Effective date July 31, 2014
VuCrew is operated by Bad Salmon Technologies, LLC (“BST”).
TABLE OF CONTENTS
- Acceptance of Terms of Service
Each time You access VuCrew, or post or access VuCrew User Content, You agree to be bound by these Terms of Service (“TOS”). These TOS may be updated by VuCrew from time to time in VuCrew’s sole discretion, and any such updates posted here will apply to You prospectively.More
- Permitted Uses
By using VuCrew, You are permitted to view and share Your content and the content of other VuCrew Users as authorized by the User Content License located in these TOS. More
- User Content License
By posting content on VuCrew (“User Content”), You are granting all other users of VuCrew as well as VuCrew, the right to share Your User Content. You may share any User Content posted on VuCrew, subject to the usage guidelines and the attribution policy. You are responsible for any User Content You stream. No confidential or fiduciary relationship is created by Your posting User Content on VuCrew. More
- You Agree to Our Location Tracking
By accessing and using VuCrew, and posting User Content, You agree that We may use tracking technologies associated with VuCrew to collect and process information about Your current location.More
- Access to the Site and Availability of VuCrew Services
- Public Nature of VuCrew
All User Content posted on VuCrew is available for viewing by other VuCrew Users. While We may offer You the ability to post Your User Content anonymously, please be aware that Your account information relating to Your User Content may still be stored by Us. More
- Your Conduct and Acceptable Use
Your use of VuCrew and posting of User Content is subject to our rules regarding acceptable conduct and applicable laws. When filming with VuCrew, please obey the law and respect people’s privacy.https://www.faa.gov/uas/ More
- Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
To access VuCrew or some of the resources it has to offer, You may set up an account by registering your email address and a password, and you may choose to provide additional account information, such as Your location and social media account information. If you provide us with information about your social media accounts, we may use that information to monitor Your social media activity and may contact You via Your social media accounts.More
- Connectivity; Wireless Features; Social Media Plug-Ins
Wireless carrier charges may apply to Your use of VuCrew via wireless networks or devices and geo-location details. More
VuCrew may, but has no obligation to, monitor Your use of VuCrew or Your User Content.More
- Warranties; Disclaimer of Warranties
We make no warranties or representations as to the accuracy, timeliness, reliability or completeness of the VuCrew services.More
- Exclusion of Damages
You agree that You are not entitled to any damages for any claims related to Your use of VuCrew, except as set out below.More
- Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
Our liability to you is limited.More
- VuCrew Is Not Responsible For Third-Party Websites and Content
We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within VuCrew.More
You agree to indemnify Us for material posted by You or through Your account.More
- Reservation of Rights
We reserve the right to modify or discontinue VuCrew for any reason or no reason whatsoever.More
We may terminate Your account, password or access in Our sole discretion at any time, without giving You prior notice.More
- VuCrew Intellectual Property
VuCrew and the VuCrew technology are owned by Bad Salmon Technologies, LLC. Certain of the logos, images and other content on VuCrew are protected by copyright or other laws, or are registered or unregistered trademarks, trade names and/or service marks, and logos owned by VuCrew or others (“Trademarks”).More
- Infringement Policy
You may not post content You do not own or control or otherwise have the right to post. We encourage You to report to Us any infringing activity You identify on VuCrew. More
- Links By You To VuCrew
You may link to VuCrew, subject to some basic rules.More
- Local Regulations; Export Controls
If You choose to access VuCrew from locations outside of the U.S.A., You do so on Your own initiative and at Your own risk. There are restrictions on Your use of VuCrew for those countries subject to export controls of the U.S.A.More
- Binding Arbitration of All Disputes. No Class Relief
You agree to arbitrate and waive jury trial and class actions.More
- Dispute Resolution for Non-U.S.A Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law
Non-U.S.A. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.More
- Notice for California Users
Residents of California are entitled to specific consumer rights information.More
By accessing and using VuCrew, You agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these TOS; (d) Your limited time to file claims; (e) the manner in which You communicate with Us. You also agree not to assign or delegate Your rights and obligations under these TOS. More
- Terms Applicable for Apple iOS
There are some other things You should know if You are accessing or using the VuCrew services through an Apple device.More
1. Acceptance of Terms of Service
2. Permitted Uses
By using VuCrew, You are permitted to stream, view and share Your content and the content of other VuCrew Users posted on VuCrew (collectively “User Content”) and use other User Content as authorized by the User Content License located in Paragraph 3 of these TOS. User Content posted on VuCrew contains meta data and may contain encoding or other watermarks. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent any watermark or other encoding embedded on User Content and used for attribution purposes. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on VuCrew or its servers and infrastructures. You agree not to circumvent, disable or otherwise interfere with security-related features or any other features that prevent or restrict use or copying of any content or enforce limitations on use of VuCrew or the content therein.
