IntegriVideo shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these terms without notice or liability to you. Any changes to these terms shall be effective immediately following the posting of such changes on this web site.
You may not publish or transmit any content that we reasonably believe:
- constitutes child pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
- is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers;
18 U.S.C. 2257 COMPLIANCE
In compliance with the FEDERAL LABELLING AND RECORD-KEEPING LAW (also known as 18 U.S.C. 2257) all models located within your domain were 18 years of age or older at the time of photography. All models' proof of age is held by the custodian of your records. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.
You must have valid and current information on file with your domain name registrar for any domain hosted or used with the network or software.
Acceptable usage policy for hosting, sites, software and network email policy
- You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it;
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's our staff's requests to produce consent evidence within 72 hours of receipt of the request.
- You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established copyright law to copy the work in that manner.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using this network, please send your written notice of copyright infringement in a ticket. Your notice must include (or you must be able to provide) the following:
- 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 words at a single 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
- 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, the copyright owner's agent, or the law;
- 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.
Integration of the service on your product
- The Service includes branding for IntegriVideo. You agree not to remove, obscure, or alter any branding contained in the Service or any notice of any IntegriVideo Marks.
- Other than through the API configuration options provided by IntegriVideo, you may not, nor allow any third party to, alter, change or modify any user interface, feature or functionality of the Service without the express written consent of IntegriVideo.
- You may not nor allow any third party to, copy, reverse engineer, decompile or disassemble IntegriVideo's code, the Platform, or the Service, or build alternative methods to access the Service other than as provided through the Platform (except to the limited extent such restrictions are expressly prohibited by applicable statutory law).
- You agree to update code provided by IntegriVideo in connection with modifications to the Service or Platform in a reasonable and timely fashion after IntegriVideo makes them available.
- IntegriVideo may update files on our servers that will automatically change the functionality of the Platform or Service, and you consent to those updates.
- You will not obscure or cover any graphical element of the Service or otherwise interfere with the operation of the Platform or Service.
- When users interact with the Service, IntegriVideo receives and stores certain personally non-identifiable information as well as aggregated user information and statistics, such as number of unique users, number of sessions and total minutes streamed. IntegriVideo may store such information itself or such information may be stored by and shared with IntegriVideo affiliates, agents, service providers and current and prospective business partners. IntegriVideo uses the foregoing information to provide, improve, market and enhance its products and services and for other lawful business purposes.
- IntegriVideo reserves the right to place volume limitations on access to the Platform or Service. IntegriVideo reserves the right to cap concurrent video chat sessions conducted via Your Product in its discretion.
- These Terms do not entitle you to any support for the Platform or the Service, unless you make separate arrangements with IntegriVideo and pay all fees associated with such support (if any). Any such support provided by IntegriVideo shall be subject to the Terms as modified by the associated support agreement.
- You hereby grant IntegriVideo a limited, non-exclusive, non-transferable, non-sublicenseable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that you use the Platform and the Service.
- You may not sell or otherwise display any advertising, promotion or sponsorship within the Service (pre-roll, post-rolls).
- To the extent the Services or any portion thereof are made available for any fee, you agree to pay all applicable fees (including any minimum subscription fees) as set forth in the pricing section of our Website. We may increase or add new fees for any existing Service or Service feature by giving you notice. All fees payable by you are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) (“Additional Charges”), and you agree to bear and be responsible for the payment of all such Additional Charges, excluding taxes based upon IntegriVideo net income.
- We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required.
- Should you have any dispute as to fees associated with your account, please contact us at firstname.lastname@example.org. within 30 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.
- IntegriVideo monthly subscriptions auto-renew. If you want to cancel your renewal you must log in to your account to cancel your subscription at least 24 hours before your monthly renewal date. Please contact us if you have any questions.
Archiving and storage of recorded communications
You acknowledge and understand that there are federal, state, local and international laws governing the electronic recording of communications and that IntegriVideo will not be liable for any illegal use of the Service. You should carefully review your own circumstances when deciding whether to use the recording features of the Service and it is your responsibility to determine if the electronic recordings are legal under applicable federal and state laws. You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded. In addition, you acknowledge that the storage of recorded communications is not guaranteed by IntegriVideo and agree that IntegriVideo will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.
Your compliance obligations
- Monitoring and Abuse. IntegriVideo does not actively monitor the Service, but may elect to do so in its discretion. However, IntegriVideo will not be responsible for any claim based on any commentary or content posted in the Service by any user or any actions taken by any user of the Service, including any claim that the user content violates any person's rights or is defamatory, libelous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behavior in the Service in connection with Your Product. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that Your Product that implement the Service is at all times subject to terms and conditions binding on all users that are no less protective of IntegriVideo and the Platform (and no less restrictive) than these Terms.
- DMCA. You will maintain a policy for removing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- Content. You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials ("content") that you or any of Your Product users upload, store, post, publish, display or otherwise transmit or use (hereinafter, "post") in connection with the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by IntegriVideo. IntegriVideo reserves the right to investigate and take appropriate legal action against anyone who, in IntegriVideo’s sole discretion, violates these Terms, including without limitation, removing the offending content from the Service, suspending or terminating the access of such violators and reporting you to the law enforcement authorities. Without limiting the foregoing, you shall not (nor shall you allow any third party to) use the Service to:
- post any content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous or invasive of another’s privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or in the sole judgment of IntegriVideo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose IntegriVideo or its Platform users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Contact and Cooperation. You must be reachable during reasonable business hours for security questions or concerns through the contact information that you provided upon requesting your Platform key.
