Note that the following terms of service are completed for the forthcoming VideoOut website and may contain information about services and functionality not yet realized on the current website. All the terms outlined below should be read and understood before using VideoOut knowing that the current site may be limited in functionality and knowing that the full list of services and functionality listed below will be fully realized at a later date.
1. Your Acceptance
2. 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.videoout.org/terms-of-service). VideoOut 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. 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, 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 VideoOut, including but not limited to all products, software, and services offered via the VideoOut website, such as the VideoOut content channels, the VideoOut “Embeddable Player,” the VideoOut “Uploader” and other applications even when those applications are bolstered by third-party technologies, like YouTube.
2. The Service may contain links to third party websites that are not owned or controlled by VideoOut. VideoOut has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, VideoOut will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve VideoOut from any and all liability arising from your use of any third-party website.
3. VideoOut Accounts
1. In order to access some features of the Service, you will have to create a VideoOut 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 VideoOut immediately of any breach of security or unauthorized use of your account.
2. Although VideoOut will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VideoOut or others due to such unauthorized use.
4. General Use of the Service – Permissions and Restrictions
1. You agree not to distribute in any medium any part of the Service or the Content without VideoOut’s prior written authorization, unless VideoOut makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
2. You agree not to alter or modify any part of the Service.
3. 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 VideoOut may designate.
4. You agree not to use the Service for any of the following commercial uses unless you obtain VideoOut’s prior written approval:
• The sale of access to the Service;
• The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
• 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 VideoOut appears on the same page and is of sufficient value to be the basis for such sales.
5. Prohibited commercial uses do not include:
• uploading an original coming out story video to VideoOut, to promote your own personal story;
• showing VideoOut videos through an Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
• any use that VideoOut expressly authorizes in writing.
6. (For more information about what constitutes a prohibited commercial use, contact us.)
7. If you use an 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 VideoOut or its owned channels, like YouTube.
8. If you use the VideoOut Uploader, you agree that it may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit VideoOut to deliver these to you) as part of your use of the Uploader.
9. 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 the VideoOut 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, VideoOut 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. VideoOut 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.
10. In your use of the Service, you will comply with all applicable laws.
11. In your use of the Service,VideoOut reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to VideoOut, subject to copyright and other intellectual property rights under the law.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by VideoOut 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 VideoOut or the respective licensors of the Content. VideoOut and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. 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. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that VideoOut 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 VideoOut with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VideoOut, 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. Your Content and Conduct
1. As a VideoOut account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to VideoOut all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to VideoOut, you hereby grant VideoOut a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and VideoOut’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that VideoOut may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VideoOut all of the license rights granted herein.
5. You further agree that you will not submit to the Service any Content or other material that is contrary to the VideoOut Community Guidelines, currently found at http://www.videoout.org/community-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
6. VideoOut does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VideoOut expressly disclaims any and all liability in connection with Content. VideoOut does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and VideoOut will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. VideoOut reserves the right to remove Content without prior notice.
7. VideoOut is a story sharing platform and thereby exposes individuals to a public audience. Hate speech, threats, and content aimed at belittling, disparaging, and/or denigrating another person will not be tolerated, and VideoOut retains the right to determine which content should be removed for this reason, and the ability to remove content without notice or warning.
7. Account Termination Policy
1. VideoOut will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. VideoOut 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. VideoOut 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.
8. Warranty Disclaimer
9. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT VIDEOOUT 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 VideoOut from its facilities in the United States of America. VideoOut 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.