End user agreement for Metacafe for Windows
METACAFE RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. METACAFE WILL POST THE LATEST VERSION OF THE AGREEMENT AT www.metacafe.com/terms AT ALL TIMES, THE LATEST VERSION OF THE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SHALL SUPERSEDE ANY OTHER VERSION.
IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE PRODUCT, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US, AND NOT TO USE OUR PRODUCT. BY PRESSING THE "I AGREE" BUTTON AND/OR BY INSTALLING OR USING THIS PRODUCT, YOU DECLARE YOU ARE OVER THE AGE OF 13.
Description of the Product
The Product offers a platform which allows users to submit Data (as defined below) to be automatically delivered based on push technology to other users of the Product, thus allowing users of the Product a channel for distribution of their Data to the MetaCafe community on the one hand and on the other hand receiving Data submitted by other users without actively searching and without the discomfort of streaming or buffering. Users can customize the way Data is to be delivered using channels and filters. Without derogating from the provision of the “User Conduct” Section below, note that as a mean to further protect copyrights of third parties MetaCafe may impose additional and separate provisions for not allowing submission of certain file formats and/or sizes.
Grant of License. Pursuant to the terms and conditions herein, MetaCafe grants you a personal, non-exclusive, non-transferable, non-sublicensable license to download, install and use the Product, for the term of this Agreement, solely for your own personal, non-commercial purposes (unless otherwise expressly agreed by MetaCafe under a separate agreement), and subject to the terms and conditions of this Agreement. Except as expressly permitted in this license, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, make copies of, create derivative works from the Product. All rights not expressly granted by MetaCafe to you are retained by MetaCafe and/or its licensors.
Password and Security. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information (such as user ID) required for your use of any of the features of the Product. MetaCafe does not guarantee the security of any data or materials (“Data”) stored/ transmitted/ posted/ submitted and/or managed through the Product. You are solely responsible for all the Data uploaded to the Product under your user ID, username and/or password. If you lose control of your password, or you allow another person or entity to access and use the Product using your user ID, username and/or password you will be solely responsible for all the consequences of actions performed through/under your user ID, username and/or password and for all the Data stored/ transmitted/ posted/ submitted and/or managed in/through your username and password. Without limiting any of the foregoing, you must immediately notify MetaCafe if you become aware of any loss, theft, or unauthorized use of your password or of any other unauthorized use of any user's information, data, or of the Product or any other breach of security that is known or suspected by you.
User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Product, and your use thereto. In addition, without limiting from the generality of the foregoing, you agree not to use, or endorse or in any other way allow use of the Product to: (a) or in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit/ submit through or post on or manage through the Product unlawful, harassing, libelous, abusive, tortuous, defamatory, threatening, harmful, invasive of another's privacy, hateful, vulgar, obscene or racially, ethnically or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) copy/ reproduce/ store/ transmit/ post/ submit/ publicly display and/or manage any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) store/ transmit/ post/ submit/ manage any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots (f) interfere with or disrupt servers or networks connected to the Product or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Product, other accounts, computer systems or networks connected to the service, through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the Product; or (i) to otherwise misuse or abuse any system or system resources related to the Product, including without limitations any storage space, or bandwidth.
Control of Content and Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data stored, transmitted, posted, submitted and/or managed by you, and for any use by you or by any other third party of such Data, including all Data to which you have granted access to any other third party. For the avoidance of doubt, MetaCafe shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store such Data nor for any use of such Data by you or by any other third party.
Without limiting any of the foregoing, you hereby represent and warrant that: (1) any Data You transmit/ post/ store/ submit and/or otherwise use or manage through the Product does not and will not infringe on any third party's rights, including without limitation copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; and that (2) the Data does not and will not violate any law, statute, ordinance or regulation; and that (3) the Data is not and will not be defamatory or trade libelous(4) the Data is not and will not contain software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots.
License to MetCafe for submitted Content. By transmitting and/or submitting any Data through or in connection with the Product you automatically grant to MetCafe a royalty-free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Data (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed; and to allow third parties to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Data (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Measures and Enforcement. Your failure to comply with any of the provisions mentioned under the User Conduct section or any other provision of this Agreement, automatically nullifies any obligation MetaCafe may have to contact you or provide you with any notice required by this Agreement or by law. You hereby agree, that if MetaCafe believes, in its own discretion, that you directly may be connected with such activities, MetaCafe may be required to disclose such a conduct and the suspected infringing user's Data and/or Information to the proper authorities. Without limiting the foregoing, MetaCafe reserves its right to terminate any account and/or remove any Data from the Product if (a) it is brought to MetaCafe’s attention that you and /or the Data may be in breach of any of your obligations, representations, or warranties hereunder, (b) MetaCafe is advised of a court order requiring removal of the Data or (c) any third-party claims are made relating to the Data.
MetaCafe has no obligation to monitor the Data or any user's use of the Product thereof. However, MetaCafe reserves the right at all times to use various technological and other measures (such as: client-server procedures), and you hereby agree to MetaCafe's use of such measures, in order to monitor, review, retain and/or disclose any Data and related information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or in order to respond to Product or technical problems or as stated in this Agreement.
You agree to indemnify MetaCafe and hold it harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from Data you submit or post to or through the Product and/or any violation of any obligation hereunder.