Welcome to Vimond IO
Thank you for considering using Vimond´s IO products and services (the “Services”). By using the Services, you are agreeing to these terms of service (the "Agreement"), which forms a binding contract between you and Vimond. Please read them carefully.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING.
If you do not wish to be bound by this Agreement, do not use the Services.
1. Eligibility to Use our Services
The Services are available only if you can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, or otherwise recognized as being able to form legally binding contracts under applicable law, or (ii) authorised by the business entity which you represent (whether a company, partnership or sole proprietor etc) to enter into such binding contract.
2. Using our Services
By using the Services: You agree to follow any policies made available to you in relation to the Services.
You agree not to misuse our Services, interfere with, or try to access our Services using a method other than the interface and the instructions which we provide.
You agree to use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we have grounds to suspect any misconduct.
We also reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your account information and content to law enforcement authorities, government officials, and/or a third party, as we believe are reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Vimond, its users, a third party, or the public as required or permitted by law.
Using our Services does not give you ownership of any intellectual property rights in our Services. This Agreement does not grant you the right to use any branding or logos used in our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may elect not to receive some of these communications.
2.1 Third Party Terms
Vimond IO offers integrations with third party services, configurable by the Customer, disabled by default when the account is provided by Vimond to the customer. It is understood that should a Vimond IO customer elect to configure these third party services as integrated components in their own Vimond IO account they do so at their own risk. Furthermore, it is understood that they are subject to any applicable Third Party Terms and conditions. Vimond makes no representation or warranty for any Third Party service.
3. Vimond IO User Account
You will need a Vimond IO User Account in order to use our Services. You may create your own Vimond IO User Account by providing a user name, password, and valid email address, or it may be assigned to you by an administrator, such as your employer. You must provide complete and accurate registration information to Vimond and notify us if your information changes. If you are using a Vimond IO User Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. If you are using the Services as a business, the person whose email address is associated with the account must have the authority to bind the business entity to this Agreement.
User name - We encourage you to use your real name as a User Name. If you are a business, you must use the actual name of your organisation. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Account Security - To protect your Vimond IO User Account, keep your password confidential. You are responsible for all activity that occurs under, on or through your Vimond IO User Account including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Services.Try not to reuse your Vimond IO User Account password on third-party applications. If you become aware of an unauthorized access to or use of your Vimond IO User Account, you must change your password and notify us immediately.
4. About Software in our Services
Use of the Services may require compatible devices, internet access, and certain software. From time to time, we will update the software used by the Services. These updates may include bug fixes, feature enhancements or improvements.
5. Privacy and Copyright Protection
6. Ingesting your content on IO
We store any content files until you delete them. You can access your content files and you may give access to people to view, save, copy or edit these files. You can remove content files at any time by deleting them from IO. However, any file previously copied to another device or computer will not be deleted.
7. Restrictions on Content used in our Services
You must own or hold all necessary rights (copyrights, etc.) to your content.
Content Restrictions - You may not upload, download, post, email, transmit, store or otherwise make available (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other intellectual property rights (e.g., trademark, privacy rights, including uploading any content to which you do not have the right to upload etc);
contains sexually explicit content or pornography;
contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
is unlawful, harassing, threatening, harmful, tortious, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
depicts unlawful acts or extreme violence;
for the purposes of planning or engaging in any illegal activity
depicts animal cruelty or extreme violence towards animals;
promotes fraudulent or dubious business schemes; or
contains content in which you pretend to be anyone, or any entity, you are not. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Vimond IO user, a Vimond employee, or a public figure, or otherwise misrepresent your affiliation with a person or entity (we reserve the right to reject or block any Vimond IO user account or email address which could be deemed to be an impersonation or misrepresentation of your identity,
or a misappropriation of another person’s name or identity);
discloses any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Services (or any part thereof), or any other computer software or hardware; and/or
interferes with or disrupts the Services (including accessing the Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the Services, or any policies, requirements or regulations of networks connected to the Services (including any unauthorized access to, use or monitoring of data or traffic thereon).
8. Licenses Granted by YouOwnership of IPR in Content
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in such content.
When you upload, submit, store, send or receive content to or through our Services, you grant us (and our partners and vendors and subcontractors) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from adaptations or other changes we make so that your content works better with our Services), communicate, publish transmit, display and distribute such content (through all media now known or hereafter created). The rights you grant in this license are for the limited purpose of
(i) displaying the content within the Services;
(ii) operating, promoting, and improving our Services, and to develop new ones;
(iii) promoting the Services, provided that you have made the content publicly available; and
(iv) archiving or preserving the content for disputes, legal proceedings, or investigations.
You agree to be responsible for making sure that you have the necessary rights to grant us this license for any content that you submit to our Services.
Your License to Other Users
You also grant all users of the Services with whom you share your content permission to view your content for their personal and/or commercial purposes. This includes the right to copy and make derivative works from the content solely to the extent necessary to view the content. The foregoing licenses are in addition to any license you may decide to grant.
Duration of Licenses
The above licenses will continue unless and until you remove your videos from the Services, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
9. Licenses Granted to You
We give you a limited, non-exclusive, worldwide, royalty-free, non-assignable license to access and use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vimond, in the manner permitted by these terms. This license is personal to you and may not be assigned or sublicensed to anyone else.
