Terms of Use

Last revised: December 2, 2010

Contents

  1. Your Acceptance
  2. Privacy Policy
  3. Links To and From the Website
  4. Website Access/Users Who Violate Terms of Service
  5. Restrictions on Use of the Website
  6. Intellectual Property Rights
  7. User Submissions
  8. Trademarks and Celebrity Material
  9. Advertisements
  10. Registration, Password and Security
  11. Orders
  12. Price and Payment
  13. Delivery
  14. Warranty Disclaimer
  15. Limitation of Liability
  16. Indemnity
  17. Ability to Accept Terms of Service
  18. Assignment
  19. Modifications to Service
  20. Export Control
  21. General

1. Your Acceptance Back to top

By using and / or visiting viki.com, including all Content (as defined below) available through viki.com (collectively, the “Website,” which is operated by Viki, INC. (together with its parent, subsidiary and affiliated entities, “Viki”), you signify your assent to these terms and conditions (the “Terms of Service”).

Attention: Please read these terms of service and our privacy policy, and our intellectual property policy which are part of these terms of service, carefully before using this website. Accessing any part of this website indicates that you accept and agree to be bound by these terms of service in full. If you do not accept these terms of service, do not use, access, or download materials from this website and leave the website immediately.

You acknowledge (a) that you have read and understood these Terms of Service; and (b) that these Terms of Service have the same force and effect as a signed agreement.

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that Viki shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.

These Terms of Service were last revised on December 2, 2010. We may change these Terms of Service at any time. Please review the Terms of Service each time you visit the Website. By using this website, you agree to be bound by the most recent version of the terms of service.

2. Privacy Policy Back to top

Our Privacy Policy describes the information Viki collects when you and others use this Website. It also describes how Viki uses any personal information you share with it. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

4. Website Access/Users Who Violate Terms of Service Back to top

  1. Viki hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:

    1. your use of the Website as permitted is solely for your personal, noncommercial use;
    2. you will not copy, download or distribute any part of the Website in any form or medium without Viki’s prior written authorization;
    3. you will not alter, modify, or make derivative works from any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
    4. you will otherwise comply with the terms and conditions of these Terms of Service. All derivative work on viki.com is licensed under a Creative Commons Attribution Non-Commercial No Derivatives license. Outside of viki.com, no one has the right to alter the derivative work in any way, or to use it commercially. The unaltered derivative work can only be shared as a link back to the derivative work on viki.com.
  2. Viki may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who repeatedly post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights.

5. Restrictions on Use of the Website Back to top

In your use of the Website, you shall not:

  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
  • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
  • impersonate or misrepresent your affiliation with someone else;
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
  • collect personally identifiable information in violation of Viki’s privacy policy;
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website; or
  • use the Website to advertise or perform any commercial solicitation.

Viki will fully cooperate with any law enforcement authorities or court order requesting or directing Viki to disclose the identity of anyone violating these Terms of Service.

Viki believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post or transmit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Website.

6. Intellectual Property Rights Back to top

Everything you see, hear, or otherwise experience on this Website, except all User Submissions (as defined below), including but not limited to the videos, text, software, photographs, scripts, graphics, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Viki, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Viki owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. Viki and V.SCOOP are trademarks of Viki.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Viki reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Viki in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized by Viki. You may not build a business using the Content, whether or not for profit. If you print a copy of the Content for personal, non-commercial use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7. User Submissions Back to top

  1. The Website may now or in the future permit the submission of text, subtitles, dubs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/ or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Viki does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own User Submissions (including text, subtitles, dubs or other communications or graphics submitted by you and other users and the consequences of posting or publishing them). You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Viki, you hereby grant Viki and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Viki’s (and its successor’s and assign’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you to users of the Website terminates once you remove or delete a User Submission from the Website.
  3. In connection with User Submissions, you represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Viki all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Viki or any third party; and (iii) submit material that is unlawful, violates any law, or is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting User Submissions. Viki does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Viki expressly disclaims any and all liability in connection with User Submissions. Viki does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and Viki will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s rights. (See Intellectual Property Policy) Viki reserves the right to remove Content and User Submissions without prior notice. Viki also reserves sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Service.
  4. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Viki is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Viki with respect thereto, and agree to indemnify and hold Viki, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

8. Trademarks and Celebrity Material Back to top

  1. Viki responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
  2. Please be aware that celebrities, and sometimes others, have a "right of publicity," which means that they have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on Viki and you don't have the celebrity's permission.

  3. If you are a trademark owner or a celebrity and you believe your rights have been infringed on Viki, please submit a notification of infringement in writing to:

    Viki, Inc. Agent for Notice of Claims,
    Block 59 Mohamed Sultan Road
    #04-08/09/10
    Singapore 238999

    Fax: +65.6846.8066
  4. To submit a notification, you must be the intellectual property owner or an authorized agent of the intellectual property owner.
  5. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location in Viki where you believe the infringement is occurring.

9. Advertisements Back to top

Viki takes no responsibility for advertisements or any third party material posted on Viki, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Website are between you and the advertiser, and you agree that Viki is not liable for any loss or claim that you may have against an advertiser.

