1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content available through the Dieogo.com domain name and any country-specific domains or subdomains thereof, the “Dieogo Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2)Dieogos’ privacy notice, found at http://blog.dieogo.com/privacy/ and incorporated here by reference. If you do not agree to any of these terms or the Dieogo privacy notice, please do not use the Dieogo Website.
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. Dieogo 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 this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Dieogo Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Dieogo Website includes all aspects of Dieogo, including but not limited to Dieogo channels, the Dieogo “Embeddable Player” and the Dieogo “Uploader.”
B. The Dieogo Website may contain links to third party websites that are not owned or controlled by Dieogo. Dieogo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Dieogo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Dieogo from any and all liability arising from your use of any third-party website.
3. Dieogo Accounts
A. In order to access some features of the Website, you will have to create a Dieogo account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dieogo immediately of any breach of security or unauthorized use of your account.
B. Although Dieogo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dieogo or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
Dieogo hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Dieogo’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Dieogo’s Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Dieogo Content through any technology or means other than the video playback pages of the Website itself, the Dieogo Embeddable Player, or other explicitly authorized means Dieogo may designate.
D. You agree not to use the Website, including the Dieogo Embeddable Player for any commercial use, without the prior written authorization of Dieogo. Prohibited commercial uses include any of the following actions taken without Dieogo’s express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Dieogo website or any third-party website, targeted to the content of specific User Submissions or Dieogo content;
* and any use of the Website or its related services (such as the Embeddable Player) that Dieogo finds, in its sole discretion, to use Dieogo’s resources or User Submissions with the effect of competing with or displacing the market for Dieogo, Dieogo content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
E. Prohibited commercial uses do not include:
* uploading an original video to Dieogo, or maintaining an original channel on Dieogo, to promote your business or artistic enterprise;
* using the Embeddable Player to show Dieogo videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Dieogo;
* any use that Dieogo expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the Dieogo Embeddable Player on your website, you must include a prominent link back to the Dieogo website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Dieogo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Dieogo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Dieogo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Dieogo Community Guidelines, and all applicable local, national, and international laws and regulations.
I. Dieogo reserves the right to discontinue any aspect of the Dieogo Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Dieogo Website.
A. The content on the Dieogo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Dieogo, subject to copyright and other intellectual property rights under the law.
IF YOU WISH TO PUBLISH, OUR GUIDELINES ARE AS FOLLOWS:
1. You may copy up to 50% of our articles with a ‘read more’ link that will direct people to the page on our site where the full article can be found.
2. Please include the name of our site and provide a direct link to the website AND the article.
Thanks for your cooperation and if you have any questions, please contact us
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the Dieogo Service; and
* for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Dieogo Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Dieogo Service. User Comments are made available “as is”, and may not be used, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, translated, published, performed or otherwise exploited in any manner not intended by the normal functionality of the Dieogo Service or otherwise as prohibited under this Agreement.
D. You may access Dieogo Content, User Submissions and other content only as permitted under this Agreement. Dieogo reserves all rights not expressly granted in and to the Dieogo Content and the Dieogo Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Dieogo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Dieogo Website or the Content therein.
G. You understand that when using the Dieogo Website, you will be exposed to User Submissions from a variety of sources, and that Dieogo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Dieogo with respect thereto, and agree to indemnify and hold Dieogo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Dieogo account holder you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Dieogo does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dieogo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Dieogo, you hereby grant Dieogo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Dieogo Website and Dieogo’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Dieogo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Dieogo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Dieogo Service. You understand and agree, however, that Dieogo may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Dieogo all of the license rights granted herein.
E. Dieogo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Dieogo expressly disclaims any and all liability in connection with User Submissions. Dieogo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Dieogo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights or contravenes any applicable privacy legislation. Dieogo reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Dieogo will terminate a User’s access to its Website if, under appropriate circumstances, the User is determined to be a repeat infringer.
B. Dieogo reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Dieogo may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Copyright Policy
A. Dieogo operates a clear copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party. Details of that policy can be found here http://blog.dieogo.com/copyright/.
B. As part of Dieogo’s copyright policy, Dieogo will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
9. Warranty and Condition Disclaimer
YOU AGREE THAT YOUR USE OF THE Dieogo WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Dieogo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. Dieogo MAKES NO WARRANTIES, CONDITIONS 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, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 Dieogo WEBSITE. Dieogo EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. Dieogo DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Dieogo WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Dieogo 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. Limitation of Liability
IN NO EVENT SHALL Dieogo, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 Dieogo WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Dieogo SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
Dieogo makes no representations that the Dieogo Website is appropriate or available for use in other locations. Those who access or use the Dieogo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Dieogo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Dieogo Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Dieogo Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, you affirm that you are over the age of 13, as the Dieogo Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Dieogo Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dieogo without restriction.
You agree that: (i) the Dieogo Website shall be deemed solely based in the country of The United States of America ; and (ii) the Dieogo Website shall be deemed a passive website that does not give rise to personal jurisdiction over Dieogo, either specific or general, in jurisdictions other than the country of The United States of America . Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the country of The United States of America , without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and Dieogo that arises in whole or in part from the Dieogo Website shall be decided exclusively by a court of competent jurisdiction located in the country of The United States of America . These Terms of Service, together with the Privacy Notice at http://blog.dieogo.com/privacy/ and any other legal notices published by Dieogo on the Website, shall constitute the entire agreement between you and Dieogo concerning the Dieogo Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Dieogo’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Dieogo reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Dieogo Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND Dieogo AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Dieogo WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only.
Les signataires confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.