TERMS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY. Noema (India) Private Limited (“Noema,” “V-IDEO,” “we,” or “us”) is engaged in a transformative educational project to create an archive of high quality short films on its website located at http://www.v-ideo.in.
1. Your Acceptance
- AGE REQUIREMENT: You must be at least 13 years old to use the V-IDEO website or any services provided to you on, from, or through the V-IDEO website (collectively the "Service"). If you are at least 13, but are still a minor in your jurisdiction, you must have your parent or legal guardian’s permission to use the Service. Please have him or her read these Terms of Service with you.
- NOTICE TO PARENTS AND GUARDIANS: If you are a parent or guardian of a user of the Service, please note that by granting your child permission to use the Service, you agree to these Terms of Service on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Service. If your child is using the Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
- WARNING: Even if you are old enough to use the Service and/or have your parent’s or guardian’s permission, some of the content available within the Service may not be appropriate for you. Some content may contain adult material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
- 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.v-ideo.in/terms). V-IDEO 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. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on or accessed through the Service. The Service includes all aspects of V-IDEO, including but not limited to all products, software and services offered via the V-IDEO website.
- The Service may contain links to third party websites that are not owned or controlled by V-IDEO. V-IDEO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, V-IDEO will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve V-IDEO from any and all liability arising from your use of any third-party website.
3. V-IDEO Accounts
- In order to access features of the Service, you will have to create a V-IDEO Account. You may never use another's account. When creating your account, you must provide accurate and complete information. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms of Service. You are solely responsible for the activity that occurs on your account, including any activity by unauthorized users, and you must keep your account password secure. You must notify V-IDEO immediately of any breach of security or unauthorized use of your account.
- We encourage you to use your real name. if you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
- Although V-IDEO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of V-IDEO or others due to such unauthorized use.
- Payment: If you purchase any of our paid Services (Individual or Organizational Subscription), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
4. Cancellation and Refund Policy
- Your paid subscription is non-cancellable and non-refundable. However, if you wish to discontinue the Service, you can do so by choosing not to pay from the next subscription cycle. You will be able to enjoy full access until the end of your paid subscription period, after which your account will be downgraded to the facilities of free account.
- If your account is suspended, disabled, deleted or otherwise terminated due to your breach of this Agreement, you will not be refunded any amounts paid towards subscription.
5. General Use of the Service—Permissions and RestrictionsV-IDEO 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 V-IDEO's prior written authorization.
- 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 or other explicitly authorized means V-IDEO may designate.
- You agree not to use the Service for any of the following commercial uses:
- The sale of access to the Service;
- The sale of advertising, sponsorships, or promotions placed on or within the Service or Content.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the that access the Service. 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) 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.
- V-IDEO reserves the right to discontinue any aspect of the Service at any time.
6. Your Use of ContentIn addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to V-IDEO, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. V-IDEO grants you a limited, non-exclusive licence to access and use the Service for your own personal, non-commercial purposes. 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. You shall not copy, reproduce, scrape, redistribute, create derivative works from, decompile, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of V-IDEO.V-IDEO 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 V-IDEO 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 V-IDEO with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless V-IDEO, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. Your Content and Conduct
- As a V-IDEO account holder you may submit Content to the Service, including user comments. You understand that V-IDEO 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.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to V-IDEO, you hereby grant V-IDEO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and V-IDEO'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 under these Terms of Service. 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 V-IDEO 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 applicable local, national, and international laws and regulations.
- You may not upload, post or transmit any video, image, text, audio recording, or other work that
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
- V-IDEO does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and V-IDEO expressly disclaims any and all liability in connection with Content. V-IDEO does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and V-IDEO will remove all Content if properly notified that such Content infringes on another's intellectual property rights. V-IDEO reserves the right to remove Content without prior notice.
8. Account Termination Policy
- These Terms of Service are binding on you with effect from the date you first use the Service and continue to do so as long as you have an account with us.
- V-IDEO may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if V-IDEO determines in its sole discretion that you have violated any provision of these Terms of Service or that your conduct or content would tend to damage V-IDEO’s reputation and goodwill. If V-IDEO deletes your account for the foregoing reasons, you may not re-register for the Service. V-IDEO may block your email address and Internet protocol address to prevent further registration.
- V-IDEO reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to obscenity, or excessive length. V-IDEO 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.
- Upon termination, all licences granted by V-DEO will terminate. In the event of account deletion for any reason, content that you submitted may no longer me available. V-IDEO shall not be responsible for the loss of such content.
9. Warranty DisclaimerYOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, V-IDEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, V-IDEO EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS 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. V-IDEO 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 V-IDEO 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 LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL V-IDEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES 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 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 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.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, V-IDEO LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT V-IDEO 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 V-IDEO from its facilities in the India. V-IDEO 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. IndemnityTo the extent permitted by applicable law, you agree to defend, indemnify and hold harmless V-IDEO, 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 Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) 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.
12. Ability to Accept Terms of ServiceYou affirm that you 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.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
13. AssignmentThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned or sublicensed by you, but may be assigned by V-IDEO without restriction.
14. GeneralYou agree that: (i) the Service shall be deemed solely based in Mumbai, India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over V-IDEO, either specific or general, in jurisdictions other than Mumbai, India. You agree that the laws of State of Maharashtra, India will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Mumbai, India. These Terms of Service shall constitute the entire agreement between you and V-IDEO concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and V-IDEO's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND V-IDEO 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.
Dated: 1 April 2016>