WorldTV.com provides people with an easy way to search, watch and create collections of video clips in the form of playlists (collectively, the “Service”). Before you continue using the WorldTV.com website (the “Site”), it is important that you carefully review the Terms and Conditions set out below (the “Terms”) and our Privacy Agreement found at http://worldtv.com/pages/privacy, which is incorporated herein by reference. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY AGREEMENT, PLEASE DO NOT USE THE WORLDTV.COM SITE.
As a user of this Site it your responsibility to ensure that you are familiar with these Terms and that you periodically review these Terms at http://worldtv.com/pages/terms as they may change over time. WorldTV.com reserves the right to modify or revise these Terms and you agree to be bound by such modifications or revisions. If you provide us with an e-mail address, we will attempt to notify you if the Terms substantially change. Minor changes may be noted through our in-application alerts feature, on our blog, Facebook page or Twitter feed. You can review the last date these Terms were modified, substantially or unsubstantially, at the bottom of this page. By using and/or visiting the Site, you indicate that you accept these Terms and that you agree to be bound by them. If you have any questions about these Terms, please contact us at email@example.com. Your use of the Site and the Service is entirely conditional on and subject to your compliance with these Terms.
Ability to accept Terms
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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the WorldTV.com Site is not intended for children under 13. If you are under 13 years of age, then please do not use the WorldTV.com Site unless you have direct and constant supervision from your parents or legal guardian. For the avoidance of doubt, a parent or legal guardian may work with their child who is under 13 to use the service but must not allow their child to use the service unattended. Parents and legal guardians should be aware that certain parts of the site (eg, those containing videos with adult themed language and/or content) may, and almost certainly are, unsuitable for younger viewers. WorldTV offers the ability for channel creators to tag their channel with a simple adult content tag if their channel is likely to contain material unsuitable for younger viewers and we will attempt to monitor violations of this within reason, but are not responsible in any way for doing so. Notwithstanding, all users of the site who create playlists featuring adult themed content must make use of the tagging feature provided, to indicate their channel may contain content that is unsuitable for viewers under 18. Should WorldTV provide in future any aggregation or directory of adult themed channels on the Site it will clearly mark this as such and will seek to affirm from viewers prior to viewing such content that they are in fact over the age of 18. Under no circumstances can channel creators incorporate content that is illegal, and you should ensure that you are not in violation of other aspects of these Terms and in particular the sections below entitled Prohibited User-Generated Content and Viewers of Video Content.
Linking to Video Content
WorldTV.com does not ordinarily host video content on the Site, rather it provides a full set of useful tools for linking to video content on other sites. These tools include a search function, full screen viewer, embeddable viewer, preview viewer, playlist creator, video organizer, video page publishing feature and page monetization feature (collectively, the WorldTV Editor). In all cases WorldTV.com clearly identifies the third-party source of the video content and where the video is hosted with a ‘hosted by…’ logo that appears regularly in the bottom left corner of the video display. Content owners who find their own unauthorized copyrighted material linked from WorldTV.com should CONTACT THE SOURCE WEBSITE if they wish to object to their content being made available. WorldTV.com does not have the means to remove content from a third-party website. Furthermore we do not have the capability to remove links from WorldTV.com to other sites that are created by our users except in highly exceptional circumstances such as where a person’s personal safety is at risk. If you object to any content that you see via WorldTV.com, you should identify the source website of the video through the logo feature described and follow that website’s DMCA or complaints procedure to make your objection known. Again, WORLDTV.COM DOES NOT HOST THE VAST MAJORITY OF THE VIDEO CONTENT THAT YOU SEE ON THE SITE. The only video that WorldTV.com ordinarily hosts is video recorded via our webcam record feature. Such content will show with a ‘Hosted by WorldTV’ logo so it can be clearly and readily identified.
