Privacy Policy

PURPOSE

This document sets out Video Beaker’s commitment to your privacy and to the protection of personal data (the "Data") collected and processed in connection with your use of the Website, under the terms and conditions set out in the General Terms of Use.

DATA COLLECTED

We collect and subsequently process (i) the Data that you voluntarily provide on the registration form on the Website including your user ID, a valid email address, and your date of birth and (ii) your IP address (the address of your computer) by an automatic collecting process.

Please note that whether or not you are a registered user, the Website may implement or allow third-party companies to implement automatic tracking processes (cookie or web beacon), which you may block by changing your browser settings. The Data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected through these automatic tracking processes are anonymous and are used in order to improve the Website’s quality (as for examples the improvement of your search results and of the advertising selection provided to you).

PURPOSE OF PROCESSING

Data indicated on the Website as mandatory is required in order to use the Website’s features (video uploads, comments, etc). Data automatically collected by the Website allows us to compile statistics on web page visits. Because Video Beaker is a French company, the Data is collected and maintained in France. For your information, this processing has been reported to the relevant local authority (Commission Nationale de l’Informatique et des Libertés).

DATA RECIPIENTS

With exception for your non-personally identifiable information as stated in section 2, your Data is not transmitted to third parties. However, Video Beaker may release Data if the law requires it to do so or in the good-faith belief that such action is necessary to comply with state and applicable laws or respond to a court order, subpoena, or search warrant or to protect Video Beaker’s rights and interests. It is Video Beaker’s policy, whenever possible and legally permissible, to promptly notify you upon receipt of a subpoena, and not produce your Data until approximately two weeks after receipt of the subpoena, so that you will have adequate opportunity to move to quash the subpoena in court.

DATA SECURITY

Video Beaker attaches great importance to the security of your Data, and takes all appropriate steps to limit the risk that it may be lost, damaged or misused.

DATA RETENTION

Data is stored on the premises of the Website host and is kept only as long as necessary for the purposes set out above. After that point, data is kept only for statistical purposes and shall not be used for any other reason.

YOUTH RESTRICTIONS AND PARENTAL CONTROL

Children under the age of 13 are not permitted to register with Video Beaker. It is Video Beaker's policy not to collect any information from anyone under the age of 13. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Video Beaker website at any time or in any manner.

If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Video Beaker, please send an e-mail to info@videobeaker.com for instructions on how to cancel your child's registration. In the e-mail, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. Video Beaker will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.

YOUR RIGHTS

You are entitled to access and correct your Data by requesting to do so via the Personal Info section of your profile or by sending a letter to the following address: info@videobeaker.com.

Terms of Use

Your use of the Video Beaker Service implies your acceptance of these Terms of Use. We ask that you read them carefully. If you have any questions, please do not hesitate to contact us.

SECTION 1: DESCRIPTION OF THE VIDEO BEAKER SERVICE

1.1. Video Beaker is an original, free video hosting website that enables users to access, view, upload, store and share videos. The Video Beaker Service is made up of the Video Beaker website, the Video Beaker video player that is embeddable onto any website, the Video Beaker apps and web-apps as accessible via any current or future device capable of distributing the Video Beaker website and/or the video player, and more generally any Video Beaker products, content, channels, software, data feeds, services and functionality (“Video Beaker Service”).

1.2. By accessing and/or using the Video Beaker Service, without being logged into Video Beaker Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, view or share videos available on the Video Beaker Service, but will not be able to benefit from all the other features available on the Video Beaker Service. A “Video Beaker Account” means the video content storage space on the Video Beaker Service which is dedicated to a Viewer or a User Video Beaker Service that can be created by signing up for a Video Beaker Account via www.Videobeaker.com.

1.3. If You want to be able to upload videos and access some other features of the Video Beaker Service, You will need to first create a Video Beaker Account and have your email address validated. You will then be a “User”, being though agreed that after having created Your Video Beaker Account and until You have validated Your email address according to the process defined below, You will be a “Viewer” and will not be able to upload videos or access the other features of the Video Beaker Service.

1.4. Information provided by You to create Your Video Beaker Account must be accurate and complete. In order for Video Beaker to verify that the email address You provided is valid, You will receive an email from Video Beaker asking You to validate Your email address.

1.5. By creating a Video Beaker Account, You agree that You alone will be responsible (to Video Beaker and to others) for all activity that occurs under Your Video Beaker Account. The user id and password which are necessary to access the Video Beaker Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.

