Before getting into all the legal jargon, it is important that you first read and understand these important rules and regulations that you agree to as a user of Furvid.com. Failure to adhere to them may result in suspension or termination of your user privileges.
1) Furvid .com is NOT a PORN site. No medium uploaded to FURVID.com may be rated higher than a PG-13 rating. This means that “light” adult content such as “clean” nudity or “implied” sexual situations are permitted, however outright sexual content is not allowed. You are free to express all the varied “fetishes” of the furry community, however, you must keep it “mild” and “tame”. 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 Furvid Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Furvid Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
2) Furvid.com is solely dedicated to the furry fandom only. Furry fandom (also known as furrydom, furridom, fur fandom or furdom) refers to fictional anthropomorphic animal characters with human personalities and characteristics. Examples of anthropomorphic attributes include exhibiting human intelligence and facial expressions, the ability to speak, walk on two legs, and wear clothes. Furry fandom is also used to refer to the community of artists, writers, role players and general fans of the furry art forms who gather on the Internet and at conventions. KEEP FURVID.COM FURRY!The moderators of FURVID.com reserve the right to delete or remove any material, at their sole discression, that they determine does not meet the "furry" criteria of Furvid.com.
3) You agree that any material you upload to Furvid.com is either your own work, work that you have commissioned, or work that you have permission to showcase in a public place. The ONLY exception to this rule are videos that you stream directly from Furvid using our "Furvid grabber tool". ANy reports of copyright violations will be investigated by the Furvid moderators and may result in the suspension or termination of your account.
4) By uploading any material to Furvid.com you agree that you are giving permission to other users of Furvid.com to download the material to their own computer for their own private enjoyment.
5) If you download any material from Furvid.com you are agreeing that the material will remain on your own computer for your own private use and you will not use, transmit, or distribute the material in ANY way without first obtaining permission from the owner.
Types of Media and Regulations
Furvid.com is unique in that it allows for the sharing of three types of media. They are videos, MP3 music files, and Picture files. As a user of Furvid.com you must agree to the following rules regarding uploading and sharing files:
1) Videos - ALL videos must be your own work, work you have commissioned or have permission to distribute, or streamed directly from Furvid. No exceptions.
2) MP3's and Music Files - Furvid.com is NOT a place for sharing illegally obtained, copyrighted material. You may only share ORIGINAL music that you have composed yourself, commissioned from other musicians, or have obtained propper permission to distribute. Any music files found to NOT meet this criteria will be deleted and your account may be suspended or terminated.
3) Pictures and Artwork - All art or photos uploaded must be your own work, work you have commissioned or that you have permission to distribute.
Plain and simple. With the exception of streaming from Furvid, if it is NOT your original work, or a commission YOU have rights to, or you have NOT obtained permission from the owner, do NOT upload it.
Legalities and Disclaimers
1. Furvid Website
1. These Terms of Service apply to all users of the Furvid Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Furvid Website includes all aspects of Furvid, including but not limited to all products, software and services offered via the website such as the Furvid channels, the Furvid "Embeddable Player," the Furvid "Uploader" and other applications.
2. The Furvid Website may contain links to third party websites that are not owned or controlled by Furvid. Furvid has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Furvid will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Furvid from any and all liability arising from your use of any third-party website.
2. Furvid Accounts
1. In order to access some features of the Website, you will have to create a Furvid 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 Furvid immediately of any breach of security or unauthorized use of your account.
2. Although Furvid will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Furvid or others due to such unauthorized use.
3. General Use of the Website—Permissions and Restrictions
Furvid hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Website, including
but not limited to User Submissions (defined below), without Furvid's prior
2. You agree not to alter or modify any part of the Website, including but not limited to Furvid's Embeddable Player or any of its related technologies.
3. You agree not to access User Submissions (defined below) or Furvid Content through any technology or means other than the video playback pages of the Website itself, the Furvid Embeddable Player, or other explicitly authorized means Furvid may designate.
