terms of use
Please read the following terms and conditions before using VIDDIX. By visiting our website or using
our service you agree to the terms and conditions below.
changes to viddix.com and terms of use
We reserve the right to modify or terminate the viddix.com service for any reason and without notice, without liability to you or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service to check for possible changes.
your intellectual property rights
If you have registered and have a VIDDIX account pursuant to which you upload video files you create, including your comments on videos, your cuepoints, your nickname and your avatar (“Your Content”) VIDDIX does not own Your Content. By making Your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit Your Content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which Your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against the risks of misappropriation and/or piracy, for which VIDDIX shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which Your Content is hosted, you grant VIDDIX the non-exclusive, royalty free right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission.
other users intellectual property rights
Other users of the Website have provided other content subject to the Terms and other notices and policies (legal) set forth on the Website. You may access other users’ content solely:
our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is subject to our policies on Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention. You agree that your use of the website shall be at your sole risk and liability. Everything on the website is provided to you without warranty. VIDDIX, and it's affiliates, disclaim all warranties of any kind, take no responsibility and assume no liability for the content present on the website, including but not limitid to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the website. VIDDIX and it's affiliates make no warranty or representation that the website or it's services or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of your content and/or any limitatinos on your or any other users ability to access, view or use your content or any other content, or that any information obtained from the website will be accurate or reliable.
You agree that VIDDIX and it's affiliates shall NOT be liable for any damages, loss, or expense of any kind arising out of or resulting from your use of the website, in whole or in part, regardless of where such liability is based in tort, contract, or otherwise. In no event, including without limitation a negligent act, shall VIDDIX and it's affiliates be liable to you for any direct, indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the website, regardless of whether any such VIDDIX or it's affiliates have been advised of the possibility of such damages.
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.
your liability as user
You warrant that Your Content 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). VIDDIX neither wants nor tolerates such content. If Your Content contains such content, do not upload it to the Website as you are not authorized to!
You also warrant that Your Content (i) 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); (ii) does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.
By uploading or disseminating images to or through the Website, 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 you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, VIDDIX 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.
In view of the user-driven nature of the Website, and out of consideration for the general public, users are responsible for maintaining certain ethical standards respecting the videos they upload and the comments they post online. If you encounter content that is in conflict with these terms of use, you can report it to us by sending an email to report@viddix.com
prohibited content
VIDDIX prohibit's the following content:
copyright notifications
VIDDIX does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove content uploaded by users (including Your Content), if properly notified that such content infringes on another's intellectual property rights. VIDDIX reserves the right also to terminate a user's account, if they are determined to be a repeat infringer.
If you believe that Your Content has been copied in a way that constitutes copyright infringement, please provide VIDDIX the written information specified below:
registration and access
Registration
In order to use many of the Website’s features, you must set up an account using the online registration form. You are free to modify the personal data you provide on the form at any time. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password given by us in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of VIDDIX may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
Ability to Accept Terms & Conditions
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms.
Ability to Accept Mail Notification
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to the mailing Terms. With agreeing to receive mail you can receive Notification and Validation mail from VIDDIX as described in the Terms. VIDDIX will only use your e-mail adress for validation and notification purposes only. Your data will not be shared with any third party, unless any lawful institution forces us to do so. Notifications can be understand as a term-based news mail, an update mail, or any other VIDDIX - related mailing.
proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded, comments posted, and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
indemnification
You agree and shall indemnify and hold VIDDIX harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) your violation of the Terms or any other policy of VIDDIX; (iii) your use of the Website; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
Choice of Venue/Law
You agree that VIDDIX shall be deemed to be a passive website that is based solely in The Netherlands and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than The Netherlands
You agree that any dispute between you and VIDDIX arising out of or relating in any way to these Terms or your use of the Website shall be interpreted in accord with the laws of The Netherlands, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of The Netherlands. You also agree that any claim or dispute between you and VIDDIX shall be decided exclusively by a court of competent jurisdiction located in The Netherlands and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
links
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. VIDDIX has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by VIDDIX.
electronic signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from VIDDIX solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Amendments/Revisions
VIDDIX may amend or revise the Terms or any other policy of VIDDIX at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Website from time to time to review the most current Terms and other VIDDIX policies. VIDDIX does not and will not assume any obligation to notify you of changes to the Terms or any other policy of VIDDIX.
