The following Terms and Conditions of Use (the "Agreement") constitutes an agreement between you and VidLib Ltd ("VidLib"), operator of The VidLib app on iTunes (the "App"). By using the App, you agree to be bound by and accept the terms of this Agreement. VidLib may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon VidLib except as expressly agreed in writing signed by an authorized agent of VidLib. Please read this Agreement carefully. This Agreement limits VidLib's liability and may substantively affect your rights.
1) App Content
The App contains video, motion picture footage, photographs and/or other audio, audio-visual or visual works available for licensed use ("Audio-Visual Content") under the terms of VidLib's Royalty Free License. The Audio-Visual Content is property of VidLib's licensors. Submission of works to VidLib for inclusion in the App's Audio-Visual Content is subject to VidLib's Submission Agreement and Grant of License.
Non-Audio-Visual Content on the App is property of VidLib. VidLib makes its best efforts to ensure the accuracy of non-Audio-Visual Content on the App, but makes no warranties or representations, nor shall be liable for any damages arising from, any inaccuracy of non-Audio-Visual Content on the App.
VidLib operates the App as a venue for the licensing of video, motion picture footage, photographs and/or other audio, audio-visual or visual works and other content. VidLib acts solely as a service provider providing storage of materials on its systems or networks at the direction of VidLib's users.
2) Licensing Videos
By licensing videos with in app purchases you agree to our licensing terms.
3) Downloading free videos
When downloading free preview videos you automatically agree to our preview license agreement and understand that these clips are only for personal use and are not to be publiched anywhere.
Not to take any action that imposes, or may impose in VidLib's sole discretion, an unreasonable or disproportionately large load on 'VidLib s servers or other infrastructure or to interfere or attempt to interfere with the proper operation of the App or any activities conducted on the App.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the App, including but not limited to "framing" App content within another website or application, except that you may use Audio-Visual Content validly licensed by VidLib to You under VidLib's Royalty Free License.
To use the App only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the App.
Not to advertise products or services or solicit any user of the App, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email.
4) Termination of Use
VidLib may at its sole discretion terminate or limit your use of the App user account for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in VidLib's sole opinion adversely impacts the operation of the App. VidLib may so terminate or limit your use of the App without prior notice to you. If such termination or limitation is for reasonable cause, VidLib will not be obligated to refund any fees paid by you.
VidLib does not distribute, sell or rent your personal information to third parties, except as required by law, and uses such information only for the purpose of providing you with services you request. VidLib will make its best efforts to maintain all user information securely. You agree to release and hold harmless VidLib for any damages arising out of any failure of such efforts.
6) Intellectual Property
"VidLib TM" and www.licensevideoclips.com www.vidlib.com are trading names for Video Clips Ltd. Non-Audio-Visual Content on the App and App layout are copyright VidLib. The visual appearance of the App is protected trade dress of VidLib under 15 U.S.C. § 1125 et seq. Copyrights in Audio-Visual Content are held by VidLib's licensors.
7) Rights Of Third Party Intellectual Property Owners
VidLib respects the intellectual property rights of others and operates the App in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of trademark or copyright ("Rights Owners"), who believe any Audio-Visual Content infringes their intellectual property rights may submit Notifications of Claimed Infringement pursuant to 17 U.S.C. § 512(c) to VidLib's Designated Agent:
Video Clips Ltd
1 Canada Square
London E14 5AA
VidLib may provide services in connection with the App, including but not limited to email notifications, image and content downloading and information publication. VidLib will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless VidLib for any damages arising out of your use of the App, including but not limited to the unavailability, failure or improper operation of services provided in connection with the App.
You may incur fees for using certain services ("Fee-Based Services") provided by VidLib. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay VidLib all fees charged by VidLib for Fee-Based Services you elect to access.
VidLib HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE APP.
10) Dispute Resolution
Any dispute arising out of use of the App or this Agreement shall be governed by the laws of England & Wales without regard to its conflict of laws provisions. Nothing in this Agreement shall limit the rights of VidLib to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.