Classes of Use for Playlist Creation
WorldTV.com defines three classes of use where a user creates playlists for watching by others. There are specific unique terms for each class in addition to the standard Terms:
PERSONAL USE: Where you use the Service for your own use and for sharing with a normal circle of family and social acquaintances. This service is FREE. Under Personal Use you may not use the service for commercial means. You may not broadcast to persons outside of a normal circle of a family and social acquaintances unless you have the right to share publicly the links you are creating. You may have this right depending on the laws in your country.
SMALL BUSINESS, BLOG AND ARTISTIC USE: Where you use the Service for promotion or adding value to your small business, blog, band or artistic endeavour, where the gross commercial sales of your business, blog, band or artistic endeavour is under $100,000 per annum or direct currency conversion to your local currency. This service is FREE. Under Small Business, Blog and Artistic Use you are restricted to linking only to content which you own or which you otherwise have the rights to link to, such as publicly available content on a major video hosting provider which does not violate that provider’s terms of service.
ENTERPRISE USE: Where you use the Service for promotion or adding value to your business where the annual gross commercial sales of the business is more than $100,000 or direct currency conversion to your local currency.
Any questions about class definitions or which class you fall under should be addressed to firstname.lastname@example.org.
Responsibility for linking to Video Content
WorldTV.com cannot reasonably monitor the content of links made by its users and accepts no responsibility for the linking actions of its users. You agree to indemnify and hold WorldTV.com, its owners/operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters relating to your linking actions.
Viewers of Video Content
You understand that when using the Site you will be exposed to video from a wide variety of sources, and that WorldTV.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such video. You understand that the responsibility for the majority of the content that can be viewed on the Site is content linked and curated by our users. You further understand and acknowledge that you may be exposed to video that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WorldTV.com with respect thereto, and agree to indemnify and hold WorldTV.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your viewing of video content on the Site.
In order to access some features of the Site, you will need to create a user account by way of providing an e-mail address, and optionally a password. You must provide an accurate e-mail address and must continue to maintain the accuracy of your e-mail address for the remainder of your duration using the Service. WorldTV.com reserves the right to cancel any accounts where it is unable to reach the owner of the account in a reasonable timeframe by e-mail, or, in any event, where the account is not accessed by the owner in a 24 month period. Please ensure that your e-mail address is always current and that you access your account at least once every two years. The Site provides an optional password feature so users may help protect their accounts from unauthorized access. WorldTV.com strongly recommends that all users make use of the password feature to prevent others from using their account. You are solely responsible for the use of your account whether you make use of the password feature or not. You must notify WorldTV.com immediately upon discovery of any unauthorized access of your account by contacting email@example.com. WorldTV.com will not be held liable for any losses caused by any unauthorized use of your account. Again, we strongly recommend you make use of the password feature provided.
NO USER OF THE SERVICE MAY ATTEMPT TO ACCESS ANOTHER USER’S ACCOUNT WITHOUT EXPRESS PERMISSION WHETHER PROTECTED BY PASSWORD OR NOT. ANY SUCH ACTION WILL RESULT IN IMMEDIATE DELETION OF ALL YOUR ACCOUNTS AND DATA AND YOU WILL BE BARRED PERMANENTLY FROM FURTHER USE OF THE SERVICE.
Ownership of Playlists and User Generated Content
The Service enables you to create content and to make it available to WorldTV.com and to others. Such content may include, without limitation, video playlists, derivative video works, video, audio, text, software, graphics, images, channel logos and information. All such content made available by you or by other users of the Site is referred to in this Agreement as User-Generated Content. Content that is exclusively created by you is referred to in this Agreement as Original User-Generated Content. You own the copyright in any Original User-Generated Content that you provide to WorldTV.com.
You acknowledge and agree that any User-Generated Content that you make available through the Site publicly may be made freely available by WorldTV.com to others, including without limitation for download by others. You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Service, and that this permission constitutes a non-exclusive, revocable, royalty-free and transferable license to WorldTV.com to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
You may revoke this license at any time by canceling your account.