3. User Content License
By filming and streaming Your User Content on VuCrew, You hereby grant VuCrew and their licensees, affiliates, successors and assigns a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, fully sub-licensable license to:
- Use, distribute, sublicense, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your User Content;
- Incorporate Your User Content into other works, in whole or in part, in any format or medium or manner now known or later developed, and to make any technical modifications necessary to do so, and use, distribute, sublicense, reproduce, modify, adapt, publish, translate, publicly perform and publicly display those works;
- Sell, license, assign and otherwise transfer your User Content and content created containing your User Content and otherwise exploit any and all of the rights granted by You under these TOS.
You acknowledge and agree that VuCrew, their licensees, affiliates, successors and assigns, will be entitled to, but may elect not to, retain any and all revenue generated from the exercise of the license granted by You, including revenue from sales, licenses, assignments and other transfers of the rights granted by You to User Content hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with uses by VuCrew of Your User Content.
Ownership of User Content: Except for the license granted by You as expressly set forth in these TOS, You shall continue to own all rights in and to Your User Content. To the extent Your User Content contains materials or elements owned by You or any third parties, such as logos, slogans, characters or other elements protected by copyright, trademark or other laws, Your and any User’s rights to make any other use of Your User Content will continue to be governed by and may be limited by other applicable laws and the rights of any third party.
Liability for User Content: You represent and warrant that You own any and all User Content that You stream or upload to VuCrew, or otherwise have sufficient rights in such User Content to grant to other Users the foregoing license without infringing or violating the rights of any third party. You, and not VuCrew, are entirely responsible and liable for any claims, loss or damages relating to all User Content that You upload, post, or otherwise transmit via VuCrew. You are responsible for any use You make of User Content posted by other Users. You understand that User Content may contain intellectual property that is not owned or controlled by the User, including trademarks, logos and copyrighted content. You are solely responsible for determining if your intended use of User Content required additional clearance or permission. VuCrew, its affiliates, and its officers, directors, and employees, subsidiaries and/or affiliates are not responsible for User Content, nor shall they have any liability for any such User Content. We do not have any obligation to investigate, monitor or check User Content, although We may do so, and We reserve the right to remove User Content, including User Content that includes trademarks, logos, or other content owned by VuCrew. You understand that by using VuCrew, You may be exposed to User Content that is offensive, indecent, or objectionable.
Attribution. It is a condition of the User Content License that You provide attribution to the creator of any User Content used by you (“Attribution”) whenever possible. Attribution means identifying the User(s) responsible for the User Content used by You in a manner visible to the public either on, or in direct proximity to, the User Content as used by You. Attribution must include the name or social media handle of the User, a license notice, and a VuCrew URL that links the User Content and, inclusion of the VuCrew logo if it is party of the User Content. You agree that You will be identified by VuCrew by your social media account name (if available). VuCrew is not responsible and will not enforce whether Users provide Attribution to other Users for use of User Content.
Use of Name and Likeness:
- License to name and likeness: By posting User Content on VuCrew, You consent to the recording, use and reuse by Us, Our and their licensees, successors and assigns, of Your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, social media handle, personal website URL, and any other identifying information, including, without limitation, any information contained in Your User Content (collectively, “Personal Elements”), as used, edited, altered, or modified by Us, in Our and their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in connection with any television programs and other productions.
- Clearance of Name and Likeness: You are responsible for obtaining any necessary consent or permission from any individual in User Content for any use of User Content, and You are responsible for determining what permissions are legally required for any use of User Content. The VuCrew User Content license does not convey any right to use any individual’s name and likeness for advertising or merchandising purposes. While Users who post User Content agree to the name and likeness license set forth above, You and not VuCrew, are legally responsible for ensuring You have appropriate clearances for any use You make of User Content.
