For Channel Owners using the Vidiac Enhanced Service
To receive an Enhanced video portal from Vidiac you must agree to
and abide by the following terms and conditions of service.
Unless specifically noted under a separate agreement, the following
statements apply to all Vidiac Partners who receive free or commission
based Vidiac Service.
1. Acceptance of terms
Vidiac provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version
of the TOS at any time at: http://www.vidiac.com/enhancedagreement.aspx.
Vidiac may also offer other services that are governed by different
Terms of Service. For instance Agent agreements, or separate Partner
Agreements with other communities.
1.1 Qualifications for Service
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Vidiac has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Vidiac has the right to suspend or terminate
your account, remove your videos and refuse any and all current or future
use of the Service (or any portion thereof).
1.2 Agreement Term
You agree that so long as Vidiac is providing service to you, that
you will adhere to the terms of this document.
2.0 Description of Service
Vidiac manages and maintains the software and infrastructure of a video
portal for your use and the use of your members. This service is branded
by your company, and use and content is under your control and jurisdiction.
You agree that in order to provide this service Vidiac will charge a
utilization fee. You agree to pay any fees in a timely manner and failure
to provide payment can result in a collection.
Current system utilization rates are provided at http://www.vidiac.com/enhanced.aspx
2.0.1 Payment terms
Billing is calculated based on your planned utilization of the system.
Commitments are pre-paid at the begriming of each month and are due
no later than the 15th of the month. A 10% penalty will be accessed
for payment received after the 15th of the month but before the end
of the month. If payment for a commitment is not received in the month
of use, then all streams for that month will be treated as uncommitted
streaming.
Commitment charges help Vidiac capacity planning. Committed
use is discounted use.
2.0.2 Uncommitted use
Vidiac allows you to stream without commitment at an uncommitted rate.
As part of your set up package you will agree to a policy for video
streaming past your commitment rate. These options include, paying for
use at the uncommitted rate, disabling of system above utilization and
temporary migration to Vidiac Free service. These options are provided
as a courtesy to you and Vidiac will endeavor to keep Enhanced customers
aware of any planned changes or modifications to this policy.
2.1.1 Ownership of Content
All content uploaded to Vidiac servers is the property of the creator
of that content. You make no claims of ownership to any video or media,
uploaded to our servers with the exception of media you have created
yourself and own right to prior to upload. All users uploading content
whether your users our your company or person will be done so under
the terms of the User Agreement. A copy of the user agreement is kept
here:
http;//www.vidiac.com/useragreement.aspx
2.1.2 Distribution Rights of Content
If a customer elects to pay for distribution rights of content, then
Vidiac will be restricted to serving videos uploaded to customer site
to only be published on that same customer site. This restriction does
not apply for duplicate videos uploaded to other sites, or content explicit
shared with another channel by the content owner.
Copyright will always remain with the creator of the content. In a
dispute between Vidiac and Customer, the content creator is the final
authority for distribution. Otherwise Vidiac will restrict syndication
as the customer sees fit if the customer elects this option.
Distribution Rights only apply to videos uploaded while this fee is
in effect. Video uploaded prior or following exercise of this option
will not be considered part of the rights.
2.1.3 Waiving of Distribution Rights
Customers that do not elect optional Distribution Rights forfeit claim
to section 2.1.2.
2.2 Moderation of Content
You agree that you will be responsible for the quality and contents
of all videos uploaded to the system.
3. Use of the System
You agree to manage and maintain content on the system in a legal manner.
You further agree that Vidiac is not liable for content uploaded and
distributed by you and your members. Vidiac provides no service level
agreement on the availability, quality or performance of service, but
will endeavor to provide a best effort service to you and your members.
You agree that Vidiac is not liable for damages that can arise from
(but are not limited to), loss of business, subject matter of content
or copyright violation.
4. Cancellation Policy
You are free to cancel your Vidiac Service at any time. Cancellation
requests must be sent via email from the contact address for the account
to sales@vidiac.com. A confirmation message will be sent back to this
address to confirm cancellation and avoid abuse. Cancellation will be
effective the last day of the month for the month of cancellation. At
time of notice, if you have not elected distribution rights detailed
in section 2.1.2, you forfeit management rights to any content uploaded
to the system, and acknowledge Vidiac has the right to migrate such
content to another web site portal to insure continuity of service to
the users.