10. Registration, Password and Security Back to top

Before you may use the Website to purchase optional services, you must first open an account by completing Viki’s registration process. As part of the registration process you must provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account, and for any and all activities that occur under your account. You agree to notify Viki immediately of any unauthorized use of your account or any other breach of security. Viki will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you could be held liable for losses incurred by Viki or a third party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You are solely responsible for all activity on your account.

Viki may terminate or suspend your account(s) (and access to all service or access to a particular service) for violation of the Terms of Service, illegal or improper use of your account, or illegal or improper use of the service, Content or the Website, as determined by Viki in its sole discretion.

11. Orders Back to top

After you have completed the registration process, you may order the service pursuant to the order procedure set forth on the Website. By submitting an order via the Website, you offer to purchase the service you select and submit to Viki pursuant to these Terms of Service. Viki reserves the right to refuse service, reject orders, terminate accounts, remove or edit content, or cancel orders in its sole discretion. All service purchased hereunder are subject to these Terms of Service.

12. Price and Payment Back to top

Unless otherwise specified on the Website, Viki’s price for the service is set forth on the Website, however, such prices do not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that Viki may be required to collect or pay upon the sale or delivery of the service purchased hereunder. Prices are, and all payments shall be made, in the currency stated on the order page. [U.S. dollars].

If a service available through the Website is quoted at an incorrect price due to typographical error or error in pricing information:

  1. Viki has the right to refuse or cancel any orders placed for the service quoted at the incorrect price, even if Viki has confirmed the receipt of your order and charged your credit or debit card; and
  2. if Viki has charged your credit or debit card but subsequently canceled your order, Viki will promptly issue a credit to your credit or debit card account for the amount charged via the method you paid.

You may pay fees using the methods available for the particular service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by service, and may include credit or debit card, PayPal, mobile and/or other methods. When you provide credit card or other payment information to Viki, You can use a credit or debit card, PayPal or other similar accounts (each referred to as “Payment Information”) to pay for Services. When you provide Payment Information to us (or our designated licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. You agree to pay the amount specified, including any applicable sales or other taxes, and shipping and handling charges. No discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction. If you buy a subscription to a service, your subscription shall automatically terminate at the end of the period specified unless you renew it by paying for the next subscription period. Viki has no obligation to advise you of the expiration of your subscription period. Different payment methods may be subject to additional processing fees.

Viki and its related companies and payment processing companies will process, store and use information about your transaction as specified in our Privacy Policy.

If your account, or a particular subscription for a service associated with your account, is terminated or suspended, no refund will be granted, and you will have no further access to your account or the particular service. If you believe that any action has been taken against your Account in error, please email contact@viki.com.

13. Delivery Back to top

Upon receipt of payment for a service, and provided that you are in compliance with these Terms of Service, Viki will make available to you via the Website the service you purchased.

14. Warranty Disclaimer Back to top

You agree that your use of the website and service shall be at your sole risk. To the fullest extent permitted by law, Viki, its officers, directors, employees, and agents disclaim all warranties, express, implied, statutory, or otherwise in connection with the website and your use thereof and any service, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, the use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, Viki does not represent or warrant that the information on the website or on any websites linked to this website is accurate, complete or current or that the website or any service will operate without interruption or error.

Viki assumes no liability or responsibility for any

  1. Errors, mistakes, or inaccuracies of content,
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website including any service,
  3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. Interruption or cessation of transmission to or from our website,
  5. Bugs, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through our website by any third party, and/or
  6. Loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

15. Limitation of Liability Back to top

The Website is controlled and offered by Viki from its facilities in the United States of America. Viki makes no representations that the Website is appropriate or available for use in all jurisdictions. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws and regulations.

In no event shall Viki, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

  1. Errors, mistakes, or inaccuracies of content,
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. Any interruption or cessation of transmission to or from our website,
  5. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
  6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content or your business transactions with any advertisers wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Viki is advised of the possibility of such damages. Your exclusive remedy and Viki’s exclusive liability in the event that any service that you purchase and have paid for is unavailable is a refund of the money you paid us for the unavailable portion of the service. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

16. Indemnity Back to top

You agree to indemnify, defend and hold harmless Viki, its officers, directors, employees, agents, affiliates, shareholders, licensors and suppliers from and against any claims, losses, obligations, demands, liabilities, expenses, damages, costs, debt, and attorney’s fees resulting from

  1. Your use of, access to, or misuse of the Website;
  2. Your violation of any term of these Terms of Service;
  3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. Any claim that one of your User Submissions caused damage to a third party;
  5. Any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account; or
  6. Any transaction you conduct as a result of the contact facilitated by the Website.

17. Ability to Accept Terms of Service Back to top

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 Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

18. Assignment Back to top

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Viki without restriction and without notice to you.

19. Modifications to Service Back to top

Viki reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Viki shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

20. Export Control Back to top

Software and the transmission of applicable technical data, if any, in connection with the Website are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

21. General Back to top

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Viki without restriction and without notice to you.

© 2013 Viki Inc. All rights reserved.
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