These Vidoyen Terms of Use ("Agreement") govern your use of the website located at www.vidoyen.com ("Website") owned and operated by Vidoyen Inc. ("Vidoyen"), including without limitation all related services and technology ("Vidoyen Platform") and content ("Content") made available on the Website, whether as a Vidoyen user ("User") and/or contributor ("Contributor"). This Agreement constitutes a legally binding agreement between you and Vidoyen. Vidoyen may modify parts of this Agreement from time to time but will provide you with notice and an opportunity to accept such modifications. Please also refer to the Vidoyen Privacy Policy at (www.vidoyen.com/privacy).
Vidoyen grants you as a Contributor a limited license to use the Vidoyen Platform to review questions posed to you by Users of the Website and upload original video responses recorded by you ("V-logs") to the Website as implemented by Vidoyen subject to the terms and conditions of this Agreement and any general policies posted on the Website.
Vidoyen grants you as a User a limited license to use the Vidoyen Platform to post questions to Contributors and view and share such V-logs as implemented by Vidoyen subject to the terms and conditions of this Agreement and any general policies posted on the Website.
As a Contributor or User you will own and retain copyright in all the V-logs and content you upload or contribute to the Website.
As a Contributor you hereby grant Vidoyen a worldwide, perpetual, royalty-free license (including the right to sublicense) to use, edit, display, copy, modify, create derivative works or compilations from, perform, adapt, publish, transmit, and distribute your V-logs and other contributed content in any and all forms or formats, and via any means, media or distribution methods, now known or later developed.
As a User you hereby grant Vidoyen a worldwide, perpetual, royalty-free, license to use, edit, display, copy, modify, create derivative works or compilations from, perform, adapt, publish, transmit, and distribute your questions and other contributed content in any and all forms or formats, and via any means, media or distribution methods, now known or later developed.
Vidoyen is a website that provides answers via V-logs to questions posted by Users. The V-logs are provided for convenience and informational purposes only and for your non-commercial and personal use only. The Content provided in a V-log is not intended to be a comprehensive, researched or detailed statement concerning any matters addressed and should not be used or construed as a substitute for independent or contracted research services or other forms of professional or considered advice. You should apply your own judgment in making use of any V-log as the basis for drawing any conclusions. You acknowledge that Vidoyen does not pre-screen or control the V-logs posted by Contributors on the Website and makes no representation or warranty whatsoever regarding the V-logs or their accuracy, completeness or timeliness.
Under no circumstances will Vidoyen be liable in any way in relation to any V-log, including, but not limited to, for any errors or omissions in any V-log, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any V-log.
You acknowledge and agree that Vidoyen reserves the right at any time to modify, remove or discontinue the Website or any Content (including any V-log), in whole or part, without notice to you, and that Vidoyen will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification, removal or discontinuance.
Vidoyen is about expert video content. As a Contributor, your Vlogs should relate to your area of expertise and knowledge. Without limitation, Vidoyen reserves the right to remove any Vlog, with or without notice to you, that is not in your area of expertise as a Contributor, is based on personal opinion or experience, is unsupported by any evidence or facts, or is of a personal nature. Further, Vidoyen may remove any Vlog, with or without notice to you, that contains content that (a) is defamatory, (b) is illegal in any jurisdiction, (c) is actually or potentially infringing of a third party’s rights, including intellectual property or privacy rights, (d) is pornographic or sexually explicit, (e) contains hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation or gender identity), (f) contains graphic or gratuitous violence, or (g) is otherwise in bad taste. Any violation of the foregoing may also lead to account suspension or deletion, in Vidoyen’s sole discretion.
You are permitted to view V-logs on the Website subject to your compliance with the terms and conditions of this Agreement. You may share the V-logs via tools approved, displayed and provided on the Website, solely for your lawful and personal use, provided that you do not modify or remove any portion of the V-log and you do not remove or alter any visible or non-visible identification, logos, marks, notices, or disclaimers.
The V-logs may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of Vidoyen.
You may not download any V-logs, or scrape, copy or frame any Content or V-log, or part thereof, for downloading or viewing on any device; the foregoing activities are strictly prohibited and will be vigorously pursued by Vidoyen via all legal avenues. Vidoyen permits other sites to link to Vidoyen, however Vidoyen reserves the right to cancel and revoke such permission at any time, for any reason, without any notice, and without any liability to such party or any other person.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VIDOYEN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT.
IN NO EVENT SHALL VIDOYEN BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF USE, PROFITS, SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE IN ANY DEGREE) OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, NOTWITHSTANDING THAT VIDOYEN MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Vidoyen and its related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your breach of this Agreement, or your placement, posting or transmission of any message, information, software or other content on or through the Website. Further, you will assist and cooperate as fully as reasonably required by Vidoyen in the defence of any such claim or demand.
Vidoyen, and its licensors and suppliers, as applicable, own all right, title, and interest in and to the Website, including without limitation all Content (excluding the V-logs which are used subject to license) and the Vidoyen Platform. You acknowledge that the Content and Vidoyen Platform is protected by copyright, patent, trademark, trade secret, and other applicable intellectual property laws. Your use of the Website does not grant or transfer to you any ownership or other rights in or to the Website, and except as expressly provided under the limited license to the Vidoyen Platform under this Agreement, nothing shall be construed as conferring to you any license under any of Vidoyen's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to rent, lease, loan, copy, download, display, perform, reproduce, distribute, sell, modify, edit, alter or enhance any of the Content (including the V-logs), or part thereof, or Vidoyen Platform, or part thereof, in any manner. You agree not to access the Website by any means other than through any interface that is approved by Vidoyen for use in accessing the Website.
All Content on the Website is subject to copyright protection: "Copyright © 2017 Vidoyen Inc." You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Websites and maintain such notices in the Content.
VIDOYEN is a registered business name and trademark of Vidoyen. All other products, services, brands, company names and logos used on the Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website without the express written consent of Vidoyen or the owner of the mark, respectively, is strictly prohibited.
In order to access certain parts of the Website, such as having the ability to submit questions and submitting V-logs as a Contributor, you will have to register as a user with Vidoyen. During registration for a Vidoyen user account, you will select a password. You agree that you are solely responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Vidoyen of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Vidoyen will not be liable for any loss or damage arising from your failure to comply with this section.
Vidoyen collects, uses, and discloses your personal information in accordance with its Privacy Policy. By accepting this Agreement, and each time you use a Website, you consent to Vidoyen’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.
These Terms of Use shall be interpreted in accordance with the laws of the Province of Ontario (Canada) and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby submit to the non-exclusive jurisdiction of the provincial and federal courts in the City of Toronto in relation to all disputes arising from or related to your use of the Website.
If you breach any provision of these Terms of Use, you may no longer use the Website, and Vidoyen reserves the right to block your access to the Website. If this Agreement or your permission to use the Website is terminated, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to or arising from such use. If you are dissatisfied with the Website or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of Vidoyen in operating the Website, your sole and exclusive remedy is to discontinue using the Website. The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.
This Agreement constitutes the entire agreement between Vidoyen and you pertaining to your use of the Website and supersedes any prior agreements between you and Vidoyen. Vidoyen's failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute, or be construed as, a waiver of such right or provision. If any provision or part thereof, in this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and Vidoyen are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website. The provisions of this Agreement shall enure to the benefit of, and be binding upon, Vidoyen and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement. Vidoyen may assign this Agreement and its rights and obligations under this agreement without your consent. Any rights not expressly granted by this Agreement are reserved to Vidoyen. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.
Last updated on March 18, 2014
