AirVūz Terms of Use

1. Your Acceptance

  1. By using or visiting the AirVūz website or any AirVūz product, software, data feed, andservices provided to you on, from, or through the AirVūz website (collectively the “Service”) you signifyyour agreement to (1) these terms and conditions (the “Terms of Use”), (2) AirVūz’s Privacy Policy, found at(INSERT URL) and incorporated herein by reference and (3) AirVūz’s Copyright policy (INSERT URL) and alsoincorporated herein by reference. If you do not agree to any of these terms, the AirVūz Privacy Policy, orAirVūz’s Copyright policy, please do not use the Service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Use, youshould periodically review the most up-to-date version. AirVūz may, in its sole discretion, modify or revisethese Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions.Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. Use

  1. These Terms of Use apply to all users of the Service, including users who are alsocontributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos,sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on,access through, or contribute to the Service. The Service includes all aspects of AirVūz, including but notlimited to all products, software, and services offered via the AirVūz website, such as the AirVūz profiles,the AirVūz “Embeddable Player”, the AirVūz “Uploader” and other applications.
  2. The Use may contain links to third party websites that are not owned or controlled by AirVūz.AirVūz has no control over, and assumes no responsibility for, the content, privacy policies, or practices ofany third party websites. In addition, AirVūz will not and cannot censor or edit the content of anythird-party site. By using the Service, you expressly relieve AirVūz from any and all liability arising fromyour use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms ofuse, privacy policy of each other website that you visit.

3. AirVūz Accounts

  1. In order to access some features of the Service, you will have to create an AirVūz account.You may never use another’s account without permission. When creating your account, you must provide accurateand complete information. You are solely responsible for the activity that occurs on your account, and youmust keep your account password secure. You must notify AirVūz immediately of any breach of security orunauthorized use of your account.
  2. Although AirVūz will not be liable for your losses caused by any unauthorized use of youraccount, you may be liable for the losses of AirVūz or others due to such unauthorized use.

4. General Use of the Service - Permission and Restrictions

AirVūz hereby grants you permission to access and use the Service as set forth in these Terms of Use providedthat:
  1. You agree to not distribute in any medium any part of the Service or the Content withoutAirVūz’s prior written authorization, unless AirVūz makes available the means for such distribution throughfunctionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify and part of the Service.
  3. You agree not to access Content through any technology or means other than the video playbackpages of the Service itself, the Embeddable Player, or other explicitly authorized means AirVūz maydesignate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain AirVūz’s priorwritten approval:
    1. the sale of access to the Service.
    2. the sale of advertising, sponsorships, or promotions placed on or within the Serviceor Content; or
    3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blogor website containing Content delivered via the Service, unless other material not obtained fromAirVūz appears on the same page and is of sufficient value to be the basis for such sales.
  5. Prohibited commercial uses do not include:
    1. uploading an original video to AirVūz, or maintaining an original profile on AirVūz,to promote your business or artistic enterprise;
    2. showing AirVūz videos through the Embeddable Player on an ad-enabled blog or website,subject to the advertising restrictions set forth above, or;
    3. any use that AirVūz expressly authorizes in writing.
  6. If you use the Embeddable Player on your website, you may not modify, build upon, or block anyportion or functionality of the Embeddable Player, including but not limited to links back to the AirVūzwebsite.
  7. If you use the AirVūz Uploader, you agree that it may automatically download and installupdates from time to time from AirVūz. These updates are designed to improve, enhance and further develop theUploader and may take the form of bug fixes, enhanced functions, new software modules and completely newversions. You agree to receive such updates (and permit AirVūz to deliver these to you) as part of your useof the Uploader.
  8. You agree not to use or launch any automated system, including without limitation, “robots”,“spiders”, or “offline readers” that accesses the Service in a manner that sends more request messages to theAirVūz servers in a given period of time than a human can reasonably produce in the same period by using aconventional on-line web browser. Notwithstanding the foregoing, AirVūz grants the operators of public searchengines permission to use spiders to copy materials from the site for the sole purpose of and solely to theextent necessary for creating publicly available searchable indices of the materials, but not caches orarchives of such materials. AirVūz reserves the right to revoke these exceptions either generally or inspecific cases. You agree not to collect or harvest any personally identifiable information, includingaccount names, from the Service, nor to use the communication systems provided by the Service (e.g. comments,email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any usersof the Service with respect to their Content.
  9. In your use of the Service, you will comply with all applicable laws.
  10. AirVūz reserves the right to discontinue any aspect of the Service and/or Use at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specificallyto your use of content:
  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on theService, are owned by or licensed to AirVūz, subject to copyright and other intellectual property rightsunder the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal usesolely as intended through the provided functionality of the Service and as permitted under these Terms ofUse. You shall not download any Content unless you see a “download” or similar link displayed by AirVūz onthe Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell,license, or otherwise exploit any Content for any other purposes without the prior written consent of AirVūzor the respective licensors of the Content. AirVūz and its licensors reserve all rights not expressly grantedin and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features ofthe Service or features that prevent or restrict use or copying of any Content or enforce limitations on useof the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety ofsources, and that AirVūz is not responsible for the accuracy, usefulness, safety, or intellectual propertyrights of or relating to such Content. You further understand and acknowledge that you may be exposed toContent that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby dowaive, any legal or equitable rights or remedies you have or may have against AirVūz with respect thereto,and, to the extent permitted by applicable law, agree to indemnify and hold harmless AirVūz, its owners,operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all mattersrelated to your use of the Service.