We agree to make commercially reasonable efforts to inform sub-licensees should you cancel your account and revoke your license but this may not always be possible and sub-licensees may not always respect this request at all, or in a timely fashion.
For the avoidance of doubt, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Original User-Generated Content which is submitted, posted or displayed by you on or through the WorldTV.com Site.
WorldTV.com shall not acquire any right, title or interest in or to Original User-Generated Content, except as provided herein. Any rights not granted by you herein are deemed retained by you. You acknowledge that you are aware that WorldTV.com has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that WorldTV.com assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, WorldTV.com is not responsible for enforcing your intellectual property or for taking legal action against infringers or against people or sub-licensees who fail to cease using the Original User Generated Content upon revocation of your license. You further accept that WorldTV.com cannot recover content that has been downloaded by others, and its actions upon revocation are limited solely to removing the ability to access your Original User-Generated Content on WorldTV.com’s servers and attempting to inform sub-licensees of such revocation where practicable.
Commercial Use of User-Generated Content
In the event WorldTV.com has the opportunity to make a commercial use of your Original User-Generated Content, WorldTV.com will notify you of this fact and provide you with the opportunity to agree to participate in such use and in any revenues generated from such use in accord with our Commercial Use Agreement. This does not apply for example to general advertising on the WorldTV.com Site and subscription revenue services on WorldTV.com and enterprise sales. WorldTV.com does not currently insert advertising into video playback and does not plan to do so without offering a revenue share option. The permitted uses and the allocation of revenues are as provided in the Commercial Use Agreement. Your participation in a commercial use by WorldTV.com is voluntary on your part.
Prohibited User-Generated Content
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Service. As a condition of your use of the Site, you agree not to use the Site for any unlawful or prohibited purpose. User-Generated Content prohibited from the Site includes, without limitation, User-Generated Content that WorldTV.com determines in its sole and absolute discretion:
- Constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
- Misrepresents the source or identity of any material;
- Is unlawful, inappropriate, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred, terrorism or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offence, create civil liability, or is otherwise offensive to users of the Site or the wider online community;
- Content depicting cruelty;
- Violates the rights of privacy or publicity of any person;
- Is false or deceptive;
- Includes material that exploits people under the age of 18 in a sexual or violent manner;
- Is unlawful under the laws of any individual country, state or locality, or any international treaty or convention; or
- Interferes with the proper functioning of the Service or Site, or violates any other Term of this Agreement. You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms.
You acknowledge that WorldTV.com is a service provider that may allow users to interact online regarding topics and content chosen by the users. WorldTV.com does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. WorldTV.com generally does not regulate and is clearly unable to monitor all User-Generated Content on WorldTV.com. Nonetheless, WorldTV.com and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. WorldTV.com may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content if these Terms are violated or if WorldTV.com feels the interests of its other Users are best served by such removal. Please note this decision will not be entered into lightly – WorldTV.com generally believes in the principle of freedom of speech and expression. WorldTV.com may terminate your access to the Site and refer the User-Generated Content to law enforcement if WorldTV.com believes a crime has been committed or a person’s safety is at risk.
Specific Prohibited Uses
You may not use any automated system that accesses the Site in a manner that sends more request messages to the WorldTV.com servers than a human can reasonably produce during casual surfing using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including channel names and content, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site by any means. Furthermore you may not:
- Frame or otherwise display any portion of the Site or its contents that is not your User-Generated Content without prior authorization from the owner;
- Sell, grant a security interest in, or transfer reproductions of all or any portion of the Service to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Service to others;
- Exploit the Service or any of its parts for any commercial purpose whatsoever without the express prior written authorization of WorldTV.com except as provided in Classes of Use for Playlist Creation above;
- Host, provide or develop services for the Service which intercept, emulate or redirect the communication protocols used by WorldTV.com in any way, including without limitation through protocol emulation, tunneling, packet sniffing, scraping, modifying or adding components to the Service, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
- Facilitate, create or maintain any unauthorized connection to the Service, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Service. All connections to the Service, or any portion thereof, may only be made through methods and means expressly approved by WorldTV.com. Under no circumstances may you connect, or create tools that allow you or others to connect to the Service, or any portion thereof, other than those expressly provided by WorldTV.com, until such time as we release an API which is planned; or
- Use the Service in a manner prohibited by any applicable law or government regulation, or by the Terms.
