- Your Acceptance
- Web Site Access
- CDS hereby grants you permission to use the Web Site, provided that: (i) your use of the Web Site is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Web Site without CDS’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Web Site; and (vi) you comply with these Terms & Conditions.
- In order to access some features of the Web Site, you will have to create an account. You may never use another individual or entity’s account without that individual or entity’s 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 CDS immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of CDS or others due to such unauthorized use. CDS will not be liable for your losses caused by any unauthorized use of your account.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Web Site in a manner that sends more request messages to the CDS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. CDS grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CDS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to their User Submissions (as defined below).
- CDS has the right to terminate your access to the Web Site, in its sole discretion, immediately and with or without cause.
- Intellectual Property Rights
- The content on the Web Site, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CDS. Content on the Web Site is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without CDS’s prior written consent. CDS reserves all rights not expressly granted in and to the Web Site. If you download or print a copy of the Content for personal 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 Web Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Site.
- User Submissions
- The Web Site facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, CDS does not guarantee any confidentiality with respect to any User Submissions. CDS has complete discretion over whether to display your User Submission on the Web Site.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize CDS to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Web Site and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Web Site and these Terms & Conditions.
- You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CDS, you hereby grant CDS, in addition to any other rights which it has pursuant to any other program established by CDS, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Web Site and CDS’s (and its successor's) business, including without limitation to grant access to the Web Site to third parties to view the User Submission (and derivative works thereof). You may notify CDS to remove the User Submission from the Web Site, and CDS will do so within a reasonable time period, at which point the foregoing license to CDS will terminate other than with respect to usages by CDS prior to such removal.
- You also hereby grant each user of the Web Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
- You agree 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 User Submission and to grant CDS all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CDS or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. CDS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CDS expressly disclaims any and all liability in connection with User Submissions.
- You understand that when using the Web Site, you will be exposed to User Submissions from a variety of sources, and that CDS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 may have against CDS with respect thereto, and agree to indemnify and hold CDS, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Web Site. You acknowledge that access to certain Content which may be available through the Web Site and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
- Copyright and Content Policy
CDS respects the intellectual property rights of others, and requests you to do the same. CDS does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site or related services, and CDS will remove all Content if properly notified that such Content infringes another's intellectual property rights. CDS reserves the right to remove Content without prior notice. CDS will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. CDS may remove such Content and/or terminate a User's account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide CDS’s Copyright Agent the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
CDS’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Collective Digital Studio, LLC
77 Federal St.
San Francisco, CA 94107
By fax: 1 415 882 7965
By email: [email protected]
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- CDS respects the intellectual property rights of others, and requests you to do the same. CDS does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site or related services, and CDS will remove all Content if properly notified that such Content infringes another's intellectual property rights. CDS reserves the right to remove Content without prior notice. CDS will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. CDS may remove such Content and/or terminate a User's account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide CDS’s Copyright Agent the following information:
- Producer Rewards
- CDS is no longer accepting videos into the Producer Reward program and is terminating the Producer Rewards program with respect to previously accepted videos on June 30, 2009.
- ESPN Content
- The Web Site includes content that is provided to CDS by ESPN. ESPN and their affiliated companies’ content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN or any other affiliated company) (“ESPN Content”) shall not be edited, transmitted, distributed, reproduced or modified in any part or copied onto any media, and may be used solely for the End-User’s personal, noncommercial home use only. End-User agrees that ESPN, The Walt Disney Company, and their subsidiary and affiliated companies and each of their respective officers, directors, employees, agents and assigns will not be held liable for any delays, inaccuracies, errors, or omissions in the ESPN Content or in the transmission or delivery of all or any part of the ESPN Content, or for any damages arising from any of the foregoing.
- Warranty Disclaimer
- YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. CDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEB SITE. CDS DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR FEATURED IN ANY ADVERTISING, AND METACAFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability
IN NO EVENT SHALL CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METACAFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT METACAFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT SHALL CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METACAFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- You agree to defend, indemnify and hold harmless CDS, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Web Site; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Web Site.
- Ability to Accept Terms & Conditions
- These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CDS without restriction and without notice to any party.
Last updated: October 3, 2012.
CDS may also collect or receive additional non-personally identifiable usage information specifically related to the use of a particular feature or offering on the Web Site, and responses to the offerings and advertisements presented on the Web Site.
