complete and accurate information about yourself.
You must be
legally competent to enter into contracts.
You agree to keep this
information up to date.
You may not have a Screen Name that is vulgar,
attempts to impersonate another person or violates the rights of others.
We also may reject any Screen Name that we determine in our discretion is
unacceptable for use on Yidio.<br>
<br>
<b>7.
Personal Information, Data Protection.</b> Our policy
statement regarding data collection and protection located at
https://www.yidio.com/privacy
(<b>"Privacy Policy"</b>) explains the practices that apply to
your information when you use Yidio.
Your ongoing use of Yidio signifies
your consent to the information practices disclosed in our Privacy Policy.
You consent to the transfer of this information to and within the United
States of America or such other countries as we may disclose from time to
time for processing and storage by us.
Additionally, you agree that we may
use your User ID to authenticate you on any service provided by us or our
affiliates.<br>
<br>
<b>8.
Your Responsibilities.</b> Yidio is for your personal use
only and you agree that you are responsible for your use of the site and for any posts you make.
You are responsible for all activities under your account, including
all legal liability incurred from the use of your account by you or
others.
You will use Yidio for lawful purposes only.
You agree that you
will not access or submit material or use Yidio or its Content, or otherwise engage in any
conduct that:<br>
<br>
<ul>
<li>
violates or infringes the rights of others including, without
limitation, patent, trademark, trade secret, copyright, publicity or
other proprietary rights.
</li>
<li>
is unlawful.
</li>
<li>
uses technology or other means to access Yidio or Content that is not
authorized by Yidio.
</li>
<li>
use or launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," to access Yidio or Content.
</li>
<li>
attempts to introduce viruses or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
</li>
<li>
attempts to gain unauthorized access to our computer network or user
accounts.
</li>
<li>
encourages conduct that would constitute a criminal offense, or that
gives rise to civil liability.
</li>
<li>
violates this Agreement, guidelines or any policy posted on Yidio.
</li>
<li>
attempts to damage, disable, overburden, or impair our servers or
networks.
or
</li>
<li>
interferes with any other party's use and enjoyment of Yidio.
</li>
</ul>
<br>
You agree that we may take any legal and technical remedies to enforce
this Agreement, including without limitation, immediate termination of
your account or access to any Yidio service if we believe in our
discretion you are violating this Agreement.<br>
<br>
<b>9.
No Spam.</b> You may not use Yidio to harvest information
about our users for the purpose of sending, or to facilitate the sending,
of unsolicited bulk communications.
You may not induce or allow others to
use Yidio to violate the terms of this section.
We may take any technical
remedies to prevent unsolicited bulk communications from entering,
utilizing or remaining within our computer or communications networks.<br>
<br>
<b>10.
Monitoring.
violations.</b> We have no duty to monitor or
pre-screen Content on Yidio.
We reserve the right to remove Content for
any reason, but we are not responsible for any failure or delay in
removing such material.
Violation of this may result in actions, without
warning, that range from removal of Content, to suspension of access, to
deletion of your User ID and account, to legal action in our sole
discretion.<br>
<br>
<b>11.
Proprietary Rights.</b> As between you and Yidio, Yidio,
its affiliates, parent, licensors, suppliers, and various Content owners,
own the property rights to Yidio and any Content offered through Yidio.
Yidio and the Content are protected by copyright, trademark, patent, trade
secret, international treaties, laws and other proprietary rights, and
also may have security components that protect digital information only as
authorized by Yidio or the owner of the Content.<br>
<br>
<b>12.
Our license to you.</b> We grant you a personal,
non-exclusive, non-transferable, limited and revocable license to use
Yidio subject to the terms of this Agreement.
You may not use Yidio in a
manner that exceeds the rights granted for your use of the service and its
Content.
Without limitation of the foregoing, you may not engage in
unauthorized copying or distribution of the Content or creating an
unauthorized derivative work.
You may not circumvent any mechanisms for
preventing the unauthorized reproduction or distribution of the Content or
Yidio service.
Your license terminates immediately upon cancellation or
termination of your Yidio or if we believe you are in violation of this
Agreement.<br>
<br>
<b>13.
Procedure for making claims of copyright
infringement.</b> We respect the intellectual property of others.
If you
believe that your work has been copied and is accessible on Yidio in a way
that constitutes copyright infringement, please follow the instructions on
how to contact us to report possible copyright infringement.
It should again be noted that Yidio does not host any content on its servers or network, it is simply a list of links to content that is available all over the internet on a large range of video hosting and broadcasting network sites.
Content owners must understand that by having a listing removed from Yidio they will not be removing the actual source video from the 3rd party site.
Content owners must contact the video hosting site themselves to request removal.<br>
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S.
Copyright Office website at http://lcweb.loc.gov/copyright/), Yidio will respond expeditiously to claims of copyright infringement that are reported to Yidio's designated copyright agent identified below.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Yidio by providing Yidio's designated copyright agent listed below with the following information:
<br>
1.
