Terms and Conditions
 

SPIDVID'S USER AGREEMENT

 

TERMS AND CONDITIONS

 


 

WARNING!

 

THIS IS NOT “FINE PRINT” THAT YOU DON’T HAVE TO BOTHER TO READ.

 

THIS DOCUMENT LISTS OUR CONTRACTUAL OBLIGATIONS TO YOU. IT ALSO EXPLAINS HOW YOU, TOO, ARE CONTRACTUALLY BOUND.

 

WE HAVE TAKEN THE TIME TO EXPLAIN, IN CLEAR TERMS, OUR POLICIES AND PROCEDURES. PLEASE TAKE THE TIME TO READ THEM.



Socially Collaborative Media Inc. (SCM) is Spidvid's parent company and is highly enthusiastic about serving you so we want to make your experience with us a positive one. One step toward enhancing your relationship with us is to clearly describe the terms that are applicable to you and your use of our services, as explained in this Agreement and Terms and Conditions.


The terms “we,” “us,” “our” and “seller” refer to the owner(s) and employees of Socially Collaborative Media, Inc. (hereinafter, "SCM, Inc. or "SCM")."


The terms, “you,” “customer,” and “user,” refer to those individuals who visit this website.


SCM, Inc., reserves the right to change and/or update this agreement at any time without providing you with notice. You are welcome at any time to refer to this Agreement to understand the current Terms and Conditions, and to ascertain what, if any, changes have been made. Please be advised that by using this web site, in any way and at any time, you indicate a full acceptance of these Terms & Conditions. If you do not intend to adhere to these terms, please leave this site, immediately.


  1. EXPLANATION OF SERVICES. SCM's services are two fold: 1) We are a platform that allows videos to be uploaded to our site; 2) we are a social collaboration website that provides an opportunity for creative people to collaborate on projects together for dissemination on the SCM-owned Platform, UnleashVideo.com.


  1. FEES. This site is free of charge. SCM, Inc. does not seek any payment from any user of this site.


  1. USERS. The users of this site are Creators and technical and production personnel, or people seeking to enter the field for the first time to work on film and video projects. This site brings people together to team up, create, and work on projects (their affiliation is deemed to be a "studio" for the purposes of their contribution) for display on the website, Unleash Video. Although they are not contracted to do work for Unleash Video, users are given a percentage award (determined by the Creator of the Project) which will be distributed to their account on a monthly basis.


  1. PAYMENTS TO PAYPAL.COM FOR VIEWS. We no longer pay out money for video views


  1. PASSWORDS/PRIVACY/CONFIDENTIALITY. Your username and location will be shared with other users of this platform. Disclosure of your username and location are important, as it promotes opportunities for individuals in the same location to collaborate with one another on creative products. You, as a member of the site are responsible for maintaining the confidentiality of your true name and identity, email address, in addition to your username and password; you are also fully responsible for all activities that occur under your username or true identity. You agree that you will immediately notify SCM, Inc., via email, immediately, of unauthorized use of your true identity, username, password, or email. SCM, Inc., shall not be liable for any loss or damage arising from your Account or your failure or negligence in complying with these requirements. If we determine that your use of this service is intended for a different purpose, then we can revoke your access to this site at any time.


  1. COPYRIGHTS AND INTELLECTUAL PROPERTY. SCM, Inc. is the exclusive owner and proprietor of the platform services provided herein. However, the Site Content (the videos) are owned by the "studio" identified by your designated collaborative project or "Production Company" name, represented by the Creator of the content of the video to be uploaded for production. The production company gives SCM, Inc., a license to display the video produced by the collaborative efforts of the studio's members.

    1. LOGOS. "SCM, Inc.," and the SCM, Inc., or SCM, or any corresponding logo in picture form are trademarks ("Marks") belonging to SCM, Inc. Any unauthorized use of these Marks is strictly prohibited.

    2. The Website Platform is Ours. The information, documentation and other Content posted in this Website and Unleash Video (excluding the collaborative Video produced by you) belongs to SCM, Inc. The arrangement of the website, including, but not limited to, the graphics, icons, organization, arrangement, and overall appearance of this Website strictly belongs to SCM, Inc.

    3. The Video Content is Yours. Copying or reproducing the Video or any portion thereof to any other server or location for further reproduction or redistribution is permissible. You are free to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Video produced by your "studio."

