Terms of Service
Last updated on March 20, 2016

These terms and conditions (the “Terms of Service”) govern your access to and use of ARVRUS’s websites (collectively, the “ARVRUS Site”) and other applications that link to or reference the Terms of Service and the Privacy Policy incorporated by reference herein (collectively, the “ARVRUS Service”). By accessing or using the ARVRUS Service, you are agreeing to the Terms of Service and the Privacy Policy (collectively, the “Agreement”), and concluding a legally binding contract with ARVRUS, LLC (“ARVRUS”). Do not access or use the ARVRUS Service if you are unwilling or unable to be bound by this Agreement.

    1. Age Requirement
    2. You must be at least 13 years old to use the ARVRUS 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 ARVRUS Service. Please have him or her read this Agreement with you.

    3. Notice to Parents and Guardians
    4. By granting your child permission to use the ARVRUS 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 ARVRUS Service. If your child is using the ARVRUS 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.

    5. Warning
    6. Even if you are old enough to use the ARVRUS Service and/or have your parent’s or guardian’s permission, some of the content available within the ARVRUS Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

    1. License
    2. ARVRUS grants you a limited, non-exclusive license to access and use the ARVRUS Service for your own personal, non-commercial purposes. This includes the right to view content available on the ARVRUS Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

    3. Commercial Use
    4. You may not use the ARVRUS Service for commercial purposes unless you are a small-scale independent production company, non-profit, or artist, in which case you may use the ARVRUS Service to showcase or promote your own creative works.

    5. Restrictions
    6. Except as expressly permitted by ARVRUS in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the ARVRUS Service. Nor will you take any measures to interfere with or damage the ARVRUS Service. All rights not expressly granted by ARVRUS are reserved.

  2. Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.

    1. Registration
    2. To fully use the ARVRUS Service, you must sign up for an account by providing a channel name and valid email address. You must provide complete and accurate account information to ARVRUS 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.

    3. Channel Names
    4. We encourage you to use real names for your channel names. 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.

    5. Account Security
    6. You are responsible for all activity that occurs under your account, including any activity by other users with whom you manage your channels and unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must sign out of your account after using the ARVRUS Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

  2. You may make payments to ARVRUS for transactions and services that ARVRUS offers. All payments are final and non-refundable. However, ARVRUS may, in its sole discretion, authorize refunds if it determines that the circumstances warrant a refund.

    1. Term
    2. This Agreement begins on the date you first use the ARVRUS Service and continues as long as you continue to use the ARVRUS Service.

    3. Account Deletion
    4. You may delete your account at any time. Accounts may be deleted from the ARVRUS Service if they remain inactive (i.e. the user fails to log in) for a continuous period of at least six (6) months.

    5. Termination for Breach
    6. ARVRUS may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if ARVRUS determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage ARVRUS’s reputation and goodwill. If ARVRUS deletes your account for the foregoing reasons, you may not sign up again for the ARVRUS Service. ARVRUS may block your email address and internet protocol address to prevent further registration.

    7. Effect of Termination and Account Deletion
    8. Upon termination, all licenses granted by ARVRUS will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. ARVRUS shall not be responsible for the loss of such content.

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

    1. Infringes any third party’s copyrights or other rights (e.g. trademark, privacy rights, etc.);
    2. Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
    3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
    4. Exploits minors;
    5. Depicts unlawful acts or extreme violence;
    6. Depicts animal cruelty or extreme violence towards animals;
    7. Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
    8. Violates any law.

    All videos you submit must also comply with ARVRUS’s Community Guidelines, which are incorporated into this Agreement.

  2. In using the ARVRUS Service, you must behave in a civil and respectful manner at all times. Further, you will not:

    1. Act in a deceptive manner by, among other things, impersonating any person;
    2. Harass or stalk any other person;
    3. Harm or exploit minors;
    4. Distribute “spam”;
    5. Collect information about others; or
    6. Advertise or solicit others to purchase any product or service within the ARVRUS Site (unless you are an official ARVRUS partner or advertiser and have a written agreement with ARVRUS).

