Facebook friends you might share in common with other Vido Users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and profile pictures, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Vido Users in your network or geolocation. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4) or other communications made in connection with your use of the Vido Services. You understand and agree that anyone may be able to view any information you choose to make publicly available.
2. Vido Account Security. You understand that you are fully responsible for maintaining the confidentiality of your Vido Account and you are responsible for all activities that occur under your Vido Account, including the purchase of any of our Paid Vido Services (as described in Section 17). You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your Vido Account login username and password and are fully responsible for all activities that occur under your Vido Account. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery section where you will be asked for the email address or phone number associated with your Vido Account. You agree (a) to immediately notify Vido if you suspect any unauthorized use of your Vido Account or any other breach of security, and (b) to use particular caution when accessing your Vido Account from a public or shared computer and/or mobile device so that others are not able to view or record your personal information. For instance, never give out your password, and remember to lock your mobile device when it is not in use. Please email us at renduo197569@163.com with the subject line: Vido Account Security Breach if you believe your Vido Account has been accessed by an unauthorized person. You acknowledge that Vido is not, and will not, be liable or responsible for any losses or damages arising from the theft or misappropriation of your Vido Account. You further acknowledge and agree that Vido is not responsible for, and has no control over, any security breaches experienced on any third party Social Networking Site (as defined below).
3. Exclusive Use. You will only use the Vido Services for your sole, personal use and not in connection with any commercial activities. You will not authorize others to use the Vido Services, gain access your Vido Account or otherwise attempt to transfer your right to use the Vido Services to any other person or entity. Vido reserves the right to (a) disable, block, suspend or deactivate any User's use of or access to the Vido Services, including the location information or profiles of other Users, or (b) terminate any User's Vido Account, for any reason whatsoever and without notice.
4. Data Usage Charges. The use of the Vido Services on your mobile device may require use of your data service. Depending on the plan that you have with your cellular carrier, you could incur data charges. You should check with your cellular carrier and determine how you will be charged for data usage. Vido is not responsible for your data usage and will not be responsible for data charges that you may incur while using the Vido Services. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the Vido Services via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
5. Interactions with Other Users. You assume all risk when using the Vido Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. While Vido may signal that Users who purchase Subscriptions (as defined in Section 17) have valid iTunes accounts by placing a "verified" checkmark on their Vido Account, you should understand that Vido does not verify any other information about that User. You acknowledge that Vido does not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users (except as provided above) or conduct criminal screenings of its Users so please proceed with caution. Vido does not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you.
You alone are responsible for your involvement with other Users. You agree that Vido will not be responsible for any losses or damages incurred as the result of any such interactions with other Users. Vido reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users, especially if you decide to meet in person. We have created Safety Tips that you may find helpful and we suggest that you review these before you start using the Vido Services. You agree to treat all other Users with dignity and respect and comply with these Terms especially the User Conduct rules set forth in Section 3(G).
6. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Vido Services and you will not transmit any chain letters, junk or spam email or communications to other Users. Additionally, you will not use any information obtained from the Vido Services in order to contact, advertise to, solicit or sell products or services to any User without their prior explicit consent.
7. User Conduct. Vido is not responsible or liable in any manner for the conduct of its Users, whether or not such conduct is in connection with the use of the Vido Services. You acknowledge that you use the Vido Services entirely at your own risk. In order to keep use of the Vido Services fun and safe, you agree not to do any of the following in connection with the Vido Services or the Users thereof:
1. use the Vido Services in any unlawful manner or in a manner that is harmful to or violates the rights of others;
2. engage in any unlawful, lewd, harassing, obscene, intimidating, threatening, predatory or stalking behaviour;
3. use the Vido Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Vido Services could lead directly to death, personal injury, or severe physical or property damage. i.e. driving while using the Vido Services;
4. use the Vido Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Vido Services or Vido's computer systems/technology or interfere with or attempt to interfere with any other User's use of the Vido Services or User's computer systems/technology;
5. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
6. make any commercial use of the Vido Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
7. defraud, swindle or deceive other Users;
8. disseminate another User's personal information without his or her permission, or collect or solicit another User's personal information for commercial or unlawful purposes;
9. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
10. use any scripts, bots or other automated technology to scrape or access the Vido Services;
11. use the Vido Services for any phishing, trolling or similar activities;
12. use the Vido Services to redirect Users to other sites or encourage Users to visit other sites;
13. harvest or collect email addresses or other contact information of other Users from the Vido Services by electronic or other means or use the Vido Services to send, either directly or indirectly, any unsolicited bulk email or communications, unsolicited commercial email or communications or other spamming or spimming activities;
14. distribute unsolicited commercial messages or spam, and or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure, security features or presentation of the Vido Services or its contents;
15. attempt to access any Vido Services that you are not authorized to access; or
16. permit or allow other people or third parties to access and use the Vido Services via your Vido Account.