4. You agree not to use the Website, including the Furvid Embeddable Player for any commercial use, without the prior written authorization of Furvid. Prohibited commercial uses include any of the following actions taken without Furvid's express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Furvid website or any third-party website, targeted to the content of specific User Submissions or Furvid content;
* and any use of the Website or its related services (such as the Embeddable player) that Furvid finds, in its sole discretion, to use Furvid's resources or User Submissions with the effect of competing with or displacing the market for Furvid, Furvid content, or its User Submissions.
5. Prohibited commercial uses do not include:
* uploading an original video to Furvid, or maintaining an original channel on Furvid, to promote your business or artistic enterprise;
* using the Embeddable Player to show Furvid videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Furvid;
* any use that Furvid expressly authorizes in writing.
6. If you use the Furvid Embeddable Player on your website, you must include a prominent link back to the Furvid website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
7. If you use the Furvid Uploader, you agree that it may automatically download and install updates from time to time from Furvid. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Furvid to deliver these to you) as part of your use of the Uploader.
8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Furvid 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, Furvid 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. Furvid 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 Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
9. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Furvid Community Guidelines, and all applicable local, national, and international laws and regulations.
10. Furvid reserves the right to discontinue any aspect of the Furvid Website at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Furvid Website.
1. The content on the Furvid Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed to Furvid, subject to copyright and other intellectual
property rights under the law. Content on the Website is provided to you AS
IS for your information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. Furvid reserves all rights not expressly granted
in and to the Website and the Content.
2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Furvid Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Furvid on the Furvid Website for that User Submission.
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Furvid Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Furvid Website or otherwise as prohibited under this Agreement.
4. You may access Furvid Content, User Submissions and other content only as permitted under this Agreement. Furvid reserves all rights not expressly granted in and to the Furvid Content and the Furvid Website.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Furvid Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Furvid Website or the Content therein.
7. You understand that when using the Furvid Website, you will be exposed to User Submissions from a variety of sources, and that Furvid 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 Furvid with respect thereto, and agree to indemnify and hold Furvid, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Your User Submissions and Conduct
1. As a Furvid account holder you may submit video content ("User Videos")
and textual content ("User Comments"). User Videos and User Comments
are collectively referred to as "User Submissions." You understand
that whether or not such User Submissions are published, Furvid does not guarantee
any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Furvid to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Furvid, you hereby grant Furvid a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Furvid Website and Furvid's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Furvid Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Furvid Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Furvid Website. You understand and agree, however, that Furvid may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with User Submissions, you further agree that you will not 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 Furvid all of the license rights granted herein.
5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Furvid Community Guidelines.
6. Furvid does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Furvid expressly disclaims any and all liability in connection with User Submissions. Furvid does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Furvid will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Furvid reserves the right to remove Content and User Submissions without prior notice.
6. Account Termination Policy
1. Furvid will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
2. Furvid reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Furvid may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FURVID WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FURVID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FURVID 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 FURVID WEBSITE. FURVID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FURVID WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FURVID 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.
8. Limitation of Liability
IN NO EVENT SHALL FURVID, 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) 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FURVID WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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 FURVID 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.
The Website is controlled and offered by Furvid from its facilities in the United States of America. Furvid makes no representations that the Furvid Website is appropriate or available for use in other locations. Those who access or use the Furvid Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Furvid, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Furvid Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Furvid Website.
10. Ability to Accept Terms of Service
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 Furvid Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Furvid Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
You agree that: (i) the Furvid Website shall be deemed solely based in New York; and (ii) the Furvid Website shall be deemed a passive website that does not give rise to personal jurisdiction over Furvid, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Furvid that arises in whole or in part from your use of the Furvid Website shall be decided exclusively by a court of competent jurisdiction located in Queens County, New York. These Terms of Service, together with the Privacy Notice and any other legal notices published by Furvid on the Website, shall constitute the entire agreement between you and Furvid concerning the Furvid Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Furvid's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Furvid reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Furvid Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Furvid AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Furvid WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.