Term Of Services
I. Your Acceptance - By using or visiting the ItMustBeReel or any ItMustBeReel products through the ItMustBeReel website you signify your agreement to these Terms of Service.
- 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. ItMustBeReel may 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 benefits.
II. Service - ItMustBeReel is a video hosting and comment sharing website that enables users to access, view, upload, store and share videos. In addition, users may comment and provide feedback. The ItMustBeReel Service is made up of the ItMustBeReel website, the ItMustBeReel video player that is embeddable onto any website, the ItMustBeReel apps and web-apps as accessible via any current or future device capable of distributing the ItMustBeReel website and/or the video player, and more generally any ItMustBeReel products, content, channels, software, data feeds, services and functionality (“ItMustBeReel Service”).
- 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 ItMustBeReel, products and services offered via the ItMustBeReel website.
- The Service may contain links to third party websites that are not owned or controlled by ItMustBeReel. ItMustBeReel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ItMustBeReel will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ItMustBeReel from any and all liability arising from your use of any third-party website.
III. ItMustBeReel Accounts - In order to access some features of the Service, you will have to create an ItMustBeReel Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ItMustBeReel immediately of any breach of security or unauthorized use of your account.
- Once you are an account holder if in addition you accept the terms as an ItMustBeReel contributor, you will then have the opportunity to monetize Your Content uploaded on your ItMustBeReel Account.
- Although ItMustBeReel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ItMustBeReel or others due to such unauthorized use.
IV. General Use of the Service—Permissions and Restrictions As a User of the ItMustBeReel services:
- You agree not to distribute in any medium any part of the Service or the Content without ItMustBeReel’s prior written authorization, unless ItMustBeReel makes available Embeddable Player).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means ItMustBeReel may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain ItMustBeReel's 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 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 ItMustBeReel appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original video to ItMustBeReel,
- showing ItMustBeReel videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section IV.D; or
- any use that ItMustBeReel expressly authorizes in writing.
- ItMustBeReel reserves the right to discontinue any aspect of the Service at any time.
V. Your Use of Content - The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to ItMustBeReel, subject to copyright and other intellectual property rights under the law.
- 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 download any Content unless you see a “download” or similar link displayed by ItMustBeReel on the Service for that Content. 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 ItMustBeReel or the respective licensors of the Content. ItMustBeReel and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- Because the ItMustBeReel Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the ItMustBeReel Service and then associated to your ItMustBeReel Account and/or Your Content. In addition, You shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ItMustBeReel 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 ItMustBeReel with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ItMustBeReel, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
VI. Your Content and Conduct - As an ItMustBeReel account holder you may submit Content to the Service, including videos and user comments. You understand that ItMustBeReel does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own 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 ItMustBeReel 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.
- You will retain all of your ownership rights in your Content. However, by submitting Content to ItMustBeReel, you hereby grant ItMustBeReel a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ItMustBeReel's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. 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. You understand and agree, however, that ItMustBeReel may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. 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 ItMustBeReel all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is:
- Sexual or Nudity
- Hateful
- Threatening
- Violent or Graphic
- Endangers the Welfare of a Child
- Harmful of Dangerous
- ItMustBeReel does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ItMustBeReel expressly disclaims any and all liability in connection with Content. ItMustBeReel does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ItMustBeReel will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ItMustBeReel reserves the right to remove Content without prior notice.
VII. Account Termination Policy - ItMustBeReel will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- ItMustBeReel reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. ItMustBeReel may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
VIII. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ItMustBeReel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
IX. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
Dated: July 4, 2018