*Last revised on November 29, 2017
Please contact us with any questions regarding the Terms.
- By accessing or using our Service, you accept the Terms and agree to the terms, conditions, and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. To withdraw this consent, you must cease using our Service and terminate your account. Please save a copy of the Terms for your records. The Terms may be modified by the Company at any time, such modifications to be effective upon posting by the Company within our Service.
No part of VideoMe is directed to persons under the age of 18. You must be at least 18 years of age to access and use our Service. Any use of our Service is void where prohibited. By accessing and using our Service, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions of the Terms. If you create an account you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using our Service may be prohibited or restricted in certain countries. If you use our Service from outside of the United States you are responsible for complying with the laws and regulations of the territory from which you access or use our Service.
Creating an Account
In order to use VideoMe you must sign-in using your Facebook login and password. By doing so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other VideoMe users.
Terms and Termination
The Terms will remain in effect while you use our Service and/or have a VideoMe account. You may disable your account at any time, for any reason, by going to “Settings”. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached the Terms, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of the Terms survive such termination, and continue in effect, except for any terms that, by their nature, expire or are fully satisfied.
Non-Commercial Use by Users
Our Service is for personal use only. Users may not use our Service or any content contained in our Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of our Service may not use any information obtained from our Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use our Service or our Service for any purpose except with VideoMe’s express consent (such as for promoted profiles or other advertisements), which VideoMe may provide or deny in its sole discretion. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of our Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Service.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process and are solely responsible for all activities that occur under your username and password.
Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING ANY AVAILABLE PUBLIC RECORDS. The Company is not responsible for the conduct of any user using our Service. As noted in and without limiting Sections 15 (Limitation of Liability) and 17 (Indemnity by You) below in no event shall the Company, its affiliates, or its partners be liable, directly or indirectly, for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through our Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside of our Service, meet in person, or if you decide to transfer funds to another user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through our Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money or other such funds, to other users.
The Company owns and retains all proprietary rights in our Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. Our Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through our Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Content Posted by You on our Service
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display, or otherwise make available (hereinafter, “post”) on our Service or transmit to other users, including chat, videos (including streaming videos), or profile text, whether publicly posted or privately transmitted (collectively, “content”). You may not post as part of our Service, or transmit to the Company or any user (either on or off our Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false and (ii) you have the right to post the content on our Service and grant the licenses set forth below. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Service. The Company may delete any content, in whole or in part, that in the sole judgment of the Company violates the Terms or may harm the reputation of our Service or the Company. By posting content as part of our Service, you automatically grant to the Company, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by the Company will not infringe or violate the rights of any third-party. In addition to the types of content described above, the following is a partial list of the kind of content that is prohibited within our Service. You may not post, upload, display or otherwise make available content that:
– that promotes racism, bigotry, hatred, or physical harm of any kind against any group(s) or individual(s);
– advocates harassment or intimidation of another person;
– requests money from, or is intended to otherwise defraud, other users of our Service;
– involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailings or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
– promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or otherwise objectionable;
– promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to said programs, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio or video files;
– contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
– contains restricted or password only access pages, hidden pages, or images (those not linked to or from another accessible page);
– provides material that exploits people in a sexual, violent, or other illegal manner, or solicits personal information from anyone under the age of 18;
– provides instructional information about illegal activities such as making or buying illegal weapons or drugs, paraphernalia, violating someone’s privacy, or providing, disseminating or creating computer viruses, cell phones, mobile devices, etc.
– contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
– impersonates, or otherwise misrepresents affiliation, connection, or association with any person or entity;
– provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information);
– disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
– solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
– publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from our Service and terminating or suspending the account of such violators. Your use of our Service, including all content you post through our Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your request(s) for customer service, or allow you to use our Service in the future; (v) respond to subpoena by law enforcement; or (vi) protect the rights, property, and/or personal safety of the Company or any other person. You agree that any content you place on our Service may be viewed by other users and may be viewed by any person visiting or participating in our Service.
The Company reserves the right to investigate, suspend, and/or terminate your account if you have misused our Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off our Service but involves users you meet or encounter through our Service. The following is a partial list of the types of actions that you may not engage in with respect to our Service.
You will not:
– impersonate any person or entity;
– solicit money from any user(s);
– post any Content that is prohibited by Section 9 (Content posted by You on Our Service)
-“stalk” or otherwise harass any person(s);
– express or imply that any statements you make are endorsed by the Company without our specific prior written consent
– use our Service in an illegal manner or to commit an illegal act;
– access our Service in a jurisdiction in which it is illegal or unauthorized;
– ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
– use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents;
– collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Service;
– interfere with or disrupt our Service or the servers or networks connected to our Service;
– email or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through our Service (either directly or indirectly through use of third-party software);
– “frame” or “mirror” any part of our Service without the Company’s prior, explicit written authorization;
– use meta tags or code or other devices containing any reference to the Company or our Service (or any trademark, trade name, service mark, logo, or slogan of the Company) to direct any person to any other website for any purpose;
– modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Service, any software used on or for our Service, or cause others to do so;
– post, use, transmit, or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from our Service other than solely in connection with your use of our Service in accordance with the Terms.
In App Purchases
From time to time, VideoMe may offer additional products and services for purchase (“in app purchases”) through the App Store℠, or other application platforms authorized by VideoMe . If you choose to make an in-app purchase, you will be prompted to enter details for your account within the mobile platform you are using (e.g. Apple, Android, etc.) and your account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in-app purchase, your account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in-app purchases.
Modifications to Service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service. To protect the integrity of our Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing our Service.
Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary works. Without limiting the foregoing, if you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, accordance with law, please provide us with the following information: – an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; – a description of the copyrighted work that you claim has been infringed upon; – a description of where the material that you claim has been infringed upon is located on our Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url); – your address, telephone number, and email address; – a written statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and -a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in our Service, whether caused by users or any of the equipment or programming associated with or utilized in our Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications, or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with our Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES our Service ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO our Service (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT our Service WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN our Service WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF our Service IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH our Service. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through our Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT PROVIDED THROUGH our Service, OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN our Service. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN our Service, OR TRANSMITTED TO OR BY ANY USERS. In addition to the preceding paragraph and other provisions of the Terms, any advice that may be posted in our Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through our Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Our Service may contain, and our Service or third-parties may provide, advertisements and promotions offered by third-parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third-parties found in or through our Service, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such third-parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods, or services or other materials available on or through any such website or resource.
Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR our Service WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF our Service OR THE TERMS OF THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to the Terms (including any alleged breach thereof) or our Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using our Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see the Federal Arbitration Act.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Allegheny County, Pennsylvania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. The Terms, and any dispute between you and the Company, shall be governed by the laws of the state of Pennsylvania without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third-party due to or arising from your breach of or failure to comply with the Terms (including any breach of your representations and warranties contained herein), any postings or Content you post in our Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to the Terms, by using any reasonable means currently known or hereafter developed, including by email, postal mail, SMS, MMS, text message, or postings on our Service. Such notices may not be received if you violate the Terms by accessing our Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed our Service in an authorized manner.
Entire Agreement; Other
These Services are operated and provided by VideoMe [4313 Upview Terrace, Pittsburgh, PA 15201]. If you have any questions about the Terms, please contact us.
The Terms are subject to change by the Company at any time and without notice.
[Effective: November 29, 2017]