Privacy and Terms

Terms & Conditions

  1. Your Acceptance
    BY USING OR VISITING THIS WEB SITE (together with all Content available through the Metacafe.com domain name and other sites owned, operated or controlled by Collective Digital Studio, LLC (“CDS”) (the “Web Site”), OR SUBMITTING CONTENT TO THIS WEB SITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the “Terms & Conditions”), AND (2) CDS’s PRIVACY POLICY at Privacy Policy These Terms & Conditions apply to all users of the Web Site. If you do not agree to these Terms & Conditions, the Privacy Policy, or the Terms & Conditions for the Producer Program, then please do not use the Web Site.
  2. Links
    The Web Site may contain links to third party Web Sites that are not owned or controlled by CDS. CDS is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web Sites. In addition, CDS will not and cannot censor or edit the content of any third-party site. By using the Web Site, you expressly release CDS from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Web Site and to read the terms and conditions and privacy policy of each other Web Site that you visit.
  3. Web Site Access
    1. CDS hereby grants you permission to use the Web Site, provided that: (i) your use of the Web Site is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Web Site without CDS’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Web Site; and (vi) you comply with these Terms & Conditions.
    2. In order to access some features of the Web Site, you will have to create an account. You may never use another individual or entity’s account without that individual or entity’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CDS immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of CDS or others due to such unauthorized use. CDS will not be liable for your losses caused by any unauthorized use of your account.
    3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Web Site in a manner that sends more request messages to the CDS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. CDS grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CDS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to their User Submissions (as defined below).
    4. CDS has the right to terminate your access to the Web Site, in its sole discretion, immediately and with or without cause.
  4. Intellectual Property Rights
    The content on the Web Site, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CDS. Content on the Web Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without CDS’s prior written consent. CDS reserves all rights not expressly granted in and to the Web Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Site.
  5. User Submissions
    1. The Web Site facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, CDS does not guarantee any confidentiality with respect to any User Submissions. CDS has complete discretion over whether to display your User Submission on the Web Site.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize CDS to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Web Site and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Web Site and these Terms & Conditions.
    3. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CDS, you hereby grant CDS, in addition to any other rights which it has pursuant to any other program established by CDS, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Web Site and CDS’s (and its successor’s) business, including without limitation to grant access to the Web Site to third parties to view the User Submission (and derivative works thereof). You may notify CDS to remove the User Submission from the Web Site, and CDS will do so within a reasonable time period, at which point the foregoing license to CDS will terminate other than with respect to usages by CDS prior to such removal.
    4. You also hereby grant each user of the Web Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
    5. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant CDS all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CDS or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. CDS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CDS expressly disclaims any and all liability in connection with User Submissions.
    6. You understand that when using the Web Site, you will be exposed to User Submissions from a variety of sources, and that CDS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against CDS with respect thereto, and agree to indemnify and hold CDS, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Web Site. You acknowledge that access to certain Content which may be available through the Web Site and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
  6. Copyright and Content Policy
    CDS respects the intellectual property rights of others, and requests you to do the same. CDS does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site or related services, and CDS will remove all Content if properly notified that such Content infringes another’s intellectual property rights. CDS reserves the right to remove Content without prior notice. CDS will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. CDS may remove such Content and/or terminate a User’s account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide CDS’s Copyright Agent the following information:
    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
    (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringedCDS’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
    By mail: Copyright Agent
    Collective Digital Studio, LLC
    625 2nd Street
    2nd floor
    San Francisco, CA 94107
    By fax: 1 866 5985090
    By email: CR-agent@metacafe.com

    Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  7. Producer Rewards
    CDS is no longer accepting videos into the Producer Reward program and is terminating the Producer Rewards program with respect to previously accepted videos on June 30, 2009.
  8. ESPN Content
    The Web Site includes content that is provided to CDS by ESPN. ESPN and their affiliated companies’ content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN or any other affiliated company) (“ESPN Content”) shall not be edited, transmitted, distributed, reproduced or modified in any part or copied onto any media, and may be used solely for the End-User’s personal, noncommercial home use only. End-User agrees that ESPN, The Walt Disney Company, and their subsidiary and affiliated companies and each of their respective officers, directors, employees, agents and assigns will not be held liable for any delays, inaccuracies, errors, or omissions in the ESPN Content or in the transmission or delivery of all or any part of the ESPN Content, or for any damages arising from any of the foregoing.
  9. Warranty Disclaimer
    YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. CDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEB SITE. CDS DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR FEATURED IN ANY ADVERTISING, AND METACAFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  10. Limitation of Liability
    IN NO EVENT SHALL CDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METACAFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    YOU SPECIFICALLY ACKNOWLEDGE THAT METACAFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  11. Indemnity
    You agree to defend, indemnify and hold harmless CDS, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Web Site; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Web Site.
  12. Ability to Accept Terms & Conditions
    You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Web Site-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
  13. Assignment
    These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CDS without restriction and without notice to any party.
  14. General
    You agree that: (i) the Web Site shall be deemed solely based in California; and (ii) the Web Site shall be deemed a passive Web Site that does not give rise to personal jurisdiction over CDS, either specific or general, in jurisdictions other than the State of California. These Terms & Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CDS that arises in whole or in part from the Web Site or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Los Angeles County, California. These Terms & Conditions, together with the Privacy Policy at Privacy Policy and Any other legal notices published by CDS on the Web Site, shall constitute the entire agreement between you and CDS concerning the Web Site. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CDS reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Web Site following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND CDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE METACAFE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: October 3, 2012.

