Excideo Tube Terms of Use

Updated March 30, 2016

This Web site is owned and operated by Excideo Inc. (Excideo.com). Access and use of this Website is provided by Excideo.com to you on condition that you accept these Terms of Use. Please read these Terms of Use carefully before using the Service. By accessing or using this Web site, you agree to these Terms of Use. If you object to anything in these conditions, you are not permitted to use the service; you should not access or use this Web site.

Excideo.com may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

USE OF THE SITE

This Web site and its contents (the "Content") are intended for customers of Excideo.com. You may not use this Web site or the Content for any purpose not related to your dealings with Excideo.com. You are specifically prohibited from: (a) copying, downloading , or re-transmitting any or all of the Web site or the Content without a written license or agreement with Excideo.com; (b) using any robots, data mining, or similar data extraction methods; (c) changing or otherwise displaying the Web site or the Content using framing or similar navigational technology; (d) registering (or attempting to), subscribing, unsubscribing any party for any Excideo.com product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for the purpose it was intended, as determined exclusively in Excideo.com’s discretion, including but not limited to, to abuse, disparage, stalk, harass, make threats or otherwise violate the legal rights of others, and/or to distribute, publish or disseminate any obscene, defamatory, infringing , indecent, pornographic, sexual, or unlawful material or information.

You are hereby forbidden from interfering with the security of, or otherwise abuse this Web site or any of its system resources or services connected to or available through this Web site. You are only permitted to use this Web site for lawful purposes.

You agree not to use or launch any automated system, including without limitation, "spiders," "robots," or "offline readers," that accesses the Service in a manner more than a human can reasonably access in the same period of time using a conventional web browser. Despite the foregoing, Excideo.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices, but not archives of such materials. Excideo.com reserves the right to revoke these exceptions in any way it sees fit. You agree not to harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service (e.g., email or comments) for any commercial purposes. You agree not to solicit, for commercial purposes, any users of the Service regarding their Content.

Content is provided to you AS IS. You may access Content for your information and personal use only as intended through the Service and as permitted under these Terms of Use. You are prohibited from downloading any Content unless you see a “download” or similar link displayed by Excideo.com for that Content. You shall not copy, distribute, sell, license, transmit, broadcast, display or otherwise use any Content for any other purposes without the prior written consent of Excideo.com or the particular licensors of the Content. Excideo.com and its licensors reserve all rights not expressly granted in and to the Content and the Service.

TRADEMARKS/SERVICE MARKS

The service marks of Excideo.com, including without limitation Excideo.com and the Excideo.com logos are marks owned by Excideo.com. You may not use metatags or any other "hidden text" utilizing "Excideo.com" or any other name, trademark or product or service name of Excideo.com without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Excideo.com and may not be imitated , copied or used, in whole or in part, without our prior written permission. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their particular owners.

LINKED WEB SITES

This site may provide links to third party sites for your convenience only. These links do not imply that Excideo.com endorses or monitors these Web sites. Excideo.com accepts no responsibility for such Web sites. Excideo.com shall not be directly or indirectly, liable, or responsible for any damage or loss, caused or alleged to be caused by or in conjunction with the use of any information, content or services available via any third party Web sites or linked resources.

INTELLECTUAL PROPERTY

All materials (including the organization and presentation of such material) on this Web site are the property of Excideo.com and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. The Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

Unless you have entered into a separate agreement with Excideo.com, any other use of these Materials without Excideo.com's written permission is prohibited. The Materials may only be used for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted or modified. You may not create derivative works from or otherwise exploit the Materials in any way.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

Excideo.com respects the intellectual property of others, and expects our Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service violate your copyright or other intellectual property right, please contact us at rights@Excideo.com and include substantially the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Web site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

EXCIDEO.COM ACCOUNTS

In order to access some features of the Service, you will have to create a Excideo.com Account. You may never use another party's account without permission. When creating your account, you must provide accurate and complete information. We act merely as a passive conduit for your online distribution and publication of your Information. You are solely responsible for the activity that occurs within your account, and must keep your account password secure. You must notify Excideo.com immediately of any breach of security or unauthorized use of your account.

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

WEB SITE UPDATES

Excideo.com updates the information on this Web site regularly. However, Excideo.com cannot guarantee and does not accept any responsibility or liability for the accuracy, completeness or currency of the information on the Web site. Excideo.com may change, add to or delete information; services and/or resources contained in the site, and reserves the right to make these changes without prior notification.

SOFTWARE OR COMPUTER MALWARE

Due to technical limitations with the Internet, software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer malware or other destructive software may also be inadvertently downloaded from this Web site.

Excideo.com will not be held responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or software that may infect or otherwise impact your use of your computer or other property as a result of your accessing this Web site. Excideo.com highly recommends that you install up to date anti-virus and other protective software.

DISCLAIMER OF WARRANTIES

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCIDEO.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. UNDER NO CIRCUMSTANCES Will EXCIDEO.COM OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, ACTION, DAMAGE OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF THIS WEB SITE, THE MATERIALS OR ANY PART OF, OR ANY RIGHTS GRANTED OR IMPLIED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless Excideo.com against all liability or claims asserted against Excideo.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

APPLICABLE LAW

This Web site is controlled, operated and administered by Excideo.com from within the Province of Ontario, Canada. This Web site can be accessed from all over the world and that the laws in these various jurisdictions may differ from those of the Province of Ontario, by accessing this site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

GENERAL

Excideo.com's failure to insist upon or enforce strict performance of any provision of these Terms of Use does not constitute our waving of any provision or right. If any part of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction in the Province of Ontario, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

CONTACT

Feel free to email Excideo.com at support@excideo.com. Please note, the Internet is not a fully secure medium and any communication may be intercepted, lost or altered. Excideo.com is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • Excideo.com has no obligation concerning such information;
  • the information is not confidential;
  • Excideo.com may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.