Terms of Service

 

1. Acceptance

  1. By using or visiting the Visib website or any Visib products, software, data feeds, and services provided to you on, from, or through the Visib website (collectively the "Service"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Visib's privacy policy, found at www.visib.com/privacy  (the “Privacy Policy”) and incorporated herein by reference. If you do not agree to any of these terms or the Visib privacy notice, please do not use the Service.

  2. 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 available at, www.visib.com/terms . Visib 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.

2. Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Visib, including but not limited to all products, software and services offered via the Visib website, such as the Visib channels, the Visib "Embeddable Player," the Visib "Uploader" and other applications.

  2. The Service may contain links to third party websites that are not owned or controlled by Visib. Visib has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Visib will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Visib from any and all liability arising from your use of any third-party website.

  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. Visib Privacy Policy

  1. Registration Data (as defined herein) and certain other information about you is subject to our Privacy Policy. You understand that though your use of the service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to other countries for storage, processing and use by Visib and its affiliates in order to provide the service to you.

  2. The user I.D. associated with your account is the property of Visib or its affiliates, and not your personal information.

4. Visib Registration Obligation and Accounts

  1. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree that you will have to create a Visib account. You may never use another's account without permission. When creating your account, you must (a) provide true, current, accurate and complete information as may be prompted by the Service’s registration from (such information being, the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Visib immediately of any breach of security or unauthorized use of your account.

  2. Although Visib will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Visib or others due to such unauthorized use.

5. Member Account, Password and Security

  1. If you provide any information that is untrue, inaccurate, not current or incomplete, or Visib has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Visib has the right to suspend or terminate your account and refuse any and al current and future use of the service (or any portion thereof)

6. General Use of the Service—Permissions and Restrictions

Visib hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Visib's prior written authorization, unless Visib makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).

  2. You agree not to alter or modify, reverse engineer, translate, decompile, copy, create a derivative work of, or, modify, reproduce, rent, sublicense, publish, post, transmit, loan, distribute or otherwise dispose of any part of the Service.

  3. You agree not to access Content or other programming areas of the service through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Visib may designate.

  4. You agree not to use the Service for any of the following commercial uses unless you obtain Visib's prior written approval:

    • the sale of access to the Service;

    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Visib appears on the same page and is of sufficient value to be the basis for such sales.

  5. Prohibited commercial uses do not include:

    • uploading an original video to Visib, or maintaining an original channel on Visib, to promote or advertise your business or artistic enterprise;

    • showing Visib videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 6.D; or

    • any use that Visib expressly authorizes in writing.

  6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Visib website.

  7. If you use the Visib Uploader, you agree that it may automatically download and install updates from time to time from Visib. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Visib to deliver these to you) as part of your use of the Uploader.

  8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Visib 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, Visib 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. Visib 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes..

  9. In your use of the Service, you will comply with all applicable laws.

  10. Visib reserves the right to discontinue any aspect of the Service at any time.

7. Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Visib, subject to copyright and other intellectual property rights under the law.

  2. Content is provided to you AS IS. 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 unless you see a “download” or similar link displayed by Visib on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Visib or the respective licensors of the Content. Visib and its licensors reserve all rights not expressly granted in and to the Service and the Content.

  3. 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.

  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Visib 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 Visib with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Visib, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

8. Content and Conduct

  1. As a Visib account holder you may submit Content to the Service, including videos, photos and user comments. You understand that Visib does not guarantee any confidentiality with respect to any Content you submit.

  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Visib all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Visib, you hereby grant Visib a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Visib'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, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video and photo Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos or photos from the Service. You understand and agree, however, that Visib may retain, but not display, distribute, or perform, server copies of your videos and photos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

  4. 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 Visib all of the license rights granted herein.

  5. You further agree that you will not submit to the Service any Content or other material that is offensive or harmful in any way including, without limitation, the following:

(i)            posting videos or photos displaying things like nudity, sexual activity, sexual content of any nature or kind whatsoever, animal abuse, drug abuse, or bomb making;

(ii)           graphic or gratuitous violence is not allowed. If your video or photos shows someone getting hurt, attacked, or humiliated, don't post it;

(iii)          gross-out videos or photos of accidents, dead bodies and similar things;

(iv)          videos you did not make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

(v)           hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity);

(vi)          any submission that is predatory behavior, stalking, threatening, harassment, invading privacy, or revealing of other members' personal information. Anyone caught doing these things may be permanently banned from Visib;

(vii)         creating misleading descriptions, tags, titles or thumbnails in order to increase views. You are prohibited from posting large amounts of untargeted, unwanted or repetitive content, including comments and private messages; or

(viii)          contrary to applicable local, national, and international laws and regulations.

  1. Visib does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Visib expressly disclaims any and all liability in connection with Content. Visib does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Visib will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Visib reserves the right to remove Content without prior notice.

9. Account Termination Policy

  1. Visib will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

  2. Visib reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Visib 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.

10. Copyright Policy

  1. Visib operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.

  2. As part of Visib's copyright policy, Visib 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.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VISIB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VISIB MAKES NO WARRANTIES 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. VISIB 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 VISIB 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.

12. Limitation of Liability

IN NO EVENT SHALL VISIB, 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 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VISIB 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 Visib from its facilities in San Paulo, Brazil.  Visib 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.

13. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Visib, 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 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.

14. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, 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.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Visib without restriction.

16. General

You agree that these Terms of Service shall be governed by the substantive laws of Brazil, without respect to its conflict of laws principles. You agree, in the event of any claim or dispute between you and Visib that arises in whole or in part from the Service or these Terms of Service, to attorn to the non-exclusive jurisdiction of the courts of San Paulo, Brazil. These Terms of Service, together with the Privacy Policy and any other legal notices published by Visib on the Service, shall constitute the entire agreement between you and Visib concerning the Service. 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 Visib's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Visib 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 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VISIB 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.