1.6. As a User, You will also have the ability to access some more additional features from the Video Beaker Service, and if and when you have accepted the terms of the Video Beaker Partner Program, you will then be a “Partner” and will have the opportunity to monetize Your Content uploaded on Your Video Beaker Account.

1.7. If You are a User, You may notably upload video files (that must be compliant with these Terms) on the Video Beaker Service, and have a nickname and an avatar that will be associated with Your Video Beaker Account. Any and all elements posted by You on the Video Beaker Service are deemed to be “Your Content.” If you are not a Partner, Your Content may be automatically set to “private mode” so that Your Content will only be available on the Video Beaker website to individuals who have the URL link for Your Content, however You or any third party will still have the ability to embed Your Content on any website through Video Beaker video player.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Whether You are a Visitor, a Viewer, a User or a Partner, either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Video Beaker, including but not limited to the Video Beaker privacy and cookie policies, as accessible at any time from the homepage of the Video Beaker website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Video Beaker Service if You do not accept any of the Terms. You understand and agree that Video Beaker will treat Your use of the Video Beaker Service as acceptance of the Terms from that point onwards.

2.2. The Terms form a legally binding agreement between You and Video Beaker in relation to Your use of the Video Beaker Service.

2.3. Video Beaker may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Video Beaker website. If You do not agree to the modified Terms, Your only recourse is to stop using the Video Beaker Service. Your continued use of the Video Beaker Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.

2.4. You shall not use the Video Beaker Service if (a) You are not of legal age to form a binding contract with Video Beaker, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Video Beaker Service under the laws of the country in which You are resident or from which You access or use the Video Beaker Service.

2.5. If You are not an individual, You represent to Video Beaker that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the Video Beaker Service.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

3.1. For the entire period during which Your Content is hosted on the Video Beaker Service, You grant to Video Beaker, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Video Beaker Service.

3.2. By making Your Content accessible on the Video Beaker Service, You agree to allow any Visitors of the Video Beaker Service , to view and to share Your Content through the Video Beaker video player on or through any declination of the Video Beaker Service, as accessible (online or offline) via any current or future device capable of distributing the Video Beaker Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.

3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Video Beaker shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.

SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Video Beaker Service, which right is conditioned on Your compliance with the Terms.

4.2. The content (other than Your Content and other users' content) included on or accessible through the Video Beaker Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Video Beaker Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Video Beaker Content”), is the exclusive property of Video Beaker and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

4.3. Video Beaker Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Video Beaker or Video Beaker's licensors. You agree to not use or exploit the Video Beaker Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Video Beaker Content.

4.4. All rights not expressly granted in the Terms are reserved to Video Beaker and its licensors.

SECTION 5: OUR LIABILITY AS HOST

5.1. In its capacity as a web hosting service provider, Video Beaker is under no legal obligation to monitor content uploaded on the Video Beaker Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Video Beaker Service to any infringing content once having been notified of its existence.

5.2. You agree that Your use of the Video Beaker Service shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Video Beaker Service and more specifically for Your Content, and (ii) the protection of its computer hardware against any virus or interruption.

5.3. You acknowledge and agree that the Video Beaker Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the Video Beaker video player), on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that Video Beaker may enhance, modify and update the Video Beaker Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Video Beaker Service.

5.4. Video Beaker, its affiliated companies, officers, directors, employees, agents, vendors and suppliers (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Video Beaker Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Video Beaker Service. The DM Parties make no warranty or representation that the Video Beaker Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your content and/or any limitations on Your or any other Visitors ability to access, view or use Your Content or any other content, or that any information obtained from the Video Beaker Service will be accurate or reliable.

5.5. Video Beaker shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Video Beaker Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Video Beaker does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.

5.6. Nothing herein shall exclude or limit Video Beaker's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Video Beaker shall not be liable for: (a) any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Video Beaker Service; (ii) any changes which Video Beaker may make to the Video Beaker Service, or for any permanent or temporary cessation in the provision of the Video Beaker Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Video Beaker Service; (iv) Your failure to provide Video Beaker with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.

5.7. The limitations on Video Beaker's liability defined in this section shall apply whether or not Video Beaker has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement.

SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE VIDEO BEAKER SERVICE AND ITS RELATED TECHNOLOGIES

6.1. In view of the user-driven nature of the Video Beaker Service, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the Video Beaker Service. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the Video Beaker Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iv) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.