5. Account Deactivation and Removal Policy
We reserve the right to temporarily deactivate or permanently remove
any Vidiac Partner account at any time. Reasons for this action may
include but are not limited to: illicit activity, illegal or unacceptable
site content, copyright infringement, and network or server abuse.
6. Terms of Service and Disclaimer of Liability
Although Vidiac attempts to ensure that service is available at all
times, service is provided "AS-IS" with no guarantee nor responsibility
for the timeliness, deletion, mis-delivery or failure to deliver any
user communications or site content. However, you are free to cancel
service at any time. Vidiac disclaims liability for any implied warranties
of merchantability or fitness for a particular purpose or for any indirect
special or consequential damages associated with Vidiac service or content.
You are responsible for obtaining access to the service and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements or other content. In
addition, you must provide and are responsible for all equipment necessary
to access the service.
7. Copyright Notice Display Policy
The Powered by Vidiac messages at the bottom of every Vidiac page are
mandatory; they must remain intact and visible. However, removal of
these notices may be allowed for at additional monthly cost. Consult
the Enhanced Service pricing schedule for current copyright removal
cost. Attempts to circumvent the display of copyright notices (including,
but not limited to setting page foreground and background color to make
text invisible) implies purchase of the copyright removal and associated
fees. Failure to comply constitutes grounds for account deactivation.
8. Server Downtime Policy
While Vidiac attempts to maintain 100% server uptime, we reserve the
right to schedule routine maintenance on our servers. Maintenance may
affect the availability of service for short periods of time. All Vidiac
partners will be notified in advance of any foreseeable service interruption.
We disclaim liability for server downtime as stated in the Disclaimer
of Liability above.
9. Advertisements on Vidiac
By electing Enhanced Service Vidiac will allow customer to run advertising
campaigns inside the Vidiac interface if so desired.
10. Legal Use of the System
Vidiac respects the rights of copyright holders. As a user of this
system you agree to use this service in accordance with the laws of
the United States. This includes but is not limited to use of copyrighted
or trademark material. If someone claims you are infringing on their
copyrights or trademarks, Vidiac may and without warning to you remove
such content.
Vidiac is under no obligation to mediate or otherwise become involved
in any dispute between you and copyright holders or other participants
of this site. In the case of an investigation by authorities, Vidiac
will cooperate with any legal investigation including but not limited
to providing system logs of investigated activities.
Pornography, illegal, illicit or immoral activities are not allowed
on this service. Vidiac reserves the right to define what is pornography,
illegal, illicit or immoral activities for any media stored on this
service and may without notice to you remove such content at our discretion.
As a Vidiac Partner, you agree to insure the legality of any content
uploaded to your Vidiac service site.
Vidiac may and without warning to you remove materials, services, or
media you have stored from our system for any reason and without warning
to you. Additionally Vidiac is allowed to modify your content in such
a way as to be optimized for service delivery reasons. Vidiac will make
every attempt to provide a quality, enjoyable service and is allowed
to make changes to the system and to your hosted content to insure this
objective.
11. Vidiac Portal Interface and Functionality
Vidiac is always striving to create a reliable, powerful and easy to
use video portal. As such Vidiac reserves the right to make changes
to the interface, functionality and capabilities of the system in order
to optimize the service, increase functionality or insure server performance.
Vidiac will endeavor to notify all of our partners in a timely manner
of any planned interface changes, or future functionality of the site
that in development. However, some changes may be made without your
consent or notification if Vidiac is making a network wide service change.
If you make a change to the base system templates it is your obligation
to make sure that your modifications work with existing and future Vidiac
portal functionality.
11.1. Shared Credit for Traffic to Vidiac powered Web Sites
Vidiac will receive credit for any page view, video stream, unique
visitor and any other performance metric served from Vidiac Service.
You may still claim traffic to your vidiac powered site for your own
reporting purposes but by accepting the terms of this agreement you
allow Vidiac to report traffic to your Vidiac powered site as "Vidiac
Traffic" to reporting agencies such as but not limited to Nielson,
Alexa, Netcraft or other reporting sites.
12. Definitions
The Customer, Customer, Vidiac Partner, Partner: A web site owner that
operates a Vidiac video portal. This includes but is not limited to
any person that operates a web site with Vidiac software providing video
content management.
Vidiac Software, Vidiac Service, the system: Any code, service or community
that operates under Vidiac Inc application management. This includes
but is not limited to any web site domain you the Vidiac partner have
pointed to the Vidiac servers for Vidiac Service ennoblement.