Welcome to dartfish.tv (under the link www.dartfish.tv or Dartfish.com or any variations of or successors to these websites (the "Service").
We want to make sure that you (and your parents if you are an underage minor) read and understand the rules which govern your use of the Service.
This User Agreement (this "Agreement") explains those rules and what you can and cannot do on the Service as well as certain other legal and business aspects of using the Service.
Please read this Agreement carefully before using or registering as a member of, or allowing your child (and/or any other person) to use, the Service.
If you are an underage minor, you will declare and recognize that you have obtained the authorization of your parents and/or your parental guardian(s)
Re: enrolment and use of the Services. The parental guardian(s) has (have) accepted to guarantee your compliance with all the provisions of these Conditions of Use.
That is why parents (or parental guidance) are requested to monitor the use to which their children put access to the Services and bear in mind that the Services
in question are intended to contact a broad segment of the public and that they are responsible for determining which Service is or is not appropriate
for their child (children) and to monitor the use made of them.
By using the Service, you (and your parents if you are an underage minor) agree to the terms of this Agreement.
If you do not agree to the terms of this Agreement please do not use the Service or register as a member of the Service or provide any information to the Service.
This Agreement and the rules that you must follow on the Service may change from time to time.
Any changes will be posted on the Service with a new "last updated "date indicating that changes have been made.
If you continue to use the Service after changes to this Agreement have been posted on the Service, you are agreeing to those changes.
Please direct any legal questions to:
Route de la Fonderie 6
1705 Fribourg, Switzerland
Fax: +41 26 425 48 59
1. Ownership of Service
The Service is owned and operated by Dartfish. Ltd, a company based in Switzerland at Route de la Fonderie 6, 1705 Fribourg,
which is referred to in this Agreement as "Dartfish", "we," "us" or similar references.
The Dartfish Website includes all aspects of Dartfish, including but not limited to all products,
software and services offered via the website such as the Dartfish accounts,
the Dartfish channels, the Dartfish "Embeddable Player," the Dartfish "Uploader", the Dartfish “Player” and other applications.
2. Application of General Terms and Conditions
Use by end users of the Dartfish Service and the Dartfish Website is governed by these General Terms and Conditions.
For publishers' use of the Dartfish publishing services, a separate set of terms and conditions apply.
Unless explicitly stated otherwise, any new Services, including any new Dartfish properties, shall be subject to these General Terms and Conditions.
In addition, Dartfish may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services.
When you are using any service or product offered by Dartfish that does not have a separate legal agreement, these General Terms and Conditions will apply.
In addition, Dartfish also may offer certain services from time to time that are governed by the terms of service of the respective service partners.
Where the Dartfish Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
If there is any discrepancies between the terms and conditions of use of those websites and these terms and conditions, the latter shall prevail.
3. Registration and Dartfish Accounts
Certain of the Dartfish Services will require the user to create a Dartfish account and provide certain data.
If you do decide to register, you will select a user name and password for your account ("Account").
You are responsible for maintaining the confidentiality of your user name and password, and you will be responsible for all uses of your user name and password, whether or not authorized by you.
You must notify us at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your Account,
or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name and password.
If you have registered on the Service, you represent and warrant that:
(a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Dartfish registration forms ("Registration Data") and
(b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Dartfish has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Dartfish has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
Although Dartfish will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dartfish or others due to such unauthorized use.
Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
All Dartfish registrations become the exclusive property of Dartfish, its affiliates, successors in interest, and subsidiaries.
4. General Use of the Website. Conditions and Restrictions of Use
Termination. You acknowledge and agree that Dartfish may terminate and/or suspend your access to any portion of the Dartfish Service
should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Dartfish.
Any such termination or suspension shall be in Dartfish' sole discretion and may occur without prior notice, or any notice.
Dartfish further reserves the right to terminate or suspend any user's access to Dartfish or to any portion of the Dartfish Service for any conduct that Dartfish,
in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Dartfish or its subsidiaries, affiliates, or business contractors, or to other third parties,
or for any conduct that violates any local, state, federal, or foreign laws or regulations.
Dartfish further reserves the right to terminate a Member's free account if no activity has occurred in such account for three (3) consecutive months.
Dartfish further reserves the right to terminate or suspend any user's access to the Dartfish Service for any reason or for no reason at all, in Dartfish' sole discretion, without prior notice.
Access to Content. Please be aware that the content found on or through the Dartfish service is for general audiences but there may be certain adult or mature content as Dartfish cannot guarantee and control
that the publishers will always comply with their contractual obligations.
Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.
If Dartfish learns that anyone under the age of 13 seeks to conduct a transaction through the Services, Dartfish will require verified parental consent.
Certain areas of the Dartfish Service may not be available to children under 13 under any circumstances.
Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for:
(i) the online conduct of such minor;
(ii) controlling the minor's access to and use of the Services; and
(iii) the consequences of any misuse by the minor.
YOU ACKNOWLEDGE THAT SOME AREAS OF THE DARTFISH SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Content Not Screened or Error Free. You acknowledge and agree that Dartfish does not screen or review published content
on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable,
or which contains errors or omissions.
Under no circumstances will Dartfish be liable in any way for any user or other third party Content, including, but not limited to,
for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted,
emailed or otherwise transmitted via the Services. Dartfish does not guarantee that any Content will be to your satisfaction.
In the event that you believe that Content published on or through the Dartfish Service contains defamatory material or
otherwise is published in violation of these terms and conditions, however, please contact us right away at:
Route de la Fonderie 6
1705 Fribourg, Switzerland
Fax: +41 26 425 48 59
User Agreement Not to Circumvent Publishers’ Ownership Rights.
