Last Updated: June 15, 2021
This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between VTM and you, our user. This Agreement governs your use of VTM owned-and-operated websites, applications, and videos.
By creating an account, viewing videos, creating videos, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Features: The features available to you will depend on your plan. We may change features from time to time.
Unlimited Bandwidth Fair Use Policy: Generally, we do not limit or impose additional fees for bandwidth consumption on Self-Serve accounts (i.e. the data used in order to deliver your videos to viewers). However, this policy is subject to fair use: If your aggregate bandwidth usage (across all accounts you control) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice.
Video Creation Tools: We use Vimeo for video creation. Please see their terms of use and privacy policy.
Monetization: We may allow you to sell digital goods or earn money through advertising
Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service.
Registration: You may create an account to use certain features we offer. To do so, you must provide an email address. By creating an account, you agree to receive notices from VTM at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services
Team Members: Certain plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). VTM may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. VTM may remove or limit access or availability to any content or account that it considers in good faith to violate Acceptable Use.
You may only upload content that you have the right to upload and share. Copyright owners may send VTM a takedown notice if they believe VTM is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
In using our Services, you may not:
You will not:
By uploading a video to the shared portal, you grant VTM permission to:
The license period begins when you upload the video to VTM and ends when you or VTM delete it; provided that VTM may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when VTM in good faith believes that it is legally obligated to do so.
For each piece of content that you submit to or through VTM, you represent and warrant that:
You will indemnify, defend, and hold harmless VTM and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. With respect to users who do not have a subscription plan (i.e., free users), (a) VTM may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, VTM may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If VTM deletes your account for breach, you may not re-register.
VTM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VTM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, VTM makes no representations or warranties:
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) VTM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
Reservation of Rights, Severability: VTM reserves all rights not expressly granted herein. Vimeo’s rights and remedies are cumulative. No failure or delay by VTM in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: VTM will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Vimeo’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Vimeo shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: You and VTM are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by VTM or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of VTM. If you have a signed agreement with VTM, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.