Thank you for using the Vidyoup platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
- To carry on business of an audio and video streaming platform.
- To carry on various other internet based or related on-line business, online streaming services.
- To provide various web-based services including gaming, blogging, audio/video streaming etc. by designing, creating, hosting, servicing etc., appropriate web sites, and to carry out business of internet service, electronic mail service, facsimile service for online medium and/or mobile applications, providing or engaging in business of m-commerce solutions, providing value added services in mobile telephones and/or other communication systems.
- To carry out the business of broadcasting, telecasting, relaying, transmitting, distributing, buying, selling or running any news, films (including commercial films), audio, video or any other programme over television, radio, internet, telecom or any other electronic media subject to the necessary Government and other approvals and to also engage in the activities or businesses of broadcasting of sound and/or audio-visual recordings ,cable and wireless communications and in similar activities related thereto.
- To acquire and dispose of copyrights, licenses and any other rights or interests in any literary, dramatic or musical work, poems ( any poem), songs, composition (musical or otherwise), pictures, drawings, work of art or photograph and to print, publish or cause to be printed or published anything of which the company has a copyrights or right to print or publish.
- To sell, distribute and deal with any matter so printed or published in any manner approved by the law and to grant licenses or rights in respect of any property of the company to any other person (firm or company).
- To engage, provide, employ or to act as agents in the engaging, providing and employing of artistes, actors, singers, dancers, variety performers, instructors, entertainers and any other persons or companies in connection with the production, transmission and performance of Music scenarios, plays, operas, pantomimes, ballets, concerts, exhibitions, entertainments, performances and amusements of any kind.
- To carry out the business of general contractors and general merchants; which includes but not limited to buying, selling, manufacturing and dealing in all forms of articles, substances, products, systems and appliances that will enable the company realize its set objectives………… deleted.
- To borrow or raise money in such manner as the company shall deem fit, and in particular by the issue of debentures or debenture stock (perpetual or otherwise) and to secure the repayment of any money borrowed, raised or owning, by mortgage charge, or lien upon the whole or any part of the company’s property or assets (whether present or future) including its uncalled capital, and also by similar mortgage, charge lien to secure and guarantee the performance by the company of any obligations or liability it may undertake.
- To do all such other things as may be considered to be incidental or conducive to the attainment of the above objects or any of them.
Your use of the Service is subject to these terms and conditions, the Vidyoup Community Guidelines and the Policy, Safety and Copyright Policies (together with the "Agreement" ????? which agreement). Your Agreement with us will also include the Advertising on Vidyoup 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 accept any part of it, then you may not use the Service.
Who may use the Service?
The service is meant for adults of any kind (not withstanding the gender ,ethnic, race and religion) ,children may use the service subject to the approval of the parent or guardian.
Permission by Parent or Guardian
- Applicants who are under 18 years must obtain the consent, approval and permission of their parents or legal guardians before they can be allowed to use the Service. Note: Please, you have them read this Agreement with you.
- The parents or legal guardians of users under the age of 18 years (who consent to the use of the Service by a child) is bound by the terms and conditions contained in this Agreement and shall be responsible for the child’s activity on the Service.
Clients using the Service on behalf of a company or organization must state and confirm to us that authority to act on behalf of that company or organization, and that the company or organization agreed to be bound by this this Agreement.
Use of the Service
Content on the Service
The following restrictions applies to the use of the Service. Clients are not allowed to do any of the following:-
- 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 Vidyoup and where required; the respective rights holders; or (c) as permitted by applicable law;
- circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things in any way or form), 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;
- access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines;
- 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;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
- 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;
- misuse any reporting, flagging, complaint, dispute, or appeal process, including by making groundless, vexatious, or frivolous submissions;
- run contests on or through the Service that do not comply with Vidyoup ’s contest policies and guidelines;
- 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
- 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 Vidyoup policies.
Any right not expressly granted to client in this Agreement remains the right of Vidyoup or the respective rights holders which means that using the Service does not give client the ownership of any intellectual property rights in the content they access (including any branding used on or displayed in the Service).
Changes to the Service
Vidyoup undertake to constantly change and improve the Service. To that extent, Vidyoup may need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features and to comply with the extant law or prevent illegal activities on or abuse of our systems. We further undertake to always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, Vidyoup shall provide notice before any discontinuance or material changes is made to the Service, that is changes which may have an adverse impact on the use of the Service. However, there may be times when it is urgently required to make such changes without notice which includes but not limited to actions to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.