You acknowledge and agree that your rights to view the publisher content that you access on or through the Dartfish Service
are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself.
Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain,
retain, create derivative works from, distribute or re-distribute, perform, link,
display or in any way exploit any Content obtained through the Dartfish Service, including, without limitation,
by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory,
or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based,
or otherwise exploited in any manner not intended by the normal functionality of the Dartfish Service.
You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or
other form of unlawful behavior for which you may be held criminally and/or civilly liable.
As a Dartfish account holder you may submit Content to the Service, including videos and user comments.
You understand that Dartfish does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content
you submit. You agree that Content you submit to the Service will not contain third party copyrighted material,
or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of
the material or you are otherwise legally entitled to post the material.
If you participate in any Common Area within the Service, you must not: defame, abuse, harass or threaten others; make any bigoted,
hateful or racially offensive statements; advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law; post or distribute any vulgar,
obscene, discourteous or indecent language or images; advertise or sell to, or solicit others;
use the Common Area for commercial purposes of any kind; post or distribute any software or other materials which contain
a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or
theme of the respective Common Area. We reserve the right to remove or edit content from any Common Area at any time and for any reason.
By uploading materials to any Common Area or submitting any materials to us, you automatically grant
(or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights" in those materials have been waived.
5. Prohibited Conduct
You agree not to use the Services, in particular as regards:
- Sending or transmitting any message whose content is illegal, detrimental, threatening, insulting, tantamount to harassment, defamatory,
vulgar, obscene or threatening to the private life of others, hateful, racist or otherwise reprehensible;
- Having any possible unwanted effect on underage people;
- Transmitting any content that could constitute, although this is not limited to, an incentive to commit crimes and infringements;
provoke discrimination, hate or violence related to race, ethnics or nationality, incorrect news; rumors; attack upon the authority of the justice;
- Information relative to adoption, trials, suicide, or a personal tax-related situation;
release under unauthorized conditions of surveys and vote simulations relative to an election or a referendum; defamation and insult; action against private life;
all other acts imperiling and underage people in particular by the production,
transmission and dissemination of violent or pornographic messages or messages liable to have a serious bearing on human dignity;
- Counterfeiting letterheads or manipulating identifying material in any way as to conceal the origin of the content transmitted via the service;
- transmitting any message whose content you are not authorized to transmit by a legislative measure or a legal act (in particular internal information,
privileged or confidential information, learned or divulged as part of a working contract or a confidentiality agreement, although this list is not limitative);
- transmitting any messages whose content infringe the rights of patents, trademarks, manufacturing secrets, intellectual property rights or any other rights belonging to third parties;
- transmitting any message of an advertising nature that is not solicited or authorized
- Uploading, posting, emailing, otherwise transmitting, or posting links to any material that contains software viruses, worms, trojan horses,
time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of,
interfere with the performance of, or impair the functionality of the Services or Dartfish;
- Obstructing or interfering with services, servers, networks connected to Dartfish sites, or refuse to comply with the required conditions,
procedures, general rules or provisions applicable by regulation to the networks connected to Dartfish sites;
- Intentionally or otherwise violating any national or international laws or regulations in effect and any limitations included in these Conditions of Use;
- Harassing in any way whatsoever, any one or several other users;
- Supplying information redirecting users to other sites (whether by creating hypertext links or by the simple supply of information)
whose content is liable to infringe any law or regulation in effect, and in particular liable to affect the rights of people and property and/or intellectual property rights.
- Making any statements that are detrimental to Dartfish, or detrimental to the image and reputation of Dartfish.
- Disseminating or spreading rumors.
- Using the services for advertising purposes and more generally proposing products and services for which you are paid directly or indirectly, unless under a specific and separate contract with Dartfish.
- Conducting your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Collecting and storing personal data relating to other users.
- Decompiling disassembling, modifying, translating, adapting, reversing engineer, creating derivative works from, or sublicensing any software deployed in connection with the Services.
6. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights you may submit a notification to our General Counsel with the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located or found on the Website or Service;
- Your address, telephone number and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury,
that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Dartfish’s Copyright Agent and/or General Counsel by mail, fax or email as follows:
Route de la Fonderie 6
1705 Fribourg, Switzerland
Fax: +41 26 425 48 59
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
7. License To Content
you grant Dartfish a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including,
create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote
such Content elsewhere within Dartfish and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.
8. DISCLAIMER OF WARRANTIES
DARTFISH AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DARTFISH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DARTFISH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR
THROUGH ANY LINKS PROVIDED IN THE SERVICES. DARTFISH SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DARTFISH DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY,
RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. DARTFISH DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. DARTFISH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY
FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. DARTFISH MAKES NO WARRANTY REGARDING THE RELIABILITY OR
ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY DARTFISH.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL DARTFISH OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF
THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DARTFISH OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES,
FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DARTFISH NETWORK. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL DARTFISH OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS,
CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
You agree to indemnify and hold Dartfish and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service,
your use of the Service, your violation of these Terms and Conditions or any other applicable published Dartfish usage terms,
conditions, policies, or requirements, or your violation of any rights of another.
11. Consent to Exclusive Jurisdiction, Waiver of Objections
These Terms and Conditions and the relationship between you and Dartfish shall be governed by the laws of Switzerland without
regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fribourg,
(District of Sarine, Switzerland) for the adjudication of any and all claims arising out of your use of the Dartfish Services,
and you waive any objection thereto.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
If you are under 13 years of age, then please do not use the Service.
Talk to your parents about what sites are appropriate for you.