Invideous.com | video micropayments, social video, social tv, in-video advertising

GENERAL TERMS OF USE

WELCOME TO INVIDEOUS.COM

Welcome to Invideous.com (the “Website”). The Website is owned and operated by Invideous Ltd. (the “Company” or “Invideous”) a company registered under the laws of England, with its offices at 114 St Martin’s Lane, London, WC2N 4BE. Please read carefully the following terms and conditions (the "General Terms"), because they constitute a binding agreement between you and the Company. By accessing the Website or by using it in any other manner, you signify your acceptance to these General Terms. If you do not agree to these General Terms, you may not access the Website or use it in any other manner. Please feel free to submit any questions that you may have regarding the General Terms to support@invideous.com.

CHANGES TO INVIDEOUS.COM

We may change the General Terms and Privacy Policy at any time. We may discontinue or change any service or feature on the Website at any time without notice. You are responsible for checking these General Terms periodically for changes. If you continue to use the Website after we post changes, you are signifying your acceptance of the new General Terms.

ABOUT INVIDEOUS.COM

Invideous.com is a technology platform which brings additional functionality to online video hosted on its own and third party sites.

This additional functionality primarily but not exclusively falls into the product areas of social video, in-video e-commerce and micropayments, and the creation and curation of an online video library that can be synced across multiple connected devices.

Social Video
Our social video platform enables users to enjoy a co-viewing online video experience. By using the social playhead, you can see who else is viewing a video at the same time as you. With the Invideous in-video instant messenger (IM) client, you can communicate with these fellow viewers.
The Invideous platform includes fully features Twitter and Facebook clients which let you send and receive messages from within the video via these two social networks. These messages can contain a short URL which links back to the video you are watching when you post, enabling friends to click back and visit the originating video. You can also opt to add a screen shot of the video via a URL.

In-video E-commerce & Micropayments
The Invideous e-commerce platform enables viewers to purchase physical and digital goods (content) from within a video. This tool suite accommodates the full transaction process from adding an item to a 'basket' through to managing shipping addresses and securely processing payments.

Online Video Curation (invideous.tv)
The Invideous.tv platform (both at invideous.tv and on third party sites) enables you to aggregate all video content from participating publishers in one spot. You can view your favourites, your recently viewed videos, your e-commerce videos as well as a wide library of premium content.

Invideous.tv also acts as a hub, allowing you to manage and sync your content across a range of connected devices.

UPDATES AND YOUR CONSENT

You agree that we may provide you with Invideous updates, required notices, agreements and other information concerning Invideous by electronic means. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Website.

Invideous’ Privacy Policy [we are currently using a Privacy Policy, but it is a copy and paste job! You might want to check it for glaring omissions, but it seems fairly robust.] explains the practices that apply to your information when you use the Website. Your ongoing use of the Website signifies your consent to the information practices disclosed in our Privacy Policy.

DEFINITIONS

The following definitions shall have the following meanings as used in these general terms of use:

Agreement	the agreement between Invideous and the Client pursuant to which the Client makes use of the Services
Client (or “you”)	the individual making use of the Services
General Terms	these general terms and conditions
IPRs	all patents, unpatented inventions, design rights, copyrights (including, without limitation, rights in computer software), rights in databases, topography rights, trade marks, service marks, trade names, rights in goodwill or to bring an action in passing off, rights in trade secrets, confidential information or know-how and all other intellectual property rights of any nature whatsoever, and all rights of a similar nature or having similar effect, throughout the world, whether registered or unregistered, and including all applications and rights to apply for any of the same
Parties	Invideous and the Client
Services	the services offered by Invideous on the Website

ACCEPTABLE USE OF THE WEBSITE

While using the Website you agree to refrain from:-
·    Sharing your password, or letting anyone else access your account, or do anything that might jeopardize the security of your account. You are solely responsible for the activity that occurs on your account;
·    Interfering with or disrupting the functionality of the Website;
·    Disobeying or breaching these General Terms or any other applicable instructions conveyed by the Company and its officers;
·    Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
·    Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
·    Uploading, posting, emailing, transmitting or otherwise making available any information and materials that infringes third party rights, in particular IPRs;
·    Uploading, posting, emailing, transmitting or otherwise making available software viruses, Trojan horses, worms and any other malicious application to computers and networks;
·    Uploading, posting, emailing, transmitting or otherwise making available any information or material which may constitute or encourages conduct that would constitute a criminal offence or civil wrong doing or otherwise violates any applicable law;
·    Uploading, posting, emailing, transmitting or otherwise making available any information or material which may be deemed threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.

You acknowledge that:-
·    The Company is entitled to temporarily or permanently block use of the Services without notification or prior statement of reasons. Furthermore, the Company is entitled to accept or reject a registration in its sole discretion.
·    The Company is not liable for content that is provided by others. The Company has no duty to pre-screen content, but has the right to refuse or to edit submitted content. The Company reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material.
·    The Website contains links to third party websites which will allow you to make purchases. These websites have separate privacy and data collection practices that may be unlawful and you therefore access these sites at your own risk. You acknowledge and agree that we are not responsible or liable for any content or other materials/services made available on third party sites. Any dealings that you have with any sellers are between you and the applicable seller and you acknowledge and agree that the Company is not liable for any loss or claim you may have against such seller.