Privacy Policy

The use of the Metacafe Web Site(s) and/or Metacafe software and any Metacafe services and products (collectively, the “Web Site”) provided by Collective Digital Studio, LLC. (“CDS”) are subject to the provisions of this Privacy Policy, including any amendments or updates hereto. This Privacy Policy is incorporated into and is subject to the CDS Terms & Conditions. If you do not agree to this Privacy Policy, please do not use the Web Site.

General

CDS takes your privacy seriously. We gather certain types of information about our users and we want to help you understand the terms related to the collection and use of the information we collect. This Privacy Policy discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information. BY USING, ACCESSING OR DOWNLOADING THE WEB SITE), YOU AGREE TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION (AS HEREUNDER DESCRIBED), ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET HEREUNDER. CDS reserves the right to amend this Privacy Policy at any time and without notice, and it is your responsibility to review this Privacy Policy for any changes. Your use of the Web Site following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms. If you are under the age of 13, you are not eligible to use the Web Site, and we ask you not to submit any personal information to us. Please note that any video, image, or other content posted at the direction of users onto the Web Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy. Collection of Information Personal Information. Use of certain features of the Web Site may require submission of certain personal information, including your first and last name, email address, a nickname (or other user ID) and a password.

Non personally identifiable Information

CDS may also collect or receive additional non-personally identifiable usage information specifically related to the use of a particular feature or offering on the Web Site, and responses to the offerings and advertisements presented on the Web Site.

CDS may also collect or receive (in some cases as part of the internet communication protocol) certain non-personally identifiable technical information, when the Web Site and pages are visited or when a CDS client is used.

How is the information being used?

The information is used to operate and improve the features, offerings and content presented to you by CDS, to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Web Site; and to help offer you other products, programs, or services that may be of interest. Please note that CDS may use your personally identifiable information to present offers to you on behalf of business partners and advertisers. However, while CDS’s business partners and advertisers may receive aggregate data about Metacafe users, any personally identifiable information of yours will not be shared with third parties unless you have consented to the sharing of this information. Notwithstanding the foregoing, your information may be accessed and disclosed if and as required by legal procedures, as determined by CDS in good faith. Furthermore, CDS may transfer personally identifiable information in the event of a transfer of ownership of CDS or any of its Web Sites or products, in which case the information could become subject to a different privacy policy.

Cookies

CDS may use cookies, web beacons or similar technologies to enhance and personalize your experience of the Web Site, including to operate and improve offerings through the Web Site; to help authenticate your identity when you visit and transact with the Web Site; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you. CDS does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Web Site may be impaired if you decline to accept cookies. To disable cookies, follow the instructions in your web browser.

Local Shared Object (Flash Cookie)

We may use local shared objects, sometimes known as Flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Our advertisers and third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. If you disable Flash cookies, you won’t have access to many features that make your guest experience more efficient and some of our services will not function properly. Click here to cancel an existing account.

Behavioral Targeting

Third Party Advertising

CDS or its advertisers may use third party ad networks and ad serving companies to help sell and present advertisements online in connection with the Web Site. These third party ad companies may use cookies, web beacons or similar technologies to help present such advertisements, to help measure and research the advertisements’ effectiveness, compile anonymous statistics about Web Site users, to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In so doing, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of these technologies by these third party ad companies is subject to their own privacy policies, not CDS’s and CDS disclaims all liability in connection therewith. These third party ad companies may also monitor Web Site for the purpose of reporting Web Site traffic, statistics, advertisements, “click-throughs” and/or other activities. CDS works with the following ad networks, whose privacy policies are available on their respective sites: Google, Mog, Tidal.tv, Openx, 24/7 Real Media, Beanstock and Rubicon. You may opt out of having the advertising that you see on our site targeted specifically to you by clicking on the Privacy Manager or going to the respective sites’ privacy policy(ies) and following the directions. You can disable cookies, including those used by ad networks, by following the instructions in your web browser. CDS does not provide advertisers access to any personally identifiable information that you have provided to CDS (keeping in mind that anything you have elected to share publicly on the site is available to everyone to see). Last updated: October 3, 2012.

Security

CDS has implemented security policies, rules and technical measures to protect and safeguard the personally identifiable information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our personnel that have access to, and are associated with the processing of your personally identifiable information, are obligated to respect the confidentiality of the information.

California Privacy Policy

CDS’s privacy policy is to share personal information only with the owner’s informed consent. With your consent, from time-to-time, CDS may provide its business partners with contact details for direct marketing purposes of relevant services, products, and programs. If you no longer wish your information to be shared, please let us know. If you have further inquires regarding CDS’s information sharing practices, please let us know at this number: +1 415.882.7069.

Special Note for Parents

Protecting the privacy of young children is especially important. For that reason, CDS does not knowingly collect or maintain personally identifiable information on the Web Site from persons under 13 years of age, and no part of our Web Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Web Site at any time or in any manner. If CDS learns that personally identifiable information of persons under 13 years of age has been collected on the Web Site without verified parental consent, then CDS will take the appropriate steps to delete this information.

Modification and Deletion of Personally Identifiable Information

Deletion (Opt-Out). In order to delete the personally identifiable information you submitted, notify us at support@metacafe.com that you wish to delete your personally identifiable information or any part thereof contained at our databases. Modification. If you wish to modify or update your personally identifiable information, use the Web Site or application interface. If you need help, please contact us at support@metacafe.com

Please note that deletion of your personally identifiable information from CDS’s database will not prevent CDS from using gathered anonymous information.Third Parties’ Practices. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other web sites, or companies/people that CDS does not own or control, or does not employ or manage. See also, “Third Party Ad Advertising.”

Non-U.S. Users

The Web Site is hosted in the United States. If you are accessing the Web Site from a jurisdiction with privacy laws or regulations that differ from United States laws, please be advised that through your continued use of the Web Site, you are transferring your personal information to the United States and you consent to that transfer. Last updated: October 3, 2012.