PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THESE SERVICES. BY USING THESE SERVICES, YOU AGREE TO THESE TERMS OF USE.

The following Terms of Use (the “Terms of Use”) apply to your use of the FunVidi.com website.

These Terms of Use set forth certain terms and conditions of the legal contract between you and FunVidi with respect to your use of the FunVidi Website, whether you are an unregistered visitor (“Visitor“) or a free account holder (“Free Account Holder“). By using, visiting, or browsing any of the FunVidi Services, you agree to be bound by these Terms of Use, as well as our Privacy Policy. In addition, if you make any purchases through FunVidi, you agree to be also bound by our Terms of Sale. If you do not agree to these Terms of Use, please do not use the FunVidi Website.

1. CERTAIN DEFINITIONS:

As used herein, the following capitalised terms shall have the meanings set forth as follows:

“Content” means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog, or otherwise.

“Collaborative Content” means any customised Content that results from users incorporating User Materials into FunVidi Content (as defined below) as the functionality of the FunVidi Website may allow and enable from time to time.

“FunVidi Content” means any and all Content (excluding User Materials) made available through the FunVidi Website.

“User Materials” means Content which users upload, submit, or otherwise make available through the FunVidi Website.

2. TERM/FEES:These Terms of Use shall remain in full force and effect for as long as you use the FunVidi Website, whether as a Visitor or Free Account Holder (the “Term“). You may terminate your free account or membership at any time and for any reason by email notification to hello@funvidi.com. FunVidi may terminate your free account or membership at any time and for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process. If FunVidi terminates your account due to a breach of these Terms of Use, you shall not be entitled to any refund. Even after the account is terminated, these Terms of Service will remain in full force and effect.

By using the FunVidi Website, you acknowledge that FunVidi reserves the right to charge a payment for its services and the right to terminate your account should you breach these Terms of Use or fail to pay for the services, as required by these Terms of Use or our Terms of Sale.

3. ELIGIBILITY; LIMITED USER LICENSE FOR FUNVIDI CONTENT:

Use of the FunVidi Website is void where prohibited by law. By signing up to become a Free Account Holder, you represent and warrant that: (i) all registration information submitted directly by you is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 16 years of age; and (iii) your use of the FunVidi Website does not violate any applicable law or regulation. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or membership data. We may, in our sole discretion, refuse to offer the FunVidi services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time.

Subject to your strict compliance with these Terms of Use and except as otherwise expressly permitted by these Terms of Use, FunVidi grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view, and/or play the FunVidi Content for your personal, non-commercial use only.

4. USER CONDUCT:

All FunVidi Content is solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all User Materials posted or distributed by you or through your account with FunVidi. You agree not to: (i) violate any applicable law or regulation; (ii) submit or upload any materials that conflict with any of your representations and warranties set forth in Section 15 of these Terms of Use; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available through the FunVidi Website for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the FunVidi Website; (vi) interfere with or damage the FunVidi Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use the FunVidi Website to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use the FunVidi Website in connection with the distribution of unsolicited commercial e-mail (“Spam“) or advertisements; (ix) “stalk” or harass any other user of the FunVidi Website; (x) collect or store any information about any other user other than in the course of the permitted use of the FunVidi Website; (xi) use the FunVidi Website for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service); (xii) sell or otherwise transfer any user information (e.g., user profiles) or other user’s User Materials); or (xii) assist any third party in doing any of the foregoing.

Your FunVidi account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in FunVidi’s sole discretion. Information provided by other FunVidi users may contain inaccurate, inappropriate, and/or offensive material, and FunVidi assumes no responsibility or liability for this material.

5. PRIVACY:

The FunVidi Website allows, among other things, users who are 16 or older to upload User Materials which may contain personal content (e.g., photographs and information about themselves and others for whom they have the authority or permission to post photos and information) to be shared, sent, and/or posted both in public forums and through private messaging. Accordingly, by submitting personal content through the FunVidi Website, you hereby waive any and all privacy expectations (including the privacy expectations of any other individual who appears in the submitted content) with respect to FunVidi’s use of such content. If you do not wish to have personal content viewable by others, you should not use the FunVidi Website.

6. OWNERSHIP:

You retain all right, title, and interest in and to the User Materials uploaded by you hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to FunVidi under these Terms of Use. You are free to grant similar rights to others during and after the Term. For the avoidance of doubt, when you upload User Materials through the FunVidi Website, you acknowledge that third parties may use your User Materials.

