Last Modified: 09/30/2020
Introduction
Thank you for using the Experia View platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch and share videos and other content, and acts as a distribution platform for original content creators and advertisers large and small.
Your Service Provider
The entity providing the Service is Experia View, Inc. (referred to as “Experia View”, “we”, “us”, or “our”).
Applicable Terms
Your use of the Service is subject to these terms, which may be updated from time to time (this “Agreement“).Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
Businesses
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Experia View or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that provides it to the Service. Experia View is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement or the law, you can report it to us at this email address [INSERT EMAIL ADDRESS].
Service Fees
INSERT DESCRIPTION OF HOW/IF YOU WILL CHARGE USERS OR CONTENT PRODUCERS. BE SURE TO INCLUDE THE BILLING/FEE STRUCTURE AND HOW YOU PLAN TO COLLECT FROM THEM, ETC.]
Your Information
Our Privacy Policy [INSERT LINK/HYPERLINK TO PRIVACY POLICY] explains how we treat your personal data and protect your privacy when you use the Service.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Experia View.
Changes to the Service
Experia View is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
Uploading Content
You may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Experia View and other users of the Service, as described below.
License to Experia View
By providing Content to the Service, you grant to Experia View a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Experia View’s business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Experia View may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Removing Your Content
You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content by Experia View
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Experia View, our users, or third parties, we may remove or take down that Content at our discretion. We will notify you of the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Experia View; (b) would compromise an investigation or the integrity or operation of the Service;
or (c) would cause harm to any user, other third parties, or Experia View.
Copyright Protection
If you believe your copyright has been infringed on the Service, please send us a notice following our DMCA Guidelines [INSERT LINK/HYPERLINK TO DMCA GUIDELINES].
Suspension & Termination
Terminations by You
You may stop using the Service at any time.
Terminations and Suspensions by Experia View for Cause
Experia View may suspend or terminate your access, access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, or Experia View.
Terminations by Experia View for Service Changes
Experia View may terminate your access to all or part of the Service if Experia View believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Experia View unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Experia View or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Experia View or our Affiliates. Where Experia View is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Suspension or Termination
If your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only), and this Agreement will continue to apply to such use.
About Software in the Service
Downloadable Software
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Experia View gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Experia View as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Experia View, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Experia View’s written permission.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND EXPERIA VIEW DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, EXPERIA VIEW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EXPERIA VIEW AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Experia View, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Experia View. Experia View has no control over and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Experia View will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Texas law and will be litigated exclusively in the federal or state courts of Denton County or Tarrant County, Texas, USA. You and Experia View consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND EXPERIA VIEW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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