Terms of Use

Please review these terms and conditions of use carefully before using our website and services, including, without limitation, the following:

anyvideo.com, the anyvideo application, and the anyvideo browser extension

This document states the terms and conditions (“Terms”) upon which anyvideo.com (“we” or “us”) will provide service to you on its website, applications, and related services (collectively, the “Service”). As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns, and affiliates, and any of your or their devices.

By visiting, accessing, using, downloading, copying, installing, and/or joining (collectively “using”) the Service, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, cease using the Service and delete any copy of the Service which you may have.

These terms also include certain liability limitations and legal disclaimers that limit our liabilities. In other words, your use of the Service is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service.

1. Eligibility and Accounts

   a. Use of the Service is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country that is subject to international or applicable embargo, or a country that has been designated by the international or applicable law as a “terrorist supporting” country and that you are not listed on any applicable list of prohibited or restricted parties.

   b. You must be at least eighteen (18) years of age to use the Service. If you are under eighteen (18) years old, you are not permitted to use the Service and you must immediately cease using the Service, regardless of parental authorization.

   c. You may be required, from time to time and in our discretion, to create an account with us (an “Account”) to use parts of the Service to its fullest extent. In such cases: You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request. You acknowledge that we may also access, with your permission, personally identifiable information through a third-party or other means based on the permissions you provide. You shall not use another person or entity’s Account without authorization or access the accounts of any other person on any other systems. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to the further indemnification herein, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to all of your data on your Account, including any private content.

   d. The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the Service pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Service.

2. Grant of Use

   We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Service, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms and subject to the restrictions (technical and otherwise) of the Service. You may only access and use the Service for your personal and noncommercial use.

   This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your Account or use of the Service, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Service, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Service after said termination. Upon termination, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

   In addition to the terms set forth herein, your use of the Service shall be limited by the rules, features, and technical restrictions of the Service, which may change from time to time in our sole discretion. You shall not attempt to use the Service in any manner in which the Service is not intended or permitted to be used.

3. Intellectual Property

   a. The Content, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts, source code, and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark, and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.

   Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Proprietary Materials or Third Party Content.

4. User Submissions

   a. You are entirely responsible for any and all materials you download, upload, submit, transmit, create, modify, or otherwise make available in or via the Service, including any sound files, video files, or photographs that you create, modify, transmit or download through the Service (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

   b. You shall be solely responsible for any and all of your own User Submissions and any and all consequences of downloading, uploading, submitting, modifying, transmitting, creating, or otherwise making available the User Submissions. For any and all of your User Submissions, you affirm, represent, and warrant that:

   i. You own or have the necessary licenses, permissions, rights, or consents to use and authorize us to use all trademarks, copyrights, trade secrets, or other proprietary rights in and to User Submissions for any and all uses contemplated by the Service and these Terms; and

   ii. You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Services and these Terms.

   c. You further agree that you shall not download, upload, submit, create, transmit, modify, or otherwise make available material that:

   i. Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein, or have other legal and effective basis to the material and to grant us all of the license rights granted herein;

   ii. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;

   iii. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;

   iv. Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;

   v. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or

   vi. Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.

   We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Service and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.

   You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you have the right to download, upload, modify, access, transmit, create or otherwise make available the User Submissions on the Service, and that downloading or uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.

   f. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

   Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit, or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit, or proceeding.

   If you make any suggestions to us about improving the Service or adding new features to the Service, you are assigning to us the right to use your suggestions without any compensation to you.

