Terms of Service
1. Your Acceptance
- By using and/or visiting this website (collectively, including all
content and functionality available through the TeamVideoRoom.com domain
name, the "TeamVideoRoom Website", or "Website"), you signify your
agreement to (1) these terms and conditions (the "Terms of Service"),
(2)TeamVideoRoom's privacy policy, found at
http://www.teamvideoroom.com/welcome/privacy and incorporated here by
reference. If you do not agree to any of these terms, the TeamVideoRoom
privacy policy, please do not use the TeamVideoRoom Website.
- 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 http://www.teamvideoroom.com/welcome/tos). TeamVideoRoom 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 this Agreement shall be deemed to confer any third-party rights
or benefits.
2. TeamVideoRoom Website
- These Terms of Service apply to all users of the TeamVideoRoom
Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The
TeamVideoRoom Website includes all aspects of TeamVideoRoom, including but
not limited to all products, software and services offered via the
website.
- The TeamVideoRoom Website may contain links to third
party websites that are not owned or controlled by TeamVideoRoom.
TeamVideoRoom has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party websites. In
addition, TeamVideoRoom will not and cannot censor or edit the content of
any third-party site. By using the Website, you expressly relieve
TeamVideoRoom 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
TeamVideoRoom Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3. TeamVideoRoom Accounts
- In order to access some features of the Website, you will have to
create a TeamVideoRoom account. 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 TeamVideoRoom immediately of any breach of security or
unauthorized use of your account.
- Although TeamVideoRoom will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
TeamVideoRoom or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
TeamVideoRoom hereby grants you permission to access and use the Website as
set forth in these Terms of Service, provided that:
- You agree not to access User Submissions (defined below) or TeamVideoRoom
Content through any technology or means other than the video playback pages
of the Website itself or other explicitly authorized means TeamVideoRoom may
designate.
- You agree not to use the Website without the prior written authorization
of TeamVideoRoom. Prohibited commercial uses include any of the following
actions taken without TeamVideoRoom's express approval:
- use of the Website or its related services for the primary purpose of
gaining advertising or subscription revenue;
- the sale of advertising, on the TeamVideoRoom website or any
third-party website, targeted to the content of specific User
Submissions or TeamVideoRoom content;
- and any use of the Website or its related services that TeamVideoRoom
finds, in its sole discretion, to use TeamVideoRoom's resources or User
Submissions with the effect of competing with or displacing the market
for TeamVideoRoom, TeamVideoRoom content, or its User Submissions. (For
more information about prohibited commercial uses, see our FAQ.)
- Prohibited commercial uses do not include:
- any use that TeamVideoRoom expressly authorizes in writing.
- You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers," that
accesses the Website in a manner that sends more request messages to
the TeamVideoRoom 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, TeamVideoRoom 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.
TeamVideoRoom 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 Website, nor to use the communication systems provided by the
Website (e.g. comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users
of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms
and conditions of these Terms of Service, TeamVideoRoom Community
Guidelines, and all applicable local, national, and international laws
and regulations.
- TeamVideoRoom reserves the right to discontinue any aspect of the
TeamVideoRoom Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions
and conditions apply specifically to your use of content on the
TeamVideoRoom Website.
- The content on the TeamVideoRoom Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to
TeamVideoRoom, subject to copyright and other intellectual property
rights under the law. Content on the Website is provided to you AS IS
for your information and personal use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners.
TeamVideoRoom reserves all rights not expressly granted in and to the
Website and the Content.
- You may access User Submissions for your information and personal use
solely as intended through the provided functionality of the
TeamVideoRoom Website. You shall not copy or download any User
Submission unless you see a “download” or similar link displayed by
TeamVideoRoom on the TeamVideoRoom Website for that User
Submission.
- User Comments are made available to you for your information and
personal use solely as intended through the normal functionality of the
TeamVideoRoom Website. User Comments are made available "as is", and
may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, downloaded, or otherwise
exploited in any manner not intended by the normal functionality of the
TeamVideoRoom Website or otherwise as prohibited under this Agreement.
- You may access TeamVideoRoom Content, User Submissions and other
content only as permitted under this Agreement. TeamVideoRoom reserves
all rights not expressly granted in and to the TeamVideoRoom Content
and the TeamVideoRoom Website.
