Videvo.net Terms & Conditions

 

Videvo.net is owned, operated, and provided by Oxford Media Solutions Limited (hereafter “we” or us”). These Terms of Service (“Terms”) govern your use of the Videvo.net website including all Content available through the Videvo.net domain name, or any other website owned or operated by us from time to time (the “Site”) or any service provided via such Site (collectively, the “Services”) that includes an authorised link to these Terms.
Please review these Terms carefully before using the Services. By using any of these Services, you accept these Terms.

  1. Licenses and Usage Rights

Subject to any subscription arrangements that may apply, you are authorised to download the video and audio files and other such content (“Content”) as is contained on the website in accordance with the Terms. The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and “˜look and feel” and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are our property and that of our licensors.  Subject to these Terms, you may access and use the Services only for your own personal and commercial use. We reserve all other rights to the Services and Content.  You also may not transfer or sublicense this limited right to use the Services or resell the Services.

 

 

1.1 License and Release Information for all Content on the Site

License and Author information for Content is available on the Content download page.

 

1.1(a) Royalty Free License

This is the current standard Videvo license. Content may be perpetually used without the need to pay further royalties or license fees and with no usage restrictions, such as length of time, regions or image size.  However, a subscription charge to access the Content may be payable (see Clause 5). No attribution is required to us, or the named author of the Content. It is strictly forbidden to redistribute this Content in its original form (i.e. for stock purposes) on other websites, blogs, file sharing sites, email or by any other method. You may use the Content in any personal or commercial project, unless the Content has been marked for Editorial Use Only (see Clause 1.2 below).

1.1(b) Videvo Standard License (legacy)

This is a legacy license and has ceased to apply to new Content, however Content originally licensed under this license remains subject to its terms.  Content licensed under the Videvo Standard License may be used free of charge on a Royalty-Free basis. No attribution is required to us, or the named author of the Content. It is strictly forbidden to redistribute this Content in its original form (i.e. for stock purposes) on other websites, blogs, file sharing sites, email or by any other method. You may use the Content in any personal or commercial project unless the Content has been marked for Editorial Use Only (see Clause 1.2  below).

1.1(c) Videvo Attribution License

Content licensed under the Videvo Attribution License may be used free of charge on a Royalty-Free basis. You must provide a credit to the named author of the Content. It is strictly forbidden to redistribute this Content in its original form (i.e. for stock purposes) on other websites, blogs, file sharing sites, email or by any other method. You may use the Content in any personal or commercial project, providing the Content has not been marked as Editorial Use Only (see Clause 1.2 below).

1.1(d) Creative Commons 3.0 Unported (CC BY 3.0) License

For Content marked Creative Commons 3.0 Unported (CC BY 3.0) You are free to:

Share, copy and redistribute the Content in any medium or format
Adapt, remix, transform, and build upon the Content for any purpose, even commercially.

The licensor cannot revoke these freedoms as long as you follow the license terms.

You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

For more information about CC BY 3.0, please refer to https://creativecommons.org/licenses/by/3.0/

1.1(e) Standard NASA License

Please refer to the guidelines for use of NASA imagery, located here

1.2 Content Marked “Editorial Use Only”

In addition to the Content License, Content may be marked as Editorial Use Only. In these instances, you are strictly forbidden from using such Content for commercial, advertising, marketing or promotional purposes.   Content which is Editorial Use only typically will not contain model or property releases in respect of any identifiable individuals or property shown in the Content.

 

 

1.3 Uploading Content to the Site

1.3.1 By uploading Content to the Site, you agree that you own full rights to the Content and that you agree that users of the Site may download and use your Content free of charge for use in any production, for an unlimited period of time, royalty-free. We will not be liable for any legal repercussions as a result of you uploading your Content.

