Terms of Use

Your Acceptance

A. By using or visiting the TogetherVideo website or any TogetherVideo services provided to you on, from, or through the TogetherVieo website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) TogetherVideos Privacy Policy, found at https://www.togethervideo.com/t/privacy and incorporated herein by reference, and (3) TogethVideo’sCommunity Guidelines, found at https://www.togethervideo.com/community_guidelines and also incorporated herein by reference. If you do not agree to any of these terms, please do not use the TogetherVideoService.


B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version. TogetherVisionmay, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or

Service

A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of TogetherVideo, including but not limited to all products, software and services offered via the TogetherVideo website.


B. The Service may contain links to third party websites that are not owned or controlled by TogetherVideo. TogetherVideo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TogetherVideo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve TogetherVideo from any and all liability arising from your use of any third-party website.

TogethVideo Accounts

A. REGISTRATION To fully use the TogetherVideo Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TogetherVideoand notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.


B. USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. 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.

C. ADMIN ACCESS: If you are an organization, you may grant access to your account to other TogetherVideo members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a TogetherVideo member who has been granted admin rights to an organization, you must comply with the terms of this Agreement in accessing that account.

D. TERMINATION FOR BREACH: TogetherVideo may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TogetherVideo determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TogetherVideos reputation and goodwill. If TogetherVideo deletes your account for the foregoing reasons, you may not re-register for the TogetherVideo Service. TogetherVideo may block your email address and Internet protocol address to prevent further registration.

Membership Subscriptions and Purchases

A. MEMBERSHIP SUBSCRIPTIONS: : In addition to offering freeuse, we offer paid membership subscriptions. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native TogetherVideo player or apps.

B. CANCELATION AND REFUNDS: Users who purchase annual membership subscriptions have thirty (5) days after their purchase to cancel and receive a full refund. Refunds are not available if the user has used any site credits or downloaded videos. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by TogetherVideo. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded.

C. RENEWALS: Subject to the terms hereof, you may choose to renew your membership subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. TogetherVideo reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.

D. END OF SUBSCRIPTION: When a paid subscription ends, TogetherVideowill disable access to or delete any content to comply with membership subscription plan. Your account and its content may be deleted if your subscription is not renewed.

E. OTHER PURCHASES: Purchases of other products and services through the TogetherVideo are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.

License to Use the TogetherVideo Service

A. LICENSE: TogetherVideo grants you a limited, non-exclusive license to access and use the TogetherVideo Service for your own personal, non-commercial purposes. This includes the right to view content available on the TogetherVideo Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

B. Commercial USE: You may not use the TogetherVideo Service for commercial purposes unless:

You are an organization, in which case you may use and access the TogetherVideo Service for limited commercial and non-commercial purposes, subject to compliance with the TogetherVideo Organization Guidelines; or


You are a small-scale independent videographer, in which case you may use the TogetherVideoService to showcase or promote your own creative works.

C. RESTRICTIONS: Except as expressly permitted by TogetherVideo in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TogetherVideo Service or any source code therein. Nor will you attempt to circumvent any of TogetherVideos technical measures or take any measures to interfere with or damage the TogetherVideo Service. All rights not expressly granted by TogetherVideo are reserved.

General Use of the Service—Permissions and Restrictions

TogetherVideo hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without TogetherVideo’s prior written authorization.

B. You agree not to alter or modify any part of the Service.

C. You agree not to use the Service for any of the following commercial uses unless you obtain TogethVideos prior written approval:

  • the sale of access to the Service
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website
  • containing Content delivered via the Service, unless other material not obtained from TogetherVideo appears on the same page and is of sufficient value to be the basis for such sales.

General Use of the Service—Permissions and Restrictions

TogetherVideo hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without TogetherVideo’s prior written authorization.

B. You agree not to alter or modify any part of the Service.

  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website
  • containing Content delivered via the Service, unless other material not obtained from TogetherVideo appears on the same page and is of sufficient value to be the basis for such sales.

D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the TogetherVideo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

E. In your use of the Service, you will comply with all applicable laws.

F. TogetherVideo reserves the right to discontinue any aspect of the Service at any time.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to TogetherVideo, subject to copyright and other intellectual property rights under the law.

B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TogetherVideo or the respective licensors of the Content. TogetherVideo and its licensors reserve all rights not expressly granted in and to the Service and the Content.

C. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TogehterVideo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TogetherVideo with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless TogetherVideo, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

Your Content and Conduct

A. As a TogetherVideomember you may submit Content to the Service, including videos, events and user comments. You understand that TogetherVideo does not guarantee any confidentiality with respect to any Content you submit.

B. You shall be solely responsible for your own uploaded Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to TogetherVideo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to TogetherVideo, you hereby grantTogetherVideo and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of
(i) displaying the video within the TogetherVideo Service;
(ii) displaying the video on third party websites and applications
(iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices;
(iv) promoting the TogetherVideo Service, provided that you have made the video publicly available; and
(v) archiving or preserving the video for disputes, legal proceedings, or investigations.You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service.

D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TogetherVideoall of the license rights granted herein.

E. You further agree that you will not submit to the Service any Content or other material that is contrary to the TogetherVideoCommunity Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. TogetherVideo does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and TogetherVideo expressly disclaims any and all liability in connection with Content. TogetherVideo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and TogetherVideo will remove all Content if properly notified that such Content infringes on another's intellectual property rights. TogetherVideo reserves the right to remove Content without prior notice.

G. For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TogetherVideo and grant the licenses set forth above; (ii) TogetherVideo will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

Content Restrictions

  • You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

Digital Millennium Copyright Act

TogetherVideo respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal@togethervideo.com.

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnification

You will indemnify, defend, and hold harmless TogetherVideo and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TogetherVideo Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TogetherVideo violates any law or infringes any third party right, including any intellectual property or privacy right.

Disclaimers

TogetherVideo reserves the right to modify the TogetherVideo Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TogetherVideo Service. TogetherVideo has no obligation to screen or monitor any content and does not guarantee that any content available on the TogetherVideo Service complies with this Agreement or is suitable for all users.

TogetherVideo provides the Service on an "as is" and "as available" basis. You therefore use the TogetherVideo Service at your own risk. TogetherVideo expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TogetherVideo makes no representations or warranties:

  • That the Service will be permitted in your jurisdiction;
  • That the Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party's use of content that you submit;
  • That TogetherVideowill continue to support any particular feature of the TogetherVideo Service; or

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TogetherVideo Service, and no warranties shall apply after such period.

Limitation of Liability

To the fullest extent permitted by law: (i) TogetherVideo shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and
(ii) TogetherVideo’s total liability to you shall not exceed the amounts paid by you to ToetherVideo over the twelve (12) months preceding your claim(s).

Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the TogetherVideo Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. TogetherVideo is not the primary producer of the visual content contained in the TogetherVideo Service.

General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Minnesota, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the TogetherVideo Service must be commenced in the state or federal courts located in Hennepin County, Minnesota, United States of America (and you consent to the jurisdiction of those courts). In any such action, TogetherVideo and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TogetherVideo in exercising any right hereunder will waive any further exercise of that right. TogetherVideo’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: 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 TogetherVideo's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TogetherVideo electronically. TogetherVideo may provide all such communications by email or by posting them on the TogetherVideo Service.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TogetherVideo on the TogetherVideo Site or a written amendment signed by an authorized representative of TogetherVideo. A revised Terms of Service will be effective as of the date it is posted on the TogetherVideo Site.

GENERAL: Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TOGETHERVIDEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This Agreement constitutes the entire understanding between TogetherVideo and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing.