Last updated March 8, 2022
TERMS AND CONDITIONS OF USE OF VITIO.TV
This web site, Vitio.TV (the “Vitio Site”), is operated by Vitio TV. (“Vitio”). Vitio is a user-generated video content service that provides a video exchange, video hosting platform and video player. Vitio provides access to user-generated videos and other content (“Content”) via the Vitio Site, via the Vitio video player application (the Vitio “Vitio Player”) and otherwise, including through syndication (collectively, the “Vitio Video Service”), under certain terms and conditions as set forth below.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
RESTRICTION ON USE OF THE CREATORS COMMENTS, LIVE CHAT & FORUM
The following additional rules apply to the Forum:
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.
- You may not post anything that uses trade marks or service marks in an infringing fashion.
- You may not interfere with another user’s use or the functionality of the Forum.
- You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-semitic, racist or threatening.
- You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the Vitio Video Service.
- You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the Vitio Video Service.
- You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.
LINKS AND THIRD-PARTY SITES
The Vitio Video Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and or third party search results., The Vitio Video Services and or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Vitio (“Third-Party Site(s)”). Vitio is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. Vitio makes no representations or warranties whatsoever concerning;
- the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);
- the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third-parties of user credit card information);
- any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof);
- the sellers of any products or services advertised or sold on or through any Third-Party Site; or
- the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites.
You understand, acknowledge, and agree that where the Vitio Player is licensed for use by a third-party, such third-party may be using the Vitio Player for certain purposes or to display certain content, that is not content owned, controlled, distributed, authorized or endorsed by Vitio.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all Content and materials available on the Vitio Video Site and/or available through the Vitio Video Service are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that t their use is restricted by the terms of this Agreement and applicable statutory and common laws.
Vitio, Vitio.tv, the Vitio Player, and Vitio product and service names are trademarks and/or service marks of Vitio.tv (the “Vitio Marks”) and are owned exclusively by Vitio. You will not display or use the Vitio Marks, in any manner that would constitute infringement of Vitio’s rights, without Vitio’s prior permission.
GENERAL VITIO PLAYER LICENSE TERMS
Use of the Vitio Player is subject to any applicable license agreements for use of the Vitio Player.
Subject to any applicable license agreements which replace and/or supersede these general license terms with respect to the use of the Vitio Player, the following terms and conditions apply to use of the Vitio Player.
GRANT OF LICENSE
Vitio hereby grants you a non-exclusive license to use the Vitio Player subject to the following terms:
- use the Vitio Player on any single computer;
- use the Vitio Player on a second computer so long as the first and second computers are not used simultaneously; and
- copy the Vitio Player for back-up and archival purposes provided any copy must contain all of the original Vitio Player’s proprietary notices.
You may not:
- permit other individuals to use the Vitio Player on your computer(s) except under the terms listed above;
- modify, translate, reverse engineer, recompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Vitio Player or Vitio Player documentation (“Documentation”);
- copy the Vitio Player or Documentation (except for back-up purposes);
- resell, rent, lease, transfer, or otherwise transfer rights to the Vitio Player or Documentation; or
- remove any proprietary notices or labels on the Vitio Player or Documentation.
This license does not grant you any right to any enhancement or update, and any right to grant sublicences, to the Vitio Player.
Title, ownership rights, and intellectual property rights in and to the Vitio Player and Documentation shall remain with Vitio. The Vitio Player is protected by the copyright laws of the United States, Canada and internationally by copyright treaty. Title, ownership rights and intellectual property rights in and to the Content accessed through the Vitio Player including any Content contained in the Vitio Player media demonstration files is the property of the applicable content owner and is protected by applicable copyright or other law. This license gives you no rights to publish, disseminate or otherwise use such Content.
DISCLAIMER OF WARRANTY
THE VITIO PLAYER AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITIO FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE VITIO PLAYER AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITIO OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF VITIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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.
VITIO CONTENT POLICIES
Vitio enables creators of Content to submit Content to the Vitio Video Service in accordance set forth below. Under no circumstances shall the following be submitted to the Vitio Video Service:
- Content or material which was created by a person other than you, or subject to copyright by a person other than you, without that person’s express written authorization;
- Content which you have distributed to any person by any means other than via the Vitio Video Service;
- Content or material which includes, in whole or in part, audio, video, text, or images that are subject to copyright by another person unless such inclusion is subject to applicable laws concerning fair use or is otherwise expressly authorized by the copyright holder;
- Content or material that is subject to any third-party contractual provisions or limitations, including but not limited to license restrictions;
- Content or material which displays the trademarks of another person without that person’s authorization, subject to applicable laws concerning fair use;
- Content or material that is pornographic, obscene, or of an adult or sexual nature;
- Content or material that is grossly offensive to the online community, including but not limited to, racism, antisemitism and hatred;
- Content or material that;
- Promotes, supports, or incites violence or unlawful acts;
- Promotes, supports or incites individuals and/or groups which engage in violence or unlawful acts, including but not limited to groups and persons affiliated with white supremacist groups and or persons affiliated with these groups; and/or
- Promotes or supports entities and or persons designated by either the Canadian or United States government as terrorists or terrorist organizations.
- Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about any person at any age, including but not limited to personally identifying information about children under the age of 18;
- Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
- Disseminating personal information about another individual for malevolent purposes, including libel, slander, “doxxing”, defamation or violation of an individual’s right to privacy.
- Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy, publicity rights, and harm to reputation;
- Any Content or material that contains links to another website where any of the above-described prohibited Content or material is accessible.
