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SECTION 1: DESCRIPTION OF THE VIEWYNG SERVICE
1.1. Viewyng is an original, free video hosting website that enables users to access, view, upload, store, and share videos. The Viewyng Service is made up of the Viewyng website, the Viewyng video player that is embeddable onto any website, the Viewyng apps and web-apps as accessible via any current or future device capable of distributing the Viewyng website and/or the video player, and more generally any Viewyng products, content, channels, software, data feeds, services and functionality (“Viewyng Service”).
1.2. By accessing and/or using the Viewyng Service, without being logged into Viewyng Account, you will be hereinafter a “Visitor.” As a Visitor, you will only have the ability to access, view or share videos available on the Viewyng Service, but will not be able to benefit from all the other features available on the Viewyng Service. A “Viewyng Account” means the video content storage space on the Viewyng Service which is dedicated to a Viewer or a User Viewyng Service that can be created by signing up for a Viewyng Account via Viewyng.com
1.3. If You want to be able to upload videos and access some other features of the Viewyng Service, you will need to first create a Viewyng Account and have your email address validated. You will then be a “User”, being though agreed that after having created Your Viewyng Account and until You have validated Your email address according to the process defined below, you will be a “Viewer” and will not be able to upload videos or access the other features of the Viewyng Service.
1.4. Information provided by You to create Your Viewyng Account must be accurate and complete. In order for Viewyng to verify that the email address You provided is valid, you will receive an email from Viewyng asking You to validate Your email address.
1.5. By creating a Viewyng Account, you agree that You alone will be responsible (to Viewyng and to others) for all activity that occurs under Your Viewyng Account. The user id and password which are necessary to access the Viewyng Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.
1.6. If You are a User, you may notably upload video files (that must be compliant with these Terms) on the Viewyng Service, and have a nickname and an avatar that will be associated with Your Viewyng Account. Any and all elements posted by You on the Viewyng Service are deemed to be “Your Content.” If you are not a Partner, Your Content may be automatically set to “private mode” so that Your Content will only be available on the Viewyng website to individuals who have the URL link for Your Content, however You or any third party will still have the ability to embed Your Content on any website through Viewyng video player.
SECTION 2: ACCEPTANCE OF THESE TERMS
2.1. Whether You are a Visitor, a Viewer, a User or a Partner, either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Viewyng, including but not limited to the Viewyng privacy and cookie policies, as accessible at any time from the homepage of the Viewyng website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Viewyng Service if You do not accept any of the Terms. You understand and agree that Viewyng will treat Your use of the Viewyng Service as acceptance of the Terms from that point onward.
2.2. If you reside in a country of the European Economic Area, these Terms form a legally binding agreement between You and Viewyng US in relation to Your use of the Viewyng Service. Any reference to “Viewyng” in these Terms or any other policies of Viewyng will then always refer to “Viewyng US” whose details are provided here.
If you reside in a country that is not part of the European Economic Area, these Terms form a legally binding agreement between You and Viewyng Inc. in relation to Your use of the Viewyng Service. Any reference to “Viewyng” in these Terms or any other policies of Viewyng will then always refer to “Viewyng Inc.” whose details are provided here.
2.3. Viewyng may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Viewyng website. If You do not agree to the modified Terms, Your only recourse is to stop using the Viewyng Service. Your continued use of the Viewyng Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
2.4. You shall not use the Viewyng Service if (a) You are not of legal age to form a binding contract with Viewyng, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Viewyng Service under the laws of the country in which You are resident or from which You access or use the Viewyng Service.
2.5. If You are not an individual, You represent to Viewyng that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the Viewyng Service.
SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire period during which Your Content is hosted on the Viewyng Service, You grant to Viewyng, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Viewyng Service.
3.2. By making Your Content accessible on the Viewyng Service, You agree to allow any Visitors of the Viewyng Service , to view and to share Your Content through the Viewyng video player on or through any declination of the Viewyng Service, as accessible (online or offline) via any current or future device capable of distributing the Viewyng Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.
