3. Website Access
4. Intellectual Property Rights
The content on the Website, 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 Metacafe. Content on the Website 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 Metacafe's prior written consent. Metacafe reserves all rights not expressly granted in and to the Website. 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. User Submissions
6. Copyright and Content Policy
Metacafe respects the intellectual property rights of others, and requests you to do the same. Metacafe does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Metacafe will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Metacafe reserves the right to remove Content without prior notice. Metacafe will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Metacafe may remove such Content and/or terminate a User's access for uploading such Content in 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 Metacafe's Copyright Agent the following information:
Metacafe's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Metacafe, Inc. 128 King Street, 3rd floor San Francisco, CA 94107 By fax: +1 415.882.7965 By Tel: +1 415.882.7069 By email: CRfirstname.lastname@example.org
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. Payment for User Submissions.
Submitters to Producer Rewards are eligible for payment.
If Metacafe accepts the Producer Rewards Submission into the Producer Rewards program, Metacafe will pay you $2.00 (in US dollars) for each 1000 times the Producer Rewards Submission is viewed on www.metacafe.com or through a Metacafe player embedded on a third party website by a user whose IP address is within the United States, as measured and determined by Metacafe. Metacafe will pay you within approximately 30 days after the end of each month for Producer Rewards Submissions viewed during the previous month. If your payment for any given month would be less than $100, Metacafe may hold payment to you until the amount due is equal to or exceeds $100. Payment is in U.S. Dollars.
Metacafe may change the rate of payment under the Producer Rewards program at any time upon five United States business days notice to you. Metacafe may remove your Producer Rewards Submission from the Producer Rewards Program at any time without notice to you, which will terminate all further payment obligations other than payment for views of the Producer Rewards Submission prior to its removal from the Producer Rewards Program.
You are solely responsible for reporting and paying any applicable tax or tariffs on the payment. If Metacafe determines that it is required to report payments to you to the taxing authority in any jurisdiction, you hereby consent to such reporting and agree that your video will not be deemed accepted into the Producer Rewards Program and no payments will be made to you until you have provided any information or forms necessary for Metacafe to file such report, such as your social security number and address. Metacafe may withhold from payments any taxes that it is required to withhold under applicable law. Additional requirements may be necessary with respect to producers located outside of the United States and Metacafe may request additional representations from such producers at any time.
If you think that a mistake has occurred in a payment, you must contact Metacafe's support desk within 30 days of receipt of payment. No requests for evaluation of payment errors will be considered more than 30 days after receipt of payment.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, METACAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. METACAFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE. METACAFE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE 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.
9. Limitation of Liability
IN NO EVENT SHALL METACAFE, 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE, 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.
You agree to defend, indemnify and hold harmless Metacafe, 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 Website; (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 Website.
11. Ability to Accept Terms & Conditions
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Metacafe without restriction.
Last updated: November 2006.