- Any other Content or material that Vitio in its sole, unfettered, and arbitrary discretion, determines is undesirable on the Vitio Video Service.
Vitio has the sole discretion to decide whether Content or material is permitted on the Vitio Video Service and any materials submitted to the Vitio Service may be, but is not necessarily, examined by Vitio before it is made available on the Vitio Video Service. You acknowledge that Vitio has the absolute right (but not the obligation) to prohibit, refuse, delete, move and edit Content and material for any reason, in any manner, at any time, without notice to you.
You should also know that in visiting the Vitio Site or viewing Content via the Vitio Player or otherwise, you may be exposed to materials which you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such Content or material.
To report content that violates our policies, please contact us here.
We take seriously any complaints received from viewers of Vitio Content and attempt to respond to every complaint. If you have a complaint regarding the Content, materials available through the Vitio Video Service, inappropriate behavior or postings by other users in the Forum, or otherwise, you may submit your complaint to Vitio by emailing our customer support representatives by clicking here. Please use the word “Complaint” in the form’s subject line, and include the following information in your email:
- your name, email address and, if you are a registered user, your user ID;
- the basis of your complaint (provide as much detail as possible);
- if your complaint concerns the activities of other users/visitors on the Forum identify the specific type of inappropriate or offensive behavior engaged in and, insofar as possible, the identity of the offending person. If your complaint concerns particular Content please provide the reason for your Complaint and the title and/or location of any video; and
- the date(s) on which you observed the objectionable activities or behaviour or the date on which you viewed the Content which is the subject of your complaint;
A customer support representative will respond to your email and if, in Vitio’s determination, your complaint is a valid one, Vitio will take appropriate actions in its sole discretion, and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions Vitio has taken as a result.
PUBLISHING AND DISTRIBUTION OF CONTENT VIA THE VITIO VIDEO SERVICE
Vitio may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via the Vitio Video Service, in its sole commercial discretion. Vitio reserves the right to decline or reject any Content submitted to the Vitio Video Service.
You affirm, represent, and warrant that you have the legal right to submit the Content to the Vitio Video Service, that you have all necessary right and authority to appoint Vitio in accordance as described herein, and that you are legally entitled to enter into the Agency Agreement.
You further represent and warrant that any Content submitted does not contain third party copyrighted material, or material that is subject to other third party proprietary, intellectual property or contractual rights or interests, unless you have express written permission from the rights holder of the Content to enter into this Agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of same in writing forthwith upon request by Vitio. You are required to obtain such written permission before submitting such Content to the Vitio Video Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement.
Any infringement or other violation of a third party’s rights with respect to the Content submitted by you to the Vitio Video Service and which has been identified as such by Vitio or by a third party, may immediately and without notice to you result in the removal of such Content. It is Vitio’s strict polity to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify and hold harmless Vitio, its agents, employees, contractors, directors, officers, and shareholders, as to any allegations, demands, claims, investigations or disputes arising from your submission of Content to Vitio and or monetization of your Content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party.
Recovery Through Copyright Enforcement
You, or if you are entering into this Agreement under authority of a third party rightsholder, that third party, shall not issue any demand, or commence any claim or proceedings to enforce any rights in any Content submitted to Vitio, except with Vitio’s express authorization which may be denied in the event that Vitio elects to assume carriage and control of such enforcement measures, and in such event Vitio shall indemnify and hold you (or the applicable third party rightsholder) harmless from and against any damages, legal fees and costs, directly attributable to such enforcement measures. If, however, Vitio authorizes you to take enforcement action, then you will be solely responsible for all fees, costs, damages or other expenses in that action.
Vitio does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice or position expressed therein, and Vitio expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and Vitio’s capacity is not Content owned by Vitio (unless expressly assigned to Vitio under the terms of this Agreement) or uploaded by Vitio.
In order to submit Content to Vitio you acknowledge that you are solely responsible for what is submitted and indemnify and hold Vitio harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold Vitio harmless from and against all third party claims with respect to the Content and acting as Agent in respect of the Content.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
To file a copyright infringement notification with us relating to Content on the Vitio Player, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 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 the body of an email is the best way to help us locate content quickly.
- 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.
If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from Vitio, we suggest that you email us at email@example.com with the subject as “DMCA” where we increase the speed at which we are able to remove any infringing content on Vitio and also offer industry-leading content identification tools and personal management for your requests.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
If you believe that material you posted has been removed in error, you should send to our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of, at Vitio’s discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States and that you will accept service of process by mail from the person who provided notification of copyright infringement, or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringe offenders.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the Vitio site, you may notify vitio.tv. Please email firstname.lastname@example.org so we can investigate the matter further.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VITIO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VITIO, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VITIO.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VITIO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Vitio, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys’ fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Vitio reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Vitio in asserting any available defenses.
CHOICE OF LAW AND FORUM
Vitio has a zero tolerance for any violation of Content Polices and or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and or terminated. The determination of suspension or termination is at the sole discretion of Vitio.
You acknowledge and agree that Vitio shall not be liable to you or any third party for any termination or suspension of your access to the Vitio Video Services.
CONSIDERATION AND AGREEMENT
- that there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;
- that this Agreement is a legally binding contract between you and Vitio;
- that you are entering into this Agreement knowingly and willingly, and
- that your submission of this Agency Agreement to Vitio electronically constitutes your electronic agreement, such that this Agency Agreement becomes binding upon submission.