6.2. By uploading or disseminating images, data, and/or text to or through the Video Beaker Service, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Video Beaker Service.

6.3. Video Beaker reserves the right to decide in its sole discretion whether Your Content, Your Video Beaker Account and/or Your use of the Video Beaker Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your Video Beaker Account being deactivated and/or (iii) any elements or data related to Your Content or to Your Video Beaker Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Video Beaker Service, without prior notice. In addition, Video Beaker reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.

6.4. Because the Video Beaker Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Video Beaker Service and then associated to your Video Beaker Account and/or Your Content.

6.5. Moreover, You shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.

6.6. You also warrant that any website or applications on which You export Your Content and/or other users’ content through the embeddable Video Beaker video player does not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. You also shall not modify, build upon or block any portion or functionality of the Video Beaker video player including but not limited to links back to the Video Beaker website. By embedding Your Content and/or other user’s content through the embeddable Video Beaker video player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.

6.7. You agree not to alter or modify any part of the Video Beaker Service (including but not limited to the Video Beaker video player and its related technologies).You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Video Beaker Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Video Beaker Service or the content accessible via the Video Beaker Service. You agree not to collect or harvest any personal data of any Visitor, Viewer, User or Partner of the Video Beaker Service and to not use the Video Beaker Service) for the solicitation of business in the course of trade or in connection with a commercial enterprise.

6.8. You agree not to use the Video Beaker Service and any of its related technologies (including without restriction the Video Beaker video player, the website, the app and the webapp) for any commercial use unless You obtain Video Beaker's prior written approval, in particular any of the following uses: (i) the sale of access to the Video Beaker Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Video Beaker Service or content or Video Beaker video player.

6.9. You agree not to access content hosted on the Video Beaker Service for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Video Beaker Service, and solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the Video Beaker Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Video Beaker user’s content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. You agree and shall indemnify and hold Video Beaker- harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms or any other policy of Video Beaker; (iii) Your use of the Video Beaker Service; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.

SECTION 7: REPORTING PROHIBITED CONTENT

7.1. Video Beaker has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the Video Beaker Service. Such processes to notify Video Beaker of prohibited content are described in detail at the following URL: http://www.Video Beaker.com/legal/prohibited.

7.2. If You notice infringing or illegal content and/or activity on the Video Beaker Service, You can report it to us at any time by contacting us via the form available from the homepage of the Video Beaker website.

SECTION 8: DATA

8.1. The records of Video Beaker are stored on our systems in accordance with standard safety practices and applicable laws. The Video Beaker records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Video Beaker Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.

8.2. The Video Beaker Service may contain links to websites operated by other entities (a "Linked Site"). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.Video Beaker has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Video Beaker.

8.3. If you want to find out more about how we collect data and the related processes, you can check our Privacy Policy available at any time on the Video Beaker website.

SECTION 9: MISCELLANEOUS

9.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Video Beaker Service or any of its features, whether or not if you are a Visitor, a Viewer, a User or a Partner. For the sake of clarity, watching videos from the Video Beaker Service, exporting the Video Beaker video player, and/or maintaining a Video Beaker Account are all deemed to be uses of the Video Beaker Service.

9.2. Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.

9.3. You agree that any dispute between You and Video Beaker arising out of or relating in any way to these Terms or Your use of the Video Beaker Service shall be interpreted in accordance with the laws of France, without reference to its conflicts of laws, and notwithstanding multiple defendants or third party claims. You also agree that any claim or dispute between You and Video Beaker shall be decided by a court of competent jurisdiction located in Paris.

9.4. These Terms of Use constitute the entire agreement between Video Beaker and You with respect to the Video Beaker Service and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Video Beaker with respect to the Video Beaker Service.

9.5. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

9.6. You agree that Video Beaker may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Video Beaker Service.

9.7. If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of these Terms will remain in force.

9.8. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Safety

Video Beaker has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:

  • child pornography;
  • dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
  • unlawful, obscene, defamatory or libelous material; or
  • any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).

To this end, a special form is available upon clicking this video may link, which is situated beneath each Player. You may also send a detailed letter to our Prohibited Content department at Video Beaker : info@vidoebeaker.com, specifying the date, your name, the URL address of the content in question, a description of the content in question, and the username of the person who uploaded it. You may also send an email to info@vidoebeaker.com. Upon receipt by Video Beaker of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally appropriate authorities may be notified.