Welcome to PutView!
Introduction
Thank you for using the PutView platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.
Your Service Provider
The entity providing the Service is HEFamily.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as articles, comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, PutView or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. PutView is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement and your local law, you can report it to us.
Here are some common-sense rules that'll help you steer clear of trouble. Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around the guidelines—just understand them and try to respect the spirit in which they were created.
- Nudity or sexual content. Putview is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on PutView. Also, be advised that we work closely with law enforcement and we report child exploitation.
- Harmful or dangerous content. Don't post videos that encourage others to do things that might cause them to get badly hurt, especially kids. Videos showing such harmful or dangerous acts may be age-restricted or removed depending on their severity.
- Hateful content. Our products are platforms for free expression. But we don't support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, caste, sexual orientation or gender identity, or content that incites hatred on the basis of these core characteristics.
- Violent or graphic content. It's not okay to post violent or gory content that's primarily intended to be shocking, sensational or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand what's going on in the video. Don't encourage others to commit specific acts of violence.
- Harassment and cyberbullying. It’s not OK to post abusive videos and comments on PutView. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.
- Spam, misleading metadata and scams. Everyone hates spam. Don't create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.
- Threats. Things like predatory behaviour, stalking, threats, harassment, intimidation, invading privacy, revealing other people's personal information and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from PutView.
- Copyright. Respect copyright. Only upload videos that you made or that you're authorised to use. This means don't upload videos that you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs or videos made by other users, without necessary authorisations.
- Privacy. If someone has posted your personal information or uploaded a video of you without your consent, you can request removal of content.
- Impersonation. Accounts that are established to impersonate another channel or individual may be removed.
- Child safety. be advised that we work closely with law enforcement and we report child endangerment.
- Additional policies. Any other additional policies may be added in the future.
PutView Accounts and Channels
You can use parts of the Service, such as browsing and searching for Content, without having a PutView account. However, you do need a PutView account to use some features. With this account, you may be able to like videos, subscribe to channels, create your own PutView channel, and more.
Creating a PutView channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). Here is a link to register a PutView Account.
To protect your PutView account, keep your password confidential. You should not reuse your PutView account password on third-party applications.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from PutView and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with PutView’s robots.txt file; or (b) with PutView’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or PutView.
Changes to the Service
PutView is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
Uploading Content
If you have a PutView channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to PutView and other users of the Service, as described below.
License to PutView
By providing Content to the Service, you grant to PutView a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and PutView’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that PutView may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By PutView
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to PutView, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for PutView or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, PutView or our Affiliates.
Copyright Protection
If you believe your copyright has been infringed on the Service, please send us a notice.
Account Suspension & Termination
Terminations by You
Write an email to notify us if you want to delete your account.
Terminations and Suspensions by PutView for Cause
PutView may suspend or terminate your access, your PutView account if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, PutView or our Affiliates.
Terminations by PutView for Service Changes
PutView may terminate your access, or your PutView account’s access to all or part of the Service if PutView believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by PutView unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for PutView or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, PutView or our Affiliates. Where PutView is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Account Suspension or Termination
If your PutView account is terminated, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your PutView account has been terminated in error, you can inform us via email.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND PutView DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, PutView, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR PutView, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PutView AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT PutView HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO PutView, OF THE CLAIM AND (B) USD $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PutView, its Affiliates, 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 Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by PutView. PutView has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. PutView will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them except that, where legally permitted, modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and PutView consent to personal jurisdiction in those courts.