1.3.2 We reserve the right to moderate and remove Content at any time without notice.  We also reserve the right to: (a) change, modify or discontinue some or all of the Services, (b) restrict the availability of Services, (c) deny users access to Services, (d) restrict the number of Services available to individual users, (e) offer individual service levels to individual users, and (f) remove an upload facility or any user Content at any time at our sole discretion, all without prior notice or liability. The Site should not be relied upon as a sole point of storage of Content.

1.4 Miscellaneous

1.4.1 You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to, be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else.

1.4.2 Additionally, you shall not use, allow, or enable others to use the Site which affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site.1.4.3 You shall not upload Content that unlawfully infringes the intellectual property rights or other rights of third parties, including, but not limited to, trademarks, copyright, trade secrets, patents, publicity rights or privacy rights.

1.4.4 When uploading any Content you must ensure that all releases, such as a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain, in respect of the Content (“Releases”) are in place.

1.4.5 By submitting Content to the Site you represent and warrant to us that you are the original creator of, and accordingly all rights, including copyright in and to the Content are owned by you or you have the permission of the copyright holder and that we are free to use the Content as provided in these Terms without obtaining permission or a licence from any third party.

1.4.6 Any recognizable audio incorporated with the video files are purely incidental and we give you no such license or authorization to use any of those audio or voice-overs included in any digital files. Again, you are not granted permission to alter such audio or a part of it included in those digital files. If you intended to do so for a commercial purpose, you must obtain a prior permission from the original author.

  1. Changes

We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

  1. The Service

The Site is owned and operated by Oxford Media Solutions. This is a web-based service accessible by computers, mobile phones, and other devices. The services offered by us also includes search tools, links to partner and third party sites, and links to sites made available by the users.

  1. Access to the Site

You are solely responsible to arrange and to pay for any service fees associated with your ability to access the Site as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In our sole discretion, any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.

  1. Subscriptions and Billing

5.1 We offer the facility to sign up to a subscription plan for the use of the Content.  You can sign up to such plan or find specific details regarding your subscription on our website.  We reserve the right to modify, terminate or otherwise amend our offered pricing and subscription plans from time to time.

5.2 You can upgrade, downgrade or cancel your pricing plan using your online account on the website.  If you are signing up to a subscription plan you must provide us with a current, valid, accepted method of payment, as may be advised by us from time to time (“Payment Method”).  We will bill the subscription fee, and any applicable taxes such as value added tax, to your Payment Method, typically on a monthly basis. You must cancel your subscription before it renews each subscription period in order to avoid billing of the next period’s subscription fees to your Payment Method.  Where you change your plan during a subscription period, we may bill you any difference between the subscription fee for your old and new plans for the remainder of that period.  The amount billed for the subscribed plan is a recurring amount which will only be varied in the event that you change your plan or we adjust the prices.  Where the applicable subscription fee is varied, you authorise us to charge your Payment Method for such varied amounts.

5.3 We reserve the right to adjust pricing for our Service in our sole discretion. Any price changes will take effect no earlier than 30 days following notice to you.  Subject to an initial 14-day cooling off period within which you will receive a full refund in the event of cancellation of your subscription, all payments are non-refundable and there are no refunds or credits for partially used periods.

  1. Terms applying to users of Content

In addition to the other terms set out above, if you are a customer on a subscription plan or purchasing a licence to Content from us, or otherwise using Content available on the Site, you agree that:

