PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

www.videoelephant.comis a site operated by VideoElephant Limited ("we", “us”, “our” ).  We are registered in Ireland under company number [498898] and have our main office at 20 Lower Stephen Street, Dublin 2, Ireland

These terms of use (together with the documents referred to in it) (Website Terms) tells you the terms of use on which you may make use of our website www.videoelphant.com, whether as a guest or a registered Member. Use of our Site includes accessing, browsing, or registering to use our Site. Please read these Website Terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site.

Other applicable terms

These Website Terms refer to the following additional terms, which also apply to your use of our Site:

·       Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

·       Our Cookie Policy , which sets out information about the cookies on our Site

·       If you supply to or purchase goods from our Site, our General Terms and Conditions will apply to the sales or purchases, as appropriate, and these will be provided separately.

Changes

We may update our Site from time to time and  may change the content at any time. We may suspend, withdraw, discontinue or change all or any part of our Site without notice.  We make no representations, warranties or guarantees, whether express or implied that the content on our Site is accurate, complete or up-to-date nor that we screen or monitor any content. We do not guarantee that any content available on the Site complies with these Website Terms or is suitable for all users.

Use of the site

You must be at least 18 years of age to use the Site.

You must not use the Site for commercial purposes unless you are a Member. We grant you a limited, non-exclusive license to access and use the Site for your own personal, non-commercial purposes. This includes the right to view content available on the Site. This license is personal to you and may not be assigned or sublicensed to anyone else. If you are a Member you may use and access the Site for commercial purposes, subject to compliance with the applicable General Terms and Conditions.

Membership:  account and password

To register as a member you must provide a user name, password, and valid email address.  You must treat such information as confidential. You must not disclose it to any third party.  You must provide complete and accurate registration information to us and notify us if your information changes. The person whose email address is associated with the account must have the authority to bind the entity to these Website Terms.  . You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Website Terms  and other applicable terms and conditions, and that they comply with them.  We have the right to disable any user identification code or password if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@videoelpehant.com.

You may delete your account at any time. Basic accounts may be deleted if they remain inactive (i.e., the user fails to log in) for a continuous period of at least [ six (6)]  months. We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we believe  that you have violated any provision of these Website Terms,  breached any terms of the applicable General Terms and Conditions  including non payment of any license fees due, or that your conduct or content would tend to damage VideoElephant’s reputation and goodwill. In such instances, content that you submitted may no longer be available. VideoElephant shall not be responsible for the loss of such content.

Copyright and other Intellectual property rights

Your use of content on this site

We are the owner or the licensee of the copyright and other intellectual property rights in our site, , including videos, image, text, audio recordings,  trade marks, logos, website design and other protected material published on the site, and database rights and computer software underlying the operation of the site (“the content”) .  The content is protected by laws and treaties around the world.  All rights in the content are reserved.

VideoElephant grants you a limited, non-exclusive licence to access and view the content, but you  must be aware that unless you have purchased a license from us  you may not reproduce, re-publish, sell, distribute, adapt or create derivative works from the content, you may not make automated or systematic extractions of content from the site and you may not decompile, reverse engineer or disassemble any software or other operational component of the site.

Infringing content

VideoElephant respects copyright. If you believe that your copyright has been infringed by the publication of any item of content on this site, please send us a signed notice containing the following information: (i)  Your name, address, telephone number and email address; (ii)a description of the item of content in which you claim the copyright is infringed; (iii)  a statement that you believe on valid grounds that the publication of the item of content on the site is not authorised by the copyright owner or the owners agent, and is not the subject of an exception to copyright; (iv) an assurance that you will, if required, provide a sworn statement that the information furnished by you is correct.

On receipt of such a notice, we will investigate your claim, will respond within a reasonable period, and where appropriate, will remove the item of content from the site.

Limitation of our liability

Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Site; or (ii) use of or reliance on any content displayed on our Site.  If you are a business user, please note that in particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We rely on assurances given by providers of content on our site that they hold sufficient right and title to the copyright and other intellectual property rights in the content to authorise us to make the content available on the site. VideoElephant does not accept responsibility for breach of any such right.  Nor do we accept responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply or purchase of any goods by you, which will be set out in our General Terms and Conditions of supply, which will be provided to you separately.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out below as well as the General Terms and Conditions.  You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you  upload to our Site will be considered non-confidential and we have the right to use, copy, distribute to third parties in accordance with our General Terms and Conditions.

Furthermore, we may from time to time provide interactive services on our Site, including, without limitation: Chat rooms; Bulletin boards. [LIST ANY OTHER INTERACTIVE FEATURES]

(interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

You may use our Site only for lawful purposes. You may not use our Site: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; (iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below; (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)

You also agree that anything uploaded by you or which you contribute , including related to the interactive services, complies with applicable law in Ireland and in any country from which they are posted, must be accurate (where they state facts) and be genuinely held (where they state opinions).

In terms of content standards, uploads or contributions must not (i) contain any material which is defamatory of any person; ( ii) contain any material which is obscene, offensive, hateful or inflammatory;  (iii) promote sexually explicit material; (iv) promote violence (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) infringe any copyright, database right or trade mark of any other person; (vii) be likely to deceive any person; (viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (ix) promote any illegal activity;  (x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (xi) be likely to harass, upset, embarrass, alarm or annoy any other person; (xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;  (xiii) give the impression that they emanate from us, if this is not the case; or  (xiv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Website Terms through your use of our Site. When a breach of has occurred, we may take such action as we deem appropriate

which may include taking all or any of the following actions: (i) immediate, temporary or permanent withdrawal of your right to use our Site, (ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our Site (iii) issue of a warning to you (iv) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and  (v) further legal action against you.

We exclude liability for actions taken in response to breaches as described.

Indemnification

You will indemnify, defend, and hold harmless VideoElephant and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Site; (ii) assert a violation by you of any term of this Website Terms; or (iii) assert that any content you submitted to VideoElephant violates any law or infringes any third party right, including any intellectual property or privacy right.

Disclaimers

VideoElephant provides the Site and content on an "as is" and "as available" basis. You therefore use the Site at your own risk. Except where you are a Member, VideoElephant 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, VideoElephant makes no representations or warranties: (i) that the Site will be permitted in your jurisdiction; (ii) that the Site will be uninterrupted or error-free; (iii) concerning any content submitted by any Member; (vi) or that the Site or content will meet your business or professional needs; or (vii) that VideoElephant will continue to support any particular feature of the Site.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Site will cease immediately.

Links to and from our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out above.  

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have exclusive jurisdiction.

Trade marks

"VideoElephant" is a trade mark of VideoElephant.

Contact us

To contact us, please email:  info@videoelephant.com

Thank you for visiting our Site.