Your Content and Conduct
If client (you) have a Vidyoup channel, client may upload the Content to the Service. Clients may use their respective Content to promote their business or artistic enterprise. Where client choose to upload Content, client must not submit to the Service any Content that does not comply with this Agreement or the law, such as; the Content that includes third-party intellectual property (such as copyrighted material) unless the consent and permission of the third party was first sought and obtained or person otherwise legally entitled to do so. Clients are legally responsible for the Content they submit to the Service. The Company (Vidyoup) may use automated systems that analyze Contents to detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
Clients retains ownership of right in their Content. In essence, what belongs to client remains the personal property of the client. However, the Company (Vidyoup) may require client to grant certain rights to her (Vidyoup) and other users of the Service, as described below.
Licence to Vidyoup
By providing Content to the Service, client will grant to Vidyoup 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.
Licence to Other Users
Client (user) may also grant other users 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 licence(s) granted by clients (users) continue until the Content is removed as described below. Where removed, the licence(s) will terminate, except where the operation of the Service use of Content permitted before your removal or where the law requires otherwise, such as removal of Content by client does not require Vidyoup to: (a) recall Content that is being used by other users (client) within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
Removing Your Content
Clients (users) may remove their Content from the Service at any time. Clients also have the option to make copies of their Content before removing them. Clients must remove their Content where they are no longer have the rights required by these terms.
Removal of Content By Vidyoup
Where the Company (Vidyoup) reasonably believe that any Content is in breach of this Agreement or is liable to cause harm to Vidyoup, other users (clients), or third parties, the company (Vidyoup) may remove or take down (i.e. remove)some or all of such Content. The company (Vidyoup) will notify clients the reason for such removal except the company reasonably believe that to do so would occasion any of the following: (a) violation of the law or the direction of a legal enforcement authority, or would otherwise risk legal liability on the company ( Vidyoup) ; (b) compromise investigation or the integrity or operation of the Service; or (c) cause harm to any user, other third party, Vidyoup .
Account Suspension and Termination
Termination by Client
Client may stop using the Service at any time by deleting the Service from their Account, which involves closing of clients’ Vidyoup channel and removing their data with the option to download a copy of their data first.
Terminations and Suspensions by Vidyoup for Cause
The Company (Vidyoup) may suspend or terminate clients’ (users) access, account or account’s access to all or part of the Service where client: (a) materially or repeatedly breach this Agreement; (b) The Company is required to do so in complying with a legal requirement or a court order; or (c) The Company reasonably believe there has been conduct that creates liability or harm to any user, other third party, Vidyoup or its Affiliates.
Terminations by Vidyoup for Service Changes
Vidyoup may terminate Client’s access or its account’s access to all or part of the Service if Vidyoup reasonably believes that its provision of the Service to Client is no longer commercially viable.
Notice for Termination or Suspension
The Company (Vidyoup) will notify client the reason for termination or suspension by Vidyoup ; except where The Company (Vidyoup) reasonably believe that to do so will occasion any of the following: (a) violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Vidyoup or our Affiliates; (b) compromise an investigation or the integrity or operation of the Service; or (c) cause harm to any user, other third party, Vidyoup or our Affiliates. Where Vidyoup is terminating client’s access for Service changes , client would be provided with sufficient time to export your Content from the Service (that is where it is reasonably practicable).
Other Legal Terms
The Company (Vidyoup) provides the Service with reasonable care and skill.
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights , to that extent , client may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Vidyoup does not make any specific promises about the Service. The Company (Vidyoup) 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, Vidyoup and its Affiliates will not be responsible for any of the following:
- losses that were not caused by Vidyoup or its Affiliates’ breach of this Agreement;
- any loss or damage that was not at the creation of this Agreement (formed between client and Vidyoup) reasonably foreseeable consequence of Vidyoup or its Affiliates breaching this Agreement; or(don’t understand)
- 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:
- Vidyoup and its Affiliates will not be responsible for lost of 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
About this Agreement
Modifying this Agreement
The Company (Vidyoup) may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Vidyoup 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 without notice. Changes will only apply going forward. If client do not agree to the modified terms, clients may remove any Content uploaded them and discontinue the use of the Service.
Continuation of this Agreement
Where client 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 client will continue in limited cases as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
The Company (Vidyoup) may transfer all or part of this Agreement to an Affiliate or, if Vidyoup is sold, to a third party.
Where client does not comply with this Agreement and The Company (Vidyoup) does not take action immediately, this doesn’t mean that The Company (Vidyoup) are giving up any of the rights possessed by her (such as the right to take action in the future).
This Agreement and client’s relationship with Vidyoup under this Agreement will be governed by Nigerian Law and any legal disputes may be resolved in any court of competent jurisdiction with the Federal Republic of Nigeria.