Terms of Service
2) Description of the Website
Videothiki is an innovative and original free videos ditribution platform which enables users to access, view, upload, share and comment on videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size and duration may be limited for bandwidth cost control reasons. You should have in mind that the Website is not designed to back up file data and you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.
3) Your intellectual property rights
If you have registered and have a Videothiki account in which you upload file files you create, including comments on files, your nickname and your avatar (“Your Content”), Videothiki does not own Your Content. By making Your Content accessible to other users, you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content – are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.
4) Other users’ intellectual property rights
Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users’ content solely:
for your information and personal use;
as intended through the normal functionality of the Website; and
“Streaming” means a digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
5) Our intellectual property rights
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users’ content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, files, typefaces, graphics, music, sounds, and other material and software (the “Videothiki Content”), is the exclusive property of Videothiki and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Videothiki Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Videothiki or Videothiki licensors. You agree to not use or exploit the Videothiki Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Videothiki Content. All rights not expressly granted in the Terms are reserved to Videothiki and its licensors.
6) Our liability as network
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our obligations are:
to fight against the prohibited content;
to treat your connection data according to laws and regulations relating to Personal Data, and
to remove all clearly illegal content which has been effectively brought to our attention.
7) Your liability as user
As a supplier of content on the Website, including files, comments on files, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website:
does not violate the intellectual property rights of third parties (including video-clips, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them),
does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or
is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).
By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in the present terms and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific sanctions applicable to the content in question, in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the files and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content.
8) Registration and access
In order to use the Website’s features, you must set up an account using the online registration form. You are free to modify the Personal data you provide on the form at any time. You may access your account by entering your user ID (email address) and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.
9) Availability of the website
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.
10) Proof, Retention and Storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, files downloaded and comments posted. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.
11) Reported content
In cases of flagrant violation of these terms, we may even report the content and its uploader to the relevant authorities.
12) Prohibited content
Videothiki will NOT permit under any case the use, in any way, of the following content:
dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
unlawful, obscene, defamatory or libelous material; or
any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
13) Copyright and Personality or Likeness rights
All works whatsoever (few examples: educational videos, songs, movies, videos!) can only be reproduced with the permission of its creator, the author: this is the base of copyright. A work belongs to its author or rights owner, and he or she alone can consent to any reuse or reproduction. Likewise, individuals have a right to control images of their own likeness, and you cannot film people and distribute the file without their consent.
When you want to upload a file on Videothiki, you must, in accordance with our ToS, make sure you have permission of any other authors implied in its production (director, screenwriter, musician, etc.).
Videothiki invites all users to participate by posting files or commenting on files posted by others. However, we do not tolerate files or comments that incite hatred, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability, sexual orientation or any other discriminative .
You should respect the other members of the community: we won’t permit any threats, insults, persecution, harassment, or disclosure of personal information of other users. If we receive reports of such behavior, the users’ accounts will be suspended immediately.
Reported content that violates such rights will be removed.
14) Copyright reports
We are proud that, in our history, since 2009, we have received less than 0.1% reports over the total of the uploaded content. Content owners or legal representative, that feel their rights are infringed some way can contact us using our contact form here, with personal/company details and request. Then, you will be provided with automated tools to make batch URL reports, just by pasting them all in a single form field and clicking submit. Videothiki stands by the side of content creators and is there to protect their interests, deleting any content brought to our attention in extremely fast way. Other web platforms delay this process up to 48 hours. Videothiki in most of the case resolves and removes this content in under 6 hours.
15) EU GDPR
In compliance with the EU GDPR you have the right to ask us to remove any data we hold of you (email, name, surname etc) and completely remove your account as well as you can ask for the data of you that we have saved in our system. With Videothiki you actually always had these rights, even before the GDPR. Simply contact us by using our contact form (link at the bottom of the website) or email us at [email protected] and we will remove or send you any data (that belong to you) you ask.