A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
<br>
2.
A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
<br>
3.
A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video.
To delete files from Yidio's index, Yidio requires an accurate means by which to identify potentially infringing files.
<br>
4.
Your address, telephone number, and email address.
<br>
5.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
and,
<br>
6.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
<br>
<br>
Yidio's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
copyright [at] yidio.com
<br>
<br>
YIDIO RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF YIDIO USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
<br>
<br>
<b>14.
Equipment and access.</b> You must provide at your own
expense the equipment and Internet connections that you will need to
access and use Yidio.
If you are accessing Yidio through a telephone line,
please call your local phone company to determine if the access numbers
you select are subject to long distance or other toll charges at your
location.
Also, if you elect to use your wireless applications (such as
cell phones, wifi connections) to use certain Yidio features, including
any Yidio mobile applications, your wireless carrier may charge standard
fees for alerts, text messaging (including receiving/sending instant
messages and e-mail), web browsing and other services that require the use
of airtime and wireless data services.
Check with your carrier to verify
whether there are any such fees that may apply to you.
You are solely
responsible for any costs you incur to access Yidio through any wireless
or other communications service.
If you register to use any Yidio mobile
applications, you agree that we may communicate with you regarding Yidio
by SMS, MMS, text message or other electronic means to your mobile device
and that certain information about your usage of the mobile services may
be communicated to us.<br>
<br>
<b>15.
Use of software.</b> If we may make software available
for you to download or use.
Such software will be subject to the terms of
the license agreement that accompanies it.
If there is no license
agreement presented to you with the software, then the terms in this
Section 15 shall govern your use of such software.
We grant you a
personal, non-exclusive, non-transferable, limited license to install the
software on any single computer.
The software is protected by copyright
and other intellectual property laws and treaties and is owned by us or
our suppliers.
You may not sell or redistribute the software.
You may not
incorporate it or any portion of it into another product.
You may not
reverse engineer, decompile, or disassemble the software or otherwise
attempt to derive the source code (except where expressly permitted by
law).
You may not modify, adapt, or create derivative works from the
software in any way or remove proprietary notices in the software.
You
agree to abide by all laws and regulations in effect regarding your use of
the software.
You may not authorize or assist any third party to do any of
the things prohibited in this section.
We may automatically check your
version of the software and update it to improve its performance and
capabilities.
If you shut down the software during an automatic update or
otherwise interfere with the installation of the update, the software may
be damaged and/or cease to operate.<br>
<br>
<b>16.
Payment.</b> For any products offered for a fee, you
agree to pay all charges for purchases that you make from us, including
all applicable taxes, fees and surcharges.
You agree to abide by any terms
that will apply to purchases or subscriptions.
You must select a payment
method to pay us for all charges.
If you use a credit card or other
electronic payment process, you must give us accurate billing and payment
information and keep this information up-to-date in the "My Account" or
"Billing" section of the applicable fee-based service.
We will bill you
through the payment method that is associated with your account.
If you
use a credit card or other electronic payment method, you authorize us to
charge your designated payment method for these charges and to retain
information about the payment method associated with your account.
If we
do not receive payment from your designated payment method, you agree to
pay all amounts due upon demand by us.
Each time you use a for-fee service
with Yidio, you reaffirm that (i) we are authorized to charge your
designated payment method.
(ii) we may submit charges incurred under your
account for payment.
and (iii) you will be responsible for such charges,
even if your account is canceled or terminated.<br>
<br>
<b>17.
DISCLAIMER OF WARRANTY.
AS IS.</b> WE PROVIDE YIDIO "AS
IS" AND WITH ALL FAULTS.
YOU ARE USING YIDIO AT YOUR OWN RISK.
WE, OUR
LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES THAT YIDIO IS FREE OF DEFECTS AND ABLE
TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY
OR SECURELY UPLOADED AND STORED ON YIDIO, OR THAT IT WILL MEET YOUR
REQUIREMENTS.
WE DISCLAIM THE IMPLIED WARRANTIES THAT YIDIO IS
MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
FURTHER, WE, OUR LICENSORS
AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF YIDIO IN TERMS OF ITS CORRECTNESS, ACCURACY,
PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT
CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.<br>
<br>
<b>18.
LIMITATION OF LIABILITY.</b> WE, OUR LICENSORS AND
DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF YIDIO.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR
PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS,
SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "YIDIO GROUP")
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE YIDIO, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA,
CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION.
YOUR SOLE REMEDY WITH
RESPECT TO ANY DISPUTE WITH US OR YIDIO IS TO CANCEL YOUR USE OF YIDIO.<br>
<br>
<b>19.
Termination.</b> We may cancel or suspend your access to
Yidio or your User ID account immediately, without notice, for any reason,
including without limitation, if there has been a violation of this or if
you have failed to pay any fees for purchases that you make from us.
Your
right to use Yidio will end once your services are cancelled or
terminated, and any data you have stored on Yidio, if any, may be
unavailable later.