Entire agreement
These Terms constitute the entire agreement between VIDDIX and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VIDDIX with respect to the Website. 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 record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
changes to viddix.com and terms of use
We reserve the right to modify or terminate the viddix.com service for any reason and without notice, without liability to you or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service to check for possible changes.
your intellectual property rights
If you have registered and have a VIDDIX account pursuant to which you upload video files you create, including your comments on videos, your cuepoints, your nickname and your avatar (“Your Content”) VIDDIX does not own Your Content. By making Your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit Your Content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which Your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against the risks of misappropriation and/or piracy, for which VIDDIX shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which Your Content is hosted, you grant VIDDIX the non-exclusive, royalty free right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission.
other users intellectual property rights
Other users of the Website have provided other content subject to the Terms and other notices and policies (legal) set forth on the Website. You may access other users’ content solely:
- for your information and personal use;
- as intended through the normal functionality of the Website;
- for Streaming.
our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your connection data, which is subject to our policies on Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention. You agree that your use of the website shall be at your sole risk and liability. Everything on the website is provided to you without warranty. VIDDIX, and it's affiliates, disclaim all warranties of any kind, take no responsibility and assume no liability for the content present on the website, including but not limitid to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the website. VIDDIX and it's affiliates make no warranty or representation that the website or it's services or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of your content and/or any limitatinos on your or any other users ability to access, view or use your content or any other content, or that any information obtained from the website will be accurate or reliable.
You agree that VIDDIX and it's affiliates shall NOT be liable for any damages, loss, or expense of any kind arising out of or resulting from your use of the website, in whole or in part, regardless of where such liability is based in tort, contract, or otherwise. In no event, including without limitation a negligent act, shall VIDDIX and it's affiliates be liable to you for any direct, indirect, special, incidental, consequential or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the website, regardless of whether any such VIDDIX or it's affiliates have been advised of the possibility of such damages.
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.
your liability as user
You warrant that Your Content 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). VIDDIX neither wants nor tolerates such content. If Your Content contains such content, do not upload it to the Website as you are not authorized to!
You also warrant that Your Content (i) 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); (ii) does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.
By uploading or disseminating images to or through the Website, 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 you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, VIDDIX 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.
In view of the user-driven nature of the Website, and out of consideration for the general public, users are responsible for maintaining certain ethical standards respecting the videos they upload and the comments they post online. If you encounter content that is in conflict with these terms of use, you can report it to us by sending an email to report@viddix.com
prohibited content
VIDDIX prohibit's the following content:
- 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;
- any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
copyright notifications
VIDDIX does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove content uploaded by users (including Your Content), if properly notified that such content infringes on another's intellectual property rights. VIDDIX reserves the right also to terminate a user's account, if they are determined to be a repeat infringer.
If you believe that Your Content has been copied in a way that constitutes copyright infringement, please provide VIDDIX the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of all of the copyrighted works that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the VIDDIX website, including a URL of the specific location of the infringing material;
- Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
registration and access
Registration
In order to use many of the Website’s features, you must set up an account using the online registration form. You are free to modify the personal data you provide on the form at any time. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password given by us in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of VIDDIX may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
Ability to Accept Terms & Conditions
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms.
Ability to Accept Mail Notification
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to the mailing Terms. With agreeing to receive mail you can receive Notification and Validation mail from VIDDIX as described in the Terms. VIDDIX will only use your e-mail adress for validation and notification purposes only. Your data will not be shared with any third party, unless any lawful institution forces us to do so. Notifications can be understand as a term-based news mail, an update mail, or any other VIDDIX - related mailing.
proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded, comments posted, and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
indemnification
You agree and shall indemnify and hold VIDDIX harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) your violation of the Terms or any other policy of VIDDIX; (iii) your use of the Website; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
Choice of Venue/Law
You agree that VIDDIX shall be deemed to be a passive website that is based solely in The Netherlands and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than The Netherlands
You agree that any dispute between you and VIDDIX arising out of or relating in any way to these Terms or your use of the Website shall be interpreted in accord with the laws of The Netherlands, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of The Netherlands. You also agree that any claim or dispute between you and VIDDIX shall be decided exclusively by a court of competent jurisdiction located in The Netherlands and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
links
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. VIDDIX has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by VIDDIX.
electronic signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from VIDDIX solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Amendments/Revisions
VIDDIX may amend or revise the Terms or any other policy of VIDDIX at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Website from time to time to review the most current Terms and other VIDDIX policies. VIDDIX does not and will not assume any obligation to notify you of changes to the Terms or any other policy of VIDDIX.
Entire agreement
These Terms constitute the entire agreement between VIDDIX and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VIDDIX with respect to the Website. 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 record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.