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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SERVICE

Terms of use

Videoelephant.TV operated by VideoElephant Limited ("we", "us", "our" ). We are registered in Ireland under company number 498898 and have our main office at VideoElephant, Basement, 40 Leeson Street Lower, Dublin D02 W213, Ireland.

These terms of use, tell you the terms of use on which you may make use of VideoElephant TV (our Service), whether as a guest or a registered Member. Use of our Service includes accessing, browsing, or registering to use our Service. Please read these Terms carefully before you start to use our Service, as these will apply to your use of our Service.

By using our Service, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Service.

Other applicable terms

These Terms refer to the following additional terms, which also apply to your use of our Service:

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy which sets out information about the cookies on our Service.

Changes

We may update our Service from time to time and may change the content at any time. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We make no representations, warranties or guarantees, whether express or implied that the content on our Service is accurate, complete or up-to-date nor that we screen or monitor any content. We do not guarantee that any content available on the Service complies with these Terms or is suitable for all users.

Use of the Service

You must be at least 13 years of age to use the Service.

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

Copyright and other Intellectual property rights

Your use of content in this Service:

We are the owners or the licensee of the copyright and other intellectual property rights in our Service, including videos, image, text, audio recordings, trade marks, logos, Service design and other protected material published on the Service, and database rights and computer software underlying the operation of the site ("the content"). The content is protected by laws and treaties around the world. All rights in the content are reserved.

VideoElephant's grants you a limited, non-exclusive licence to access and view the content, but you may not reproduce, re-publish, sell, distribute, adapt or create derivative works from the content, you may not make automated or systematic extractions of content from the Service and you may not decompile, reverse engineer or disassemble any software or other operational component of the Service.

Infringing content

VideoElephant respects copyright. If you believe that your copyright has been infringed by the publication of any item of content on this Service, please send us a signed notice containing the following information:

  1. Your name, address, telephone number and email address.
  2. A description of the item of content in which you claim the copyright is infringed.
  3. A statement that you believe on valid grounds that the publication of the item of content on the Service is not authorised by the copyright owner or the owners agent, and is not the subject of an exception to copyright.
  4. An assurance that you will, if required, provide a sworn statement that the information furnished by you is correct.

On receipt of such a notice, we will investigate your claim, will respond within a reasonable period, and where appropriate, will remove the item of content from the Service.

Limitation of our liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Service. Or use of or reliance on any content displayed on our Service.

Please note that we only provide our Service for domestic and private use and we have no liability to you for any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, audio visual equipment, computer programs, data or other proprietary material due to your use of our Service or on any service linked to our Service.

We rely on assurances given by providers of content on our Service that they hold sufficient right and title to the copyright and other intellectual property rights in the content to authorise us to make the content available on the Service. VideoElephant does not accept responsibility for breach of any such right. Nor do we accept responsibility for the content of services linked on our Service. Such links should not be interpreted as endorsement by us of those linked services. We will not be liable for any loss or damage that may arise from your use of them.

You may use our Service only for lawful purposes. You may not use our Service:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Service. When a breach of has occurred, we may take such action as we deem appropriate which may include taking all or any of the following actions: (i) immediate, temporary or permanent withdrawal of your right to use our Service, (ii) issue of a warning to you (iii) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and (iv) further legal action against you.

We exclude liability for actions taken in response to breaches as described.

Indemnification

You will indemnify, defend, and hold harmless VideoElephant and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:

  1. Arise from your activities on the Service.
  2. Assert a violation by you of any term of these Terms.

Disclaimers

VideoElephant provides the Service and content on an "as is" and "as available" basis. You therefore use the Service at your own risk. VideoElephant 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, VideoElephant makes no representations or warranties:

  1. That the Service will be permitted in your jurisdiction.
  2. That the Service will be uninterrupted or error-free.
  3. Or that the Service or content will meet your business or professional needs.
  4. Or that VideoElephant will continue to support any particular feature of the Service.

Viruses

We do not guarantee that our Service will be secure or free from bugs or viruses. You should use your own virus protection software. You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Service will cease immediately.

Links to and from our Service

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service, nor may you create a link to any part of our Service other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out above.

Where our Service contains links to other services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those services or resources.

Applicable Law

Please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.

Trademarks

VideoElephant TV, VETV, the VideoElephant TV Logo and VideoElephant are trademarks of Video Elephant Limited.

Contact us

To contact us, please email: help@videoelephant.tv

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