If you have subscribed to any fee-based service, you
remain responsible for paying any amounts owed on your account at the time
your fee-based service and/or account is terminated or cancelled.
If you
are participating in any free promotional offer for accessing a fee-based
service, you must cancel such service before the end of the free trial
period to avoid incurring charges.
Certain fee-based services may require
cancellation charges, and you will pay all cancellation charges specified
to you at the time you register for the service.<br>
<br>
<b>20.
Indemnification.</b> Upon a request by us, you agree to
defend, indemnify, and hold harmless us and our parent and other
affiliated companies, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses, including attorney's
fees that arise from your use or misuse of Yidio arising out of the
contents you submit, e-mail, transmit or make available through Yidio,
your violation of these Terms of Service, or your violation of any rights
of another user of Yidio.
YOU RECOGNISE THAT IN MANY JURISDICTIONS,
PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS.
YOU
ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH
CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED.
We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.<br>
<br>
<b>21.
International use.</b> We make no representation that
Yidio is appropriate or available for use in the country, geographic area
or jurisdiction where you are located, and accessing Yidio from
territories where the Content accessed via the Yidio services may be
illegal or is prohibited.
You are responsible for compliance with local
laws when you access and use Yidio.<br>
<br>
<b>22.
U.S.
GOVERNMENT END-USERS.</b> Yidio and any software
products offered with Yidio are a "commercial item," as that term is
defined in 48 C.F.R.
2.101, consisting of "commercial software" and
"commercial computer documentation," as such terms are used in 48 C.F.R.
12.212 (Sept.
1995) and 48 C.F.R.
227.7202 (June 1995).
Consistent with 48
C.F.R.
12.212, 48 C.F.R.
27.405(b) (2) (June 1998) and 48 C.F.R.
227.7202,
all end users, including U.S.
Government end users acquire Yidio software
products with only those rights as set forth herein.<br>
<br>
<b>23.
Electronic transactions and notices.</b> You understand
and agree that Yidio is an online service and that we transact with our
customers electronically.
Your affirmative act of accessing and using
Yidio constitutes your acceptance to the terms of this Agreement.
This
Agreement shall have the same force and effect as an agreement in writing.
You further agree to receive all required notices ("Notices") from us
electronically.
WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE
E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE
DESIGNATED BY US FOR THIS PURPOSE.
The delivery of any Notice is effective
when sent or posted by us, regardless of whether you read the Notice or
actually receive delivery.
You can withdraw your consent to receive
Notices electronically by discontinuing your use of Yidio.<br>
<br>
<b>24.
Injunctive relief.</b> You acknowledge and agree that,
notwithstanding any other provisions of this Agreement, your breach or
threatened breach of this Agreement shall cause us irreparable damage for
which recovery of money damages would be inadequate and that we,
therefore, may obtain timely injunctive relief to protect its rights under
this Agreement in addition to any and all other remedies available at law
or in equity.<br>
<br>
<b>25.
No support.</b> We have no obligation to provide support
services for Yidio, although we may do so in our sole discretion.<br>
<br>
<b>26.
Jurisdiction.
Venue.</b> You agree that the laws of the
State of California, United States of America, govern this Agreement and
any claim or dispute that you may have against us, without regard to
California's conflict of laws rules, and that the United Nations
Convention on Contracts for the International Sale of Goods shall have no
applicability.
You further agree that any disputes or claims that you may
have against us will be resolved by a court located in the State of
California, and you agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim
or action.<br>
<br>
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING
CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN.
(2) IRREVOCABLY CONSENTING TO THE
EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE
STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US.
AND (3)
SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE
STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR
CLAIMS.<br>
<br>
<b>27.
Miscellaneous.</b> (a) This Agreement constitutes the
entire agreement between you and us concerning the subject matter of this
Agreement, which may only be modified by us.
(b) This Agreement shall not
be governed by the United Nations Convention on Contracts for the
International Sale of Goods.
(c) If any part of this Agreement is held
invalid or unenforceable, that part shall be construed to reflect the
parties' original intent as nearly as practicable, and the remaining
portions remain in full force and effect, or we may at its option instead
terminate this Agreement.
(d) The controlling language of this Agreement
is English.
If you have received a translation into another language, it
has been provided for your convenience only.
(e) A waiver by either party
of any term or condition of this Agreement or any breach thereof, in any
one instance, shall not waive such term or condition or any subsequent
breach thereof.
(f) You may not assign or otherwise transfer by operation
of law or otherwise this Agreement or any rights or obligations herein.
We
may assign this Agreement to any entity at its sole discretion.
(g) This
Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors and permitted assigns.
(h) Neither party shall
be in default or be liable for any delay, failure in performance or
interruption of service resulting directly or indirectly from any cause
beyond its reasonable control.
(i) Sections 7-11, 13, 14 and 17 through 28
shall survive expiration or termination of this Agreement.<br>
<br>
Last Updated: 27 October 2009