VIDEOARTWORLD TERMS OF SERVICE:
By using or visiting the VideoArtWorld website you signify your agreement to these Terms of Service. If you do not agree to any of these terms, please do not use our services.
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 on our website. VideoArtWorld 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.
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 VideoArtWorld, including but not limited to all products, software and services offered via the VideoArtWorld website.
The Service may contain links to third party websites that are not owned or controlled by VideoArtWorld. VideoArtWorld has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VideoArtWorld will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve VideoArtWorld from any and all liability arising from your use of any third-party website.
3. VIDEOARTWORLD MEMBER ACCOUNTS
In order to access some features of the Service, you will have to create a VideoArtWorld Member 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 VideoArtWorld immediately of any breach of security or unauthorized use of your account.
Although VideoArtWorld will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VideoArtWorld or others due to such unauthorized use.
VideoArtWorld agrees to publish the images and information provided by the artist, under the sale and distribution rights by him stipulated, during the term while he is online, until either the artist or VideoArtWorld decides to cancel it or refuse to pay the platform services’ fees.
Initial term is one year, and is automatically renewed for subsequent periods unless ended by the client or VideoArtWorld.
The images and videos submitted to VideoArtWorld will be exposed on the website www.videoartworld.com. VideoArtWorld reserves the right to expose images and excerpts of the videos within third parties publications, such as in its channel account of www.youtube.com and www.vimeo.com for promotion purposes. VideoArtWorld does not retain any rights of publishing the images elsewhere without the artist’s written consent.. In any case they will be presented in the ways specified by the artist and appropriately credited.
VideoArtWorld reserves the right to reformat the data and images in order to accommodate it to the format of the site. VideoArtWorld reserves the right to put a common watermark on the right top of the images in order to protect the divulgation of the piece. VideoArtWorld reserves the right to distribute the pieces as per request of the artist, representative gallery and/or distributor company.
Payments are non refundable. VideoArtWorld may change the prices upon a renewal by informing the client with (at least) 60 days written notification. However prices may only change one time per year. For clients paying annually the agreement is fully earned since posting images on the, and is non-cancellable by the member. The client can however take down all the data and/or images submitted at any time.
VideoArtWorld can terminate this agreement in the event that the client fails to make a payment under this agreement when due, or is misusing or threatening to misuse the platform services.
Client represents and warrants that it has the right to publish the images and information supplied to VideoArtWorld, and that such images and information do not infringe on any third party’s rights and are not otherwise unlawful. Client shall defend, indemnify and hold harmless VideoArtWorld and its officers and directors from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto, including without limitation attorney’s fees, arising out of, based upon or resulting from any claim of any third party alleging infringement of any copyright trademarks, patent, trade secret, right of privacy, right of communication, right of exhibition, right of publicity, unfair competition, false advertising, libel or any other statutory or common law proprietary or civil right.
In no event shall, VideoArtWorld or any of their directors and officers, be liable to Client or to any other third party with respect to the subject matter of this agreement for any amount in excess of the aggregate amount VideoArtWorld has prior to such time collected from Client.
4. GENERAL USE OF THE SERVICE: PERMISSIONS AND RESTRICTIONS
VideoArtWorld hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without VideoArtWorld's prior written authorization, unless VideoArtWorld makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
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 VideoArtWorld may designate.
You agree not to use the Service for any of the following commercial uses:
Prohibited commercial uses do not include:
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 VideoArtWorld website.
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 VideoArtWorld 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, VideoArtWorld 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. VideoArtWorld 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.
In your use of the Service, you will comply with all applicable laws.
VideoArtWorld reserves the right to discontinue any aspect of the Service at any time.
5. YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The trademarks, service marks and logos on the Service, are property of VideoArtWorld and subject to copyright and other intellectual property rights under the law.
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 VideoArtWorld 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 the artist or the respective licensors of the Content. VideoArtWorld and its licensors reserve all rights not expressly granted in and to the Service and the Content.
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.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that VideoArtWorld 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 VideoArtWorld with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VideoArtWorld, 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
As a VideoArtWorld account holder you may submit Content to the Service, including videos and user comments. You understand that VideoArtWorld does not guarantee any confidentiality with respect to any Content you submit.
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 VideoArtWorld 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.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to VideoArtWorld, you hereby grant VideoArtWorld a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and VideoArtWorld'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 VideoArtWorld 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.
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 VideoArtWorld all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the VideoArtWorld content guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
VideoArtWorld does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VideoArtWorld expressly disclaims any and all liability in connection with Content. VideoArtWorld does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and VideoArtWorld will remove all Content if properly notified that such Content infringes on another's intellectual property rights. VideoArtWorld reserves the right to remove Content without prior notice.
7. MEMBER ACCOUNT TERMINATION POLICY
VideoArtWorld will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
VideoArtWorld 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. VideoArtWorld 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. COPYRIGHT INFRINGEMENTS:
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit us a notification by providing us with the following information in writing:
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send us a counter-notice containing the following information:
If a counter-notice is received by VideoArtWorld may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at VideoArtWorld's sole discretion.
9. WARRANTY DISCLAIMER
You agree that your use of the services shall be at your own sole risk. To the fullest extend permitted by law, VideoArtWorld, its directors, employees and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. VideoArtWorld makes no warranties or representations about the accuracy of completeness of this site’s content or the content of any sites linked to this site and assume no liability or responsibility for any errors, mistakes or inaccuracies of content, personal injury or property damage, or any nature whatsoever, resulting from your access to and use of our services, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our services, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our services by any third party, and/or any errors or omissions in any kind incurred as a result of the abuse of any content posted, emailed, transmitted, or otherwise made available via de services.
VideoArtWorld does not warrant, endorse, guarantee, or assume responsibility for any product or service advertise or offered by a third party through the services or featured in any banner or other advertising, and VideoArtWorld 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 produce 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 VideoArtWorld, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our services, any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our services by any third party, and/or 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 de 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 VideoArtWorld 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 VideoArtWorld from its facilities in Spain. VideoArtWorld 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 VideoArtWorld, its parent corporation, Digits Without Borders, its 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 your use of and access to the Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or 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.
Collect information: We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful, the people who matter most to you online, or which videos you might like.
You send us your information: If you want to take full advantage of the sharing features we offer, we will also ask you to create a publicly visible profile, which may include your name and photo, personal information, like your name, email address, telephone number or credit card to store with your account.
We collect and store your information in our secure servers.
You can access and update your information: You can review and control your information provided tied to your VideoArtWorld account by using your log-in dashboard. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical.
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
As administrator of your account you may be able to: view statistics regarding your account, change your account password, suspend or terminate your account access, access or retain information stored as part of your account, receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request, restrict your ability to delete or edit information or privacy settings.
Some of your information might be locally store on your own device using mechanisms such as browser web storage and application data caches.
Many of our services let you share information with others, but remember that when you share information publicly, it may be indexable by search engines, including Google. Our services provide you with different options on sharing and removing your content.
We do not share personal information with companies, organizations and individuals without your written consent to do so.
13. 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.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VideoArtWorld without restriction.
You agree that the Service shall be deemed solely based in Spain; and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VideoArtWorld, either specific or general, in jurisdictions other than Spain. These Terms of Service shall be governed by the internal substantive laws of Spain, without respect to its conflict of laws principles. Any claim or dispute between you and VideoArtWorld that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Spain. These Terms of Service shall constitute the entire agreement between you and VideoArtWorld concerning the Service. 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 VideoArtWorld's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. VideoArtWorld 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 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
You and VideoArtWorld agree that any cause of action arising out of or relating to the services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.