Vidweb

VIDWEB Terms of Use and Service

This Agreement
is between NPN Holdings LLC DBA/Natcom Global (“Company”) and the user/publisher (“You”) using the service, and governs the terms of use of Vidweb (“VIDWEB”), the Company’s proprietary video player which manages content.


1. Your Acceptance By visiting the VidWeb website, or using any VidWeb content, software, data feeds, and services provided to you on, from, or through the VidWeb website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Use and Service"), (2) Natcom’s Privacy Policy, found at http://vidweb.com/en/privacy and incorporated herein by reference. If you do not agree to any of these terms, or the Natcom Privacy Policy, please do not use the 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 at http://vidweb.com/en/termsofuse. Natcom 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.


2. Service These Terms of Use and Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, 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 VidWeb, including but not limited to all content, software and services offered via the VidWeb website, such as the FYINews channels, the VidWeb "Embeddable Video Player," and other applications. The Service may contain links to third party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.


3. Definitions User Account. In order to access some features of the Service, you will have to create a VidWeb Account (“Accounts”). You may never use another's 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 Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. Content. Content is defined as video, audio, images, text, metadata or other related Content provided to Publisher, via the Service and/or Company, or its agents in connection herewith, including without limitation text, images, video, audio, titles, graphics, descriptions, trademarks and other data, products, services, URLs, keywords and any other navigational elements, links, pointers, technology and software, including any modifications, upgrades, updates, enhancements and related documentation. Advertisements. VIDWEB will integrate advertisement in pre-roll and overlay formats, which will generate profits by views, a percentage of which will go directly to the Company’s benefit.


4. General Use of the Service—Permissions and Restrictions Company hereby grants you permission to access and use the Service as set forth in these Terms of Use and Service, provided that: a. You agree not to distribute in any medium any part of the Service or the Content without Company’s prior written authorization, unless VidWeb makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). b. You agree not to alter or modify any part of the Service or Content. 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 Company may designate. d. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the VidWeb website. e. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to VidWeb servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VidWeb grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. VidWeb reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. f. In your use of the Service, you will comply with all applicable laws. g. Company reserves the right to discontinue any aspect of the Service at any time.


5. Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. a. The Content, trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. b. Content is provided to you AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use and Service. You shall not download any Content unless you see a “download” or similar link displayed by VidWeb on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of VidWeb or the respective licensors of the Content. Company and its licensors reserve all rights not expressly granted in and to the Service and the Content. 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. d. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company 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 objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.


6. License Grant. Company hereby grants Publisher a non-exclusive, worldwide, transferable license to program, exhibit, archive and otherwise display the provided Licensed Content via VIDWEB on an unlimited basis across its digital platform/ network; By embedding the VidWeb video player on any website, you hereby grant Company the right to monetize the Content and Service by allowing the embedment of advertisements on the user’s platform via VIDWEB;


7. Ownership. The Content made available via VIDWEB shall remain the property of the Company. Other than the rights granted hereunder, Publisher shall have no right, title, or interest in or to any Licensed Content. The Company retains all intellectual property rights to the VIDWEB platform, services and its use.


8. Impressions and Click Fraud You will not, and shall not authorize any party to generate automated, fraudulent or otherwise invalid impressions or clicks. If, in Company’s reasonable business judgment, activity related to the user website is suspected or determined to be so-called "click-fraud" or "impression fraud" (the illicit manipulation of advertising revenue), whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on Company’s provided advertisements, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser reloading or clicking on an ad for the purpose of generating an improper click or impression value and generating revenue, Company may suspend or otherwise disable your User Account until such time as the matter is resolved to Company’s satisfaction. You acknowledge that Company, or a third party designated by Company, may use cookies to monitor visitor information in order to track suspicious clicks through source and behavior of the click traffic. Company retains the right to not credit you for those clicks or impressions that it reasonably determines or suspects are fraudulent.


9. Warranty Disclaimer You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Company makes no warranties 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. Company 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 Company 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.


10. Limitation of Liability In no event shall Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, 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 VidWeb’s services, (iii) any unauthorized access to or use of Company’s 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 Company services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Company 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. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Company 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 Company from its facilities in the United States of America. Company 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.


11. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VidWeb, 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 Use and Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Content caused damage to you or a third party. This defense and indemnification obligation will survive these Terms of Use and Service and your use of the Service.


12. 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 Use and Service, and to abide by and comply with these Terms of Use and 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.


13. Assignment These Terms of Use and Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.


14. General You agree that: (i) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VidWeb, either specific or general, in jurisdictions other than California. These Terms of Use and Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use and Service, together with the Privacy Notice at http://vidweb.com/en/privacy and any other legal notices published by Company on the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms of Use and Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Use and Service shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use and Service shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms of Use and Service at any time and without notice, and it is your responsibility to review these Terms of Use and Service for any changes. Your use of the Service following any amendment of these Terms of Use and Service will signify your assent to and acceptance of its revised terms. You and Company 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.