- No endorsement: Nothing in this User Content license constitutes or may be construed as permission to assert or imply that You are, or your use of any User Content is, connected with, sponsored or endorsed by any User who films User Content or anyone entitled to attribution pursuant to the User Content license.
4. You Agree to Our Location Tracking
VuCrew contains geolocation tracking features that VuCrew will use for a variety of purposes. By downloading and using VuCrew, You agree that We may collect, retain, and process information about Your current location and the locations where You have used VuCrew to record and share video. We will use Your geolocation information in the following ways:
- • When You film or stream User Content on VuCrew, we will track and record Your current location, store that information, and transmit it with Your User Content, so that it can be viewed by other Users. We may also choose to use the VuCrew location tracking for tagging or check-in. We may use Your location information to serve You advertisements and provide You with content that may be of interest to You.
The location-based services offered in connection with Our Mobile App or Site feature(s) are for individual use only and should not be used or relied on as an emergency locator system for any business or enterprise used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage.
Your privacy is important to Us. To better protect Your privacy, We provide a notice explaining Our online information practices and the choices You can make about the way Your information is collected and used on VuCrew. Click here to show this notice, which forms part of these TOS
6. Access to the Site and Availability of Services
7. Public Nature of Stringwire
All User Content on VuCrew is made available for viewing by other VuCrew Users and may be made available by Us or any User to the public. You acknowledge that You have no expectation of privacy with regard to Your User Content. While We offer You the ability to post Your User Content anonymously, please be aware we cannot guarantee that technical errors may not result in your User information being transmitted with your User Content. Your account information relating to Your User Content is stored by Us. If you wish to have your User account information deactivated, you may contact us at support@VuCrew.com. If your account is deactivated, We reserve the right to keep any User Content on VuCrew nd you acknowledge that your User Content will continue to have the Attribution information you provided when you created the User Content.
8. Your Conduct, Responsibility and Acceptable Use
The following rules are a condition of Your use of VuCrew. VuCrew does not verify or endorse any Content submitted to VuCrew by any User or other licensor, or any opinion, recommendation, or advice expressed therein.
Use of Name and Likeness:
- Obey the Law when Filming. You must obey all laws when filming User Content and you are responsible for determining whether your use of VuCrew is in compliance with applicable law. You are responsible for determining whether it is appropriate or lawful to film in any situation using VuCrew. Please respect people’s privacy when using VuCrew.
- Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of User Content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You may not impersonate or falsely state or otherwise misrepresent Your professional or other affiliation with VuCrew or with any other person or entity.
- Your Postings Should be Appropriate. Except for journalistic or reportorial purposes, you agree not to use VuCrew to promote offensive material, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity; You agree not to use VuCrew to promote any material that contains or advocates pornography, pedophilia, incest or bestiality; You agree not to use VuCrew to promote any material that advocates or provides instructions on how to commit illegal activity or discusses illegal activities with the intent to commit them. You may not upload unlawful, threatening, libelous, defamatory, obscene, profane, indecent or otherwise inappropriate User Content or information of any kind, or post User Content that constitutes an invasion of privacy.
- Don’t Damage VuCrew or Our Servers. You agree not to use or launch any automated systems that access VuCrew and prevent or interfere with the use or access of VuCrew by other users. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of VuCrew or to obtain unauthorized access to VuCrew or any data or other information of any User or any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to VuCrew or use User Content or any information contained therein for any unlawful purpose. We, in Our sole and absolute discretion, shall determine whether any content You transmit or receive or Your use of VuCrew violates this provision.
- No Criminal or Unlawful Conduct. You may not use VuCrew, User Content or any information contained therein for any unlawful purpose, and You may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any VuCrew services in connection with any website or other use that contains or is associated with information or content prohibited by this section.
- Act Responsibly. You are solely responsible for all of Your activities and interactions that occur under Your VuCrew account, including activities and interactions or disputes with other Users. Please keep Your password secure, and do not share Your password with anyone.
- No Information About Minors. You may not disclose minors’ personal details or ways to contact them.
