1 Your Acceptance
A. BiBiKit is owned by Statped (NO) and the BiBiKit Consortium.
B. By using or visiting the BiBiKit service or any BiBiKit products, software, data feeds, and services provided to you on, from, or through the BiBiKit website (collectively the "Service") you signify your agreement to these terms. If you do not agree to any of these terms, please do not use the Service.
C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on the www.bibikit.net website. BiBiKit may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of BiBiKit, including but not limited to all products, software and services offered via the BiBiKit website.
B. The Service may contain links to third party websites that are not owned or controlled by BiBiKit. BiBiKit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BiBiKit will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve BiBiKit from any and all liability arising from your use of any third-party website.
3. BiBiKit Accounts
A. In order to access some features of the Service, you will have to create a BiBiKit account. You may never use another's account without 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 BiBiKit immediately of any breach of security or unauthorized use of your account.
B. Although BiBiKit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BiBiKit or others due to such unauthorized use.
4. General Use of the Service —Permissions and Restrictions
BiBiKit hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without BiBiKit's prior written authorization, unless BiBiKit makes available the means for such distribution through functionality offered by the Service.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means BiBiKit may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain BiBiKit's prior written approval:
§ the sale of access to the Service;
§ the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
§ the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from BiBiKit appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
§ uploading an original video to BiBiKit to promote your business or artistic enterprise;
§ any use that BiBiKit expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the BiBiKit 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. Notwithstanding the foregoing, BiBiKit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BiBiKit 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, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
G. In your use of the Service, you will comply with all applicable laws.
H. BiBiKit reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to BiBiKit, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by BiBiKit on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of BiBiKit or the respective licensors of the Content. BiBiKit and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that BiBiKit is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 BiBiKit with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BiBiKit, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
A. As a BiBiKit account holder you may submit Content to the Service, including videos and user comments. You understand that BiBiKit does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to BiBiKit all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BiBiKit all of the license rights granted herein.
D. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
E. BiBiKit does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and BiBiKit expressly disclaims any and all liability in connection with Content. BiBiKit does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and BiBiKit will remove all Content if properly notified that such Content infringes on another's intellectual property rights. BiBiKit reserves the right to remove Content without prior notice.
7. Account Termination Policy
A. BiBiKit will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
B. BiBiKit reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. BiBiKit may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
§ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
§ 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;
§ 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;
§ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
§ A statement that you have 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; and
§ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
§ Your physical or electronic signature;
§ Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
§ A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
§ Your name, address, telephone number, e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, BiBiKit may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BiBiKit's sole discretion.
9. Warranty Disclaimer
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, BiBiKit, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. BiBiKit makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
(iii) any unauthorized access to or use of our secure 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 services,
(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services 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 posted, emailed, transmitted, or otherwise made available via the services.
BiBiKit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and BiBiKit 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. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.