TERMS OF SERVICE
By using or visiting the VidFliz website or any vidfliz products, data feeds, and services provided to you on, from, or through the vidfliz website **PLEASE READ THIS DOCUMENT CAREFULLY. vidfliz.com ("vidfliz," "we," or "us") offers an online video sharing platform and community through its website located at vidfliz.com and other vidfliz-operated sites (collectively, the "vidfliz Site") other online services (collectively and including the vidfliz Site, the "vidfliz Service"). By registering as a member or by using the vidfliz Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and vidfliz. If you do not wish to be bound by this Agreement, do not use the vidfliz Service. ** Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://vidfliz.com/t/terms. vidfliz may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
1). A - The Service may contain links to third party websites that are not owned or controlled by vidfliz. vidfliz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, vidfliz will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve vidfliz from any and all liability arising from your use of any third-party website.
1). B - These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of vidfliz, including but not limited to all products, services offered via the vidfliz website, such as the vidfliz channels, the vidfliz "Embeddable Player," the vidfliz "Uploader" and other applications.
2. vidfliz Accounts
2). A - In order to access some features of the Service, you will have to create a vidfliz Account. You may never use another account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify vidfliz immediately of any breach of security or unauthorized use of your account.
2). B - Although vidfliz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of vidfliz or others due to such unauthorized use.
3. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
3). A - The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to vidfliz, subject to copyright and other intellectual property rights under the law.
3). B - You understand that when using the Service, you will be exposed to Content from a variety of sources, and that vidfliz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against vidfliz with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless vidfliz, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
3). C - You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. General Use of the Service—Permissions and Restrictions
4). A - vidfliz hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
4). B - You agree not to alter or modify any part of the Service.
4). C - You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means vidfliz may designate.
4). D - You agree not to use the Service for any of the following commercial uses unless you obtain vidfliz's prior written approval:
1 - the sale of access to the Service;
2 - the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
3 - the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from vidfliz appears on the same page and is of sufficient value to be the basis for such sales.
4). E - Prohibited commercial uses do not include:
1 - showing vidfliz videos through the Embeddable Player.We not show any ads on videos
2 - uploading an original video to vidfliz, or maintaining an original channel on vidfliz, to promote your business or artistic enterprise;
3 - any use that vidfliz expressly authorizes in writing.
4). F - If you use the vidfliz Uploader. you agree that it may not automatically upload you must click upload button for upload video. You agree to receive such updates (and permit vidfliz to deliver these to you) as part of your use of the Uploader.
4). G - In your use of the Service, you will comply with all applicable laws.
4). H - vidfliz reserves the right to discontinue any aspect of the Service at any time.
5. Account Termination Policy
5). A - vidfliz will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
5). B - vidfliz reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. vidfliz may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
6. Copyright Policy
6). A - vidfliz operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here https://vidfliz.com/t/copyright.
6). B - As part of vidfliz's copyright policy, vidfliz will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, vidfliz, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, vidfliz EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. vidfliz DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND vidfliz WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL vidfliz, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, vidfliz LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT vidfliz SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by vidfliz from its facilities in the India. vidfliz makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless vidfliz, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over vidfliz, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in New Delhi,India. These Terms of Service, together with the Privacy Notice at https://vidfliz.com/t/privacy and any other legal notices published by vidfliz on the Service, shall constitute the entire agreement between you and vidfliz concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and vidfliz's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND vidfliz AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.