You may not copy, reproduce, duplicate, modify, distribute, redistribute, sell, resell, lease, rent, trade, create derivative works from, decompile, reverse engineer, or disassemble any part of our Services or included software or any source code therein, nor may you reverse engineer or attempt to extract the source code of that software, for any purposes whatsoever, unless laws prohibit those restrictions or you have our written permission.
You may not attempt to circumvent any of our technical measures or take any measures to interfere with or damage the Services.
All rights not expressly granted by us in this Agreement are reserved by us.Open source software is important to us.
Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
10. Changes to our Services
We are constantly changing and improving our Services. We reserve the right at any time to add or remove functionalities or features add or create new limits, restrictions or modifications to our Services at any time without prior notice. We shall not be liable to you for any modifications to the Services or terms of service in accordance with this section.
11. Term and Termination, Account Deletion
This Agreement begins on the date you first use the Vimond Service and continues as long as you have an account with us.
Your Decision to Terminate
You can stop using our Services at any time and/or you may delete your account at any time.
Termination for Your Breach
We may at any time, under certain circumstances and without prior notice, immediately suspend, disable, or delete your account (or any part thereof) or block or remove any content you have submitted and/or access to the Services. Reasons for such termination may include:
(a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Services (including in particular, the “Restrictions on Content Used in our Services”)
(b) any use of the Services that we reasonably believe might damage our reputation and goodwill;
(c) a request and/or order from law enforcement, a judicial body, or other government agency;
(d) where provision of the Services to you is or may become unlawful;
(e) unexpected technical or security issues or problems; and/or @
(f) your participation in fraudulent or illegal activities.If we delete your account for the foregoing reasons, you may not re-register for the Services.
Termination for Vimond Convenience
In circumstances where you have signed up free of charge for the provision of Services or where you are not required to pay any licence fee for the Services, we may suspend or stop the Services altogether in our sole discretion without prior notice.In circumstances where you pay a monthly license fee for the Services, we may suspend or stop the Services upon 30 days prior notice to you.In addition, we may terminate your account via email to the address associated with your account if (a) your account has been inactive (ie. the user fails to log in) fora continuous period of at least six (6) months; or (b) there is a general discontinuance of the Services or any part thereof.Notice of general discontinuance of service will be provided as set forth as set out in the above paragraph, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of our reasonable control. Any such termination or suspension shall be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.
YOU HAVE OWNERSHIP IN YOUR CONTENT AND DATA AND WE STRESS THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE BACKUP OF YOUR CONTENT AND DATA. IN THE EVENT OF ACCOUNT DELETION FOR ANY REASON, CONTENT THAT YOU SUBMIT MAY NO LONGER BE AVAILABLE. WE SHALL NOT BE RESPONSIBLE FOR THE LOSS OF SUCH CONTENT.
Effect of Termination/Account Deletion
Upon termination, all licenses granted by us to you will terminate. However, sections 11 (Term and Termination), 12 (Warranties and Disclaimers), 13 (Liability), 14 (Indemnity), 21 (Governing Law) and sections 17 to 20 inclusive shall survive termination.
12. Our Warranties and Disclaimers
We use a reasonable level of skill and care in the provision of our Services but there are certain things that we don’t guarantee.Other than as expressly set out in this Agreement, or as may be otherwise agreed in a separate Service Level Agreement entered into in writing between us, neither we or our suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, we exclude all such warranties.
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VIMOND DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY SUBMIT, STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND VIMOND SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your own responsibility to maintain appropriate alternate backup of your information and data to your own computer or other device.
13. Liability for our Services - No Liability for Indirect Losses
To the maximum extent permitted by law, we and our suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.To the maximum extent permitted by law, the total liability of Vimond, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you have paid us to use the Services.In all cases, we, and our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
You agree to defend, indemnify, and hold Vimond, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services and/or the content you submit; (ii) your violation of these terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of the Agreement and/or your use of the Services.
15. Commercial Uses of our ServicesIf you are using our Services on behalf of a business (for example a company or partnership), that business accepts these terms. Such business will hold harmless and indemnify Vimond and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
16. Changes to these Terms
We reserve the right at any time to modify these terms, for example, to reflect changes to the law or changes to the Services. You should look at the terms regularly. We’ll post notice of changes to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions to our Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Services.
These terms control the relationship between you and Vimond. They do not create any third party beneficiary rights.
17. No Waiver
If you do not comply with these terms, and we don’t take action immediately, this doesn’t mean that we are waiving any rights that we may have and we shall retain the right to take action in the future.
If any particular term is found not to be enforceable, this will not affect any of the other terms in this Agreement.
19. Entire Agreement
20. Successors, Assignment, No Third Party Rights
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Vimond's prior written consent. No third party shall have any rights hereunder.
21. Governing Law
The courts in some countries will not apply English law to some types of disputes. If you reside in one of those countries, then where English law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of England and Wales, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in London, England, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the High Court of London, England, and you and Vimond consent to personal jurisdiction in such courts.