1.1 These Terms:
(a) govern your use of our Website and our Content;
(b) give you details about our Subscription Plans;
(c) explain our licensing terms (whether you are uploading or downloading Content); and
(e) give details of how to contact us, including to report abuse, or suspected copyright infringement.
So, if you use our Website, they apply to you. If you upload or download Content, they apply to you. (If you’re interested in becoming an affiliate of Videvo, please see our Affiliates page, here.) To assist with your clarity and understanding, we’ve added definitions of capitalized words in Section 23.
1.2 By using our Website, you accept these Terms in full; accordingly, if you disagree with these Terms or any part of these Terms, you must not use our Website and you must not download any Content. If you are using the Website on behalf of a business or organization, you promise that you have authority from the business or organization to agree to these Terms on behalf of the business or organization.
1.3 If you create an account with us, we will ask you to expressly agree to these Terms.
1.4 If you create an account on behalf of a business or organization, you promise that you have authority to do so from the business or organization, and you bind both yourself and the person, business, organization or other legal entity that operates that business or organization.
1.5 You must be at least 13 years of age to download free Content and browse our Website; and you must be at least 18 years old to upload Content, subscribe to emails, create an account or purchase a Subscription Plan.
2. Ownership of Videvo.net
2.1 Oxford Media Solutions Limited, together with our licensors, own and control all the copyright and other intellectual property rights in the Website, the Content and the material on the Website; and all the copyright and other intellectual property rights in our Website, the Content and the material on our Website are reserved.
3. Permission to use Videvo.net
3.1 You may:
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website, providing that such printing is not systematic or excessive;
(d) preview streamed Content from our Website;
(e) download Content, subject to the licenses and restrictions set out below; and
(f) use our Website services by means of a web browser, subject to the other provisions of these Terms.
3.2 You may use our Website for your own personal and business purposes. Our license terms and restrictions below describe how you can (and can’t) use our Content.
3.3 Except as expressly permitted by the license below, you must not edit or otherwise modify any material on our Website.
3.4 Unless you have obtained a license from us to use our Content, as described below, or you own or control the relevant rights in the material, you must not:
(a) republish material or Content from our Website (including republication on another website);
(b) sell, rent or sub-license material or Content from our Website;
(c) redistribute material or Content from our Website.
3.5 We reserve the right to suspend or restrict access to our Website, to areas of our Website and/or to functionality upon our Website. We may, for example, suspend access to the Website during server maintenance or when we update the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
3.6 Except where we expressly grant you a license in these terms, we (or our licensors) retain all copyrights, trademarks and other proprietary rights in the Website, Website materials and the Content available on it.
4. Misuse of Videvo.net
4.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, accessibility, integrity or security of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our Website;
(d) probe, scan or test the vulnerability of our Website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our Website;
(f) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our Website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our Website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(j) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our Website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our Website;
(m) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our Website.
4.2 You must not use data collected from our Website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
5. Registration and Accounts
5.1 You must be 18 or over to register for an account. By registering, you warrant to us that you are 18 years old or older.
5.2 You can download our free Content without an account. However, registering for an account allows you to: save favorite clips; make collections; upload content; amend or cancel your Subscription Plan; create a public profile; link to your own website and social media pages; edit your email preferences; view your download history; view your invoices; subscribe to our newsletter; hide or reveal “R” rated content; and delete your account. You will need an account if you purchase a Subscription Plan. You may register for an account by completing and submitting the account registration form, and clicking on the verification link in the email that we’ll send to you.
5.3 You must not allow any other person to use your account to access the Website.
5.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6. Login Details and Passwords
6.1 If you register for an account with our Website, you will be asked to choose a user ID and password.
6.2 You must keep your password confidential.
6.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.4 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and Suspension of Accounts
7.1 If you have a Subscription Plan, our rights to cancel or suspend your Subscription Plan are set out in Section 9.5 and Section 21 below. If you have a free account, we may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
7.2 We reserve the right to cancel an account if it remains unused for a continuous period of 18 months.
7.3 You may cancel your account or Subscription Plan using your account control panel, accessible from your account.
8. Subscription Plans and Costs
8.1 The different Subscription Plans have different benefits and prices. You can read about the different types of Subscription Plan and how to subscribe here.