9. Idea Submissions Prohibited
VuCrew does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Us through VuCrew. However, if You decide to make any such unsolicited submission, you hereby grant to Us the right and license to the submission as if it were Your User Content as specifically set forth above. In addition, We retain all of the rights held by members of the general public with regard to Your unsolicited ideas and materials. Our receipt of Your unsolicited ideas and materials is not an admission by Us of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to Your unsolicited ideas and materials.
10. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
To access VuCrew or some of the resources it has to offer, You will be asked to register and provide Us with certain information. You will also be asked to provide information about Your social media network accounts. You understand and agree that Your activities (e.g., video viewing, interactions with Users and/or advertisers) may be shared with others both on and off VuCrew. If You don’t want Your activities on such social network to be shared, Your only options are to stop using VuCrew or deactivate the related social network account. By using VuCrew and providing information about Your other social networks, You consent to Us contacting You via those social networks.
If You establish an account with Us, You agree to provide true, accurate, complete and current data in connection with that account. If We believe the details are not correct, current, or complete, We have the right to refuse You access to VuCrew, or any of its resources, and to terminate or suspend Your account. Any usernames and passwords used for VuCrew are for individual use only. You are solely responsible for the activity that occurs on Your account and for maintaining the security and confidentiality of the password You use to access Your account. You agree to immediately notify Us of any unauthorized use of Your password or account or any other breach of security. If you wish to deactivate your account, please contact at us at support@VuCrew.com. Please be advised your User Content will remain on VuCrew. Although We will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for Our losses or others due to such unauthorized use.
11. Connectivity; Wireless Features; Social Media Plug-ins
Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for Your access to and use of VuCrew and You will be responsible for all charges related to them.
Automatic Updates. By installing VuCrew, You acknowledge that You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop VuCrew and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit VuCrew to deliver these to You) as part of Your use of VuCrew. You acknowledge that VuCrew might not function properly without such updates.
Wireless Features. VuCrew will offer certain features and services that are available to You via Your wireless device. These features and services may include the ability to access the VuCrew features and upload/download User Content, receive messages from VuCrew, and download applications to Your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless device. In addition, Your carrier may charge You for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. We have no responsibility or liability for any fees or charges You incur when using Wireless Features. You should check with Your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact Your carrier with any other questions regarding these issues.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus are integrated on VuCrew. Where VuCrew contains a plug-in to a social network, these are clearly marked. If You chose to click on one of these buttons or links, Your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to Your browser. If You are registered on the relevant social network and logged into Your respective account the social network receives the information that the web page was used by You. If You interact with a social network plug-in (e.g. You press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “+1” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from Your browser. If You are not registered with the social network or You are logged out before You visit VuCrew, there is the possibility that at least Your IP address will be submitted to and stored by the social network. If You interact with Us through a social media platform, plug-in etc., then You may be permitting Us to have on-going access to certain information from Your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites You follow etc.).
Disclaimer of Warranties: While We use reasonable efforts to include up to date information on VuCrew, We make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. VuCrew is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, We, Our parent, Our and their respective directors, officers affiliates, agents, licensors, partners and employees (collectively, the “VuCrew Parties”) disclaim any and all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, We do not warrant that VuCrew, or Your access to or use of VuCrew will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet Your requirements; or (4) operate in the configuration or with the hardware or software You use. We do not warrant that the functions contained in VuCrew will be available, uninterrupted or error-free, that defects will be corrected, or that VuCrew or the servers that make VuCrew available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, User Content or any websites linked to VuCrew in terms of their correctness, accuracy, reliability, or otherwise. We make no warranties that Your use of the materials, information, software, facilities, service, User Content or other content on or in VuCrew or any website linked to VuCrew will not infringe the rights of others and We assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, User Content or other content on or in VuCrew or any website linked to VuCrew.
Events:Your use of VuCrew and filming and posting of User Content at any public or private event is at Your sole and exclusive risk. By using VuCrew, You agree and understand that in connection with Your participation in any event or activity, You may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death from exposure to the hazards of public or private outings and activities. You are personally responsible for all costs and/or risks associated with any public or private event or activity. Notwithstanding anything to the contrary contained herein, to the fullest extent allowed by law, You agree to waive and discharge all claims, release use from all liability and indemnify and hold the VuCrew Parties harmless from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon You and Your heirs, executors, agents, administrators and assigns, and includes any minors accompanying You at the events.
