Mevo Terms of Service AgreementLAST UPDATED: MARCH 29, 2019
This Mevo Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Mevo Inc. ("Mevo," "we," "us," or “our”) and you, our customer (“you” or “your”). Mevo provides services through our owned-and-operated websites and applications (collectively, the “Services”). This Agreement governs your use of our Services.
By creating an account, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Products and Services
Subject to the terms hereof, we grant you access to our Services. This includes the right to live stream videos that you have the right to stream and use all related functionality that we may provide.
2.1 Availability of Features
The features available to you are subject to change from time to time and may depend on your use of our integrations with websites operated by others. The website operator, not Mevo, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice.
2.2 Downloadable Software
We may allow you to purchase items or subscriptions within Apps. When you make such purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform's account settings. Any billing inquiries should be directed to the app platform.
We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
With respect to our Apps for iOS only, Apple, Inc. ("Apple") shall be deemed an intended third party beneficiary of this Mevo App Addendum, and Mevo, not Apple, shall be responsible for fulfilling all obligations relating to the operation of our Apps for iOS or tvOS except for any obligations arising from Apple's contracts with you.
Sales of hardware, such as our Mevo camera and accessories, are governed by our Hardware Sales Agreement, Limited Warranty, and Refund Policy.
Registration: You may create an account to use certain features we offer. To do so, you must provide an email address. You consent to receive notices from Mevo at this email address.
Organizational Accounts: To the extent that you are (a) an official United States federal, state, or local government agency or body, (b) using our services in your official capacity, and (c) are prohibited by any law, regulation, rule, or ordinance from accepting all provisions of the Terms of Service, the indemnification provisions (Section 6.2) and the choice of law and choice of venue provisions (in Section 10) do not apply to you.
Age Requirements: You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 4. Mevo may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Mevo may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
4.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners and their agents may send Mevo a takedown notice to remove allegedly infringing materials available on Mevo’s online service.
4.1.1 DMCA Policy
Mevo will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") when properly notified that the materials infringe a third party's copyright. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.
4.1.2 DMCA Takedown Notices
To request the removal of materials based upon copyright infringement, you must file a notice containing the following:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on Mevo’s service the material that you claim is infringing may be found, sufficient for Mevo to locate the material (e.g., the URL for the video).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may submit this notice by email or mail.
Mevo may disclose notices with affected users and third-party databases that collect information about copyright takedown notices.
4.1.3 DMCA Counter-Notifications
If you are a Mevo user who wishes to challenge the removal of materials caused by a DMCA takedown notice, you must file a counter-notification containing the following:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on Mevo’s service where it previously appeared (e.g., the URL of the video).
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Mevo may be found (the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may submit this notice by email or mail.
Mevo will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed.
4.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction; or
- Violates any applicable law.
4.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 4.2; or
- Cause or encourage others to do any of the above.
4.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
4.5 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
5. Licenses Granted by You
As between you and Mevo, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Mevo stream your content, you grant Mevo the permissions set forth below.
5.1 Your Video Content
By submitting a video, you grant Mevo permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Distribute the video via our APIs;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 5.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to Mevo and ends when you or Mevo delete it; provided that Mevo may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Mevo in good faith believes that it is legally obligated to do so.
5.2 Account Profile
You grant Mevo permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
5.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 5.1 or 5.2 shall be governed by this Section 5.3 (e.g., text you submit in comments). You grant Mevo a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Mevo on improving or products or services, Mevo may use your suggestions without any compensation to you.
5.4 Scope of Licenses
All licenses granted by you in this Section 5: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Mevo; rather, any breach of a term by Mevo hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
6. Your Obligations
6.1 Representations and Warranties
For each piece of content that you submit to or through Mevo, you represent and warrant that:
- You have the right to submit the content to Mevo and grant the licenses herein;
- Mevo will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Mevo and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
7. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Mevo may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Mevo may, at its option: (a) terminate this Agreement immediately, with or without advance written notice or (b) suspend, delete, or limit access to your account or any content within it. If Mevo deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.2 (Indemnification), Section 8 (Disclaimers), Section 9 (Limitation of Liability), and Section 10 (General Provisions).
MEVO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Mevo makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- Concerning any content submitted by our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) MEVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) MEVO’S TOTAL LIABILITY TO YOU, EXCEPT FOR MEVO’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MEVO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
10. General Provisions
Choice of Law: This Agreement will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Choice of Venue; Jury Trial Waiver: Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in New York County, New York State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, MEVO AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: Mevo reserves all rights not expressly granted herein. Mevo’s rights and remedies are cumulative. No failure or delay by Mevo in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Mevo will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and Mevo are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by Mevo or who is prohibited from registering; any such assignment will be void.
Third Parties: Our Apps may allow you to conduct live streaming through third party platforms. Your use of those platforms is subject to the respective platforms’ terms of service. We make no representations or warranties about such services. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Mevo. If you have a signed agreement with Mevo, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: You must send any notices of a legal nature to us by email or at:
19 Morris Avenue
Brooklyn NY 11205