  • you will have a non-exclusive (unless otherwise stated by us), non-sublicensable and non-assignable right to reproduce the Content solely in the manner and for the purpose  specified by us;
  • you must comply with any of our policies regarding the Content, as advised to you or as set out on our website;
  • no ownership or copyright in any Content shall pass to you and you will not remove any notice of copyright, trademark or other propriety right from anywhere on the Content;
  • we do not warrant the accuracy of any captioning, keywording or any other information associated with the Content;
  • you may not use the Content in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials;
  • if any Content is reproduced by you for editorial purposes (i.e. for any non-promotional purpose), and where the licence terms so specify, you must include a copyright/credit attribution as advised by us;
  • you will examine the Content for possible defects (whether digital or otherwise) before sending it for reproduction. If you notify us within 30 days of a defect in Content materials or workmanship you are entitled to another digital copy of the Content free from defect or a refund of the Licence Fee paid by you at our option but otherwise we make no other warranty, express or implied;
  • we give no representations or warranties whatsoever as to the existence of any releases, such as a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain, in respect of the Content (“Releases”). We give no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Content, and you must satisfy yourself that all Releases as may be required for reproduction of the Content have been secured, you are solely responsible for obtaining all such Releases and the rights granted to you are conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Content usage, then it is your responsibility to consult with relevant parties. You will not rely upon any representation or warranty given by our employees or representatives save as set out in these Terms.
  • the fee charged to you may depend on the nature of the rights granted. You agree to notify us in the event that you desire to expand the usage for the Content and pay any additional fee. Use of any Content in a manner not specifically authorised under the terms set out by us in these Terms or elsewhere constitutes a breach of these Terms and an infringement of copyright.
  • In the event that you desire to expand the usage for the Audio Content, you may contact our Audio Content partners at: support@audiohero.com

 

  1. Warranty

We do not endorse any Content that may appear on or through the Site or Services and make no warranties, express or implied, as to their accuracy and reliability. We expressly disclaim any and all liability in connection with any and all such Content

  1. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services and you consent to our use of data in compliance with the Privacy Policy. Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

 

  1. Legal Complaints

We respect intellectual property rights. If you believe that Content on the Services infringes your intellectual property rights, please follow our procedures for making an infringement complaint. If you have a legal complaint other than an intellectual property complaint, please follow our procedure for making other legal complaints.

  1. Third Party Content

We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

  1. Use of the Services

The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:

– Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
– Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
– Frame the Services, display the Services in connection with an unauthorised logo or mark, or do anything that could falsely suggest a relationship between us and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
– Violate any person’s or entities legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
– Transmit files that contain viruses, spyware, adware, or other harmful code;
– Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
– Interfere with others using the Services or otherwise disrupt the Services;
– Engage in unauthorised spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
– Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
– Defeat any access controls, access any portion of the Services that we have not authorised you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

  1. Disclaimers : Limitations of Liability

12.1 We do not warrant: (1) that the services, any of the Services’ functions or any Content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the Services or the servers hosting them are free of viruses or other harmful code; or (4) that the Services or information available through the Services will continue to be available. We disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all Content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”

12.2 We will not be held legally accountable for intellectual property claims regarding user uploads. While the uploading user is required to certify that the Content is original Content and that it owns the intellectual property in the same,  we will not be held liable for copyright claims against users.

12.3 We will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) in connection with the services or your user submissions, even if foreseeable or 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, but excluding wilful misconduct) unless specified in writing.  Our liability in connection with the services or your user submissions for willful misconduct will not exceed the amount paid by you to us in the three months preceding the claim.
12.4 Your access to and use of the services is at your risk. If you are dissatisfied with the services or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the services.

  1. Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with the laws of England and Wales, and the courts of London, England shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts; provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law. We make no representation that information, Content and materials on the Sites (including Submissions) are appropriate or available for use in any particular location. If you choose to access the Sites you do so on your own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  1. Arbitration

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the laws of England and Wales, and the courts of London. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

  1. Termination

15.1 These terms of use are effective shall be effective on from date you first download, install or use Content and shall continue in effect until terminated until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.
15.2 We may immediately terminate these terms of use with respect to you (including your access to the Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise.
15.3 We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of intellectual property rights. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

  1. General Provisions

16.1 If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these terms of use.

16.2 Except where expressly provided to the contrary, these terms of use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise, except that any of our group undertakings may enforce any provision of these terms of use as if it were a party to them.
16.3 These terms and conditions are the entire agreement between you and us in relation to the provision and use of the Services.  If you have any queries you can write to us at:

Oxford Media Solutions Limited, Office 5, Bullingdon House, Oxford, OX4 1UE, United Kingdom.