14. Exclusion of Damages
We will not be liable to You or any third party for any direct, indirect, punitive, incidental, special, or consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use or inability to use VuCrew. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if We have been advised of the possibility of such damage. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any records. You specifically acknowledge and agree that We shall not be liable for any defamatory, offensive or illegal conduct of any User. Without limiting the foregoing, We will not be liable for any loss or damage arising out of (1) Your failure to comply with Section 10 (Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features) or (2) User Content filmed or made available from VuCrew by You or any third party.
15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
In no event will Our aggregate liability to You in connection with VuCrew or these TOS exceed the lesser of (A) the amount (if any) paid by You to Us in the six (6) months immediately preceding the event which gave rise to the liability; or (B) one hundred dollars ($100.00).
Because some jurisdictions do not allow for the exclusion of damages, Our liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. In addition, because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth above may not apply to You. This paragraph will only apply if an arbitrator with applicable jurisdiction finds exclusions of damages or limitations of liability to be unconscionable.
16. VuCrew is Not Responsible For Third-Party Websites and Content
You agree to defend, indemnify and hold harmless the VuCrew Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these TOS, including any of the foregoing provisions, representations or warranties, and/or from Your placement or transmission of any User Content or other content onto Our servers, and/or from any and all use of Your VuCrew account; (b) any material posted or otherwise provided by You (including without limitation User Content), or any other User of Your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by You in connection with Your use of VuCrew; and (d) any breach of any of the representation, warranties or other terms or conditions relating to Your use of Your User Content, the User Content of other Users or VuCrew.
18. Reservation of Rights
We reserve the right to take any steps available to Us, including the right to modify or discontinue or suspend, temporarily or permanently, or terminate Your access to VuCrew or all or any part of VuCrew and/or any software, facilities and services on VuCrew, or seeking other legal or equitable remedies, with or without notice, and/or to establish general guidelines and limitations on their use, if We become aware of any violation of these TOS.
We may, in Our sole discretion, terminate Your password, account (or any part thereof) or use of VuCrew, or remove and discard any User Content or information stored, sent, or received via VuCrew without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use Your identification to access VuCrew, (ii) any unauthorized access or use of VuCrew, (iii) any violation of these TOS, or (iv) tampering with or alteration of any of the software, data files contained in or accessed through, VuCrew. You may terminate Your account for any reason or no reason. Termination, suspension, or cancellation of these TOS or Your access rights to VuCrew shall not affect any right or relief to which We may be entitled, at law or in equity.
20. VuCrew Intellectual Property
VuCrew and the VuCrew technology are owned by VuCrew. Certain of the logos, images and other content on VuCrew are also protected as registered or unregistered trademarks, trade names and/or service marks, they and other intellectual property are owned or licensed by VuCrew (“NBCU Intellectual Property”). As between Us and You, We own all right, title and interest in and to the VuCrew Intellectual Property throughout the world.
21. Infringement Policy
We respect the intellectual property of others, and We ask Users to do the same. VuCrew is and materials incorporated on VuCrew may be (collectively, “Material”) protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), We reserve the right, but not the obligation, to terminate Your license to use VuCrew if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if You believe that any such third party materials infringe Your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement by e-mail: dmca.agent@VuCrew.com In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- Your name, address, telephone number, and e-mail address;
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
22. Links By You To VuCrew
We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to VuCrew, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on Your website do not suggest any affiliation with or endorsement by Us or cause any other confusion regarding Your relationship to VuCrew or the VuCrew Parties (c) the links and the content on Your website do not portray the VuCrew Parties or Our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Us. We reserve the right to suspend or prohibit linking to VuCrew for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third party.
23. Local Regulations; Export Controls
VuCrew is controlled and operated by Us from Our offices within the State of Delaware, in the United States of America (“U.S.A.”). We make no representation that VuCrew or any User Content is appropriate or available for use outside the U.S.A., its territories, possessions and protectorates.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the U.S.A. or the country in which You reside.