7. LICENSE FOR USER MATERIALS:

You hereby agree not to assert any right, title, or interest in any and all Trademarks and FunVidi Content with which your User Materials may be combined or into which all or any portion of your User Materials may be incorporated. You acknowledge and agree that all right, title, and interest (including, without limitation, copyright, trademark, and other intellectual property rights) in and to any and all Trademarks and FunVidi Content shall remain the sole and exclusive property of FunVidi. For the avoidance of doubt, with respect to any and all Collaborative Content, you acknowledge and agree that your rights therein and thereto shall be expressly limited to your User Materials contained in such Collaborative Content and shall in no event extend to any FunVidi Content.

8. UNSOLICITED USER SUBMISSIONS:

FunVidi does not solicit user submissions of content/product/service/business ideas, concepts, suggestions, or proposals, including, without limitation, stories, scripts, fan fictions, characters, designs, drawings, or artwork. We ask that you do not make unsolicited submissions to FunVidi. If you do make an unsolicited submission to FunVidi, however, you expressly acknowledge and agree that: (i) your submission is not being made in confidence or in trust, and no contractual, fiduciary, or confidential relationship of any kind (whether express or implied) is created between you and FunVidi by reason of your submission; (ii) FunVidi will be free (with no obligation) to use your submission for any purpose and in any format or medium, and FunVidi will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval, or inspection of any kind whatsoever with respect to any such use; (iii) FunVidi may have independently developed, or may hereafter independently develop Content or material that is similar to your submission, and any similarity between your submission and any FunVidi Content or material or production is purely coincidental; (iv) your submission is not returnable and may be retained indefinitely by FunVidi; (v) to the extent your submission includes any idea, concept, recommendation, suggestion, or proposal for a prospective product or service name, mark, logo, slogan, tagline, domain name, or other source identifier, FunVidi will be free (with no obligation) to adopt, use, register, and license to others such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, registration, and licensing; and (vi) you waive the right to assert against FunVidi, and you release and forever discharge FunVidi from, any and all claims and damages based upon or relating to your submission, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.

9. PROPRIETARY RIGHTS:

You acknowledge and agree that you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any FunVidi Content, or otherwise use any FunVidi Content in any way. You also agree not to retrieve data or other content or any materials from the FunVidi Website to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots,” or otherwise. You further agree not to use any FunVidi Content as metatags on other web sites.

10. USERNAME AND PASSWORD:

Any eligible user who creates a FunVidi account will select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password, or third-party credentials, for accessing FunVidi and will be solely and fully responsible for all activities that occur under that account. You agree to (a) immediately notify FunVidi of any unauthorized use of your username and password or any other breach of security and (b) log off from your account at the end of each session. FunVidi cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 14.

11. REPRESENTATIONS AND WARRANTIES:

You represent and warrant that:

1. you have the full right and power to enter into and perform these Terms of Use and to grant FunVidi all rights to use your User Materials (including individuals’ names, likenesses, voices, and other elements of identity embodied therein) as contemplated in these Terms of Use, including, without limitation, the license grants in Sections 8 and 9 of these Terms of Use;
2. you exclusively own and/or control all right, title, and interest (including, without limitation, copyright) in and to your User Materials, and have secured all necessary third-party consents, rights, licenses, and permissions, if any, required in order for you to enter into and perform these Terms of Use and to grant FunVidi all rights to use your User Materials (including individuals names, likenesses, voices, and other elements of identity embodied therein) as contemplated in these Terms of Use (including, without limitation, consents, and permissions from owners of any elements that are used or otherwise incorporated into your User Materials);
3. your User Materials (and FunVidi’s use thereof as contemplated under these Terms of Use) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party;
4. all information that you have provided or will provide to FunVidi is true and complete;
5. your User Materials do not and will not violate any law, statute, ordinance, or regulation;
6. your User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors or constitute violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; (viii) contain your or any other individual’s personal contact information; (ix) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without FunVidi’s prior written consent; and
7. your User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data.
8. USER DISPUTES:

It is important to keep in mind that you are solely responsible for your interactions with other users. FunVidi reserves the right, but has no obligation, to monitor disputes between you and other users.

13. DOWNLOADABLE ITEMS; COLLABORATIVE CONTENT:

To the extent that FunVidi makes any applications, software, or functionalities available for download or use through any of the FunVidi Website (the “Downloadable Items“), such Downloadable Items are the copyrighted work (as between you and FunVidi) of FunVidi. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items.

With respect to any User Materials that you download from or through any of the FunVidi Website, you are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with such downloaded User Materials (including, without limitation, any such obligations that may arise from use by FunVidi of such User Materials as authorized in these Terms of Use). You also agree that any Downloadable Items you obtain from the FunVidi Website are only provided to you for your personal, non-commercial use and are not meant for you to further distribute.