- Your Network. You will ensure that all networks, computer and operating systems, software and other systems used to operate Your Product employ security measures to prevent unauthorized access to or use of any user data and the Service. You must promptly report any security deficiencies in or intrusions to your systems to IntegriVideo at email@example.com.
- Disclaimer. You understand that the operation of the Service, including your (or your users’) content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to IntegriVideo’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. IntegriVideo will have no liability for any unauthorized access or use of any content, or any corruption, deletion, destruction or loss of any content. You further acknowledge and agree that IntegriVideo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of IntegriVideo, its users and the public.
- In addition to our rights to terminate or suspend Services to you as described in Section 13 below, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions").
Representations and warranties
You represent and warrant that: (a) you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content or data on Your Product or that is used or incorporated with the Service, and that neither Your Product nor any related content violate the rights of any third party (e.g. copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; (b) you have all necessary rights and authorizations to agree to these Terms and to use the Platform and the Service as contemplated by these Terms; and (c) your agreement and compliance with these Terms and use of the Platform and the Service will not violate any law, regulation or contractual obligation.
- You may terminate the Service at any time, for any or no reason, by deleting your account, unsubscribing from the Service, and disabling Your Product’s access of the Platform and use of the Service.
- We reserve the right to suspend or terminate your right and license to access or use any or all of the Platform and Service or terminate these Terms in their entirety (and, accordingly, your right to use the Service) at any time, for any or no reason by providing you thirty (30) days' advance notice in accordance with the notice provisions set forth in Section 18 below. If IntegriVideo determines that providing advance notice would negatively impact IntegriVideo‘s ability to provide Services, IntegriVideo may suspend your right and license to access or use any or all if the Platform and Service or terminate these Terms in their entirety (and, accordingly, cease providing all Services to you), with no notice.
- In addition, We may suspend your right and license to access and use the Platform and the Service or terminate these Terms in their entirety (and, accordingly, your right to use the Service), for cause effective as set forth below:
- Immediately upon notice if: (i) IntegriVideo determines that Your Product is harmful to or inconsistent with IntegriVideo 's reputation and goodwill, (ii) if you violate any provision of the Section 9 or we have reason to believe that you have violated any provision of Section 9, (iii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service; (iv) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (i) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
- Immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism.
- Five (5) days following our provision of notice to you if you breach any other provision of these Terms and fail, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
- Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
- Upon any termination of these Terms or your access to the Service, for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all rights and licenses granted by IntegriVideo to you herein shall terminate, (iii) you shall immediately remove the Service from Your Product and remove all copies of the Platform from all computers, hard drives, networks, and other storage media, (iv) all of your content on the Service (if any) may be permanently deleted by IntegriVideo.
No IntegriVideo warranties
IntegriVideo does not represent or warrant that the platform or the service complies with any legal requirements, is free of inaccuracies, errors, bugs, or interruptions (including without limitation service suspensions), or is reliable, accurate, complete, or otherwise valid. The platform and the service are provided "as is" and "as available" with no warranty, express or implied, of any kind and IntegriVideo expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, legality, availability, security, title and/or non-infringement. Your use of the platform and the service are at your own discretion and risk, and you will be solely responsible for any damage that results from their use, including, but not limited to, any damage to your computer system or loss or corruption of data.
Limitation of liability
IntegriVideo shall not, under any circumstances, be liable to you, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise) (i) for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the platform or the service, any service suspension, or any other pecuniary loss, whether or not IntegriVideo has been advised of the possibility of such damages, or (ii) for any amount in excess of $100.00 or, if greater, the fees paid by you to IntegriVideo in the six (6) month period prior to the date the claim arose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of section 14 and this section 15 may not apply to you.
Indemnity and waiver
You agree to indemnify, defend, and hold IntegriVideo and its affiliates, officers, directors, agents, service providers, partners, and employees harmless from any claim, demand or allegation made by any third party, and all related losses, damages, liabilities, costs and expenses (including attorneys' fees), that it is any way related to:
- your use of the Platform or the Service;
- use of the Service by the users of Your Product;
- Your Product, including any content, services or advertisements on Your Product or that you incorporate with the Service;
- any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service; and
- your breach of any representation, warranty or covenant included in these Terms.
- The foregoing indemnity provision shall be in addition to and not in lieu of any other indemnification obligations set forth in these Terms.
These Terms govern your use of the Platform and the Service and constitute the entire agreement between you and IntegriVideo regarding the subject matter hereof. These Terms supersede any prior agreements between you and IntegriVideo relating to your use of the Platform and the Service (including, but not limited to, any prior versions of these Terms). The failure of IntegriVideo to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision, and a waiver of any default is not a waiver of any other default. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and so that the other provisions of the Terms remain in full force and effect. All headings in the Terms are for convenience only and have no legal or contractual effect. The Terms are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without IntegriVideo's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. IntegriVideo expressly reserves and shall have the right to assign the Terms and to delegate any of its obligations hereunder.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of IntegriVideo. At its discretion, IntegriVideo may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. IntegriVideo does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that IntegriVideo shall not be held liable for any such updates, modiﬁcations, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modiﬁcations shall constitute your acceptance of such updates, changes and/or modiﬁcations, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in eﬀect. Should you not agree to the updated, revised or modiﬁed terms, you must stop using the provided Services forthwith.
We may send you any notices, including those regarding changes to these Terms, to the email address you provided when you requested your API key or through any other reasonable means. Any notices to IntegriVideo must be sent to firstname.lastname@example.org