General. Vodio Labs Ltd. (“Our”, “Us”, “We” or “Vodio) provides users the ability to view videos, from social networks e.g. Facebook, Twitter, YouTube etc. (“Social Networks”) or the internet e.g. youtube.com in an invocative, customized, customizable and easy to use way. Our services include our tablet software application, currently available for Apple’s iPad, but in the future may include other platforms (“Application”), Our website located at www.vod.io (“Site”) and any other services We are or may offer in the future in connection with Our Application or Site (any and all of the foregoing are referred to as the “Services”).
These Terms of Service shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or otherwise available through the Services. Please read these Terms of Service carefully before using the Site and/or Application; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Service. By downloading and installing the Application, accessing the Site or using the Services in any way, you agree to and are hereby bound by these Terms of Service. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Service.
Please be advised that Without limiting any other terms of these Terms of Service, by using a Social Network 3rd party via the Services you understand and agree that We may access and store your Social Network(s) account information and videos, on your behalf, and you hereby expressly authorized Us to do so.
Changes to Terms of Service and the Services. We may, in Our sole discretion, make changes to these Terms of Service, from time to time with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the “Last updated” legend on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.
Binding Affect. You may not use the Services and may not accept these Terms of Service if (a) you are not of legal age to form a binding contract with Us, or (b) you are a person barred from using the Services under the laws of such country from which you are accessing the Services as well as the country in which you are resident. Subject to applicable law, We may, in our sole discretion, refuse to make the Services available to any person or entity and change its eligibility criteria at any time.
Restrictions on Use. As a condition of use, you agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Service. You are solely responsible for all of your activity in connection with the Services. Without derogating from your responsibility under any applicable law, and solely by way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content (as defined below) on or through the Services that:
- is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
- violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or other intellectual property right of any person or entity ;
- constitutes unauthorized or unsolicited advertising;
- involves commercial activity not expressly permitted by Us; or
- contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
Content. For purpose of these Terms of Service, the term “Content” includes, without limitation, video, audio clips, written comments, information, data, text, photos, software, graphics, in static or interactive feature, provided or otherwise made available through the Service. We may not monitor or control Content made available through the Services and cannot be responsible for such Content. Any use or reliance on any Content made available through the Service or accessed by you through the Service is at your own risk. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose other than your own personal use and at all times subject to these Terms of Service.
You acknowledge sole responsibility for and assume all risk arising from your access to or use of any third party Content and We disclaim any liability that you may incur arising from your access to or use of such third party Content or User Generated Content via the Application. You acknowledge and agree that We: (a) are not responsible for the availability or accuracy of such third party Content or the products or services on or available from such third party Content; (b) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such third party Content; and (c) do not make any promises to remove third party Content from being accessed through the Services.
User Generated Content. We may now or in the future give you the ability to upload or submit content to Services. Whenever you make use of a feature that allows you to provide comments to Content, share Content, add links, upload content to the Services, or to interact or share content with other users, you must comply with the conditions set forth herein. Any and all media, images, games, music, sounds, graphics, video, or other materials and content of any kind that you make available (by uploading or otherwise) to other users of the Services (collectively, the “User Generated Content“) are at your sole responsibility. We may but are not required to back up any User Generated Content and are not responsible for any User Generated Content uploaded or otherwise made available by you or by any user of the Services. This means that you, and not Us, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.
By making available User Generated Content you hereby warrant and represent that: (i) the use of the User Generated Content does not infringe upon any third party’s proprietary rights, including but not limited to intellectual property rights; (ii) you have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iv) the User Generated Content is not obscene or libelous and does not violate the right of privacy or publicity of any third party.
You are and shall remain the sole owner of all rights in your User Generated Content; however, by posting to or making available User Generated Content through the Services, you hereby grant Us a, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Services and Our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You will remain the owner of the copyright in any original User Generated Content that you submit or upload and you continue to have the right to use your User Generated Content in any way you choose, provided such use does not interfere with or impair the rights you have granted to Us.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY’S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRAMSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THESERVICES. YOU WILL INDEMNIFY US FOR ALL CLAIMS RESULTING FROM ANY USER GENERATED CONTENT THAT YOU SUPPLY.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR IMPROPER USE OF THESERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
THIRD PARTY COPYRIGHT; SAFE HARBOR. We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Generated Content or any other content has been copied in a way by any other user of the Service in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: firstname.lastname@example.org
Please note: since We display results from Social Networks and the internet as generally available without Our interference, control or ability to control, we cannot remove specific allegedly infringing content from such sites. In the event that you believe that your content has been copied or unlawfully displayed in a way by any Social Network or internet site in a way that constitutes copyright infringement, please contact that specific provider according to its own copyright policy in order to remove such content. We would also appreciate your notification to us of such a case with the understanding that we may not and cannot control the content on that site or Social Network.
Termination. Without limiting other remedies, We may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, We may notify authorities or take any actions it deems appropriate, without notice to you, if We suspect or determine, in Our own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by US ; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Our users, Our or any other third parties or the Site or Services. Without limiting any other terms of these Terms of Service, you may stop using the Site and Services at any time. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. We will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any content, materials or information (including User Generated Content) that you have submitted on the site or via the services will no longer be accessible by you via the services thereafter.
Any suspension, termination or cancellation will not affect your obligations to Us under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. The Service shall be provided in accordance with, and this Agreement shall be governed by, the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without Our express written consent. We expressly reserve Our right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Our failure to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit Our rights with respect to such breach or any subsequent breaches.