Availability of the Service
WorldTV.com uses reasonable endeavours to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, excessive unforseen loads, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of WorldTV.com. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of WorldTV.com. From time to time, and without notice to you, WorldTV.com may add or delete certain features or function from the Service we provide. You agree that WorldTV.com shall not be liable to you for any modification, suspension or discontinuance of the Service.
WorldTV URL’s and Channel Names
WorldTV.com provides handy and attractive URL’s to users for their playlist channels in the form worldtv.com/channelname. WorldTV.com will not ordinarily interfere with a user’s choice of Channel Name or URL but reserves the right to do so at its sole discretion, and reserves the right to disable a particular URL or user account for any reasonable reason. We realize this may be of concern to certain users and have provided some guidance below on choosing an appropriate Channel Name and URL. No user for example may register a Channel Name or URL containing:
- ANY TRADEMARK THAT IS NOT YOURS, or any variation that might reasonably be confused with the original trademark owner. This includes adding words such as “TV” to an existing trademark;
- Any name of a company or near variation thereof that is not your own company;
- Any name of a well known band, celebrity, individual, movie, TV show, landmark or sports team. Variations are allowed providing they do not mislead people as to their origin or authenticity and do not otherwise violate the Terms or the rights of a 3rd party. For example worldtv.com/shakira is not allowed but worldtv.com/bestofshakira is;
- Any name of a country or city – variations are allowed as above, except for the addition of the word “TV” (or “tv”);
- Any name of a major genre of video, for example worldtv.com/music or worldtv.com/comedy. Something like worldtv.com/snookerTV or variations on specific genres such as worldtv.com/comedyclips is fine;
- Anything which is misleading or which gains a benefit through misleading people;
- Anything of an adult or offensive nature or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Anything which harasses or advocates harassment of another person or business;
- Anything which includes personal information of another person besides yourself, including that person’s name, telephone number, etc; or
- Anything which might reasonably be confused with a present or future service or page of the WorldTV.com Site. For example we do not currently offer a forum but we may offer a forum in future. Please use your common sense, do not register worldtv.com/forum or worldtv.com/sales or worldtv.com/awards or similar. It will lead to disappointment.
In general we strongly suggest that you choose a more personal or unique name such as worldtv.com/miketv or worldtv.com/smashingtv or worldtv.com/chillmusic etc. Doing so will ensure that there are no problems in future and helps create a good service for all. We do not want to take URL’s away from people but will do so if the above guidelines and spirit are not followed.
No user may register more than fifty (50) channel names or URL’s in the system at any one time without permission, and no user may register a name or URL on behalf of someone else without their express permission. No user may register a Channel Name or URL which they do not intend to make use of within the near future (2-3 months). WorldTV.com reserves the right to monitor name registration activity and reclaim, disable or otherwise prevent any user from any such activity without warning or notification, where we do not feel is in the best interests of the Service or where there are violations of the guidelines above. WorldTV.com is not obliged to enter into any correspondence on this issue but will try to work with people who have made genuine mistakes. Please note that it is possible within the WorldTV Editor interface to change an existing Channel Name and URL.
Copyright of WorldTV.com Site
The content on the Site, including without limitation, the text, software, graphics, photos, and any WorldTV.com hosted videos, is owned by or licensed to WorldTV.com, subject to copyright and other intellectual property rights and trademark laws, trade secret laws, foreign laws, and international conventions. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content. All copyright, trademarks, service marks and other intellectual property rights in the Site (including the design, arrangement, and look and feel) and all material or content supplied as part of the Site, other than User-Generated Content, shall remain at all times the property of WorldTV.com, its affiliates, associated companies, and/or licensors.