CDS may also collect or receive (in some cases as part of the internet communication protocol) certain non-personally identifiable technical information, when the Web Site and pages are visited or when a CDS client is used.
We may use local shared objects, sometimes known as Flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Our advertisers and third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. If you disable Flash cookies, you won't have access to many features that make your guest experience more efficient and some of our services will not function properly. Click here to cancel an existing account.
CDS has implemented security policies, rules and technical measures to protect and safeguard the personally identifiable information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our personnel that have access to, and are associated with the processing of your personally identifiable information, are obligated to respect the confidentiality of the information.
Protecting the privacy of young children is especially important. For that reason, CDS does not knowingly collect or maintain personally identifiable information on the Web Site from persons under 13 years of age, and no part of our Web Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Web Site at any time or in any manner. If CDS learns that personally identifiable information of persons under 13 years of age has been collected on the Web Site without verified parental consent, then CDS will take the appropriate steps to delete this information.
Deletion (Opt-Out). In order to delete the personally identifiable information you submitted, notify us at [email protected] that you wish to delete your personally identifiable information or any part thereof contained at our databases. Modification. If you wish to modify or update your personally identifiable information, use the Web Site or application interface. If you need help, please contact us at [email protected]
The Web Site is hosted in the United States. If you are accessing the Web Site from a jurisdiction with privacy laws or regulations that differ from United States laws, please be advised that through your continued use of the Web Site, you are transferring your personal information to the United States and you consent to that transfer. Last updated: October 3, 2012.
You want to upload some videos? We love that! After all, uploading short flicks to Web Site is one of the five greatest things you can do in the world. First, there are some rules to follow. We know, you hate rules, but they exist to keep Web Site from devolving into chaos and becoming another business horror story. So here you go (take notes, we'll be testing you later):
- No cloning allowed. No, we're not talking about producing identical sheep in the lab - that's cool. We're talking about duplicating videos that already exist on the site. We HATE duplicates, because repetition repetition sucks sucks. So before you upload a video to Web Site, please conduct a search to see if it already exists here.
- Ten is enough. No, we're not talking about that cheesy TV show from the Seventies. We're talking about the length of your video: keep it under 10 minutes. Anything longer than that will be removed automatically by our system.
- Keep your pants on. We're not prudes here, but we want Web Site to serve as wide a community as possible. This means we will not allow sexually explicit videos on the site. Those are simply 2H4M (Too Hot For Metacafe).
- What about partial nudity or implied sexuality? We're not afraid of the odd 'wardrobe malfunction' but it's better to practice safe sex and put an 18+ filter on it.
- Filter that violence. Please remember that Web Site is all about entertainment and entertainment should not come at the expense of others. So if your video contains violence, please stick the appropriate filter on it:
- 18+: For real-world violence including physical attacks; for injuries, gruesome scenes, or explicit language.
- CDS will reject videos which portray illegal acts of violence or videos that show or imply human fatalities however newsworthy such footage may seem in context.
- Dress for success. Package your videos with killer titles, descriptions, thumbnails, and tags to attract viewers. But, please, be accurate, or we'll tell all the people you deceived exactly where you sleep.
- Irresistible Titles: What's in a name? Everything. Boring titles = no views, so give your video a title no one can resist.
- Teaser Descriptions: Don't you hate it when someone tells you the surprise ending of a movie before you've seen it? ("Dude, did you hear that Darth Vader is Luke's dad?") So go ahead and describe the contents of your video in vivid detail, but don't give away the punch line.
- Eye-Catching Thumbnails: Pick an image from your video that accurately represents its contents and grabs attention. But if it's something gross, don't show it - we like to eat while browsing the site.
- Tag Away: Use as many tags as you want to describe your video. That helps people find it in a search.
- Pick a channel. If your video fits more than one channel, choose one that applies most. Still can't decide? Take a coin, assign one channel to heads, one channel to tails, then flip it. Later, see a counselor about how you let coins shape your life.
We built Metacafe to be a creative community buzzing with energy. (We love a great buzz.) So we've established a few house rules to keep it going:
We hate playing cops - it takes time away from watching videos and building a killer site - so we hope this little statement does the job of keeping the Metacafe buzz going and growing.
Last updated: October 3, 2012