Date of Last Revision: May 1, 2013
MiBuzz SPA. ("Vidsy.tv", “Vidsy”, "our", "us" or "we") provides the services offered by Vidsy.tv (the "Services") through our website, accessible at www.vidsy.tv (the "Site"), and/or the other domains, products, services, and/or content provided by Vidsy and our applications for mobile devices (the "Applications").
By accessing or using the Site, Applications or Services, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. Vidsy.tv reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.
Key Terms related to Content
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Vidsy.tv Content" means all Content that Vidsy.tv makes available through the Site, Applications or Service, including any Content licensed from a third party, but excluding Member Content.
"Member" means a person that completes our account registration process, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Site Content" means Member Content and Vidsy.tv Content.
The Site, Applications and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.
You will not use Vidsy.tv if you are a convicted sex offender.
In order to access certain features of the Site, Applications and Services and to post any Member Content on the Site, Applications or through the
Services, you must register to create an account ("Account"). You may register with Vidsy.tv through your account with certain third party social networking services, including Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with a SNS, you are allowing Vidsy.tv to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their Vidsy.tv Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Everything you see, hear, or otherwise experience through the Site, Applications, Services and Site Content including but not limited to the videos, text, software, photographs, scripts, graphics, interactive features and the like and the trademarks, service marks and logos contained therein are owned by the respective content creators and/or providers, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We do not own the copyrights of any content. Any unauthorized use of any materials obtained through Vidsy.tv may violate copyright, trademark, and other laws.
Content through the Service, the Site and the Application is provided to you AS IS, encoded in the appropriate format, for your personal viewing only and may not be copied or modified, without the prior written consent of the respective content owners and/or providers. We reserve all rights not expressly granted in and to Vidsy and the content in it. Content for personal, non-commercial use, retains all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site, the Service and the Application.
If you decide to use an Application, subject to your compliance with these Terms, Vidsy.tv grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control. Vidsy.tv reserves all rights in the Applications not expressly granted to you by these Terms.
Vidsy.tv Content and Member Content License
Subject to your compliance with these Terms, Vidsy.tv grants you a limited, non-exclusive, non-transferable license, without the right to sublicense. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vidsy.tv or its licensors, except for the licenses and rights expressly granted in these Terms.
We may permit Members to post, upload, publish, submit or transmit Member Content. Vidsy.tv does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site, Applications or Services, you grant Vidsy.tv a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Applications or Services.
You are solely responsible for all Member Content that you make available through the Site, Applications and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases necessary to grant to Vidsy.tv the rights in such Member Content, as contemplated under these Terms. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Vidsy.tv ´s use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Although some Services require no type of payment, some of the Services do require a fee. For fee-based Services, you are responsible for providing a valid credit card number or other payment information Vidsy accepts. You also represent and warrant that you are an authorized user of such credit card or account, and you agree to pay all applicable charges. You agree that Vidsy may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. Credit cards or other payment services will be billed according to whatever payment plan you select at the time of registration. Services are billed on a monthly basis and amounts paid are non-refundable. Vidsy.tv does not provide refunds or credits for partial months of service. All fees listed are exclusive of any taxes, levies, duties or tariffs that applicable taxing authorities may impose. You are responsible for payment of any applicable taxes, levies, duties, tariffs or other similar fees.
Vidsy uses a third party billing service to process. By providing Vidsy with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service Vidsy utilizes for managing payment.
You agree not to do any of the following:
Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive or pornographic; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the Vidsy.tv name, any Vidsy.tv trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any Vidsy.tv system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vidsy.tv or any of our providers or any other third party (including another user) to protect the Site, Applications or Site Content;
Attempt to access or search the Site, Applications, Site Content or download Site Content from the Site or Applications through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Vidsy.tv or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Vidsy.tv trademark, logo URL or product name without Vidsy.tv´s express written consent;
Use the Site, Applications or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with it; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Site Content.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications;
Impersonate or misrepresent your affiliation with any person or entity;
Use the Site if you are a convicted sexual offender;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Vidsy.tv reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Vidsy.tv, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
Copyright Policy and DMCA Notice
We respect artist and content owner rights. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you are an intellectual property owner or an agent thereof and believe that either any material or activity on Vidsy.tv infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site
3. 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 us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link)
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address
5. A statement that you have 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Notification should be submitted to firstname.lastname@example.org by email with Subject: ‘DMCA Copyright Infringement notification’ OR to the address: Exequiel Fernandez, 1493 Santiago, Chile.
Once a proper, bona fide infringement notification is received, it is our policy:
1. To remove or disable access to the infringing material;
2. To notify the content provider, member or user that we have removed or disabled access to the material;
3. That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.
If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information:
1. A physical or electronic signature of the content provider, member or user;
2. dentification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Service before such removal or disabling;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Content provider’s, member’s, or user’s name, address, telephone number, and, if available, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
UNDER US FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Thing Daemon and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Specific Rules for Musical Works.
If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty free license granted by you to Vidsy.tv through these Terms. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty free license set forth in these Terms or have such music publisher enter into these Terms with Vidsy.tv. Just because you authored a musical work (e.g., wrote a song) doesn’t mean you have the right to grant Vidsy.tv the licenses contained in these Terms.
Change or Termination
The Service, the Site or the Application are new and subject to change at any time, without prior notice, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. We are continually looking to improve the Service but if you are at any time dissatisfied with the Service, then your sole remedy is to discontinue use of the Service. However, we do want to hear from our users so do not hesitate to send us an e-mail at email@example.com to let us know what you think.
You agree that if your use of the Service, Site or Application is terminated pursuant to these Terms, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon Vidsy.tv’s termination of your use of the Service, Vidsy.tv may delete any of your User Materials available on or through the Service and terminate your access to your User Materials if those materials remain on the Service, without any liability to you.
Termination by You.
You are free to terminate your use of the Service at any time. You can simply choose to stop visiting or using any aspect of the Service, Site and Application. If you wish to terminate your account on the Service, you may do so by sending an e-mail to firstname.lastname@example.org or using any other account termination functionality that may be offered through the Service.
THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIDSY.TV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VIDSY.TV MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VIDSY.TV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT VIDSY.TV DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATIONS OR SERVICES, NOR DOES VIDSY.TV MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. VIDSY.TV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES.
We take no responsibility and assume no liability for any Member Content posted or sent over the Site, Applications or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.
You agree to defend, indemnify, and hold Vidsy.tv, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Applications, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER THING DAEMON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIDSY.TV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL VIDSY.TV´S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIDSY.TV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in Chile. We make no representations that the Service is appropriate or available for use in other locations. We make no representations that Vidsy.tv is appropriate or available for use in all jurisdictions. Those who access or use it do so at their own volition and are responsible for compliance with local and all other applicable laws and regulations.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Vidsy.tv used herein are trademarks or registered trademarks of Vidsy.tv. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Chile without regard to its conflict of laws provisions.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Chile, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THING DAEMON ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms constitute the entire and exclusive understanding and agreement between Vidsy.tv and you regarding the Site, Applications, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vidsy.tv and you regarding the Site, Applications, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Vidsy.tv´s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vidsy.tv may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Vidsy.tv (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Vidsy.tv to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vidsy.tv. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any questions about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at info@Vidsy.tv