Last Updated: January 1, 2016
**PLEASE READ THIS DOCUMENT CAREFULLY. India Videos Online, Inc. ("India Videos Online," "we," or "us") offers an online video sharing platform and community through its website located at India Videos Online.com and other India Videos Online-operated sites (collectively, the "India Videos Online Site"), mobile applications, connected TV applications, and other online services (collectively and including the India Videos Online Site, the "India Videos Online Service"). By registering as a member or by using the India Videos Online Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and India Videos Online. If you do not wish to be bound by this Agreement, do not use the India Videos Online Service. **
AGE REQUIREMENT: You must be at least 13 years old to use the India Videos Online Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the India Videos Online Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the India Videos Online Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the India Videos Online Service. If your child is using the India Videos Online Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the India Videos Online Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the India Videos Online Service and/or have your parent's or guardian's permission, some of the content available within the India Videos Online Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
LICENSE: India Videos Online grants you a limited, non-exclusive license to access and use the India Videos Online Service for your own personal, non-commercial purposes. This includes the right to view content available on the India Videos Online Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the India Videos Online Service for commercial purposes unless:
If you sell India Videos Online-hosted videos directly to users other than through India Videos Online On Demand, such usage will be deemed an "Application" under our India Videos Online API Terms (whether you use our API or not) and will be subject to our API Terms (available on request).
RESTRICTIONS: Except as expressly permitted by India Videos Online in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the India Videos Online Service or any source code therein. Nor will you attempt to circumvent any of India Videos Online's technical measures or take any measures to interfere with or damage the India Videos Online Service. All rights not expressly granted by India Videos Online are reserved.
MOBILE SITE AND APP: Your use of the India Videos Online Service through one of our mobile applications is also subject to our Mobile App Addendum(availabe on request).
REGISTRATION: To fully use the India Videos Online Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to India Videos Online and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the India Videos Online Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other India Videos Online members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a India Videos Online member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
India Videos Online PLUS, PRO AND BUSINESS: In addition to offering Basic (free) India Videos Online memberships, we will soon offer India Videos Online Plus, PRO, and India Videos Online Business subscriptions. Please contact us for current Plus, PRO, and Business features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native India Videos Online player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with the India Videos Online Business subscription, or additional bandwidth for applications not using the India Videos Online player may request a custom account by contacting us here: India Videos Online.com - help/contact. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by India Videos Online. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. India Videos Online reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a India Videos Online Plus, PRO, or Business subscription ends, the account automatically becomes a Basic (free) account and India Videos Online may disable access to or delete any content to comply with Basic account limits. If you're using India Videos Online for commercial purposes, you will need to maintain a India Videos Online PRO, Business, or custom plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the India Videos Online Service are subject to our Payment Terms (available on request) and to other terms and conditions that are presented to you at the time of purchase.
TERM: This Agreement begins on the date you first use the India Videos Online Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the India Videos Online Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: India Videos Online may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if India Videos Online determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage India Videos Online's reputation and goodwill. If India Videos Online deletes your account for the foregoing reasons, you may not re-register for the India Videos Online Service. India Videos Online may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by India Videos Online will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. India Videos Online shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
All videos you submit must also comply with the India Videos Online Guidelines, which are incorporated into this Agreement.
In using the India Videos Online Service, you must behave in a civil and respectful manner at all times. Further, you will not:
India Videos Online has the right, but not the obligation, to monitor all conduct on and content submitted to the India Videos Online Service.
LICENSE TO India Videos Online: As between you and India Videos Online, you own the video content ("videos") that you submit to the India Videos Online Service. By submitting a video, you grant India Videos Online and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the India Videos Online Service; (ii) displaying the video on third party websites and applications through a video embed or India Videos Online's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the India Videos Online Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the India Videos Online Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the India Videos Online Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that India Videos Online has no control over such caching.
As between you and India Videos Online, you own all non-video content that you submit to the India Videos Online Service. You grant India Videos Online and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the India Videos Online Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to India Videos Online on improving or adding new features to the India Videos Online Service, India Videos Online shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to India Videos Online and grant the licenses set forth above; (ii) India Videos Online will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless India Videos Online and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the India Videos Online Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to India Videos Online violates any law or infringes any third party right, including any intellectual property or privacy right.
India Videos Online respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. Please contact support team for more details on this. For other intellectual property claims, please send us a notice at legal[at]India Videos Online[dot]com.
India Videos Online reserves the right to modify the India Videos Online Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the India Videos Online Service. India Videos Online has no obligation to screen or monitor any content and does not guarantee that any content available on the India Videos Online Service complies with this Agreement or is suitable for all users.
India Videos Online provides the India Videos Online Service on an "as is" and "as available" basis. You therefore use the India Videos Online Service at your own risk. India Videos Online expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, India Videos Online makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the India Videos Online Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) India Videos Online shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) India Videos Online's total liability to you shall not exceed the amounts paid by you to India Videos Online over the twelve (12) months preceding your claim(s).
All pictures, graphics, videos, and other visual media displayed on the India Videos Online Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. India Videos Online is not the primary producer of the visual content contained in the India Videos Online Service.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the India Videos Online Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, India Videos Online and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by India Videos Online in exercising any right hereunder will waive any further exercise of that right. India Videos Online's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without India Videos Online's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from India Videos Online electronically. India Videos Online may provide all such communications by email or by posting them on the India Videos Online Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to India Videos Online at legal[at]India Videos Online[dot]com or the following address:
India Videos Online, Inc. 555 West 18th Street New York, New York 10011 Attention: Legal Department
Nothing herein shall limit India Videos Online's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by India Videos Online on the India Videos Online Site or a written amendment signed by an authorized representative of India Videos Online. A revised Terms of Service will be effective as of the date it is posted on the India Videos Online Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference (details available on request):
This Agreement constitutes the entire understanding between India Videos Online and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT. Have a nice day.