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Terms of use

Terms of Platform

Hello!

Our Platform

The Platform allows users to discover, watch and share videos and other content, provides a forum for business users to share and view videos, and acts as a distribution platform for original content creators and advertisers large and small.

Your Platform Provider

The entity providing the Platform is BisVue LLC.


Terms

Your use of the Platform is subject to these terms, the BisVue Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on BisVue Policies if you provide advertising or sponsorships to the Platform or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Platform.

Platform Requirements

Age Requirements
You must be at least 13 years old to use the Platform.


Businesses
If you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Platform

Content on the Platform

The content on the Platform includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, Platform marks, or logos), interactive features, software, metrics, and other materials whether provided by you, BisVue or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Platform. BisVue is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.

BisVue Accounts and BisVue Channels
You can use parts of the Platform, such as browsing and searching for Content, without having a BisVue account. However, you do need a BisVue account to use some features. With a BisVue account, you may be able to like videos, subscribe to channels, create your own BisVue channel, and more. You can follow these instructions to create a BisVue account.

Creating a BisVue channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). H

Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Platform.

We will process any audio or audiovisual content uploaded by you to the Platform in accordance with the BisVue Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.

Permissions and Restrictions
You may access and use the Platform as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show BisVue videos through the embeddable BisVue player.

The following restrictions apply to your use of the Platform. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Platform or any Content except: (a) as expressly authorized by the Platform; or (b) with prior written permission from BisVue and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Platform (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Platform or Content;
access the Platform using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with BisVue’s robots.txt file; or (b) with BisVue’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
use the Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Platform, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Platform that do not comply with BisVue’s contest policies and guidelines;
use the Platform to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Platform); or
use the Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Platform or Content, other than those allowed in the Advertising on BisVue policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Platform or where Content from the Platform is the primary basis for such sales (for example, selling ads on a webpage where BisVue videos are the main draw for users visiting the webpage).
Reservation

Using the Platform does not give you ownership of or rights to any aspect of the Platform, including user names or any other Content posted by others or BisVue.


Your Content and Conduct
Uploading Content

If you have a BisVue channel, you may be able to upload Content to the Platform. You may use your Content to promote your business. If you choose to upload Content, you must not submit to the Platform any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Platform. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to BisVue and other users of the Platform, as described below.

License to BisVue

By providing Content to the Platform, you grant to BisVue a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Platform and BisVue’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Platform.

License to Other Users

You also grant each other user of the Platform a worldwide, non-exclusive, royalty-free license to access your Content through the Platform, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Platform (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Platform.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Platform. You understand and agree, however, that BisVue may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Removing Your Content

You may remove your Content from the Platform at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By BisVue

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to BisVue, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for BisVue or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any user, other third party, BisVue or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.

Copyright Protection
If you believe your copyright has been infringed on the Platform, please send us a notice.

We respond to notices of alleged copyright infringement according to the process in our BisVue Copyright Center, where you can also find information about how to resolve a copyright strike. BisVue's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Platform.

Account Suspension & Termination
Terminations by You
You may stop using the Platform at any time.
Terminations and Suspensions by BisVue for Cause

BisVue may suspend or terminate your access, your BisVue account, or your BisVue account’s access to all or part of the Platform if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, BisVue or our Affiliates.


Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by BisVue unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for BisVue or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any user, other third party, BisVue or our Affiliates. Where BisVue is terminating your access for Platform changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Platform.

Effect of Account Suspension or Termination

If your BisVue account is terminated or your BisVue account’s access to the Platform is restricted, you may continue using certain aspects of the Platform (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your BisVue account has been terminated in error, you can appeal using this form.

About Software in the Platform
Downloadable Software
When the Platform requires or includes downloadable software (such as the BisVue Studio application), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, BisVue gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BisVue as part of the Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by BisVue, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have BisVue’s written permission.

Open Source
Some software used in our Platform may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND BisVue DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, BisVue, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR BisVue, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BisVue AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT BisVue HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO BisVue, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BisVue, its Affiliates, 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 Platform; (ii) your violation of any term of this Agreement; (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 this Agreement and your use of the Platform.

Third-Party Links
The Platform may contain links to third-party websites and online services that are not owned or controlled by BisVue. BisVue has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Platform; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Platform or for legal, regulatory, or security reasons. BisVue will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Platform or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Platform.

Continuation of this Agreement
If your use of the Platform ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law
All claims arising out of or relating to these terms or the Platform will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and BisVue consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND BisVue 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.