Vidude.com Terms of Use

Vidude
11 min readNov 17, 2022

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Terms of Use

Your use of the Vidude Service implies your acceptance of these Terms of Use. We ask that You read them carefully.

Articles

Description of the Vidude service

Vidude (“Vidu”, “we”, “us” or “our”) is an original, video hosting website that enables users to access, view, upload, store, and share videos. The Vidu Service is made up of the Vidu website, any Vidu products, content, channels, data feeds, Ad services, and functionality (“Vidu Service”).

By accessing and/or using the Vidu Service, without being logged into a Vidu Account, You (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view, or share videos available on the Vidu Service, but will not be able to benefit from all the other features available on the Vidu Service. A “Vidu Account” means the video content storage space on the Vidu Service which is dedicated to a User (as defined below) on the Vidu Service that can be created by signing up for a Vidu Account via https://vidu.nz.

If You want to be able to upload videos and access some other features of the Vidu Service, You will need to first create a Vidu Account and have Your email address validated at which point You will be a “User”.

Information provided by You to create Your Vidu Account must be accurate and complete. In order for Vidu to verify that the email address You provided is valid, You will receive an email from Vidu asking You to validate Your email address.

By creating a Vidu Account, You agree that You alone will be responsible (to Vidu and to others) for all activity that occurs under Your Vidu Account. The user ID(Email) and password which are necessary to access Your Vidu Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify Vidu of any unauthorized use of Your User ID, password, or any other breach of Your Vidu Account security.

As a User, You will also have the ability to access some additional features from the Vidu Service and will have the opportunity to monetize Your Content uploaded on Your Vidu Account.

If You are a free User or a Pro, You may notably upload video files (that must be compliant with the Terms) on the Vidu Service. Any and all elements posted through Your Vidu Account on the Vidu Service are deemed to be “Your Content”.

As a free User or a Pro, You are expected to be an active part of the Vidu community. As such, You also acknowledge that if Your Vidu Account remains inactive for a significant period of time, Vidu reserves the right to delete, reclaim or remove Your Vidu Account in its sole discretion with or without prior notice to You.

Any and all individuals or entities accessing the Vidu Service may be referred to hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, free User, or Pro).

Acceptance of these terms and conditions

Whether You are a Viewer, an Account Applicant, a free User, or a Pro, either an individual or an entity, You signify Your express and unconditional agreement to these terms of use, and all other policies of Vidu, including but not limited to the Vidu privacy and cookie policies, as accessible at any time from the Vidu website, By using the Vidu Service, You acknowledge that You have read and understood the Terms and agree that Vidu will treat Your use of the Vidu Service as acceptance of the Terms.

Vidu may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the Vidu website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the Vidu Service. Your continued use of the Vidu Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.

You shall not use the Vidu Service if You are not of legal age to form a binding contract with Vidu, or if You are a person who is either barred or otherwise legally prohibited from receiving or using the Vidu Service.

If You are not an individual (i.e., a corporation or other legal entity), You represent to Vidu that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the Vidu Service.

Your intellectual property rights

For the entire period during which Your Content is hosted on the Vidu Service, You grant to Vidu the non-exclusive worldwide rights (unless You geo-block certain territories through Your Vidu Account), to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Vidu Service.

By making Your Content accessible on the Vidu Service, You agree to allow any Visitors of the Vidu Service to view and to share Your Content through the Video Player on or through any declination of the Vidu Service, as accessible (online or offline) via any current or future device capable of distributing the Vidu Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Vidu Service when on the Vidu website (https://vidu.nz) and/or when embedded elsewhere may include advertising.

Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted — including Your Content — cannot be protected against risks of misappropriation and/or piracy, for which Vidu shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.

License & our intellectual property rights

We grant You a personal, non-exclusive, non-transferable, and revocable right to access and use the Vidu Service, which is conditioned on Your compliance with the Terms.

The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the Vidu Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Vidu Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, is the exclusive property of Vidu and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

Vidu Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Vidu or Vidu’s licensors. You agree to not use or exploit the Vidu Material in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based upon or otherwise alter in part or in full any Vidu Material.

All rights not expressly granted in the Terms are reserved to Vidu and its licensors.

Our liability as a hosting service provider

In its capacity as a web hosting service provider, Vidu is under no legal obligation to monitor content uploaded on the Vidu Service, nor obligated to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access from its Vidu Service to any infringing content once having been notified of its existence. Furthermore, Vidu does not and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the Vidu website.

You acknowledge and agree that the owners of the Video(s) and Vidu in accordance with the terms, Vidude team may from time to time remove Vidu users’ content (including Your Content) from the Vidu Service without notice. You shall nonetheless remain fully liable for Your Content.

You agree that Your use of the Vidu Service shall be at Your sole risk and liability. In this regard, You are solely responsible for Your use of the Vidu Service and more specifically for Your Content (including any personal data that may be incorporated therein) and the protection of Your hardware against any virus or interruption.

You acknowledge and agree that the Vidu Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the Vidu Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS” and “as available” without warranties of any kind from Vidu or any owners of the Third-Party Video(s). Neither Vidu nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the Vidu Service, the Vidu Material or any other content, information, materials, or products included on or otherwise made available to You through the Vidu Service are free of viruses or other harmful components. Vidu may enhance, modify and update the Vidu Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Vidu Service.

Vidude shall not be held responsible in any case for any malfunctions, inherent in the nature of the Internet, in the access and/or the use of the Vidu Service, or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Vidu does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, Vidu is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.

Nothing herein shall exclude or limit Vidu’s liability for losses that may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Vidu shall not be liable for:

  • (a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or
  • (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Vidu Service; (ii) any changes which Vidu may make to the Vidu Service, or for any permanent or temporary cessation in the provision of the Vidu Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Vidu Service; (iv) Your failure to provide Vidu with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.
  • The Vidu Service may contain links to websites operated by other entities (a “Linked Site“). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Vidu has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (ex., hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Vidu.

The limitations on Vidu’s liability defined in this Section shall apply whether or not Vidu has been advised of or should have been aware of the possibility of any such losses arising.

Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to the Terms.

Prohibited contents & restrictions

Do NOT upload content that falls into any of the following Prohibited Content categories.

  1. Sexually Explicit or Child Abuse Content
  2. Dangerous, Harmful, Violent or Illegal Actions in Content
  3. Hateful, Defamatory, Libelous, or Excessively Vulgar Speech in Content
  4. Violent, Graphic or Repulsive Content
  5. Harassment, Threats, and Personal Information in Content
  6. Spam, Fake Engagement, Scam, Disinformation or Deceptive Content
  7. Copyright-Infringing Content

Vidude restrictions:

  • (i) do not violate any applicable laws or regulations and/or display, incite, or promote illegal activities.
  • (ii) do not contain child pornography, sexual abuse or any type of sexually explicit content.
  • (iii) do not infringe intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement or any other material that You have not created Yourself or for which You do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).
  • (iv) do not violate:
  • Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).
  • Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, and harassment).
  • Publicity and privacy rights (in particular impersonation of an individual or a legal person).
  • Personal information rights.
  • (v) do not support or promote:
  • any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking and organized criminality.
  • the commission of violent extremist or terrorist acts.
  • violence and all other dangerous activities.
  • (vi) do not contain verifiably false or misleading information which:
  • is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or
  • may cause public harm, or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment or to the security of persons.
  • (vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).

Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your Vidu account being deactivated. Vidu reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.

Vidu Service is not designed as a video backup service, You are responsible for taking all necessary precautions to safeguard Your video files.

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