Viddler Terms and Conditions
Last Updated: May 20, 2013
1. Introduction and Summary of Viddler Terms and Conditions
A summary of some of the key points addressed in these Terms follows below. Please note that this is a summary only. While our Terms may change from time to time, you will always find the most recent version here.
Your videos are your own. Viddler claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.
You control who views your content. Viddler is designed to provide an environment and tools so that you can share your videos publicly with Viewers, with the world, with just yourself, or with your own friends and family. You are responsible for setting sharing permissions to control who can view, comment on your videos.
You are responsible for the content that you upload to Viddler. By submitting content to our site, you affirm that you own or have acquired all rights to your submission and content. You must not submit content to our site that is offensive, abusive, libelous or in violation of the laws in your jurisdiction or these Terms. Viddler reserves the right to reject or remove such content from the Website.
For legacy personal users only, the original source file you upload to Viddler will be kept for 30 days. When you upload a file to Viddler, this original file is converted into another file format, compatible with the Viddler player. For 30 days from the upload date, you will be able to download that original source file. We will make commercially reasonable efforts to make your videos which use the converted file format available while your account is active. (It's as if we were saving your negatives after printing your photos. You can still view your photos whether or not you keep the negatives.)
Legacy Personal use limitations. Personal users are limited to a maximum size of 500 megabytes per video and a maximum of 2 gigabytes of storage and bandwidth per month. To remove these limits, you must be a Viddler Client, which you may become by entering into a valid VHASA (sign up at Viddler Business Services), and you must remain current with any related charges and fees that Viddler may charge you for your use of paid services. You cannot exceed these limits without a VHASA. To register for any new account, you must agree to the VHASA. If you and Viddler enter into a VHASA and any provision in these Terms conflict with any provision in such contract, the provisions in the VHASA shall control as to the conflicting provision.
Viddler reserves the right to terminate your account if you do not comply with the Terms.
Age: You must be at least 13 years of age to sign-up for Viddler. See the Age/Ability to Accept Terms and Conditions section of this document for more details.
At Viddler, we are committed to providing quality services and an excellent experience in a professional environment for all our users. The Services are designed to be user-friendly and useful, and it is important to us that they remain a safe, friendly and trustworthy space to interact with us and other users. Accordingly, you agree that you will only use the Services in a manner consistent with their purpose and as described in these Terms and to conform your conduct to the rules on acceptable behavior set forth herein. You and all other users will be expected to comply with these Terms, to be polite and respectful, and to refrain from using the Services to engage in any prohibited conduct. You hereby agree to the following with regard to your use of the Services:
In order to access some features of the Services, you will have to create an account.
You shall provide accurate, true and current information as prompted during the account registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, videos or video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Content").
You represent and warrant that all User Content that you post to the Services shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
You shall not share your password with any other person or post it on this or any other website.
You shall notify Viddler immediately of any breach of security or unauthorized use of your account.
Although Viddler will not be liable for your losses caused by unauthorized use of your account, you may be liable for the losses incurred by Viddler or others due to unauthorized use.
You shall not use the Viddler Services for any illegal or unauthorized purpose.
You shall not attempt to hack, destabilize or adapt the Viddler Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with Viddler.
You shall not transmit worms, viruses or any code of a destructive nature to Viddler or its users.
You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service. Notwithstanding the foregoing, Viddler grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Viddler reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the Viddler Website or Service.
We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of Viddler Website and Service. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.
You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Website, Services and Software and for paying all charges related thereto.
Any comments, suggestions, or feedback relating to the Website, Services or Software (collectively "Feedback") submitted to Viddler shall become the property of Viddler or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You shall not abuse, harass, threaten, harm or impersonate other Viddler users or employees of Viddler or any of its Partners, at any time or for any reason.
"Partner" shall mean any person, entity or organization other than Clients with whom Viddler enters into any kind of business transaction relating to the Services or User Content. Neither Viddler nor any of its Partners is responsible or liable for any unauthorized use of your account.
You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Viddler all of the license rights granted herein.
You shall not broadcast or send any form of advertising, mass communication or solicitation to any Viddler users.