    ARVRUS has the right, but not the obligation, to monitor all conduct on and content submitted to the ARVRUS Service.

    1. Videos
      1. License to ARVRUS. As between you and ARVRUS, you own the video content (“videos”) that you submit to the ARVRUS Service. By submitting a video, you grant ARVRUS and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the ARVRUS Service; (ii) displaying the video on third party websites and applications through a video embed or ARVRUS’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the ARVRUS Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
      2. License to Other Users. You further grant all users of the ARVRUS Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g. a Creative Commons license).
      3. Duration of Licenses. The above licenses will continue unless and until you remove your videos from the ARVRUS Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that ARVRUS has no control over such caching.
    2. Non-Video Content
    3. As between you and ARVRUS, you own all non-video content that you submit to the ARVRUS Service. You grant ARVRUS and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the ARVRUS Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to ARVRUS on improving or adding new features to the ARVRUS Service, ARVRUS shall have the right to use your suggestions without any compensation to you.

  2. For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to ARVRUS and grant the licenses set forth above; (ii) ARVRUS 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.

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

  2. ARVRUS respects the intellectual property rights of others. For intellectual property claims, including if you believe that your copyright has been infringed, please send us a notice at support [at] ARVRUS [dot] com.

  2. ARVRUS reserves the right to modify the ARVRUS Service. You are responsible for providing your own access (e.g. computer, mobile device, internet connection, etc.) to the ARVRUS Service. ARVRUS has no obligation to screen or monitor any content and does not guarantee that any content available on the ARVRUS Service complies with this Agreement or is suitable for all users.

    ARVRUS provides the ARVRUS Service on an “as is” and “as available” basis. You therefore use the ARVRUS Service at your own risk. ARVRUS 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, ARVRUS makes no representations or warranties:

    1. That the ARVRUS Service will be permitted in your jurisdiction;
    2. That the ARVRUS Service will be uninterrupted or error-free;
    3. Concerning any content submitted by any member;
    4. Concerning any third party’s use of content that you submit;
    5. That any content you submit will be made available on the ARVRUS Service or will be stored by ARVRUS;
    6. That the ARVRUS Service will meet your business or professional needs;
    7. That ARVRUS will continue to support any particular feature of the ARVRUS Service; or
    8. Concerning sites and resources outside of the ARVRUS Service, even if linked to from the ARVRUS 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 ARVRUS Service, and no warranties shall apply after such period.

  2. To the fullest extent permitted by law: (i) ARVRUS 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) ARVRUS’s total liability to you shall not exceed the amounts paid by you to ARVRUS over the twelve (12) months preceding your claim(s).

  2. All pictures, graphics, videos, and other visual media displayed on the ARVRUS Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. ARVRUS is not the primary producer of the visual content contained in the ARVRUS Service.

    1. Governing Law
    2. This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

    3. Disputes
    4. Any action arising out of or relating to this Agreement or your use of the ARVRUS Service must be commenced in the state or federal courts located in Los Angeles County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, ARVRUS and you irrevocably waive any right to a trial by jury.

    5. Interpretation, Severability, Waiver, Remedies
    6. 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 ARVRUS in exercising any right hereunder will waive any further exercise of that right. ARVRUS’s rights and remedies hereunder are cumulative and not exclusive.

    7. Successors, Assignment, No Third Party Beneficiaries
    8. 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 ARVRUS’s prior written consent. No third party shall have any rights hereunder.

    9. Notices
    10. You consent to receive all communications including notices, agreements, disclosures, or other information from ARVRUS electronically. ARVRUS may provide all such communications by email or by posting them on the ARVRUS Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to ARVRUS at support [at] ARVRUS [dot] com. Nothing herein shall limit ARVRUS’s right to object to subpoenas, claims, or other demands.

    11. Modification
    12. This Agreement may not be modified except by a revised Terms of Service posted by ARVRUS on the ARVRUS Site or a written amendment signed by an authorized representative of ARVRUS. A revised Terms of Service will be effective as of the date it is posted on the ARVRUS Site.

    13. Entire Agreement
    14. This Agreement constitutes the entire understanding between ARVRUS and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.