8.2 Subscription Plan fees are inclusive of VAT in the EU/ UK. We may change the Subscription Plan fees at any time at our discretion, but this will not affect fees for Subscription Plans that you have already paid for.
8.3 If you owe us any Subscription Plan fees, or if you otherwise breach these Terms, we may take any of the actions described at Section 21.1, including terminating your Subscription Plan.
9. Termination of Subscription Plans and Refunds
9.1 Subject to Section 9.2, if you are a consumer in the EU/ UK (which means you live in the EU/ UK and you are not subscribing in the course of your profession, trade or business) you may change your mind and cancel your Subscription Plan within 14 days of subscribing by notifying us here or via your account settings. In this case, we will refund you the Subscription Plan fee.
9.2 You acknowledge that, if you have already downloaded Content, then you lose the right to change your mind, referred to in Section 9.1 above. Instead, your cancellation will take effect at the end of the Subscription Plan period.
9.3 You can change your mind and cancel your Subscription Plan at any other time by using the control panel in your account or by contacting us. The Subscription Plan will continue for the remainder of the Subscription Plan period (either the rest of the month or the rest of the year for which you have already paid). After that, you will no longer be able to download Premium Content. The Content you downloaded during your Subscription Plan period cannot be downloaded again unless you re-subscribe. You will lose any remaining, unused rights to download Premium Content once your Subscription Plan terminates, even if you subsequently re-subscribe.
9.4 You may contact us to request a refund of your first Subscription Plan payment, or the relevant month’s Subscription Plan payment if:
(a) you have not managed to find any useful Content for your project, and you have not used any of your download credits in the relevant Subscription Plan period;
(b) there was a bug or glitch on the Website that prevented you from downloading Content, and we were unable to fix the issue; or
(c) there was a technical problem with the downloaded Content that prevented you from using it in your project.
9.5 We may terminate your Subscription Plan at any time on one months’ notice. If we terminate under this Section 9.5, or close the Website under Section 18.2, and you are not in breach of these Terms, we will refund you any pro-rata unused Subscription Plan fees.
10. Videvo’s Rights to Use Your Content
10.1 In this section 10 and 11, “Your Content” means video or audio files that you submit to us or our Website for publication on our Website.
10.2 If you upload Your Content to the Website, we will check Your Content to see if we think it is suitable for publication on the Website. For example, we will check the length of Your Content (between 5 – 60 seconds long), that there are no identifiable people, and that it meets the requirements of Section 11.3 below). If we do decide to publish Your Content, you will still own it. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, commercially exploit, reproduce, store, adapt, publish, translate, and distribute Your Content in any existing or future media.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2. This means we can license Your Content to our users to download and use themselves in accordance with the license terms below in Section 12 or 13.
10.4 You grant to us the right to bring a legal action for a third party’s infringement of the rights licensed to us under Section 10.2.
10.5 You waive all your moral rights in Your Content to the maximum extent permitted by applicable law; and you promise that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law. What this means is that Videvo and our users will not have to acknowledge you as the creator of the content.
10.6 We may delete, unpublish or edit any or all of Your Content at any time.
11. Videvo’s Requirements for Your Content
11.1 You warrant that Your Content will comply with this Section 11.
11.2 Your Content (including any metadata in Your Content) must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 Your Content must not:
(a) be obscene or indecent;
(b) infringe any copyright, moral right, trade mark right, design right, right in passing off or other intellectual property rights;
(c) infringe any right of confidence, right of privacy, or right under data protection legislation;
(d) be in breach of racial or religious hatred or discrimination legislation;
(e) be blasphemous;
(f) incite hate or terrorist or other illegal behavior;
(g) depict gratuitous violence;
(h) be pornographic, suggestive, or sexually explicit;
(i) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, extremist, menacing, hateful, discriminatory or inflammatory; or
(j) feature any identifiable person where a signed release has not been obtained.
12 License for Free Content
12.1 Provided you are in material compliance with these Terms, we grant to you a worldwide, non-exclusive, non-expiring, non-transferable license to download, reproduce, edit, display, broadcast, use and modify Free Content as permitted by Section 14, provided that you must always make the acknowledgments/credits that are stated as being required and you do not in any circumstances make any use of our Free Content that is prohibited by Section 15. Note that some of our Free Content is subject to additional license terms, such as “Creative Commons” or “NASA”. Where this is the case, we’ll make reference to this, along with a link with more details.