3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Viewyng shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Viewyng Service, which right is conditioned on Your compliance with the Terms.
4.2. The content (other than Your Content and other users' content) included on or accessible through the Viewyng Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Viewyng Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Viewyng Content”), is the exclusive property of Viewyng and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
4.3. Viewyng Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Viewyng or Viewyng licensors. You agree to not use or exploit the Viewyng Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Viewyng Content.
4.4. All rights not expressly granted in the Terms are reserved to Viewyng and its licencors.
SECTION 5: OUR LIABILITY AS HOST
5.1. In its capacity as a web hosting service provider, Viewyng is under no legal obligation to monitor content uploaded on the Viewyng Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Viewyng Service to any infringing content once having been notified of its existence.
5.2. You agree that Your use of the Viewyng Service shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Viewyng Service and more specifically for Your Content, and (ii) the protection of its computer hardware against any virus or interruption.
5.3. You acknowledge and agree that the Viewyng Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the Viewyng video player), on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that Viewyng may enhance, modify and update the Viewyng Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Viewyng Service.
5.4. Viewyng shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Viewyng Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Viewyng does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
5.5. Nothing herein shall exclude or limit Viewyng liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Viewyng shall not be liable for: (a) any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Viewyng Service; (ii) any changes which Viewyng may make to the Viewyng Service, or for any permanent or temporary cessation in the provision of the Viewyng Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Viewyng Service; (iv) Your failure to provide Viewyng with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.
5.6. The limitations on Viewyng liability defined in this section shall apply whether or not Viewyng has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement.
SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE VIEWYNG SERVICE AND ITS RELATED TECHNOLOGIES
6.1. In view of the user-driven nature of the Viewyng Service, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the Viewyng Service. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the Viewyng Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations.
6.2. By uploading or disseminating images, data, and/or text to or through the Viewyng Service, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Viewyng Service.
6.3. Viewyng reserves the right to decide in its sole discretion whether Your Content, Your Viewyng Account and/or Your use of the Viewyng Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your Viewyng Account being deactivated and/or (iii) your use of the embeddable Viewyng video player being blocked and/or (iv) any elements or data related to Your Content or to Your Viewyng Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Viewyng Service, without prior notice. In addition, Viewyng reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
6.4. Because the Viewyng Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Viewyng Service and then associated with your Viewyng Account and/or Your Content.
6.5. Moreover, You shall not (i) falsely increase the number of views, the impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
6.6. You also warrant that any website or applications on which You export Your Content and/or other users’ content through the embeddable Viewyng video player do not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. Moreover, You warrant that Your use of the embeddable Viewyng video player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the Viewyng Service or (iii) any unauthorized third party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Viewyng video player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Viewyng video player including but not limited to links back to the Viewyng website. By embedding Your Content and/or other user’s content through the embeddable Viewyng video player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
6.7. You agree not to alter or modify any part of the Viewyng Service (including but not limited to the Viewyng video player and its related technologies). You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security-related features of the Viewyng Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Viewyng Service or the content accessible via the Viewyng Service. You agree not to collect or harvest any personal data of any Visitor, Viewer, User or Partner of the Viewyng Service and to not use the Viewyng Service) for the solicitation of business in the course of trade or in connection with a commercial enterprise.
6.8. You agree not to use the Viewyng Service and any of its related technologies (including without restriction the Viewyng video player, the website, the app and the web app) for any commercial use unless You obtain Viewyng prior written approval, in particular any of the following uses: (i) the sale of access to the Viewyng Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Viewyng Service or content or Viewyng video player.
6.9. You agree not to access content hosted on the Viewyng Service for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Viewyng Service, and solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the Viewyng Service to a Visitor operated Internet enabled the device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Viewyng user’s content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, the user should made aware of this and should approve your request to use this content.