Cycbiz Video Service Additional
Terms of Service ("Additional Terms")
1.ACCEPTANCE OF CYCBIZ TERMS
Welcome to the Cycbiz Video Service ("Cycbiz Video
Service").? Cycbiz reserves the right to update and change, from time to
time, these Additional Terms and all documents incorporated by reference.
2.DESCRIPTION OF SERVICE
The Cycbiz Video Service provides functionality that allows Cycbiz users who
have a valid Cycbiz ID ("You") to upload video content ("Video
Content") to be hosted by Cycbiz for public display on Cycbiz'. ?You
expressly acknowledge and agree that the Cycbiz Video Service is a public
service, that once You submit Your Video Content for inclusion into the Cycbiz
Video Service, it will be accessible by others, and that there is no
confidentiality or privacy with respect to Your Video Content.? Further, You
agree and acknowledge that Your user profile and Video Content submitted to
Cycbiz Video Service may appear on local Cycbiz Video sites in other
countries.? There is no cost to You to submit Your Video Content.
3.PROHIBITED CONTENT AND CONDUCT
By submitting Your Video Content, You agree:
a.that You own or have the necessary licenses, rights, consents and permissions
to all patent, trademark, trade secret, copyright or other proprietary rights
("Rights") to the Video Content, and any audio, music, or other works
of art that You incorporate into Your Video Content, and to authorize Cycbiz to
use the Video Content and include the Video Content in the Cycbiz Video Service
in the manner contemplated in these Additional Terms.
b. that You have the written consent, release, and/or permission of each and
every identifiable individual person in Your Video Content to use such person's
name or likeness for use and inclusion in the Cycbiz Video Service in the
manner contemplated in these Additional Terms.
c.not to include any Video Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive,
indecent, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
4.SUBMISSION OF VIDEO CONTENT TO CYCBIZ
You retain ownership to the Video Content You submit for inclusion into the
Cycbiz Video Service.? However, by submitting Your Video Content to Cycbiz, You
hereby grant Cycbiz the following worldwide, royalty-free, non-exclusive,
sublicensable and transferable rights and licenses:
a.to host, cache, store, archive, index, crawl, create algorithms based thereon,
modify or transcode the Video Content to appropriate media formats, standards
or mediums as part of the Cycbiz Video Service;
b.to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare
derivative works of, publicly perform and publicly display the Video Content on
the Cycbiz Video Service or on any Cycbiz property, including in connection
with any distribution or syndication arrangement thereof with third parties or
third party sites, in any media format or medium and through any media
channels; and
c.to use Your Video Content for advertising, promotional or commercial purposes,
including without limitation, the right to publicly display, perform, reproduce
and distribute Your Video Content in any media format or medium and through any
media channels.
By submitting Your Video Content for inclusion into the Cycbiz Video Service,
you also grant the following use of and rights to Your Video Content to others:
(i) the non-exclusive license to access Your Video Content through the Cycbiz
Video Service; (ii) the ability for Cycbiz registered users ("Cycbiz
Users") to rate, review, comment on and tag Your Video Content; (iii) the
ability to embed Cycbiz's video player with Your Video Content on their web
site; (iv) the ability for Cycbiz Users to send and distribute Your Video
Content via E-mail or Instant Messenger; (v) the ability to access Your Video
Content via Cycbiz's web service APIs or via RSS or any similar XML or related
feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix,
prepare derivative works of and compilations, display and perform Your Video
Content as permitted through the functionality of the Cycbiz Video Service and
under these Additional Terms and the TOS.
The foregoing licenses granted by You shall terminate once You remove or delete
Your Video Content from the Cycbiz Video Service.
5.ADVERTISING RIGHTS
Cycbiz reserves and has the right to sell, license and/or display any
advertising, promotional and distribution rights in connection with Your Video
Content and Cycbiz will be entitled to retain any and all revenue generated
from any sales or licenses of such advertising, promotional or distribution
rights.? Nothing in these Additional Terms obligates or may be deemed to
obligate Cycbiz to sell, license or offer to sell or license any advertising,
promotion or distribution rights.
6.INDEMNITY
You agree to indemnify and hold harmless Cycbiz, and its subsidiaries,
affiliates, officers, agents, or other partners, and employees, from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Your use of and access to the Cycbiz Video Service, Your
violation of the TOS or these Additional Terms, Your violation of any rights of
another person or entity, or Your violation of any applicable laws or
regulations.
7.CYCBIZ'S RESERVATION OF RIGHTS
In addition to all other legal remedies available to Cycbiz, You acknowledge
that Cycbiz has the right to remove Your Video Content from the Cycbiz Video
Service or refuse to include Your Video Content in the Cycbiz Video Service,
suspend or terminate Your Cycbiz account or refuse to grant You access to any
current or future use of the Cycbiz Video Service or any Cycbiz service with or
without warning if Cycbiz, in its sole discretion, believes You have: (i)
violated or tried to violate the rights of Cycbiz or others; or (ii) violated
or tried to violate or acted inconsistently pursuant to these Additional Terms
or any other terms of the TOS.
8.INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by
reference is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
such documents remain in full force and effect
9.LOCATION OF LAWSUIT
The TOS, which apply to Your use of the Cycbiz Video Service, provide that both
You and Cycbiz agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Santa Clara, California, USA.
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