   5. Content on the Service

   a. You understand and acknowledge that, when using the Service, you will be exposed to content from a variety of sources including content made available on or through the Service by other users, services, parties, and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.

   b. We claim no ownership or control over Third Party Content. Third parties retain all rights to their respective Third Party Content and they are responsible for protecting their rights as appropriate.

   c. You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Service for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).

   d. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

   e. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

   6. User Conduct

   a. You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power, and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.

   b. You hereby expressly authorize us to monitor, record, and log any of your activities on the Service.

   c. As a condition of your use of the Service:

   i. You agree not to use the Service for any unlawful purpose or in any way that is prohibited by these Terms;

   ii. You agree to abide by all applicable local, state, national, and international laws and regulations;

   iii. You agree not to use the Service in any way that exposes us to criminal or civil liability;

   iv. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service;

   v. You agree that all your User Submissions belong to you and that you have the right and authority to provide them to us and make use of them on or through the Service;

   vi. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor, or use data or Content from the Service;

   vii. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;

   viii. You agree not to “stalk” or otherwise harass anyone on or through the Service;

   ix. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;

   x. You agree not to disable, circumvent, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the content therein;

   xi. You agree not to post, link to, or otherwise make available on the Service any material that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;

   xii. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Service or any Content to any third party;

   xiii. You agree not to “frame” or “mirror” the Service; and

   xiv. You agree not to reverse engineer any portion of the Service.

   You may only use the Service consistent with these Terms and any and all agreements under which the Service is provided to you (including, for example, any app store agreement). You assume sole responsibility for obtaining any additional or related hardware or software required for use of the Service.

   Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Service, use any similar means to discover the source code of the Service or to discover any trade secrets or other intellectual property in the Service.

   You acknowledge that from time to time the Service may automatically check for and install updates on your device. You agree and accept that the Service may make updates without your confirmation or consent. Any updates to the Service will be deemed part of the Service. However, we have no obligation to provide you with any updates to the Service (nor does any third party).

   We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal, and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign, and domestic criminal and civil laws.

   In addition to termination of the grant of use of the Service, any violation of this Agreement, including the provisions of this Section 6, shall subject you to liquidated damages of ten thousand dollars ($10,000) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages is a minimum and that if actual damages are greater you shall be liable for the greater amount. If a court of competent jurisdiction finds that these liquidated damages are unenforceable to any extent, then the liquidated damages shall be lowered only by the extent necessary for them to be enforceable.

   7. Services on the Service

   a. You acknowledge that the Service is a general-purpose tool. Specifically, but without limitation, the Service allows you to access media on multiple other platforms and to, among other things, download and/or convert that media. The Service may only be used in accordance with law. We do not encourage, condone, induce, or allow any use of the Service that may be in violation of any law. We explicitly prohibit the use of the Service to download any content in violation of copyright laws.

   b. To the extent that we may store any User Submissions whatsoever, we do not intend to store any User Submissions for anything longer than a transitory period of time to give users a chance to download their content.

   8. Fees

   a. You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the Service because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions, or agreements posted on the Service and/or imposed by any sales agent or payment processing company, as may be amended from time to time.

   9. Privacy Policy

   a. We retain a separate Privacy Policy and your assent to these Terms also signifies that you have read and understand the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service or our website. No other notification may be made to you about any amendments. Your continued use of the App following such amendments will be deemed your acknowledgment of the Privacy Policy and that you have read and understand it.

   b. You acknowledge that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates to the Service.

   c. You understand, acknowledge, and agree that we may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably desirable or necessary for us.

   10. Copyright Claims

   a. We respect the intellectual property rights of others. You may not infringe the copyright, trademark, or other proprietary informational rights of any party. We may in our sole discretion remove any Content (or restrict use of the Service with any Content) we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.

   b. Repeat Infringer Policy. As part of our repeat-infringement policy, any user for whose MATERIAL we receive three good-faith and effective complaints within any contiguous six-month period will have his grant of use of the Service terminated.

   c. Although we do not monitor the Service for infringing activity, we may remove any Content that we have reason to believe violates any of the intellectual property rights of others. To the extent you are aware of any Content that violates any applicable law, you must notify us immediately.

   d. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please provide us with the following information (a “Notice”):

   i. Your physical or electronic signature; ii. Identification of the copyrighted work claimed to have been infringed; iii. Identification of the material that is claimed to be infringing and where it is located on the Service; iv. Your address, telephone number, and email address; v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

   You should send your Notice to us via email or via the contact information we provide on the Service.