VidEater (hereinafter referred to as “we” or the “Provider”) welcomes you (hereinafter referred to as “you” or the “User”) on our website videater.com (hereinafter referred to as the “Website“). These terms and conditions of use (hereinafter referred to as the “Terms”) shall govern your access to the Website, its use, and use of the Platform and the Services (as defined below).
By means of our Website or by other means, we enable you to use the computer platform “VidEater” (hereinafter referred to as the “Platform”).
The Platform is a computer system operated by the Provider, remote access to which is available by means of servers within the videater.com domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
Extract URLs of multimedia files hosted on supported third party websites;
You acknowledge that our Website, the Platform (and software and applications associated therewith) provided by us are protected by Act No. 121/2000 Sb., on Copyright and on Related Rights and on Amendments to Certain Acts (the Copyright Act), as amended, and by other related legal regulations (hereinafter referred to as the “Copyright Act” or the “Copyright”). We alone shall own all right, title and interest, including all intellectual property rights to the Website, Platform and other Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Website and Platform. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Website or the Platform shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarised and agree with the license terms of the relevant third parties). Should you breach any of those terms, we shall not be liable for any such action.
In order to use the Website, Platform or Services provided by us, we provide you with a non-exclusive license without territorial restriction (i.e. worldwide license). Within the scope of the license, you may use the Website or the Platform in their unchanged form (excluding the amendments, modifications, and updates of the Website or the Platform performed by us) for the purpose for which the Website or the Platform has been designed (as defined in Article 2 hereof) and in the manner and within the scope of these Terms. We shall grant you the license exclusively for the use of the Website and the Platform on our servers, or the servers maintained by us or designed for such purpose (e.g. Linode or GitHub).
Within the license you may not modify, adjust or connect the Website or the Platform (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work. Your right to use the Website and the Platform in compliance herewith and within the scope of their common functionality (i.e. to create your own work within their scope, e.g. the Configuration) shall not be affected. Furthermore, you may not create any reproductions of the Website or the Platform (or any parts of it whatsoever), of our software, and of applications (in any form), or to disseminate them except such parts of them that are open-source (i.e. so-called free license). You may not provide the license as a whole or any authorisations forming the part thereof wholly or partially to a third person (to provide a sub-license) and neither may you assign any rights and obligations arising from the license.
The provided license or the Terms shall not transfer any of our intellectual property rights to you (including the rights to trade-marks or brands or names). We neither provide you with any other license than the license specified explicitly hereby.
Should you breach these Terms in any way or had you breached them in the past, we may reject or disable your license provision, use of the Website and Platform.
You may use the Platform and other Services solely for the purposes of multimedia links extraction from list of supported publicly accessible websites. As a condition of your use of the Website and Platform:
We are not obliged to verify the manner in which you or other users use the Website, Platform and we shall not be liable for the manner of such usage. We assume that you use the Website and Platform legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources.
In compliance with the provision of Section 5 of Act No. 480/2004 Sb., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, we shall not be liable for the contents of the information that you save on our Website, Platform or by means of them.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website and Platform with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties).
We shall not guarantee or be liable for the availability of the Website and Platform (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of the services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM AND ITS FUNCTIONALITIES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE OR PLATFORM WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE WEBSITE, PLATFORM AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES) AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US.
We shall not be liable for any defects of the Website, Platform (or its functionalities) arising due to unauthorised interference with the Website, Platform or the use of Platform contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Website and Platform arising due to the changes of third-party websites (i.e. website from which the relevant crawler is to extract data) upon the crawler creation.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has agreed to these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Website and/or Platform and/or your breach of any of these terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.
Each party agrees not to disclose Confidential Information of the other party to any third party without prior written consent except as provided herein (hereinafter referred to as the “Confidential Information”). Confidential Information includes (i) including agent definitions, Customer Data, (ii) except as provided in subsection (i) above, any other Website, Platform or Services information or access to technology prior to public disclosure provided by us to you and identified at the time of disclosure in writing as “Confidential.” Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party’s Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
Unless mutually agreed otherwise in writing, the license agreement and the agreement on the provision of other Services concluded by and between us shall be for an indefinite period of time.
In the following cases we may further withdraw from an agreement concluded with you (by blocking your IP) with immediate effect:
If necessary (including but not limited to the market development, development of the Platform and related technologies and with respect to new risks associated with the Platform and the safety of its use), we may unilaterally amend the version hereof. Similarly, with respect to the market development we may unilaterally amend the remuneration amount of the license for use of the Platform or the remuneration for the Services.
These Terms and any other contracts and legal relationships concluded by and between us (unless otherwise explicitly provided) shall be governed by the laws of the Czech Republic. Any disputes arising here from between us shall be resolved by the courts of general jurisdiction in the Czech Republic.
You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge.
Provided that we enter into a separate written license agreement or another contract with you provisions of which deviate herefrom, such different provisions shall take precedence over the respective provisions of these Terms.
Should any of the provisions hereof be ascertained as invalid, ineffective or unenforceable, upon mutual agreement such a provision shall be replaced by a provision whose sense and purpose comes as closely as possible to the original provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity and effectiveness of the remaining provisions hereof.
Unless otherwise provided hereby, any changes and amendments hereto may only be made in writing.