- You agree to not engage in the use, copying, or distribution of any
of the Content other than expressly permitted herein, including any
use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes.
- You
agree not to circumvent, disable or otherwise interfere with
security-related features of the TeamVideoRoom Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the TeamVideoRoom Website or the Content therein.
- You understand that when using the TeamVideoRoom Website, you
will be exposed to User Submissions from a variety of sources, and that
TeamVideoRoom is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are 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
TeamVideoRoom with respect thereto, and agree to indemnify and hold
TeamVideoRoom, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
6. Your User Submissions and Conduct
- As a TeamVideoRoom
account holder you may submit video content ("User Videos") and textual
content ("User Comments"). User Videos and User Comments are
collectively referred to as "User Submissions." You understand that
whether or not such User Submissions are published, TeamVideoRoom does
not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize TeamVideoRoom to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to TeamVideoRoom,
you hereby grant TeamVideoRoom a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the TeamVideoRoom
Website and TeamVideoRoom's (and its successors' and affiliates')
business, including without limitation for promoting and redistributing
part or all of the TeamVideoRoom Website (and derivative works thereof)
in any media formats and through any media channels. You also hereby
grant each user of the TeamVideoRoom Website a non-exclusive license to
access your User Submissions through the Website, and to use,
reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Website and under these
Terms of Service. The above licenses granted by you in User Videos
terminate within a commercially reasonable time after you remove or
delete your User Videos from the TeamVideoRoom Website. You understand
and agree, however, that TeamVideoRoom may retain, but not display,
distribute, or perform, server copies of User Submissions that have
been removed or deleted. The above licenses granted by you in User
Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will
not submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
TeamVideoRoom all of the license rights granted herein.
- TeamVideoRoom does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and TeamVideoRoom
expressly disclaims any and all liability in connection with User
Submissions. TeamVideoRoom does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and TeamVideoRoom will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. TeamVideoRoom reserves the
right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
- TeamVideoRoom will terminate a User's access to its Website if,
under appropriate circumstances, they are determined to be a repeat
infringer.
- TeamVideoRoom reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length.
TeamVideoRoom may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole
discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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;
- Information
reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an
electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TEAMVIDEOROOM WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEAMVIDEOROOM, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
TEAMVIDEOROOM 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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
TEAMVIDEOROOM WEBSITE. TEAMVIDEOROOM DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE TEAMVIDEOROOM WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
TEAMVIDEOROOM 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 TEAMVIDEOROOM, 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 OUR WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
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 TEAMVIDEOROOM WEBSITE, 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 TEAMVIDEOROOM SHALL NOT BE LIABLE FOR
USER SUBMISSIONS 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 Website is controlled and offered by TeamVideoRoom from its
facilities in the United States of America. TeamVideoRoom makes no
representations that the TeamVideoRoom Website is appropriate or
available for use in other locations. Those who access or use the
TeamVideoRoom Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless TeamVideoRoom, 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 TeamVideoRoom
Website; (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 one of your
User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your
use of the TeamVideoRoom Website.
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 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
TeamVideoRoom Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the TeamVideoRoom Website.
There are lots of other great web sites for you. Talk to your parents
about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by
TeamVideoRoom without restriction.
14. General
You agree that: (i) the TeamVideoRoom Website shall be deemed solely
based in California; and (ii) the TeamVideoRoom Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
TeamVideoRoom, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal
substantive laws of the State of California, without respect to its
conflict of laws principles. Any claim or dispute between you and
TeamVideoRoom that arises in whole or in part from your use of the
TeamVideoRoom Website shall be decided exclusively by a court of
competent jurisdiction located in Alameda County, California. These Terms
of Service, together with the Privacy Notice at
http://www.teamvideoroom.com/welcome/privacy and any other legal notices
published by TeamVideoRoom on the Website, shall constitute the entire
agreement between you and TeamVideoRoom concerning the TeamVideoRoom
Website. If any provision of these Terms of 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
Service, which shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and TeamVideoRoom's
failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. TeamVideoRoom
reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of
Service for any changes. Your use of the TeamVideoRoom Website following
any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND TEAMVIDEOROOM AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TEAMVIDEOROOM WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.