TERMS OF USE

WE ASK THAT YOU READ THESE TERMS OF USE CAREFULLY before using our website. If you have any questions, please do not hesitate to  contact us .

THESE GENERAL TERMS OF USE ("TERMS"), WHICH ARE GOVERNED BY THE LAW OF COUNTRY, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “MovShare.net”  (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE MovShare.net  WEBSITE, THE “WEBSITE”), PUBLISHED BY MovShare . BY ACCESSING, VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY, YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF MovShare  INCLUDING BUT NOT LIMITED TO, MovShare’S  PRIVACY POLICY. IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO MovShare  THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS. YOUR AGREEMENT SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

1. DESCRIPTION OF THE WEBSITE

MovShare.net  is an innovative and original free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 1 GB and 300 minutes for bandwidth cost control reasons . You should have in mind that the Website is not designed to back up video data and you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.

2. YOUR INTELLECTUAL PROPERTY RIGHTS

If you have registered and have a MovShare  account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (“Your Content”), does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content - are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.

3. OTHER USERS’ INTELLECTUAL PROPERTY RIGHTS

Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users’ content solely:

  1. for your information and personal use;
  2. as intended through the normal functionality of the Website; and
  3. for Streaming.

"Streaming"  means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.

4. OUR INTELLECTUAL PROPERTY RIGHTS

The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “ MovShare  Content”), is the exclusive property of  MovShare  and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. MovShare  Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MovShare  or MovShare's  licensors. You agree to not use or exploit the MovShare  Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any MovShare  Content. All rights not expressly granted in the Terms are reserved to MovShare  and its licensors.

5. OUR LIABILITY AS HOST

We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host are:

- to fight against the prohibited content;

- to treat your connection data according to laws and regulations relating to  Personal Data , and

- to remove all clearly illegal content which has been effectively brought to our attention.

6. YOUR LIABILITY AS USER

As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website:

  1. does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them),
  2. does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or
  3. is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).

By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.

Failure to comply with these provisions will result in Your Content being removed as set out in the present terms and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific sanctions applicable to the content in question, in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content.

7. REGISTRATION AND ACCESS

In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the  Personal   data  you provide on the form at any time.  You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.

8. AVAILABILITY OF THE WEBSITE

In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.

9. PROOF, RETENTION AND STORAGE

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.

REPORTED CONTENT:

Under current law, MovShare  does not monitor content uploaded to the site. However, we rely on our users to notify us of any inappropriate behavior or content. All reported content (video or comment) is systematically checked and removed if it infringes our  Terms of Use .

MovShare  does not accept shocking or objectionable content. The following are completely prohibited:

  1. Content that can incite physical violence or harassment, especially incitement to racial hatred

In cases of flagrant violation of these terms, we may report the content and its uploader to the relevant authorities.

COPYRIGHT AND PERSONALITY OR LIKENESS RIGHTS:

All works whatsoever (articles, books, songs, movies, videos!) can only be reproduced with the permission of its creator, the author: this is the base of copyright. A work belongs to its author or rights owner, and he or she alone can consent to any reuse or reproduction. Likewise, individuals have a right to control images of their own likeness, and you cannot film people and distribute the video without their consent.

When you want to upload a video MovShare , you must, in accordance with our TOS, make sure you have permission of any other authors implied in its production (director, screenwriter, musician, etc .).

MovShare  invites all users to participate by posting videos or commenting on videos posted by others. However, we do not tolerate videos or comments that incite hatred, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability, sexual orientation or any other discriminative .

You should respect the other members of the community: we won’t permit any threats, insults, persecution, harassment, or disclosure of personal information of other users. If we receive reports of such behavior, the users’ accounts will be suspended immediately.

To keep the site clean and easy to use, please do not create titles, descriptions or tags unrelated to the content of your video in order to increase the number of views or otherwise advertise to other users. Similarly, comments that violate the rules mentioned above will be removed.

PROHIBITED CONTENT

MovShare  has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:

- child pornography;
- dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
- unlawful, obscene, defamatory or libelous material; or
- any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).

To this end, you may send a detailed email to our PROIBITED CONTENT DEPARTMENT , specifying the date, your name, the URL address of the content in question, a description of the content in question, and the username of the person who uploaded it. The email must be sent via the contact web form.  . Upon receipt by MovShare  of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally appropriate authorities may be notified.

PRIVACY POLICY

1. PURPOSE

This document sets out MovShare’s  commitment to your privacy and to the protection of personal data (the "Data") collected and processed in connection with your use of the Website, under the terms and conditions set out in the  General Terms of Use .

2. DATA COLLECTED

We collect and subsequently process (i) the Data that you voluntarily provide on the  registration form  on the Website including your user ID, a valid email address, and your date of birth  and (ii) your IP address  (the address of your computer) by an automatic collecting process.

Please note that whether or not you are a registered user, the Website may implement or allow third-party companies to implement automatic tracking processes (cookie or web beacon), which you may block by changing your browser settings. The Data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected through these automatic tracking processes are anonymous and are used in order to improve the Website’s quality (as for examples the improvement of your search results and of the advertising selection provided to you).

3. PURPOSE OF PROCESSING

Data indicated on the Website as mandatory is required in order to use the Website’s features (video uploads, comments, etc). Data automatically collected by the Website allows us to compile statistics on web page visits. Your Data is collected and maintained in COUNTRY . This collection and maintenance is done according to the laws of COUNTRY  that apply to this matter.

4. DATA RECIPIENTS

With exception for your non-personally identifiable information as stated in section 2, your Data is not transmitted to third parties. However, MovShare  may release Data if the law requires it to do so or in the good-faith belief that such action is necessary to comply with state and applicable laws or respond to a court order, subpoena, or search warrant or to protect MovShare’s  rights and interests.

5. DATA SECURITY

MovShare  takes all appropriate steps to limit the risk that it may be lost, damaged or misused.

6. DATA RETENTION

Data is stored on the premises of the Website host and is kept only as long as necessary for the purposes set out above. After that point, data is kept only for statistical purposes and shall not be used for any other reason.

7. YOUTH RESTRICTIONS AND PARENTAL CONTROL

Children under the age of 13 are not permitted to register with MovShare . It is MovShare's  policy not to collect any information from anyone under the age of 13.

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, do not use or access the MovShare  website at any time or in any manner.

If you are the parent or legal guardian of a child under 13, and that child has somehow registered with  MovShare , please notify us by sending an e-mail to  via the contact web form.  for instructions on how to cancel your child's registration.  In the e-mail, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. MovShare  will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.

Some practical advice for young people : if you are under 18, and you regularly use MovShare , we ask you to carefully read the following information and advice.

-First, tell your parents if you create an account on MovShare . It is important to have their agreement, and to explain to them how you plan on using the site (to send or share videos, create groups, etc.)

-Don't hesitate to send us any content or shocking behavior by using the "Report" button beneath each video, or using the available  form . You can also contact the Support team at any time by using the  contact form, accessed via the footer.

-Finally, to make the best of   MovShare , read our  Terms of Use carefully

Our Support team, available 24/24 through the  contact form , treats all reported content quickly, and we also work closely with the relevant authorities. MovShare  cooperates with bodies of child protection mentioned above, all of which have a dedicated space on the site.

It is important to remind young users they must always respect the terms of use, be aware of and adhere to law of intellectual property law, image rights and respect for privacy in general, whether in uploading video or posting comments.

We invite you to read carefully our  Terms of Use  for more information on copyright and the use of MovShare  in general.

Finally, keep in mind that as a parent, you can - if you deem it necessary - request that your child's account be closed by  contacting our support team .