If You choose to use or access VuCrew outside of the U.S.A., We make no representation that Material on VuCrew are appropriate for use outside the U.S.A. and You do so on Your own initiative and take full responsibility for compliance with local laws, if and to the extent that local laws are applicable. Software from VuCrew is further subject to the export controls of the U.S.A. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S.A. has embargoed goods, or (B) to anyone on the U.S.A. Treasury Department list of Specially Designated Nationals or the U.S.A. Commerce Department’s Table of Deny Orders. By using VuCrew, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
24. Binding Arbitration of All Disputes. No Class Relief
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and Us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these TOS and/or these arbitration provisions in Section 23 hereof, including but not limited to any claim that all or any part of these TOS is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for You and does not require travel in excess of 100 miles from Your home or place of business); or (ii) at such other location as may be mutually agreed upon by You and Us; or (iii) at Your election, if the only claims in the arbitration are asserted by You and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S.A., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only Your and/or Our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that You are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of Your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that Your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event You recover an Award greater than Our last written settlement offer, the Arbitrator shall also have the right to include in the Award Our reimbursement of Your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but We shall in all events bear Our own attorneys’ fees; and
Interpretation and Enforcement of Arbitration Clause. With the exception of Section 24 subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Section 24 subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor We shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after We have given notice of such modifications.
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at Your option, You may bring any claim You have against Us in Your local small claims court within the U.S.A., if Your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
25. Dispute Resolution for Non-U.S.A. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 25 applies to non-U.S.A. residents, where applicable law prohibits arbitration of disputes in accordance with Section 23.
(a) Section 25 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to VuCrew or these TOS, whether heretofore or hereafter arising or to any of Our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then You and We agree to send a written notice to the other providing a reasonable description of the Section 25 Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide Us. But if no such information exists or if such information is not current, then We have no obligation under this Section 25(a). Your notice to Us must be sent to: By e-mail:
For a period of sixty (60) days from the date of receipt of notice from the other party, You and We will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either You or Us to resolve the Section 25 Dispute on terms with respect to which You and We, in each of Our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in Delaware shall have non-exclusive jurisdiction of any Section 25 Dispute.
(c) Governing Law. To the maximum extent permitted by the mandatory laws in Your country of residence, these TOS and any Section 25 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S.A. and the State of Delaware without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d) Limited Time to File Claims. To the fullest extent permitted by applicable law, if You or We want to asset a Section 25 Dispute against the other, then You or We must commence it (by delivery of written notice as set forth in section 25(a)) within one (1) year after discovery of the Section 25 Dispute arises – or it will be forever barred.
(e) Injunctive Relief. The foregoing provisions of this Section 25 will not apply to any legal action taken by Us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to VuCrew, Your User Content and/or Our intellectual property rights (including such We may claim that may be in dispute), Our operations and/or products or services.
26. Notice for California Users
Under California Civil Code Section 1789.3, California Users of VuCrew are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, Updated on Feb 28, 2011
(a) Applicable law. These TOS and the relationship between You and Us shall be governed by the laws of the U.S.A. and the State of Delaware without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the federal or state courts located in Delaware, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by Us in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These TOS represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These TOS are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Our prior written consent.
28. Terms Applicable For Apple iOS
If You are accessing or using VuCrew through an Apple device, the following terms are applicable to You and are incorporated into these TOS by this reference:
You acknowledge that these TOS are entered into between You and VuCrew and, that Apple, Inc. (“Apple”) is not a party to these TOS other than as third-party beneficiary as contemplated below.
The license granted to You in Section 3 (License to Content) is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to VuCrew.
You acknowledge that VuCrew, and not Apple, is responsible for providing VuCrew.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to VuCrew.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to VuCrew.
Notwithstanding anything to the contrary herein, and subject to the terms in these TOS, You acknowledge that, solely as between Apple and VuCrew, VuCrew and not Apple is responsible for addressing any claims You may have relating to VuCrew, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that VuCrew fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these TOS, VuCrew’ s liability to You for use of VuCrew is greatly limited.
Further, You agree that if VuCrew, or Your possession and use of VuCrew, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOS, and that, upon Your acceptance of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against You as a third-party beneficiary thereof.
When using VuCrew, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with VuCrew.