Please read the following terms and conditions (referred to below as the “Terms”) carefully before using this website. In these Terms,
certain capitalised words have particular meanings for ease of reference as follows: “AUP” means our acceptable use policy which can be
found below; “Content” means in relation to you, your videos, pictures and any other material which you upload and save onto the Website
and in relation to us, means any other material on the Website; “Services” means the services and functionality which we make available
to you through the Website; “User Site” means the web page(s) on the Website which we allow you to customise with your Content and to
which you can permit access to named individuals or to the public; “VuYou”, “we”, “us” and “our” shall refer to VuYou Limited; “you” and
“your” shall refer to you as the user of the Website; and “Website” means the entire website at URL http://www.vuyou.com.
If you do not agree to these Terms, you must not use the Website and by using the Website you accept these Terms. We may in our absolute
discretion modify these Terms from time to time and post the new version on the Website following which all use of the Website and the
Services shall be governed by the amended Terms. Please check this page regularly to ensure you are familiar with the current version.
Intellectual Property Rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and any trademarks and material on the
Website. All rights are reserved save as set out below. You may access and view the Website, print pages from the Website, download pages
from the Website for caching purposes, upload videos and images to your personal User Site within the Website, use the Website to send emails
containing your Content to other users. You may include links within your User Site to Content belonging to other Users displayed on their
User Sites. Your use of the Website is for your personal non-commercial use and is subject to the restrictions set out below.
You must not:
- republish any material from the Website (except for your Content which may be replayed on your User Site, and shared with other users by
using our “share” function available on the Website)
- modify the Website or material on the Website (other than your Content)
- remove or alter any copyright, trademark or other proprietary notices on the Website or on any material other than your Content
- disclose to any other person your user ID and password
Use of the Website for any other purpose, including reproduction for purposes other than those noted above, modification, distribution or
republication, without our prior written permission is strictly prohibited.
Registration
You do not need to register to view the Website, however, in order to use some of the functionality on the Website such as the VuYou video email
account, you must register with us by completing the online registration form on the Website. You acknowledge and agree that your application to
register is subject to certain minimum requirements which are set out on the Website. The registration of all applications is subject to any
verification which we deem necessary and we reserve the right to reject an application in our absolute discretion without giving reasons.
You shall ensure that all of the information you provide to us in the course of registration is accurate, complete and not misleading and you
agree to notify us immediately in the event that such information becomes inaccurate for any reason.
Our services
We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of our Services or the Website or any related
content or your access to the same at any time. Any modifications or additions to our Services or the Website shall be subject to these Terms.
Security
If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services and to restrict
access to your Site and your Content, it is your responsibility to ensure that your user ID and password are kept confidential. If you are using a
public computer, you must sign out when you have finished accessing our Website. You must immediately notify us at our email address set out below
if you know or suspect any unauthorised use of your user ID and/or password or other breach of security relating to the Website. In addition to our
right to suspend or terminate access to the Website, we may disable your user ID and password if you breach these Terms or the AUP.
User Content
We may permit you to upload and store your Content on the Website. You agree that it is your sole responsibility to keep regular backup copies of
your Content and further agree that we are not responsible for the loss of your Content. We may impose size limitations in relation to your Content
which we store. We may (but are not obliged to) inform you when you reach the size limit relating to you account and you will need to remove Content
to free up sufficient space for any new Content you wish to store. If you do not use or access your account for a continuous period of 90 days, we
may remove Content. You can re-activate your account after that 90 day period by logging in to your account but your old Content will no longer be
stored by us. By uploading your Content onto the Website and making your Content accessible to other users on your User Site, you grant permission
to all other users to include a link to your Content from their User Sites. You can at any time remove your Content from the Website. It is not our
practice to monitor user Content or use of the Services by users. Accordingly we do not check such Content for accuracy or appropriateness and you
access such Content at your own risk. Where we are notified that Content is in breach of the AUP we will take steps to enforce the terms of the AUP
and/or remove such Content.
External Sites
The Website may contain links to other websites on the Internet that are owned and operated by third parties. Any links to third party websites are
provided solely for your convenience. You acknowledge and agree that we have not reviewed these websites and that we do not endorse such websites by
providing links to them. We are not responsible for these websites or their availability or the content.
Data Protection
You acknowledge that in order for us to provide access to some or all of the Website to you, we must collect certain personal data from you and process
that data. Our collection and use of your personal data is governed by our Privacy Policy located at http://www.VuYou.com/PrivacyPolicy.aspx.
PLEASE READ THE PRIVACY POLICY AS IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE COLLECT AND USE YOUR PERSONAL DATA. You expressly consent to our use of
your personal data for the purposes set out in the Privacy Policy.
Where you use our services to send emails including your Content to other people, you agree that you have their permission to send such emails to them.
Disclaimer and Limitation of Liability
PLEASE NOTE THAT THAT YOUR USE OF THE WEBSITE AND INFORMATION CONTAINED ON THE WEBSITE IS AT YOUR RISK.