13. License for Premium Content
13.1 Provided you are in material compliance with these Terms, we grant to you a worldwide, non-exclusive, non-expiring, non-transferable license to download, reproduce, edit, display, broadcast, synchronize, use and modify Premium Content as permitted by Section 14, below, provided that you do not in any circumstances make any use of our Premium Content that is prohibited by Section 15 below.
14. Permitted Uses of Content
14.1 The “permitted uses” of our Content is:
(a) using Content in your own independently created digital video, audio, web, or multimedia productions, either for yourself or for your client;
(b) using the Content in combination with other content, whether created by you or licensed from other providers;
(c) displaying and performing your digital work containing the Content on linear television channels, cinema, as a backdrop to live events or through digital streaming services on the internet, for example (but not limited to) Video On Demand services, YouTube, social media platforms, websites, mobile apps.
15. Prohibited Uses of Content
15.1 This section sets out the prohibited uses of our Content. This means you are not allowed to do any of these things with the Content you download from the Website. If you have any questions about these restrictions, please contact us. The prohibited uses are:
(a) using, or allowing a third party to use, Content in any database, archive, or media/stock collection which competes or could compete with the Website;
(b) using the Content in any logo, trademark, or service mark;
(c) making the Content available for download in its original or edited form, or distributing the Content in any way that may be deemed as competing with our Website, e.g. as stock Content;
(d) using the Content in a way that would be considered offensive or unduly controversial to a reasonable person;
(e) using the Content in the context of promotion, advertisement, or endorsement of political parties or peoples, regulated products, pornography, medical products, guns or weapons;
(f) using the Content in pornographic, unlawful or defamatory contexts, adult videos, the advertising of illicit or regulated substances or in a manner that may depict a person engaging in immoral or criminal acts;
(g) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any Content for the purpose of preventing unauthorized use; or
(h) placing the Content in any product or platform that makes it available in a manner such that a person can without extraordinary effort extract or access or reproduce it as an electronic file.
15.2 In addition to these Terms, the license to use the Content is subject to any special terms that are contained or linked to in the description for that particular Content.
15.3 Nothing in these Terms is intended to prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
16 Meaning of “For Editorial Use Only”
16.1 Some of our Content is described as being for “Editorial Use Only” in the Content description. If so, this means that you must only use the Content in your own work which is of general public interest or newsworthy, in accordance with your local copyright laws on editorial use.
16.2 You must not edit or modify Editorial Use Only Content by cropping, resizing, or combining it with other footage in a way that distorts or alters its meaning.
16.3 You must not use Editorial Use Only Content for commercial purposes, for example, to advertise a product, service, or brand.
17. Exclusion of Warranties
17.1 As no platform or technology service can ever operate perfectly (there will always be bugs and errors), we do not warrant or represent that the Website or Content will operate without fault or that any faults will be corrected. Also, we adapt and change our business over time to keep innovating and remain competitive, so we do not warrant or represent that the Website or any service or Content on the Website will always remain available.
17.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation.
17.3 We do not guarantee or warrant any particular clearances for the use of Content that includes any identifiable buildings, trademarks, logos, artworks, copyrighted design or other intellectual property. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the Content, and you are solely responsible for obtaining such release(s). We try to identify all relevant Content as being “for Editorial Use Only” (see Section 16.1). However, we do not guarantee that we have spotted absolutely everything. We do not endorse any Content that may appear on or through the Website and make no warranties, express or implied, as to their accuracy and reliability. Without limitation to the foregoing sentence, we do not warrant that the Website, the Content, or the servers hosting the Website and Content are free of viruses or other harmful code; we disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title.
17.4 Whilst we make an effort to avoid releasing Content which includes audio, any music, dialogue or other ambient sounds that may be present in our visual Content are incidental only. We do not license any use of this audio. Please do not use it.
17.5 Whilst we make efforts to check the metadata associated with Content, we do not give any guarantees or warranties that the metadata is correct.
