Terms & Conditions
Last updated: Jul 17, 2015.
The Viloud Player and Viloud Platform provide the ability to manage, stream and embed video content to desktop, mobile and Smart TV devices. Please read these Terms and conditions carefully before any Use of the Service. User’s Use constitutes an unconditional agreement to be bound by these Terms. IF USER DOES NOT ACCEPT THE TERMS USER IS PROHIBITED FROM USING THE SERVICE. The Service is available in different Plans, including free and paid options. Certain rights, obligations and restrictions vary based on the Edition User Uses. Unless otherwise stated, terms apply to all Plans.
1. Ownership of the website
The owner of the website viloud.tv is NOISE MEDIA, S.L. (Noise Media), established on Marqués de Molins 54, 03004 Alicante.
Noise Media is a company registered in the Mercantile Registry of Alicante, entry 1, volume 3843, folio 140, page number 144069, NIF B54838966.
Email address: firstname.lastname@example.org
2. Purpose and scope
All users that access the Website and/or contract the products or services offered through the Website agree to be bound by these conditions of use and contract.
Viloud works with videos uploaded to YouTube, Vimeo or your own hosted videos (your Video). You may use Viloud to overlay multimedia content or text on your Content (your Content) and embed the final product (the Channel) into your own website in accordance with our Terms.
Noise Media reserves its right to modify, at any time and without notice, any product and service offer or any other aspect of this legal disclaimer, including the conditions for contract, although these variations must respect the transactions already completed by the User and other users.
3. Your account
By signing up for a Viloud account you acknowledge that you are responsible for maintaining the confidentiality of your account and password and restricting access to the device/s you use to access Viloud, and to the extent permitted by law you agree that you are responsible for all activities that occur under your account. If you suspect that your account’s security has been breached, you should notify us immediately so that we can take appropriate action.
You must not use your Viloud account in any way that causes, or is likely to cause, interruption, damage or impairment to Viloud or access to Viloud or annoyance, inconvenience or anxiety to any other person. You must not (or attempt to) decompile, reverse engineer, disassemble, derive the source code of, modify or create derivative works of the Viloud service.
We reserve the right to terminate your account, refuse to provide our services for your Video, remove or edit your Content or refuse to host your Channel if you are in breach of any applicable laws or our Terms.
4. License to use Viloud
We own all intellectual property rights in our Website and the Viloud service. Subject to our Terms, we grant you a limited, non-exclusive licence to access and use the Basic Viloud service for your own personal and non-commercial purposes. If you wish to use Viloud for any commercial purposes, you may sign up for our Pro or Business services, to which these Terms also apply unless otherwise agreed by us in writing. If you are using a Basic account to provide commercial services, we may suspend or terminate your account at our discretion.
5. Your responsibilities, warranties and indemnities
When importing a Video into Viloud, you warrant that you have the permissions and/or rights to do so. When uploading Your Content to Viloud, you warrant that it does not infringe any third party’s intellectual property or privacy rights, contain any hateful, defamatory, derogatory, discriminatory, sexually explicit material or other material which could cause harassment or hatred towards any individual or group, or depict any unlawful, overly violent or explicit behavior, cruelty towards animals, exploitation of children or minors or violates any law. If you discover that your Video, Your Content or the Channel is infringing on the intellectual property rights of any third party, you should immediately delete Your Content from the Channel, or the entire Channel. We may suspend or terminate accounts for posting infringing material (see paragraph 7 below for details).
You further represent and warrant that you have the right to submit Your Content to Viloud and the right to grant the licences mentioned above and that Viloud will not be required to obtain licences from any third party or pay royalties to any third party in connection with Your Content.
You agree to indemnify us against all claims, liabilities and expenses arising out of any claim that the Video or Your Content infringes the rights of any third party in any territory. Any indemnity you provide to us under these terms and conditions only applies to the extent that we promptly notify you in writing of any claim or lawsuit relevant to the indemnity, and we will make no admissions or settlements without your prior written consent.
6. Limitation of liability
To the extent permissible by law, we shall not be liable for any direct loss, indirect loss, consequential loss or other damages resulting from any disruptions to any of our services, or as a result of any act or omission by us arising out of or in connection to your use or access to (or inability to use or access) Viloud.
We currently support the newest versions of all modern HTML5 browsers including Chrome, Safari, Firefox, Opera, Internet Explorer and the major of modern mobiles and tablets. While we aim to support most devices we cannot guarantee compatibility. You are encouraged to test your Channel on a variety of browsers and devices as we are not liable for any losses you may suffer if a user’s browser or device is unable to correctly display a Channel. If you have any enquiries about support for a particular browser or device please contact us at email@example.com
If you are a basic user you acknowledge that our service is being offered free of charge on an ‘as-is’ basis and we offer no warranties, express or implied.
7. Infringing material and termination of user accounts
We do not screen or monitor any Videos, Your Content or Third Party Content displayed in a Channel (together Content) and therefore not responsible for any Content. If we believe or are notified that any Content infringes on the rights of a third party or otherwise breaches these Terms, we may disable that Channel or the account associated with it while we investigate the situation and we reserve the right to remove that Channel entirely and suspend/terminate the account associated with it if these Terms have been breached. We can be notified of any infringing material here.
If you have a basic account, we reserve the right to terminate your access to all or any part of Viloud at any time, with or without cause, with or without notice and effective immediately.
If you have a premium account, we will only terminate your account without notice if you materially breach these Terms and do not remedy the breach within 14 days of being notified by us of the breach. Our total liability to you shall not exceed the amounts paid by you to us over the twelve months preceding any claim you may make.
8. Fair use and attribution
You agree to our Fair Use Policy and acknowledge that we may suspend or terminate your account if you breach it.
If you have a Free account, your Channel will prominently display the Viloud branding and may overlay Content. If you have a Pro account, our branding will be more subtly placed and will not overlay any Content. For Business accounts, we may agree to remove our branding entirely with prior agreement. Where applicable, you agree not to interfere with or otherwise prevent our branding from being displayed in any Channel.
You acknowledge that all fees are levied entirely by Viloud and neither YouTube or Vimeo receive any portion of our fees. Our current pricing is available here.
Payments will be charged 14 days after you sign up for the Pro or Business account and will cover the use of that service for a monthly subscription period as indicated. You have the right to ask for cancelling your subscription within these 14 first days after upgrading and free of charge.
After 14 days free trial and unless you notify us before the end of the indicated subscription period, we will automatically renew your subscription and you authorise us to collect the monthly subscription rate applicable at that date using any payment mechanism we have on record for you.
You can cancel your subscription at any time as explained above contacting us at firstname.lastname@example.org.
Any failure by us to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any of our rights. If any one of these terms is declared invalid by a court, this will not affect the validity of the remaining terms. In these Terms, the singular includes the plural and vice versa.
The provisions of this contract, as well as the interpretation and resolution of conflicts that may arise between the parties, will be applied under the Spanish law.
The parties expressly waive any privilege which may apply to them according to law and subject themselves to the jurisdiction of the Courts of Alicante, unless otherwise required by applicable law.