We may require you to register or otherwise provide information about yourself or your company in order to use the Service or certain of its functionalities. You agree to: (a) provide true, accurate, current and complete information about yourself or your company ("User Data") as prompted by the Service; and (b) maintain and promptly update any User Data provided during registration, if applicable, to keep it accurate and current. You consent and agree that Vuclip may access, preserve and disclose your User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Vuclip, its users and the public.
We may provide the means for you to submit information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials ("Content") to the Vuclip Service. You are solely responsible for any Content that you submit and the consequences of submitting it. You agree not to submit any Content to Vuclip unless you have received all necessary rights and authorizations to submit such Content, and by submitting said Content, you affirm you have all such rights and authorizations. Vuclip may, in its sole discretion but without any obligation to search for such, remove Content that is alleged to have been submitted in violation of this provision. In addition, Vuclip may require additional evidence of compliance with this provision from users who are alleged to have submitted Content in violation of this Agreement. Vuclip will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates this Agreement.
You understand that all Content available in connection with the Service are the sole responsibility of the person from whom such Content originated. Vuclip does not control or monitor the Content available in connection with the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Vuclip be liable to you or any third party in any way for any Content, including, but not limited to, Content that is offensive, indecent or objectionable, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You acknowledge and agree that the Service is provided to you solely as a streaming or "download to view only" service. You agree not to retain any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. You acknowledge that Vuclip may or may not pre-screen or monitor Content, but that Vuclip and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, disable access to or remove, any Content that is available via the Service.
Except as expressly provided otherwise by Vuclip, the Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service. You agree to not use the Service to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes". or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree not to: (i) interfere with or disrupt the Service or servers or networks connected to the Service in any manner, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Service to harm minors in any way; or (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to access the Service: (x) by any means other than through the interface that is provided by Vuclip for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
Your correspondence or business dealings and communications with, or participation in promotions of, advertisers or other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely your responsibility and at your own risk. You acknowledge and agree that Vuclip is not responsible for, and does not endorse, Content, advertising, products or other materials on or available from, external sites or resources accessible via the Service.
You agree to use communication methods available on the Service (if any) only to send communications and materials related to the subject matter for which Vuclip provided the communication method and only subject to these Terms. You agree that (a) all communication methods constitute public means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Vuclip in any manner, though Vuclip reserves the right to do so at any time at its sole discretion in accordance with the Terms.
You acknowledge and agree that the Service, any necessary software used in connection with the Service ("Software") and any Content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the Service is provided to you solely as a Content streaming or "download to view only" service. You agree not to retain any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. Vuclip grants you a personal, non-transferable and non-exclusive license to access and use the Service on a single device solely as contemplated in these Terms, provided that you do not reverse engineer or otherwise attempt to discover any source code of the Service.
The term Vuclip, the stylized Vuclip logo and "bug" and any other Vuclip product and service names are the exclusive trademarks of, and are owned by, XinLab, Inc., and you may not use or display such trademarks in any manner without XinLab's prior written consent. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.
If you provide comments, suggestions or feedback about, or in connection with, the Service to Vuclip or its site, you hereby grant to Vuclip a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products, services and business of Vuclip, including the right to sub-license any of the foregoing rights to others.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. VUCLIP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VULCIP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL VUCLIP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY DEALINGS, OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VULCIP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Vuclip and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, costs, losses, damages, liabilities, judgments and expenses, including reasonable attorneys' fees, arising out of or in connection with any claim, action or proceeding by any third party due to or arising out of Content you transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another person or entity.
You agree that Vuclip may, in its sole discretion, suspend or terminate your account and/or access to the Service for any reason or no reason, with or without prior notice. Any licenses contained in the Terms will terminate automatically without notice if you fail to comply with any provision of these Terms.
Vuclip respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Vuclip's Copyright Agent the information specified below. Please note that this procedure is exclusively for notifying Vuclip that your copyrighted material has been infringed or your intellectual property rights have been violated.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Service;
(d) your address, telephone number and email address;
(e) 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;
(f) 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.
Vuclip's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
1551 McCarthy Boulevard
Milpitas, CA 95035
Attn: Copyright Agent
By phone: (408) 649-2240
By fax: (408) 649-2245
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and Vuclip with respect to your use of the Service. The failure of Vuclip to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and Vuclip shall be governed by the laws of the State of California without regard to its conflict of law provisions. All claims arising out of or relating to these Terms or the Service shall be litigated exclusively in the federal and state courts of Santa Clara County, California, and you consent to personal jurisdiction in those courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
© Vuclip, Inc. 2008-16. All rights reserved.