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Terms of Services

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Terms Of Service

Last Updated: May 17, 2017

**PLEASE READ THIS DOCUMENT CAREFULLY. Phando, (“Phando,” “We,” Or “Us”) Offers An Online Video Sharing Platform And Community Through Its Website Located At Phando.Com. By Registering As A Member Or By Using The Phando Service In Any Way, You Accept These Terms Of Service (“Agreement”), Which Forms A Binding Agreement Between You And Phando. If You Do Not Wish To Be Bound By This Agreement, Do Not Use The Phando Service. **

1. Who May Use The Phando Service

AGE REQUIREMENT: You must be at least 13 years old to use the Phando Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Phando Service. Please have him or her read this Agreement with you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Phando Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Phando Service. If your child is using the Phando Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

2. License To Use The Phando Service

LICENSE: Phando grants you a limited, non-exclusive license to access and use the Phando Service for your own personal. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE: You may not use the Phando Service for commercial purposes unless: You are a Phando licensed user, in which case you may use and access the Phando Service for commercial and non-commercial purposes RESTRICTIONS: Except as expressly permitted by Phando in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Phando Service or any source code therein. Nor will you attempt to circumvent any of Phando’s technical measures or take any measures to interfere with or damage the Phando Service. All rights not expressly granted by Phando are reserved.

3. Membership

REGISTRATION: To fully use the Phando Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Phando and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Phando Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

4. Subscriptions And Purchases

Phando License: In addition to offering Basic (free) Phando memberships, we offer Standard and Customised Vimeo Business subscriptions. Please see our subscription pages for current STANDARD, and CUSTOM features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Phando player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with the Phando Business subscription, or additional bandwidth for applications not using the Vimeo player may request a custom account by contacting us here: vimeo.com/help/contact. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

CANCELLATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Phando. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have questions, please contact us. RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Phando reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods. END OF SUBSCRIPTION: When a Phando Business subscription ends, the account automatically becomes a Basic (free) account and Phando may disable access to or delete any content to comply with Basic account limits. If you’re using Phando for commercial purposes, you will need to maintain a Phando Business plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.

5. Term And Termination

TERM: This Agreement begins on the date you first use the Phando Service and continues as long as you have an account with us. ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Phando Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: Phando may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Phando determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Phando’s reputation and goodwill. If Phando deletes your account for the foregoing reasons, you may not re-register for the Phando Service. Phando may block your email address and Internet protocol address to prevent further registration. EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Phando will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Phando shall not be responsible for the loss of such content.

6. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; Exploits minors; Depicts unlawful acts or extreme violence; Depicts animal cruelty or extreme violence towards animals; Promotes fraudulent or dubious business schemes; or Violates any law.

7. Code Of Conduct

In using the Phando Service, you must behave in a civil and respectful manner at all times. Further, you will not: Act in a deceptive manner by, among other things, impersonating any person;

Harass or stalk any other person; Harm or exploit minors; Distribute “spam”; Collect information about others; or Advertise or solicit others to purchase any product or service within the Phando Site (unless you are an official Phando partner or advertiser and have a written agreement with Phando). Phando has the right, but not the obligation, to monitor all conduct on and content submitted to the Phando Service.

8. Your Representations And Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Phando and grant the licenses set forth above; (ii) Phando will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

9. Indemnification

You will indemnify, defend, and hold harmless Phando and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Phando Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Phando violates any law or infringes any third party right, including any intellectual property or privacy right.

10. Third Party Copyrights And Other Rights

Phando respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice, which is incorporated into this Agreement.

11. Disclaimers

Phando reserves the right to modify the Phando Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Phando Service. Phando has no obligation to screen or monitor any content and does not guarantee that any content available on the Phando Service complies with this Agreement or is suitable for all users. Phando provides the Phando Service on an “as is” and “as available” basis. You therefore use the Phando Service at your own risk. Phando expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Phando makes no representations or warranties:

That the Phando Service will be permitted in your jurisdiction; That the Phando Service will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party’s use of content that you submit; That any content you submit will be made available on the Phando Service or will be stored by Phando; That the Phando Service will meet your business or professional needs; That Phando will continue to support any particular feature of the Phando Service; or Concerning sites and resources outside of the Phando Service, even if linked to from the Phando Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Phando Service, and no warranties shall apply after such period.

12. Limitation Of Liability

To the fullest extent permitted by law: (i) Phando shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Phando’s total liability to you shall not exceed the amounts paid by you to Phando over the twelve (12) months preceding your claim(s).

13. General Provisions

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Phando in exercising any right hereunder will waive any further exercise of that right. Phando’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Phando’s prior written consent. No third party shall have any rights hereunder.

NOTICES:

You consent to receive all communications including notices, agreements, disclosures, or other information from Phando electronically. Phando may provide all such communications by email or by posting them on the Phando Service. For support-related inquiries, you may contact us. Nothing herein shall limit Phando’s right to object to subpoenas, claims, or other demands.