We provide the Website and its contents on an ‘as is’ and ‘as available’ basis and while we endeavour to ensure that the information on the Website is
correct, we make no representations or warranties of any kind with respect to the Website, its operation, content, availability, accuracy, completeness
or currency save to the extent such warranties cannot be excluded by applicable law. To the full extent permitted by applicable law, we disclaim all
representations, warranties and conditions (including but not limited to conditions implied by law of satisfactory quality, fitness for a particular
purpose and the use of reasonable care and skill). We do not warrant that the Website, its servers or emails which may be sent through the Website are
free of viruses or other harmful components and you accept responsibility for performing virus checks using up to date anti-virus software. Subject to
the paragraph below, you agree that we, our directors, officers, employees and shareholders shall not be liable for damages arising from the operation,
availability, content or use of the Website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind,
including but not limited to, direct, indirect, compensatory, special, incidental, punitive and consequential loss or damage or any loss of income,
profits, goodwill or data whether arising in tort, contract or otherwise. Without limiting this paragraph, we do not take responsibility for any event
which is outside our reasonable control. Nothing in these Terms shall exclude our liability for fraud or for death or personal injury caused by our
negligence or for any liability which cannot be excluded by applicable law.
Termination
We may terminate or suspend access to all or part of the Website at any time in our absolute discretion without notice to you. If we terminate or
suspend access to the Website for your breach of these Terms or the AUP then from termination you shall have no further access to your Content. If
we terminate or suspend access in other circumstances then we may on request allow you limited access for a short period of time to allow you to
retrieve your Content.
Entire Agreement
These Terms, together with the AUP and the Privacy Policy constitute the whole agreement between you and us in relation to your use of the Website and
Services and supersedes any and all prior agreements between you and us.
Governing Law
These Terms, together with the AUP and the Privacy Policy shall be governed by and construed in accordance with English law. The parties irrevocably
submit to the exclusive jurisdiction of the English courts.
Our Company Details
The controller of the Website is VuYou Limited (company registration number 06008521). Our registered address is 135 High Street, Egham, Surrey TW20 9HL.
Our VAT registration number is 916744702. If you have any questions regarding the Website or these Terms please contact us at
contactinfo@vuyou.com.
VUYOU ACCEPTABLE USE POLICY
IMPORTANT: TO SAFEGUARD THE ENJOYMENT OF OUR SERVICES BY ALL OF OUR USERS, WE REQUIRE OUR USERS TO AGREE TO AND ABIDE BY THE 7 RULES IN THS CODE OF
ACCEPTABLE CONDUCT (WHICH WE REFER TO AS THE “AUP”) AS A CONDITION OF OUR PROVISION OF THE SERVICES. IN THIS AUP WE REQUIRE YOU TO ABIDE BY THE LAW,
ENSURE YOUR USER CONTENT IS LEGAL AND DECENT, RESPECT THE OWNERSHIP AND PRIVACY RIGHTS OF OTHERS AND NOT DO ANYTHING TO HARM OTHER COMPUTER SYSTEMS.
WE ALSO REQUIRE THAT YOU DO NOT ABUSE THE EMAIL FACILITY AND, UNLESS WE EXPRESSLY AGREE OTHERWISE, THAT YOU ONLY USE THE WEBSITE AND SERVICES FOR
YOUR PERSONAL USE. THIS AUP IS IN ADDITION TO OUR TERMS AND CONDITIONS ABOVE.
- Abide by the law. You must not use our services for any purpose that is illegal or unlawful.
- User Content. You must ensure that any information which you transmit using the services, including postings of video messages, emails,
suggestions, ideas or other material (referred to as “User Content”) is legal, honest, decent and truthful. You must not use our services to copy,
transmit, distribute or store User Content which is obscene, pornographic, lewd, threatening, abusive, libelous, hateful, discriminatory or
defamatory or which encourages or amounts to conduct that would constitute harassment or a criminal offence.
- Respect the property of others. You must ensure that the User Content is owned by you and that you have the right to submit the User Content to us
for publication. You must not use our services to copy, transmit, distribute or store User Content where this would infringe our intellectual
property rights or the intellectual property rights of any third party
- Respect the privacy of others. You must not use our services to collect, store, transmit, transfer or publish personal data which relates to other
people (whether or not they are other users of the services) unless you have their consent to do so.
- Do not harm computer systems. You must not use our services to harm or disrupt any computer device or network belonging to us or any third party,
for example, by uploading or distributing content infected by a virus or other malicious code. Furthermore, you must not use our services for the
purpose of obtaining unauthorized access to any computer or service. Where you use the services to send information across other networks on the
Internet, you must abide by acceptable use policies which may apply to the use of such networks.
- Personal use. Unless we expressly agree otherwise, you agree to use our website and our services for your personal non-commercial use only and you
further agree not use the services on behalf of any other person or resupply or distribute the services to any other person. Where we allow you to
personalise one or more page(s) forming part of our website, you must not use these pages for marketing purposes without our consent.
- Emails. You must not use the services to send emails which would typically be categorised as ‘spam’ or ‘junk’ by other users. Such emails would
include chain or pyramid e-mails (whether or not initiated by you), bulk or unsolicited e-mails (especially of a commercial nature), malicious
e-mail, including, but not limited to, ‘mail bombing’, emails with forged headings or anonymous emails and (unless we expressly agree otherwise)
advertising or marketing emails. You must not send e-mails to a person after specifically having been requested not to do so by that person, or by
us (which also applies to any automated service that may have been employed) and you must not use the services to provide anonymous re-mailing
facilities for others.
ENFORCEMENT
It is not our practice to monitor your use of our services, however, we retain the right to monitor use of the services and we may take any action we
deem appropriate in relation to any breach of this AUP including removing and/or preserving postings of User Content (including details user pages),
disclosing the same to law enforcement agencies and suspending or terminating access to the services. To report a breach of this AUP please send an
email to us at helpdesk@vuyou.com. describing the breach.