8. Reporting Violations. If you wish to report any violation of these Terms by others, including Users, you may do so by using the report button ("Report") located in the Vido Services. You may click on the Report button located in the drop down menu on a User's profile in order to flag Users that are in violation. While we will make reasonable efforts to review Vido Accounts that are flagged in a timely manner, we are under no obligation to remove the flagged Vido Account and in no way represent that we will remove or otherwise address flagged Vido Accounts.
9. Enforcement. You understand and agree that if Vido believes in its sole discretion that you have violated these Terms, misused the Vido Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Vido may, among other things, investigate, take legal action against you and/or terminate your Vido Account and cancel your subscription and/or membership without notice to you.
4. User Content
1. Definition; Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Vido through the Vido Services or to other Users (collectively referred to as "post"), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are "User Content"). Vido does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is Vido liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
2. Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to the Vido Services or to any other User through the Vido Services. You agree that all images posted to your Vido Account are of you. You may be required to supply certain information and post a photo of yourself to use the Vido Services.
3. No Duty to Review User Content. Although you understand and acknowledge that Vido has no duty to prescreen, review, control, monitor or edit the User Content posted by Users and is not liable for User Content that is provided by others, you agree that Vido may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice. You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Vido Services at your sole cost and expense. This includes Vido's right to modify or crop any photos you post to comply with Vido's policies, practices and procedures.
5. License of User Content to Vido
Vido claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Vido Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Vido, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Vido will not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content (including but not limited to any content you submit to Vido to feature) to use such person's name or likeness in the manner contemplated by the Vido Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Vido, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by Vido of your User Content. You also grant Vido the right to choose Vido Accounts to feature on the Vido Services for enhanced visibility at no extra cost, in the sole discretion of Vido.
6. Use of Proprietary Information of Others
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Vido Services may have copyright protection whether or not it is identified as being copyrighted.
7. Communications
We may provide notices to you in any of the following ways. First, we may email you at the email address that you provided when you created your Vido Account. Second, we may present the notice on the Vido Services. When we post notices on the Vido Services, we post them in the area of the Vido Services suitable to the notice. It is your responsibility to periodically review the Vido Services for notices.
Subject to the Privacy Policy, if you send to Vido or post on the Vido Services in any public area any information, photos, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or Vido Services incorporating such information, you acknowledge that Vido can use the User Submissions without acknowledgement or compensation to you. You hereby grant to Vido a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any User Submission communicated to Vido by you through the Vido Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any User Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such User Submission, however arising. Vido will not be required to treat any User Submission as confidential, and may use any User Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or making any other consideration available to you of any kind, and Vido will not incur any liability as a result of any similarities that may appear in future Vido operations. For greater clarity, Vido also reserves the right, in its sole discretion, to refuse to post any User Submission that it receives from you.
8. Prohibited Content
You will not post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable Canadian or international law, rule or regulation or is prohibited under these Terms or any other Vido policy governing your use of the Vido Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:
1. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, lewd, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
2. promotes racism, sexism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual;
3. is intended to, or does, harass, or intimidate any other User or third party;
4. may infringe or violate any patent, trade-mark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
5. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
7. violates someone's data privacy or data protection rights;
8. contains viruses, time bombs, malware, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
9. contains any advertising, fundraising or promotional content; or
10. is, in the sole judgment of Vido, objectionable or restricts or inhibits any person from using or enjoying the Vido Services or exposes Vido or its Users to harm or liability of any type.