You understand that when using the Viddler Website or Service, you may be exposed to User Content provided by other users and you agree that neither Viddler nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms or has engaged in unlawful behavior on the Viddler Website, please let us know. If you wish to distribute video for commercial purposes, please contact us.
3. Ownership and Grant of Rights
You retain any ownership rights to any User Content you upload to the Services. Viddler does not endorse any User Content or any opinion, recommendation, information or advice expressed therein, and Viddler expressly disclaims any and all liability in connection with User Content.
You are responsible for your own User Content on the Viddler Website and the consequences of posting or publishing it. By uploading User Content to the Viddler Website, you hereby represent and warrant that:
You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Services.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to Viddler and its Partners upon request;
Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Viddler.
You grant the rights hereunder whether or not your User Content is used by Viddler, any other Viddler users such as Viewers, or Viddler's Partners. You acknowledge that your consideration for the rights you grant under these Terms in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of Viddler or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held "in confidence" by Viddler or its Partners. Viddler and its Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and Viddler and its Partners have no obligation to inform you of any decision to remove or not post such materials.
4. Viddler User Rights
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms. While Viddler prohibits offensive and unlawful conduct and content on its Website and Service, you understand and agree that neither Viddler nor its Partners is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the Viddler Services at your own risk.
You understand that User Content is made available to Viddler users on an AS-IS, AS-AVAILABLE basis. Neither Viddler nor its Partners guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. Viddler reserves the right to discontinue any aspect of the Viddler Website or Services at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
Viddler may provide you with an "Embeddable Player" feature to enable you to incorporate certain User Content hosted by the Services which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided that you include a prominent link back to the Viddler Website on all the pages containing the Embeddable Player. If you enter into a VHASA, you may use the Embeddable Player to incorporate such User Content into a commercial website. Viddler shall have no responsibility or liability for the User Content its users post to other websites, and the removal of such content is the sole responsibility of those other websites.
(a) License. Subject to these Terms, Viddler grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use the Software.
(b) Restrictions. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Viddler; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever; (iv) remove or alter any copyright and/or other proprietary notices contained on or in the Software; (v) use the Software for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes.
(c) Ownership. You have no ownership rights in the Software or any related documentation. You acknowledge that the Software, including the related documentation and any new releases, modifications, and enhancements thereto, belong to us and our licensors if any, including all intellectual property rights therein. Viddler and its licensors retain all right, title, and interest in and to the Software and any related documentation. You understand and agree that you shall gain no right, title, or interest in or to the Software by virtue of your Feedback and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Software (or any changes, modifications, or corrections thereto) by virtue of your Feedback, then you hereby irrevocably assign to Viddler all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against Viddler and hereby grant to Viddler an exclusive license, with right to sublicense through multiple tiers of sub licensees, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights. You further acknowledge that the Software, and any documentation and other information relating thereto include some of our valuable trade secrets or confidential information, and agree to treat the Software and such information as well as the terms of this Agreement as our confidential and proprietary information. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND THAT UNAUTHORIZED USE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY.
(d) Third Party Software. You understand and agree that portions of the Services may include third party software that may be subject to a separate license agreement (not this license), that we have no responsibility or liability to you with respect to such third party software, and you agree to comply with and be bound by such separate license agreement. Use of the Services may, in the future, require the installation of third party software which we may direct you to on our Services. This software is provided to you from the applicable third party and its use is subject to an end user license agreement with such third party and we will not be responsible for providing such third party software or its use.
(e) Certain Third Party Notices. Portions of the Software are Copyright © 2005 Thomas Fuchs (http://script.aculo.us, http://mir.aculo.us), © 2005 Sam Stephenson and/or other copyright holders (including for SWFObject) who have licensed such portions under the form of the MIT License. Permission is hereby granted, free of charge, to any person obtaining a copy of such portions and associated documentation files (the "MIT-Licensed Portions"), to deal in the MIT-Licensed Portions without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the MIT-Licensed Portions, and to permit persons to whom the MIT-Licensed Portions are furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the MIT-Licensed Portions. THE MIT-LICENSED PORTIONS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MIT-LICENSED PORTIONS OR THE USE OR OTHER DEALINGS IN THE MIT-LICENSED PORTIONS.