PAYMENT

During your use of the Invideous platform you may choose to pay for goods, service and/or content. In this event, there are a number of payment providers available to you via our application who process payments in a number of ways. These include credit card, debit card, PayPal, SMS and premium phone call. In every case exceptional care is taken to ensure that your payment details are processed in the most secure of environments.

In the case of SMS and premium phone transactions it is important that users note they may have payment processing charges deducted from their Invideous account upon completion of a successful addition of funds. Details of such charges can be found both on-site at Invideous.com and via a link from the in-player payment process.

INTELLECTUAL PROPERTY RIGHTS

The Client acknowledges and agrees that all IPRs in the Website will at all times be exclusively owned by Invideous.

Invideous hereby grants to the Client a non-exclusive, revocable, non-transferable licence to use the Website on the terms and conditions of this Agreement only for personal, non-commercial purposes unless otherwise granted explicit written consent from the Company. The Client shall not use the Services, or any product of the Services except as expressly permitted under this Agreement and in accordance with Invideous’ instructions from time to time.

The Client acknowledges that all content, including without limitation all data, links, search results and all information, text, software, music, photos, images, sound, graphics or other materials made available or accessible through the Website, whether publicly available or privately transmitted, is the sole property of the owner thereof.
The Client may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of content.

The Client shall not and shall not allow any third party to: (i) take any action which might invalidate the title of Invideous to the IPRs of the Website or any product of the Services; (ii) create, or produce anything which utilises or applies any of the principles, concepts, designs, functionality or purposes of the Website , or (iii) copy, adapt, reverse engineer, modify, decompile, disassemble, translate, or create derivative works based on the whole or any part of the Website , all or any part of the program code, or any product of the Services.

The Client shall refrain from using, reproducing or altering the Website or any part of it in any other way than provided for by means of this Agreement, without Invideous' prior written consent. The Client shall immediately cease and desist the unauthorized use of Invideous' IPRs upon Invideous' first notice.

LIABILITY AND FORCE MAJEURE

Nothing in this Agreement shall be construed as excluding or limiting the liability of either party (i) for fraud or fraudulent misrepresentation, (ii) for death or personal injury caused by that party’s negligence or (iii) under the Client indemnities below.

You understand that use of the Website is at your own risk and that you will be exposed to content and submissions from other users. The Company is not responsible for the accuracy, safety, or IPRs relating thereto. You further acknowledge that you may be exposed to content and submissions from other users that may be inaccurate, offensive, indecent or objectionable, and you waive any legal or equitable rights or remedies you may have against the Company with respect thereto, and agree to indemnify and hold harmless the Company to the fullest extent allowed by law regarding all matters related to your use of the Website.

You understand that any personal information that you disclose online becomes publicly available and can be collected and used by others.

In no event shall Invideous be liable to the Client for any special, indirect or consequential losses; or loss of profit, loss of revenue, loss of anticipated savings, loss of contract, loss of opportunity, loss of data in each case whether direct or indirect; or any direct or indirect loss of or damage to goodwill, in each case arising out of or in connection with this Agreement or the subject matter hereof and in each case whether or not such losses were in the contemplation of the Parties or were notified by one party to the other on or prior to the date of this Agreement.

The Services and the Website are provided on an "as is" basis, and Invideous makes no guarantees that the Website or Services will be available on a continuous or uninterrupted basis or that it is or will be free of errors or bugs. Save to the extent expressly stated herein, Invideous does not give, and hereby expressly excludes to the fullest extent permitted by applicable law, any and all other representations, warranties, guarantees, terms or conditions, whether implied, statutory or otherwise with respect to the Services and the Website, or the performance of its obligations hereunder. The Client understands and agrees that from time to time the Services and/or the Website may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Invideous may undertake from time to time; or (iii) causes beyond the control of Invideous or which are not reasonably foreseeable by Invideous, and Invideous shall not be liable for any failure to perform its obligations under this Agreement caused by any of the foregoing or caused by any breach by the Client of its obligations under this Agreement.

The Client shall indemnify Invideous from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with (i) any breach of its obligations under this Agreement, or (ii) any claim or allegation that the Client: (a) infringes any third party’s patent, copyright, trade secret or other IPRs; or (b) violates any law or regulation; or (c) violates any right of or causes injury to any third party, including any right of publicity or privacy, or is defamatory or obscene.

TERMINATION

Your right to use the Website automatically terminates if you breach these General Terms or any rules or guidelines posted by the Company

GENERAL PROVISIONS

If this Agreement is partially void or partially non-binding, this does not affect the Parties’ other rights and obligations. In that case Invideous will be obliged to replace void or non-binding provisions by provisions which are valid and binding and of which the consequences, in view of the contents and purport of this Agreement, correspond as much as possible to the void or non-binding provisions and the intentions of the Parties.

If Invideous decides not to enforce a provision, this does not imply that it renounces its right to do so at a later stage.

APPLICABLE LAW AND JURISDICTION

The laws of England govern this Agreement.

Both Parties submit to the non-exclusive jurisdiction of the courts of England.