17.6 If you notice a technical defect in Content that you’ve downloaded from the website, please let us know within 30 days of the date of download, and we will replace the digital file with another copy, or increase your Subscription Plan limit to allow you to replace the file with another one, at our direction.
17.7 To the maximum extent permitted by applicable law and subject to Section 19.1 (Limits on exclusions of liability) we exclude all representations and warranties relating to the subject matter of these Terms, our Website, and the use of our website. Our Website and Content is provided “as is”.
18. Notifying Videvo of Infringements
18.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms, please let us know straight away by contacting us at firstname.lastname@example.org. We will promptly take down Content where required.
18.2 We may discontinue licensing any item of Content at any time in our sole discretion. If we tell you, or if you realize, that any Content may be subject to a claim of infringement of a third party’s right for which we may be liable, we may require you to immediately, and at your own expense: cease using the Content; delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. We will provide you with replacement Content (determined by us in our reasonable commercial judgment) free of charge, subject to these Terms.
18.3 We are not liable for intellectual property infringement claims, including in relation to user uploaded Content. All claims must be made against the uploading user, including claims which allege the uploading user has breached the warranties in Section 11.
19. Videvo’s Liability
19.1 Nothing in these Terms will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these Terms:
(a) are subject to Section 19.1; and
(b) govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
19.3 To the extent that our Website and the Content you download from our Website are provided free of charge, we will not be liable for any loss or damage of any nature even if we have been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise).
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business or economic losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, or for any errors in how we describe our Content, including descriptions in Content metadata.
19.7 We will not be liable to you in respect of any special, indirect, incidental, exemplary, punitive or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
19.9 Our liability to you in connection with your use of the Website and any Content you download from the Website is limited to the amount of Subscription Plan fees you have paid to us in the three months preceding the date of the claim.
19.10 Your access to and use of the Website and Content is at your risk. If you are dissatisfied with the Website or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Website and Content and not to renew any Subscription Plan.
20. Consequences of Breach of these Terms
20.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address from accessing our Website;
(e) contact any or all of your internet service providers and request that they block your access to our Website;
(f) commence legal action against you, whether for breach of contract or otherwise;
(g) revoke any licenses we have granted you to use our Content (which means you must immediately cease using the Content and take it down from wherever it is published); and/or
(h) terminate your subscription on our Website on written notice to you.
20.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
20.3 You agree to defend, indemnify and hold us harmless from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with: (i) your use of any Content outside the scope of these Terms; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the Terms; and (iii) your failure to obtain any required release for your use of Content.
21. Other Important Terms
21.1 Hyperlinks/ Third-Party Websites.
(a) Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
(b) We have no control over third-party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(a) We may revise these Terms from time to time. The date of the last changes is at the bottom of this document.
(b) The revised Terms shall apply to the use of our Website from the date of publication of the revised Terms on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
(a) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
(b) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
(a) If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
(b) If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21.5 Third Party Rights
(a) A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
(b) The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.
21.6 Entire Agreement. These Terms, together with our privacy and cookies policy, and the description of the Content you download, shall constitute the entire agreement between you and us in relation to your use of our Website and Content and shall supersede all previous agreements between you and us in relation to your use of our Website and Content.
21.7 Law and Jurisdiction. These Terms shall be governed by and construed in accordance with English law. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.
21.8 VAT Number. Our VAT number is GB152595791.
21.9 Our Details.
(a) This Website is owned and operated by Oxford Media Solutions Limited. We are registered in England and Wales under registration number 10117176, and our registered office is at Office 5, Bullingdon House, 174b Cowley Road, Oxford, United Kingdom, OX4 1UE.
(b) Our principal place of business is at Office 5, Bullingdon House, 174b Cowley Road, Oxford, United Kingdom, OX4 1UE. You can contact us: using our Website contact form; by telephone, on the contact number published on our Website; or by email, using the email address published on our Website.
Content: All content available to download from the Website.
Premium Content: Content that is available to download if you have a Subscription Plan.
Subscription Plan: As described in Section 8.1.
Terms: These Videvo.net Terms and Conditions.
Us, we, our: Videvo.net, Oxford Media Solutions Limited.
You, your: Website users.
Your Content: As defined in Section 10.1.
These Terms were updated on: 27th November, 2020.