Terms & Conditions

1. Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content available through the Metacafe.com domain name and other sites owned, operated or controlled by Metacafe, Inc., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) METACAFE'S PRIVACY POLICY at www.metacafe.com/privacy/. In addition, if you submit Content through the Producer™ Program or the Producer Rewards™ Program, you signify your assent to their additional terms & conditions. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, or the Terms & Conditions for the Producer Program or the Producer Rewards Program, then please do not use the Website.

2. Links

The Website may contain links to third party websites that are not owned or controlled by Metacafe. Metacafe 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 websites. In addition, Metacafe will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Metacafe 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 Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

  1. Metacafe hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Metacafe'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 Website; and (vi) you comply with these Terms & Conditions.
  2. In order to access some features of the Website, you will have to create an account. You may never use another's account without 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 Metacafe 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 Metacafe or others due to such unauthorized use. Metacafe 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 Website in a manner that sends more request messages to the Metacafe 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. Metacafe grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Metacafe 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 Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
  4. Metacafe has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

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

  1. The Website 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, Metacafe does not guarantee any confidentiality with respect to any User Submissions. Metacafe has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one Metacafe program to another program or portion of the Website. You may submit your User Submissions to the Website or through one of the following programs:
  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 Metacafe 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 Website 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 Website and these Terms & Conditions.
  3. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Metacafe, you hereby grant Metacafe, in addition to any other rights which it has pursuant to any other program established by Metacafe, 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 Website and Metacafe's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions submitted under the Producer Program or not submitted under any other special program, you may notify Metacafe to remove the User Submission from the Website, and Metacafe will do so within a reasonable time period, at which point the foregoing license to Metacafe will terminate.
  4. You also hereby grant each user of the Website 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 Metacafe all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Metacafe 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. Metacafe does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Metacafe expressly disclaims any and all liability in connection with User Submissions.
  6. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Metacafe 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 Metacafe with respect thereto, and agree to indemnify and hold Metacafe, 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 Website. You acknowledge that access to certain Content which may be available through the Website 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

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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Website, including the URL;
  4. your address, telephone number, and email address;
  5. 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
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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: 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. 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.

10. Indemnity

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

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 Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

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.

13. General

You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Metacafe, either specific or general, in jurisdictions other than the State of New York. These Terms & Conditions shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Metacafe that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in New York, New York. These Terms & Conditions, together with the Privacy Policy at www.metacafe.com/privacy/ and one of the following two terms and conditions: (A) Terms for Submission to Producer Rewards; and (B) Terms for Submission to Producer Program, and any other legal notices published by Metacafe on the Website, shall constitute the entire agreement between you and Metacafe concerning the Website. 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. Metacafe 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 Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND METACAFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE METACAFE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: November 2006.