Vimeo Terms of Service

ARCHIVED 2011-01-22, DATE APPROXIMATE · VERSION 20110122_rev01 · COMPARED WITH 20100804_rev01

Full text changes — 20100804_rev01 to 20110122_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 Basic accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days; Plus accounts will remain active until the end of the subscription term. In the event of a suspension or deletion of an account (whether basic or Plus), materials (whether videos, still images, Forum posts, submissions or other communications) may no longer be accessible.
 Accounts may be archived, or materials may be purged at such time intervals as VIMEO or its third party service provider(s) determine in their sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that VIMEO is not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
 ### Vimeo's Privacy Policy
+Pursuant to VIMEO's Privacy Policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service. For more information, please see our full [Privacy Policy](https://vimeo.com/privacy).
+Pursuant to VIMEO's Privacy Policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to report a crime, comply with the law, respond to legal process, or to enforce these Terms of Service. For more information, please see our full [Privacy Policy](https://vimeo.com/privacy).
 ### Channels, Groups, Forums & Comments
 Vimeo is used by a lot of great people. Great people like to communicate and share thoughts and comments. Vimeo provides channels, groups, forums and other means for user communication and discussion.
 Just like with user names, don't choose a channel or group name that impersonates somebody else, that is obscene or objectionable, or that is someone's brand or trademark - we'll remove or change it.
 ### Vimeo.com Community Standards and Conduct Policy
 You agree that you are entirely responsible for any Submission that you post, email or otherwise transmit to or via the Vimeo Site or Services, whether publicly posted or privately transmitted.
 You agree to not use the Vimeo Services (including, without limitation, the Vimeo Site and the Forums) to:
+- upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
+- harm minors in any way;
+- upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
+- harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any Submission involving the unlawful exploitation of a minor);
+- upload, post, email otherwise transmit any Submission depicting gratuitous animal cruelty;
 - impersonate any person or entity, including, but not limited to, an VIMEO official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
 - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service;
 - solicit other users of the Vimeo Site to join or become members of any online or other service;
 - upload, post, email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
 - upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
 - upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
 Aside from any user-submitted materials, we own all of the intellectual property associated with Vimeo and related applications and services. This intellectual property is protected by U.S. and international laws. The permission we give you to use the Vimeo site, applications and/or services is a limited license, and does not give you any ownership rights.
 You acknowledge that the Vimeo Site and Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All VIMEO-generated Content and Content provided to VIMEO by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, VIMEO owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the Vimeo Site as a whole. Subject to your compliance with the TOS, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by the Vimeo Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services, including the Vimeo Site, the Content or the Software.
 The Vimeo name and logo are the property of Vimeo, LLC. You may not use our trademarks without prior written approval from Vimeo.
+The VIMEO name and logo(s) are the exclusive property of Vimeo, LLC. or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
+The VIMEO name and logo(s) are the exclusive property of Vimeo, LLC or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
 ### Third Party Intellectual Property; Copyright Notifications
 Respect others' intellectual property rights, particularly others' copyrights; Vimeo does. Do not post material belonging to others as your own.
 Need copyright help? Do you believe someone is infringing your copyrighted material on Vimeo? Was your content taken down by mistake? Please see our [DMCA Notifications and Counter-Notifications process](https://vimeo.com/dmca).