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Terms & Conditions of use

Introduction

Thank you for using the Sharevision platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  Sharevision Ltd,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  Sharevision Ltd  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  Sharevision Ltd  and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of  Sharevision Ltd,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
  • retrieve, display and view the Content on a computer screen
  1. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  Sharevision Ltd.
  2. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  3. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify  Sharevision Ltd  for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website for any of the following purposes:
  • in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  1. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  1. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  1. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

  1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  1. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  Sharevision Ltd  or that of our affiliates.
  1. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  1. The inclusion of a Link href another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: sharevision.com/privacy-policy and sharevision.com/cookie-policy.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Sharevision Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Sharevision Ltd is under no obligation to update information on the Website.
  1. Whilst Sharevision Ltd  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  1. Sharevision Ltd accepts no liability for any disruption or non-availability of the Website.
  1. Sharevision Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not Ltd to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  1. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  1. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  1. To the maximum extent permitted by law,  Sharevision Ltd  accepts no liability for any of the following:
  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  1. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  1. These terms and conditions    together with the Privacy Policy and Cookies Policy  contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  1. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  1. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Our Service

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.


Your Service Provider

The entity providing the Service in the United Kingdom is Sharevision Ltd, having it’s registered office at Suite 2 125 - 135 Staines Road, Hounslow, United Kingdom TW3 3JB (referred to as “Sharevision”, “we”, “us”, or “our”).

Applicable Terms

Your use of the Service is subject to these terms, the Sharevision Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on Sharevision Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.

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 may use the Service if you are at least 16 years old.

Permission by Parent or Guardian

If you are under 18, you must have your parent or legal 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 organisation, you confirm to us that you have authority to act on behalf of that entity, and that 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 (collectively, "Content”). Content may be provided to the Service and distributed by our users and Sharevision is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.

Sharevision Accounts and Sharevision Channels

You can use parts of the Service, such as browsing and searching for Content, without having a Sharevision account. However, you do need a Sharevision account to use some features. With a Sharevision account, you may be able to like videos, subscribe to channels, create your own Sharevision channel, and more.

Creating a Sharevision channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists.

To protect your Sharevision account, keep your password confidential. You should not reuse your Sharevision account password on third-party applications.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Sharevision Data Processing Terms.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show Sharevision videos through the embeddable Sharevision player.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from Sharevision and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
  2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with Sharevision’s robots.txt file; (b) with Sharevision’s prior written permission; or (c) as permitted by applicable law;
  4. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section 3 above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. run contests on or through the Service that do not comply with Sharevision’s contest policies and guidelines;
  9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  10. use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Sharevision policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Sharevision videos are the only content of value).

Reservation

Any right not expressly granted to you in this Agreement remains the right of Sharevision or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Changes to the Service

Sharevision 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. We will always consider and balance the impact of such changes on the use of the Service. 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, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.

Your Content and Conduct

Uploading Content

If you have a Sharevision channel, 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 all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Sharevision and other users of the Service, as described below.

Licence to Sharevision

By providing Content to the Service, you grant to Sharevision a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.  This is inclusive but not limited to your name, image, biography and other such publicly available information that might be used for the promotion of Sharevision.

Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require Sharevision to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By Sharevision

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Sharevision, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action 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 Sharevision 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, Sharevision or our Affiliates.

Copyright Protection

If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement, Sharevision's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension and Termination

Terminations by You

You may stop using the Service at any time.

Terminations and Suspensions by Sharevision for Cause

Sharevision may suspend or terminate your access, your Sharevision account, or your Sharevision  account’s 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 reasonably believe there has been conduct that creates liability or harm to any user, other third party, Sharevision or our Affiliates.

Terminations by Sharevision for Service Changes

Sharevision may terminate your access, or your Sharevision account’s access to all or part of the Service if Sharevision reasonably believes that its 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 Sharevision 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 Sharevision 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, Sharevision or our Affiliates. Where Sharevision 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 Account Suspension or Termination

If your Sharevision account is terminated or your Sharevision account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your Sharevision account has been terminated in error, you can contact us.

About Software in our 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 licence, Sharevision gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Sharevision as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Sharevision, 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 Sharevision’s written permission.

Open Source

Some software used in our Service may be offered under an open source licence. There may be provisions in an open source licence that expressly override some of these terms.  If so, we will make that open source licence available to you.

Other Legal Terms

Warranty

We provide the Service with reasonable care and skill.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Sharevision does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, Sharevision and its Affiliates will not be responsible for:

  1. losses that were not caused by Sharevision or its Affiliates’ breach of this Agreement;
  2. any loss or damage that was not, at the time that this Agreement was formed between you and Sharevision, a reasonably foreseeable consequence of Sharevision or its Affiliates breaching this Agreement; or
  3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

  1. Sharevision and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
  2. Sharevision and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that Sharevision has paid to you from your use of the Service in the 1 months before the date of your notice, in writing to Sharevision, of the claim and (b) £500, whichever is higher.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Sharevision. Sharevision 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. Sharevision will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should remove any Content you 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 in limited cases 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.

Assignment

Sharevision may transfer all or part of this Agreement to an Affiliate or, if Sharevision is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

If you live in the United Kingdom this Agreement, and your relationship with Sharevision under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.