6. Your Content and Conduct

  1. As an AirVūz account holder you may submit Content to the Service, including videos and usercomments. You understand that AirVūz does not guarantee any confidentiality with respect to any Content yousubmit.
  2. You shall be solely responsible for your own Content and the consequences of submitting andpublishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessarylicenses, rights, consents, and permissions to publish Content you submit; and you license to AirVūz allpatent, trademarks, trade secret, copyright or other proprietary rights in and to such Content forpublication on the Service pursuant to these Terms of Use.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submittingContent to AirVūz, you hereby grant AirVūz a worldwide, non-exclusive, royalty-free, sublicenseable andtransferable license to use, reproduce, distribute, prepare derivative works of, display, and perform theContent in connection with the Service and AirVūz's (and its successors' and affiliates') business, includingwithout limitation for promoting and redistributing part or all of the Service (and derivative works thereof)in any media formats and through any media channels. You also hereby grant each user of the Service anon-exclusive license to access your Content through the Service, and to use, reproduce, distribute, displayand perform such Content as permitted through the functionality of the Service and under these Terms of Use.The above licenses granted by you in video Content you submit to the Service terminate within a commerciallyreasonable time after you remove or delete your videos from the Service. You understand and agree, however,that AirVūz may retain, but not display, distribute, or perform, server copies of your videos that have beenremoved or deleted. The above licenses granted by you in user comments you submit are perpetual andirrevocable.
  4. You further agree that Content you submit to the Service will not contain third partycopyrighted material, or material that is subject to other third party proprietary rights, unless you havepermission from the rightful owner of the material or you are otherwise legally entitled to post the materialand to grant AirVūz all of the license rights granted herein.
  5. You further agree that you will not submit to the Service any Content or other material thatis contrary to the AirVūz Terms of Use, which may be updated from time to time, or contrary to applicablelocal, national, and international laws and regulations.
  6. AirVūz does not endorse any Content submitted to the Service by any user or other licensor, orany opinion, recommendation, or advice expressed therein, and AirVūz expressly disclaims any and allliability in connection with Content. AirVūz does not permit copyright infringing activities and infringementof intellectual property rights on the Service, and AirVūz will remove all Content if properly notified thatsuch Content infringes on another's intellectual property rights. AirVūz reserves the right to remove Contentwithout prior notice.

7. Account Termination Policy

  1. AirVūz will terminate a user's access to the Service if, under appropriate circumstances, theuser is determined to be a repeat infringer.
  2. AirVūz reserves the right to decide whether Content violates these Terms of Use for reasonsother than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.AirVūz may at any time, without prior notice and in its sole discretion, remove such Content and/or terminatea user's account for submitting such material in violation of these Terms of Use.

8. Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes uponyour copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") byproviding our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for furtherdetail):
    • A physical or electronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, a representative listof such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subjectof infringing activity and that is to be removed or access to which is to be disabled and informationreasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, suchas an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the mannercomplained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty ofperjury, that you are authorized to act on behalf of the owner of an exclusive right that isallegedly infringed.