Viddler and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. Viddler may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Viddler's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send this information to:
520 Evans Street
Bethlehem, PA 18015
By email: firstname.lastname@example.org
The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Viddler Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Viddler, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Viddler Content on the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Viddler reserves all rights not expressly granted in and to the Services and the Viddler Content. You agree to not engage in the use, copying, or distribution of any of the Viddler Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Viddler Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Viddler website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Viddler website or the Content therein.
(a) Fees. Viddler charges fees for access to certain Viddler content and services and to portions of the existing Services (the "Fees"). In no event will you be charged Fees for access to any Viddler content or Services unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services. As a prerequisite to participating in any paid Services, a user must provide valid financial account information to Viddler. You are solely responsible for paying all Fees in a timely manner using a valid payment method, and you agree to indemnify and hold Viddler harmless from and against any claim arising out of your failure to do so.
If your payment method fails or your account is past due, we may suspend your account without notice if you are more than thirty (30) days past due with any payment obligation, and we may collect any owed Fees from you by using other collection methods. These may include, without limitation, charging other payment methods that you have on file with us and retaining collection agencies and legal counsel. Should legal action or the use of collection agencies be required in order to collect any amounts owed by you for your use of the Services, you agree to reimburse Viddler for any attorney's fees or costs incurred in connection with any such collection effort, and to pay interest at the rate of one-point-five percent (1.5%) per month on any unpaid and overdue amounts.
(b) Refunds. If you are not completely satisfied with our services during the first 30 days of your contract, and you notify Viddler in writing via e-mail at email@example.com within the first 30 days of your contract stating that you wish to terminate your contract, then a full refund of the initial contract fee will be granted (except that the following will not be refunded under any circumstances). Items excluded from the refund include: setup fees, storage costs, bandwidth overages, and any other overages. You will be notified by e-mail if your refund has been approved; Viddler will process your cancellation within 30 days after your notice of cancelation. If you have not received your refund after 30 days, please send an e-mail to firstname.lastname@example.org.
Setup fees are refundable ONLY if you've canceled the account prior to activation. This refund policy does not apply to any additional services such as, but not limited to, overages, storage space, add-ons, enterprise accounts (or other accounts for which a signed contract governs in lieu of the Viddler online Terms of Service), and any and all Professional or Consulting Services.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VIDDLER SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIDDLER, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER VIDDLER NOR ANY OF ITS PARTNERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S 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 THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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. NEITHER VIDDLER NOR ANY OF ITS PARTNERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDDLER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIDDLER AND ITS PARTNERS 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 SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL VIDDLER, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S 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 THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER VIDDLER NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS 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 Services are controlled and offered by Viddler from its facilities in the United States of America, and any User Content, including without limitation videos, that you upload or submit to the Services shall be stored by Viddler in its servers located in the United States. Viddler 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.
Without limiting the above, you hereby release, discharge and hold harmless Viddler and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your User Content, including without limitation any exploitation of your User Content, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).
You agree to defend, indemnify and hold harmless Viddler and its Partners, and each of their officers, directors, employees, and suppliers, 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 or in any way relating to: (i) your (or anyone using your account's) use of and access to the Services; (ii) your (or anyone using your account's) violation of any term of these Terms; (iii) your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right; or (iv) any claim that (or anyone using your account's) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Viddler Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Viddler or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Viddler and its Partners shall be the minimum permitted under such applicable law.
You acknowledge that Viddler may establish general practices and limits concerning use of the Services and may modify such practices and limits from time to time. Viddler may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Services with or without notice. Neither Viddler nor its Partners are under any obligation to preserve, provide access to or return to you any User Content. You agree that Viddler shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse access to the Services to anyone or to terminate a user's account for any reason at any time.
By using the Services, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Viddler Website is not intended for children under 13. If you are under 13 years of age, then you are prohibited from accessing or using the Viddler Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Viddler to any person or entity without restriction and without your or any other user's consent.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement or its performance shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The decision of the arbitrator shall be final, binding on the parties and not appealable. The arbitration shall be based on the submission of documents and there shall be no in-person or oral hearing. Judgment on the arbitration award may be entered and enforced in any court having jurisdiction thereof.