    4. Any Third Party Content Not Licensed to You (any license must be shown via written proof) is NOT Yours and You Could be Found Liable for Copyright Infringement if You do Not Seek Advance Permission to Use It in Your Video. You agree to adhere to the terms and conditions of this Website, and, also, in good faith, intend to be bound by the letter and the spirit of the Digital Millennium Copyright Act, and its Safe Harbor provisions under section 512. No paraphrase of the Digital Millennium Copyright Act under these Terms and Conditions can supplant or substantively alter the terms of the original Act, and you are encouraged to conduct your own due diligence as to its requirements by looking up the law (readily available through usual Internet search engine sources), or by consulting with an attorney. You shall not intentionally use in your video any protected material(s), whether visual, audio, written, or in some other tangible form, owned by a third party, which could infringe upon that owner's original copyright in that material; Should it come to SCM's attention that you are potentially violating the copyright of the original order, SCM will expeditiously remove the infringing material. SCM shall notify you as to why your material was taken down. Once you are notified of our action you are free to send a counter-notification, stating that you believe you have a good-faith belief that your use of the copyrighted material is not infringing. Upon receipt of your counter-notification, SCM will upload the allegedly infringing video within 14 days of the counter-notification, unless the copyright owner notifies you that he/she/it has filed a copyright infringement action against you.

    5. You also agree that any opinions, advice, statements, services, offers, or other information that constitutes part of the video content expressed or made available by you and/or third parties, do not represent the opinions and judgments of SCM, Inc., or any of its employees.

    6. FOR CREATORS: READ CAREFULLY AND CHECK EACH BOX

Socially Collaborative Media seeks to create a community that allows creative people, filmmakers and those who seek to participate in the creative filmmaking process. Our company requires any person affiliated with this site to ascribe to the fundamental and basic principles of copyright law. We encourage you to become familiar with the law by visiting the http://www.cb-cda.gc.ca/info/act-e.html#91.

      • As a creator, I understand that my idea or concept, as original as I think it may be, may not be considered original to others, and another individual may have posted, or post, in the future, a similar concept.

      • I know that by sharing my concept online, it is published and can therefore be used by others, altered by others, and/or improved upon or diminished by others, and that I have no recourse as my concept is intangible.

      • I know that even if I believe that someone has used my idea in any manner, I cannot hold Socially Collaborative Media responsible or liable, because I gave the site permission to post my idea on its web platform.

      • I also understand that my idea, concept, or principle, as laid out on the Collab Guru submission form is not fixed in a tangible form such that I can claim copyright protection.

      • I understand that my proposed creative idea submission, whether it be a Title, short phrase, or slogan, is not protected by copyright.

      • I understand that by using this site, I agree that I have no right of exclusive ownership to the idea submitted by me, and that by posting it online, there is a strong likelihood that another individual may use the idea. By submitting my idea, I am automatically waiving my right to challenge another's use of the idea based upon principles of copyright infringement, and I recognize that I do not likely have a right to challenge his/her/its use of the idea.

      • I understand that it is my prerogative to secure the assistance of other people to work on my idea to express in a tangible means of expression (video, short story, speech, etc.).

      • I understand that it is also my prerogative to decide not to use the idea submitted and that anyone else can develop or expand upon the idea and I have no recourse as I intended for my idea to be shared with others.

      • I will determine the distribution of credit and percentage worth of cash that each participating crew member shall earn from any income shared by SCM and me and members of my team (also known as "studio") and this is my decision alone.

      • I know that SCM seeks to place the video on its platform for revenue sharing purposes with me and my collaborators. As Creator I have no recourse to mediation with or concerning SCM because the act of awarding name credit and the members' percentage of monies to be earned from the video is a decision that only I can make, or delegate to another. I fully understand that I must utilize my own means, which shall not include SCM, be it a discussion, arbitration, mediation, or litigation surrounding or concerning credits/payments. Nothing in this agreement suggests that my collaboration with others on this site constitutes a union of any sort that can make demands on SCM to change its policies. My only recourse is to ask that my video(s) be taken down from the SCM platform.


