Vixlet Terms of Service
Updated January 15, 2013
Accepting the Terms
By using the Vixlet.com website and or accessing its services and functionality you acknowledge your agreement and acceptance of the following terms and conditions. If you do not wish to abide by these terms, you are not permitted to and should not continue using the Vixlet site and its services.
Vixlet and the Vixlet.com site are owned and operated by Divide Nine Animation LLC. These Terms of Service apply to your access to, and use of, Vixlet, your use of any video, digital media, media hosting services, other services provided on or through Vixlet (the "Services"), and to your purchase of any products ("Products") from Vixlet.
You agree to Vixlet communicating with you about Vixlet, the Products and the Services via email and/or system messages, and if deemed necessary by Vixlet, by regular mail or telephone. Vixlet reserves the right to modify the services provided and/or change any provision of these Terms of Service, and any other terms, policies or guidelines governing your use of the Site, at any time in its sole discretion. Any changes will be effective immediately upon posting such revisions on the Site and the effective date of the posting will be noted. We may, but will not be obligated, to provide notice about changes to these terms and in any event you should periodically review these terms. Your continued use of the site and services following the posting of the changes indicates your acceptance thereof.
General Use of the Site and Service
Vixlet seeks to simplify your sharing and viewing of your video. Vixlet currently offers basic (free) services. Services may be offered by Vixlet itself, or by one or more third party partner/service providers selected from time to time by Vixlet. Unless otherwise stated, these Terms of Service apply to all Services.
All content and additional or modified services made available through the Vixlet Site shall automatically be deemed to be part of the "Services" and subject to the Terms of service. Your USE OF SERVICE is Subject to and expressly conditioned upon your continuous compliance with the terms and conditions within these Terms of Service, Vixlet grants you a limited, non-exclusive, fully revocable license to utilize the Site, avail yourself of the Services and purchase Products so long as (1) you are of legal age to form a binding contract and (2) you are not barred from using the Site, receiving any Services and/or purchasing any Products under the laws of the United States. In order to access and/or use the Service, you may be required to provide current accurate identification, contact and other information as part of the registration process and/or continued use of the Site and the Services, and you will be solely responsible for maintaining the accuracy and completeness of such information. You are responsible for all activities that occur under your account whether by you or by others, including activities of others to whom you have directly or indirectly provided your Account Information. You agree to immediately notify Vixlet upon becoming aware of any unauthorized use of your Account Information, account or any other breach of security. Vixlet will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure, and you agree to hold Vixlet harmless for the foregoing. You are solely responsible for obtaining all equipment and telecommunication services necessary to access the Site and the Services, and for all the fees associated therewith (such as computing devices, mobile devices and Internet service provider and airtime charges).
No individual under the age of thirteen (13) may use the Services of or provide any information to Vixlet, Vixlet.com or any of our related sites or services.
Should you come into possession of or have access to any Vixlet user information by any means, you agree that you will not use that user information for any purpose other than as authorized by Vixlet for the purposes that the information was supplied. Without limiting the foregoing, you may not share any User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of any Vixlet users’ Privacy or applicable law. You agree that these restrictions will apply both during and subsequent to your use of the site and services. Further you agree to hold Vixlet harmless for any violation by you of the foregoing obligations.
You will be accessing media, hosting storage services or other interactive areas to which you or other users may post or transmit content including video, sound and text – collectively “User Content.” You are solely responsible for this User Content and you agree not to post, transmit or otherwise publish through the Site any of the following: (a) User Content that is unlawful, defamatory, obscene, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law; (c) User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; (d) User Content that impersonates any person or entity or misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) Material that contains a virus, spyware, bots (including any automated use of the system, such as scripts) or other harmful component that restricts or inhibits any other user's use and enjoyment of the site and its services; (i) User Content that, in the sole judgment of Vixlet, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Vixlet or its users to any harm or liability of any nature, including, but not limited to, any degradation, devaluation or other diminishment of the quality, character or value of Vixlet.
You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, video, an audio file, or computer software. By making Content available, you represent and warrant that:
o the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
o if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
o you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
o the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
o the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
o does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
o your account is not named in a manner that misleads recipients into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or company other than your own; and
o you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Vixlet or otherwise.
By submitting Content to Vixlet, you grant Vixlet a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content.
Vixlet reserves the right to restrict access and / or certain activities, Vixlet does not control and takes no responsibility for and disclaims any and all liability for in relation to User Content or for any loss or damage thereto or resulting therefrom or for the nature of the User Content you may encounter. Without limiting any of those representations or warranties, Vixlet has the right (though not the obligation) to, in Vixlet’s sole discretion (i) refuse or remove any content that, in Vixlet’s reasonable opinion, violates any Vixlet policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason. Vixlet will have no obligation to provide a refund of any amounts previously paid.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Vixlet of any unauthorized uses of your blog, your account or any other breaches of security. Vixlet will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Vixlet has not reviewed, and cannot review, all of the material, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Vixlet does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Vixlet disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
As Vixlet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on Vixlet.com violates your copyright, you are encouraged to notify Vixlet and please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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. The Vixlet.com Copyright Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, VIXLET.COM 515 S Flower, 43rd Floor, Los Angeles, CA 90071.
Vixlet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Vixlet will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Vixlet or others. In the case of such termination, Vixlet will have no obligation to provide a refund of any amounts previously paid to Vixlet.
This Agreement does not transfer from Vixlet to you any Vixlet or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vixlet. Vixlet, Vixlet.com, and all other trademarks, service marks, graphics and logos used in connection with Vixlet.com, or the website are trademarks or registered trademarks of Vixlet or Vixlet’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Vixlet or third-party trademarks.
Vixlet reserves the right to display advertisements on your account pages.
Vixlet reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Vixlet may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Vixlet may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Vixlet.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, Vixlet can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Vixlet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vixlet nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Vixlet, it’s directors, employees, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vixlet under this agreement during the twelve (12) month period prior to the cause of action. Vixlet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Vixlet, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement, as modified from time to time, constitutes the entire agreement between Vixlet and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vixlet, or by the posting by Vixlet of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vixlet may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.