All brand, product, and service names used in this Service which identify WorldTV.com or third parties and their products and services are proprietary marks of WorldTV.com and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of WorldTV.com or any third party with respect to any such image, logo or name except as provided in Use of WorldTV.com Trademark below.
Use of WorldTV Trademark
You have the right to use the trade names, trademarks, logos and designations in or associated with WorldTV.com for purposes of identifying WorldTV.com and solely in connection with your permitted activities under these Terms. You may of course say “featured on WorldTV.com” or words similar if you operate a channel on WorldTV.com and wish to promote it on your blog, social networking site or web page. You may not however indicate a partnership or other relationship without permission. You agree that the WorldTV.com marks and all associated goodwill are and will remain the sole property of WorldTV.com, and that any goodwill generated as a result of your licensed use of WorldTV.com marks belongs exclusively to WorldTV.com and inures solely to the benefit of WorldTV.com, and that your use of WorldTV.com marks is subject to WorldTV.com’s control of the quality of any products or services with respect to which you may be authorized to use WorldTV.com marks.
Suspension and Termination of Access
You agree that WorldTV.com may at any time without notice:
- Refuse your application to become a user of WorldTV.com;
- Move or suspend any part of the Service; or
- Terminate your account and delete any content stored in your account if, in WorldTV.com’s sole discretion, you fail to comply with these Terms or if a competent regulatory authority requires us to do so.
Please be assured that we will do our best to avoid such eventualities and protect your content with all means at our disposal.
WorldTV.com is not responsible for any incorrect or inaccurate content posted on the WorldTV.com Site or in connection with the WorldTV.com Service, whether caused by Users of the WorldTV.com Service or by any of the equipment or programming associated with or utilized in the WorldTV.com Service. Channels created and posted by users on the Site may contain links to other websites. WorldTV.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WorldTV.com. Inclusion of any linked website on the WorldTV.com Service does not imply approval or endorsement of the linked website by WorldTV.com. When you access these third-party sites, you do so at your own risk. WorldTV.com takes no responsibility for third party advertisements which are posted on the Site or through the WorldTV.com Service, nor does it take any responsibility for the goods or services provided by its advertisers. WorldTV.com is not responsible for the conduct, whether online or offline, of any user of the WorldTV.com Service. WorldTV.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. WorldTV.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WorldTV.com Service or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the WorldTV.com Service. Under no circumstances shall WorldTV.com be responsible for any loss or damage, including personal injury or death, resulting from use of the WorldTV.com Service, from any content posted on or through the WorldTV.com Service, or from the conduct of any users of the WorldTV.com Service, whether online or offline. The WorldTV.com Service is provided “AS-IS” and as available and WorldTV.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WorldTV.com cannot guarantee and does not promise any specific results from use of the WorldTV.com Service.
Limitation of Liabililty
IN NO EVENT SHALL WORLDTV.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WORLDTV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WORLDTV.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WORLDTV.COM FOR THE WORLDTV.COM SERVICE DURING THE TERM OF USE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the WorldTV.com Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the WorldTV.com Site and Service.
You agree to defend, indemnify and hold harmless WorldTV.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the WorldTV.com Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your actions caused damage to a third-party. This defence and indemnification obligation will survive these Terms and your use of the WorldTV.com Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WorldTV.com without restriction.
WorldTV.com is a division of Affinity Media UK Ltd., a private UK Limited Company No 5043779. We are registered under the Data Protection Act of Great Britain No Z8636549. Our VAT registration number is GB 838331129. Our mailing address isÂ Affinity Media UK Ltd,Â 27 Old Gloucester Street,Â London,Â WC1N 3AX.
Last modified: March 30th 2012 – minor changes and readability enhancements. Removal of terms relating to restrictions on enterprise use. Updated mailing address.