Your use of any Collaborative Content is subject to the following additional terms and conditions: (i) the permission for you to use FunVidi Content to generate Collaborative Content or otherwise in association with your User Materials is expressly limited to FunVidi Content specifically made available by FunVidi for that purpose and may be revoked by FunVidi at any time without notice or liability to you; (ii) your use of Collaborative Content is subject to these Terms of Use and any additional terms and conditions as FunVidi may from time to time prescribe; (iii) you may NOT make any commercial use of any Collaborative Content or of any FunVidi Content embodied in any Collaborative Content, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, EXCEPT that you may use the FunVidi Website to generate and engage in Viral Distribution (as defined below) of Collaborative Content, but in each case only to the extent expressly permitted by these Terms of Use or otherwise by FunVidi; as used herein, “Viral Distribution” means, for non-commercial purposes only: (a) sending Collaborative Content to friends and/or acquaintances at no charge by e-mail, text, or other forms of digital delivery; (b) reproducing copies of Collaborative Content for personal use; and (c) posting and displaying links to Collaborative Content on a personal web site or on a third-party web site that permits posting of such links at the direction of users subject to its terms and conditions, provided that such third-party web site does not charge for access to the Collaborative Content or associate products, services, or advertising with the Collaborative Content. YOU AGREE NOT TO ENGAGE IN SPAMMING OR OTHER UNLAWFUL OR CONTROVERSIAL BEHAVIOR IN CONNECTION THEREWITH.

14. INDEMNITY:

You agree to defend, indemnify, reimburse, and hold FunVidi and its parents, subsidiaries and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the FunVidi Website; (ii) FunVidi’s use of your User Materials; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.

15. FUNVIDI’S PERFORMANCE:

FunVidi strives to provide you with the best possible experience, but we can’t guarantee that there will be no errors or interruptions on our end. You acknowledge and agree that the operation of the FunVidi Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and FunVidi shall not be responsible to you or others for any such interruptions, errors, or problems or an outright discontinuance of the FunVidi Website. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall actually be utilized through the FunVidi Website or if so utilized continue to be available for any particular time. FunVidi has the right, in FunVidi’s sole and absolute discretion, to remove from the FunVidi Website at any time your User Materials or any part thereof and/or to revoke any sublicense granted by FunVidi to any affiliate or unaffiliated third party. Notwithstanding the foregoing, FunVidi does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted through the FunVidi Website. The FunVidi Website may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the FunVidi Website.

16. NO WARRANTY:

ALL OF THE FUNVIDI SERVICES AND FUNVIDI CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNVIDI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE FUNVIDI SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE FUNVIDI SERVICES.

IN ADDITION, ALTHOUGH FUNVIDI INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS INTO THE FUNVIDI WEBSITE, AND WHETHER OR NOT FUNVIDI IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, FUNVIDI DOES NOT WARRANT THAT THE FUNVIDI SERVICES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE FUNVIDI SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.

BY ACCESSING OR USING ANY OF THE FUNVIDI SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH FUNVIDI SERVICES.

17. NO LIABILITY FOR THIRD-PARTY USE:

FUNVIDI DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE THROUGH THE FUNVIDI SERVICES BY YOU PURSUANT TO THESE TERMS OF SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR USER MATERIALS BY A THIRD PARTY AND NOT FROM FUNVIDI. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR USER MATERIALS FROM FUNVIDI (WHETHER OR NOT WITH FUNVIDI’S PERMISSION) AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM FUNVIDI AND THAT YOU WILL NOT HOLD FUNVIDI RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

18. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL FUNVIDI, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES), WHETHER OR NOT FUNVIDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OR PERFORMANCE OF THE FUNVIDI WEBSITE. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE FUNVIDI WEBSITE, AND/OR ANY USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR USER MATERIALS BY FUNVIDI).

19. ASSIGNMENT:

FunVidi shall have the right to assign these Terms of Use in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of FunVidi.

20. NOTICES:

All copyright infringement notifications to FunVidi in regard to any Content (including User Materials) available through the FunVidi Website must be made to hello@funvidi.com.

21. ENTIRE AGREEMENT:

These Terms of Use, together with our Terms of Sale, Privacy Policy, and Legal Notices, set forth the entire understanding and agreement of you and FunVidi as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. 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. FunVidi’s failure to act with respect to a breach by you or others does not waive FunVidi’s right to act with respect to antecedent, subsequent, or similar breaches.

22. MODIFICATION:

FunVidi reserves the right to change the terms of these Terms of Use from time to time in its sole discretion. In the event of such changes, FunVidi will post the changes on the FunVidi Website and/or notify you via email. Also, FunVidi may ask you to review and acknowledge or consent to the changes at the time of your next account login or at the time of your next usage of the FunVidi Website. By continuing to use the FunVidi Website, you agree to be bound by the changes to these Terms of Use and the new terms of the Terms of Use shall govern all prior and future submissions of your User Materials.