Terms of Service
Last Updated: June 02, 2019
Vike. ("Vike", "we" or "us") offers an online video sharing platform and community through its website located at Videodistribution.com and other Vike-operated sites (collectively, the "Vike"), mobile applications, connected TV applications, and other online services (collectively and including the Vike Site, the "Vike Service"). By registering as a member or by using the Vike Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Vike. If you do not wish to be bound by this Agreement, do not use the Vike. **
• Who May Use the Vike Service
• License to Use the VikeService
• Term and Termination; Account Deletion
• Content Restrictions
• Code of Conduct
• Licenses Granted by You
• Your Representations and Warranties
• Third Party Copyrights and Other Rights
• Limitation of Liability
• General Provisions
1. Who May Use the Vike
AGE REQUIREMENT: You must be at least 18 years old to use the Vike. If you are at least 18, but are still a minor (this depends on where you live), you must have your parent or legal guardian'spermission to use the Vike. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Vike, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child'suse of the Vike. If your child is using the Vikeand is either under 18 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Vike is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the Vikeand/or have your parent's or guardian's permission, some of the content available within the Vike may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Vike
LICENSE: Vike grants you a limited, non-exclusive license to access and use the Vike for your own personal, non-commercial purposes. This includes the right to view content available on the Vike. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Vike in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Vike or any source code therein. Nor will you attempt to circumvent any of Vike'stechnical measures or take any measures to interfere with or damage the Vike Service. All rights not expressly granted by Vike are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Vike, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Vike and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
PARTNER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Vike Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Vike and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time.
TERMINATION FOR BREACH: Vike may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Vike determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage VideoDistribution's reputation and goodwill. If Vike deletes your account for the foregoing reasons, you may not re-register for the Vike. Vike may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Vike will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Vike shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
• Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Depicts animal cruelty or extreme violence towards animals;
• Promotes fraudulent or dubious business schemes; or
• Violates any law.
All videos you submit must also comply with the Vike Guidelines, which are incorporated into this Agreement.
7. Code of Conduct
In using the Vike, you must behave in a civil and respectful manner at all times. Further, you will not:
• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute "spam";
• Collect information about others; or
• Advertise or solicit others to purchase any product or service within the Vike Site (unless you are an official Vike partner or advertiser and have a written agreement with Vike).
Vike has the right, but not the obligation, to monitor all conduct on and content submitted to the Vike Service.
8. Licenses Granted by You
LICENSE TO Vike: As between you and Vike, you own the video content ("videos") that you submit to the Vike. By submitting a video, you grant Vike and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Vike; (ii) displaying the video on third party websites and applications through a video embed or Vike's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Vike, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS:You further grant all users of the Vike permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Vike, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Vike has no control over such caching.
8.2 Non-video Content
As between you and Vike, you own all non-video content that you submit to the Vike. You grant Vike and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Vikepermission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Vike on improving or adding new features to the Vike, Vike shall have the right to use your suggestions without any compensation to you.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Vike and grant the licenses set forth above; (ii) Vike will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Vike and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Vike; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Vike violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights and Other Rights
Vike respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at [email protected]
Vike reserves the right to modify the Vike Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Vike Service. Vike has no obligation to screen or monitor any content and does not guarantee that any content available on the Vike Service complies with this Agreement or is suitable for all users.
Vike provides the Vike Service on an "as is"and "as available" basis. You therefore use the Vike Service at your own risk. Vike expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Vike makes no representations or warranties:
• That the Vike Service will be permitted in your jurisdiction;
• That the Vike Service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party's use of content that you submit;
• That any content you submit will be made available on the Vike Service or will be stored by Vike;
• That the Vike Service will meet your business or professional needs;
• That Vike will continue to support any particular feature of the Vike Service; or
• Concerning sites and resources outside of the Vike Service, even if linked to from the Vike Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Vike Service, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) Vike shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Vike'stotal liability to you shall not exceed the amounts paid by you to Vike over the twelve (12) months preceding your claim(s).
14. General Provisions
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Vike in exercising any right hereunder will waive any further exercise of that right.Vike's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Vike's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Vike electronically. Vike may provide all such communications by email or by posting them on the Vike Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to[email protected]or the following address:
Vike, Avenue Arnaud Fraiteur 15-23 B-1050 Bruxelles - Brussel
Nothing herein shall limit Vike's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Vike on the Vike Site or a written amendment signed by an authorized representative of Vike. A revised Terms of Service will be effective as of the date it is posted on the Vike Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
• Government Entity Addendum
• Copyright and DMCA Policy
This Agreement constitutes the entire understanding between Vike and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Vike'sapplication protocol interface (API), which is governed by our API Agreement.