  1. NO WARRANTIES/DISCLAIMER OF LIABILITY. SCM, Inc., does not

guarantee that the general or specific information posted on this site is accurate, current, or suitable for any particular purpose. We also assume no obligation to update or continue to post the information on this site. SCM, Inc., does not guarantee that access to this Website will be uninterrupted. SCM, Inc. does not guarantee that this Website will be free of viruses. SCM, Inc., does not guarantee that this website cannot be tampered with by third parties. Notwithstanding the above, we will make every reasonable attempt to protect the information in this site. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL SCM, Inc., ITS EMPLOYEES OR ANYONE ELSE INVOLVED IN CREATING OR MAINTAINING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSSES THAT RESULT DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO USE THE WEB SITE AND/OR ANY OTHER WEB SITES WHICH ARE LINKED TO THIS SITE - OR THAT RESULT DIRECTLY OR INDIRECTLY FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, VIRUSES, ERRORS, DEFECTS, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS. IN PROV INC.ES, TERRITORIES, OR STATES WHICH DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. EVEN IF SCM, Inc. IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE INFORMATION IS TO STOP USING THE SITE AND THE INFORMATION CONTAINED HEREIN. NO ADVICE OR INFORMATION FROM SCM, Inc. OR THROUGH OR FROM THE WEBSITE OR SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SCM, Inc., ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE


  1. INDEMNIFICATION. You agree to indemnify, whether statutorily permitted or required under the applicable territorial, province, state or laws. Your agreement to indemnify operates to defend and hold SCM, Inc., its owner(s), employees, officers and agents, harmless from any liability, including its own negligence. Indemnification is included, but not limited to judgments, penalties, fines, settlements, loss, claim and expense, including attorney's fees and expenses, related to or arising from your use of SCM, Inc., services or your violation of the Terms and Conditions or use of this web site.


  1. DISPUTE RESOLUTION. To prevent the waste of any number of tangible and intangible resources on litigation, you and SCM, Inc., agree to resolve disputes privately by good faith negotiation where at all possible. Any dispute that you and SCM, Inc., cannot resolve by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the Arbitration Institute of Canada, or any comparable entity agreed upon in writing by both SCM, Inc., and you. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction in the Province of ONTARIO. You and SCM, Inc., agree that any mediation or arbitration of disputes pursuant to this paragraph will be held at the appropriate venue in Toronto, ONTARIO, CANADA. Each party shall be responsible for his/her/its share of the arbitration fees in accordance with the applicable Rules of Arbitration. 


  1. ATTORNEYS' FEES. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney fees for having to compel arbitration or defend or enforce the award. Should either party resort to any other legal proceedings in connection with this Agreement, this contract binds the prevailing party in such legal proceedings to recover its reasonable attorneys' fees and costs from the non-prevailing party, notwithstanding any general legal principles or local policies to the contrary.


  1. GOVERNING LAW. This Agreement shall be governed by and construed without regard to any perceived or actual conflict of laws, and shall be adjudicated in accordance with the laws of Canada. To the extent that copyright or intellectual property claims relate to the controversy, you agree to adhere to the laws of Canada, which government adheres to the following international treaties: 1) The Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, or any one of its revisions, including the Paris Act of 1971 (known as the "Berne Convention"); 2) The Universal Copyright Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that Convention as revised in Paris, France on July 24, 1971; and 3) the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights; all three treaties listed above are designed to protect the intellectual property rights of original creators' of works as defined in those treaties.


  1. SEVERABILITY. These Terms and Conditions were drafted in good faith with every intention of supporting notions of fairness and respect for public policy. No provision herein was written with the intent to defraud, misrepresent or to mislead. If any term, provision, covenant or condition of this Agreement, or the application thereof, to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.


  1. LICENSES. You grant SCM, Inc., the right to use the information that you provide us, solely to carry out our responsibilities to you, as user of our platform, and by so granting us that right, you agree that we are not violating any rights you might have in that Content.


  1. DISCLAIMER OF ENDORSEMENT. Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, and supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by SCM, Inc., or its employees. They are for convenience only.


  1. NO WAIVERS. SCM, Inc., does not waive any of its rights to enforce any provision of this Agreement at any time. This is the case even if there is a lapse in time between our initial notice of any failure to perform and our ultimate decision to take action to strictly enforce the Agreement.


  1. HEADINGS. The headings, recitals and captions of this Agreement are provided for convenience only, and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. We stress again, that, by accessing this site, you are conclusively presumed to have read and understood all its terms, unless SCM, Inc., receives a written request [write to: SCM, Inc., 5 Mariner Terrace, Suite 205, Toronto, ON, Canada, M5V 3V6 from you seeking clarification of the Agreement's contents. Notwithstanding any other communications between you and SCM, Inc., only the terms herein constitute the entire agreement between you and SCM, Inc.


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