BY VISITING OR ACCESSING THIS WEBSITE (INCLUDING ALL CONTENT AVAILABLE ON VDOCITY™ DOMAIN NAME AND OTHER WEBSITES OWNED AND OPERATED BY VDOCITY INC., HEREBY KNOW AS "WEBSITE"), OR PRESENTING OR SUBMITTING INFORMATION TO THIS WEBSITE, YOU AGREE TO ALL THE TERMS OF USE AND PRIVACY STATEMENT OF VDOCITY™. ALL USERS WHO USES VDOCITY™ ARE ABIDING BY THE RULES, TERMS OF USE AND PRIVACY STATEMENT OF VDOCITY™. IF YOU DO NOT AGREE TO THESE RULES, TERMS OF USE AND THE PRIVACY STATEMENT PLEASE DO NOT USE THIS WEBSITE. The Website, sometimes, may contain links to third party websites that aren't owned or controlled by VDOCITY™. For this reason, it's important to note that the terms of use in this agreement apply to VDOCITY™ alone, i.e. any page that is physically housed on our servers and displays our domain in your browser's URL. We are not in control of actions that occur, once you've clicked away from our site. We remind you that it's always good Web surfing practice to check any website's terms of use before supplying any personal information. VDOCITY™, at any time, takes no responsibility for the content, privacy terms, or practices of any third party websites and is free from any or all liability arising from your usage of any third-party website.
VDOCITY™ hereby permits you to use this Website, only if: you use this Website solely for your personal use; you will not use any part of the Website without VDOCITY's prior written permission; you will not promote VDOCITY™ through unsolicited or unauthorized emailing (i.e. SPAMMING), newsgroup posting or any other method of mass communication, advertisements, chain letters, etc.; you will not broadcast any content which contains software viruses, or any other harmful files, computer code or programs; you will not interrupt servers or networks connected to the Website; you abide by these Terms of Use.
To access some of the features of the Website, you are required to create an account on the website. You should never use anyone's account without permission. You must provide accurate and complete information while creating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VDOCITY™ immediately of any breach of security or unauthorized access of your account. You will be liable for any use from your account or password and the losses of VDOCITY™ or others due to such illegal use. VDOCITY™ will not be liable for your losses, caused by any illegal use of your account.
You accept not to use or launch any automated system, including but not limited to, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the VDOCITY™ servers in a given period of time than a human can reasonably produce in the same period by using a predictable on-line web browser. VDOCITY™ awards the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VDOCITY™ 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 or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Submitted Videos. VDOCITY™ has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
The content on the Website, including all Submitted Videos, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to VDOCITY™. Content on the Website is provided to you for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without VDOCITY™'s prior written permission. VDOCITY™ reserves all the rights not expressly permitted in and to the Website. If you download or print a copy of the permission for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to avoid, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. The Website assists in the submission of videos or other Content by you and other users and the hosting and publishing of such Submitted Videos. You understand that whether or not such Submitted Videos are published. VDOCITY™ does not guarantee any confidentiality with respect to any Submitted Videos. VDOCITY™ has complete discretion whether to display your Submitted Video on the Website or not.
You shall be solely responsible for your own Submitted Videos and the consequences of posting or publishing them. You represent and guarantee that: you own or have the necessary rights and permissions to use and authorize VDOCITY™ to use all copyright, trademark or other proprietary rights in and to any Submitted Videos to enable inclusion and use thereof as contemplated by the Website and these Terms of Use; and you have the written consent and/or permission of each and every identifiable individual person in the Submitted Video to use their name or likeness as contemplated by the Website and these Terms of Use.
You retain all of your ownership rights in your Submitted Videos. However, by submitting the Submitted Videos to VDOCITY™, you hereby permit VDOCITY™, in addition to any other rights which it has pursuant to any other program established by VDOCITY™, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the Submitted Videos in connection with the Website and VDOCITY™'s (and its successor's) business, including without limitation to permit access to the Website to third parties to view the Submitted Video (and derivative works thereof). You may notify VDOCITY™ to remove the Submitted Videos from the Website, and VDOCITY™ will do so within a reasonable time period, at which point the foregoing license to VDOCITY™ will terminate other than with respect to usages by VDOCITY™ prior to such removal.
You also hereby permit each user of the Website or other viewer of the Submitted Video a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Videos, all for non-commercial and personal use. You agree that you will 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 Submitted Video and to permit VDOCITY™ all of the license rights permit herein; publish falsehoods or misrepresentations that could damage VDOCITY™ or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or misidentify yourself in submitting the Submitted Video or misstate your true identity. VDOCITY™ does not endorse any Submitted Video or any opinion, recommendation, or advice expressed therein, and VDOCITY™ expressly disclaims any and all liability in connection with Submitted Videos.
You understand that when using the Website, you will be exposed to Submitted Videos from a variety of sources, and that VDOCITY™ is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Videos. You may be exposed to Submitted Videos that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against VDOCITY™ with respect thereto, and agree to indemnify and hold VDOCITY™, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
VDOCITY™ respects the intellectual property rights of others, and requests you to do the same. VDOCITY™ does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and VDOCITY™ will remove all Content if properly notified that such Content infringes another's intellectual property rights. VDOCITY™ reserves the right to remove Content without prior notice. VDOCITY™ will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. VDOCITY™ may remove such Content and/or terminate a User's account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide VDOCITY™'s Copyright Agent the following information: User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed Please write to VDOCITY™'s for copyright issues at copyrightissues@VDOCITY.com
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VDOCITY™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VDOCITY™ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY MISTAKES OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 ON OR VIA THE WEBSITE. VDOCITY™ DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND VDOCITY™ 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.
IN NO EVENT SHALL VDOCITY™, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VDOCITY™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION..
YOU SPECIFICALLY ACKNOWLEDGE THAT VDOCITY™ SHALL NOT BE LIABLE FOR SUBMITTED VIDEOS 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.
You agree to defend, indemnify and hold harmless VDOCITY™, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: your use of the Website; your violation of these Terms of Use; your violation of the terms which apply to your Submitted Videos; your violation of any third party right, including but not limited to any copyright, property, publicity or privacy right; or any claim that one of your Submitted Videos caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Use, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Use, and any rights and licenses permitted hereunder, may not be transferred or assigned by you, but may be assigned by VDOCITY™ without restriction.
You agree that: the Website shall be deemed solely based in New Delhi; and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over VDOCITY™, either specific or general, in jurisdictions other than the New Delhi. These Terms of Use shall be governed by the internal substantive laws of New Delhi, without respect to its conflict of laws principles. Any claim or dispute between you and VDOCITY™ that arises in whole or in part from the Website or these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in Saket Court, New Delhi. These Terms of Use, together with the PRIVACY STATEMENT and any other legal notices published by VDOCITY™ on the Website, shall constitute the entire agreement between you and VDOCITY™ concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. VDOCITY™ reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND VDOCITY™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VDOCITY™ WEBSITE MUST COMMENCE WITHIN ONE EAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Terms of Services
