Terms of use

Your use of the Shiavideo Service implies your acceptance of these Terms of Use including the Data Protection Annex below (and the Standard Contractual Clauses incorporated therein). We ask that You read them carefully.

If You have any questions, please do not hesitate to contact us.

SECTION 1: DESCRIPTION OF THE SHIAVIDEO SERVICE

1.1. Shiavideo (“Shiavideo”, “we”, “us” or “our”) is an original, free shia video hosting website that enables users to access, view, upload, store and share videos. The Shiavideo Service is made up of the Shiavideo website, the Shiavideo video player that is embeddable onto any website (the “Video Player”), the Shiavideo apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the Shiavideo website and/or the Video Player and more generally, any Shiavideo products, content, channels, software, data feeds, services and functionality (“Shiavideo Service”).

1.2. By accessing and/or using the Shiavideo Service, without being logged into a Shiavideo Account, You ("You" or "Your" as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view or share videos available on the Shiavideo Service, but will not be able to benefit from all the other features available on the Shiavideo Service. A “Shiavideo Account” means the video content storage space on the Shiavideo Service which is dedicated to a User (as defined below) on the Shiavideo Service that can be created by signing up for a Shiavideo Account via www.Shiavideo.net.

1.3. If You want to be able to upload videos and access some other features of the Shiavideo Service, You will need to first create a Shiavideo Account and have Your email address validated (see Section 1.4.) at which point You will be a “User.” Note however that after having created Your Shiavideo Account and until You have validated Your email address according to the process defined below, You will be an “Account Applicant” and will not be able to upload videos or access the other features of the Shiavideo Service.

1.4. Information provided by You to create Your Shiavideo Account must be accurate and complete. In order for Shiavideo to verify that the email address You provided is valid, You will receive an email from Shiavideo asking You to validate Your email address.

1.5. By creating a Shiavideo Account, You agree that You alone will be responsible (to Shiavideo and to others) for all activity that occurs under Your Shiavideo Account. The user ID and password which are necessary to access Your Shiavideo Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify Shiavideo of any unauthorized use of Your User ID, password or any other breach of Your Shiavideo Account security.

1.6. As a User, You will also have the ability to access some additional features from the Shiavideo Service, and if and when You have accepted the terms of the Shiavideo Partner Program, You will then be a “Partner” and will have the opportunity to monetize Your Content uploaded on Your Shiavideo Account.

1.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the Terms) on the Shiavideo Service. Any and all elements posted through Your Shiavideo Account on the Shiavideo Service are deemed to be “Your Content”.

1.8. As a User or a Partner, You are expected to be an active part of the Shiavideo community. As such, You also acknowledge that if Your Shiavideo Account remains inactive for a significant period of time, Shiavideo reserves the right to delete, reclaim or remove Your Shiavideo Account in its sole discretion with or without prior notice to You.

1.9. Any and all individuals or entities accessing the Shiavideo Service may be referred hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).

SECTION 2: ACCEPTANCE OF THESE TERMS
2.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity, You signify Your express and unconditional agreement to (1) these terms of use, and (2) all other policies of Shiavideo, including but not limited to the Shiavideo privacy and cookie policies, as accessible at any time from the homepage of the Shiavideo website, and incorporated herein by reference (all collectively, the “Terms”). You may not use the Shiavideo Service if You do not accept or cannot comply with any of the Terms. By using the Shiavideo Service, You acknowledge that You have read and understood the Terms and agree that Shiavideo will treat Your use of the Shiavideo Service as acceptance of the Terms.
2.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, the Terms form a legally binding agreement between You and Shiavideo SA in relation to Your use of the Shiavideo Service. Any reference to “Shiavideo” in the Terms will then always refer to “Shiavideo SA,” whose details are provided here.
2.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, the Terms form a legally binding agreement between You and Shiavideo Inc. in relation to Your use of the Shiavideo Service. Any reference to “Shiavideo” in the Terms will then always refer to “Shiavideo Inc.,” whose details are provided here.
2.3. Shiavideo may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the homepage of the Shiavideo website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the Shiavideo Service. Your continued use of the Shiavideo Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.
2.4. You shall not use the Shiavideo Service if (a) You are not of legal age to form a binding contract with Shiavideo, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Shiavideo Service under the laws of the country in which You are a resident or from which You access or use the Shiavideo Service.
2.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to Shiavideo that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the Shiavideo Service.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire period during which Your Content is hosted on the Shiavideo Service, You grant to Shiavideo the non-exclusive worldwide rights (unless You geoblock certain territories through Your Shiavideo Account), transferable to Shiavideo's Affiliates, to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Shiavideo Service.
“Affiliate” means the other companies within the Vivendi group and the fully-owned subsidiaries of Shiavideo SA (now or in the future).
3.2. By making Your Content accessible on the Shiavideo Service, You agree to allow any Visitors of the Shiavideo Service to view and to share Your Content through the Shiavideo Video Player on or through any declination of the Shiavideo Service, as accessible (online or offline) via any current or future device capable of distributing the Shiavideo Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Shiavideo Service by third-parties (the “Third-Party Video(s)”) available for embedding through the Shiavideo Video Player when on the Shiavideo website (www.Shiavideo.com) and/or when embedded elsewhere may include advertising.
3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Shiavideo shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Shiavideo Service, which is conditioned on Your compliance with the Terms.
4.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the Shiavideo Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Shiavideo Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Shiavideo Material”), is the exclusive property of Shiavideo and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
4.3. Shiavideo Material 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 Shiavideo or Shiavideo's licensors. You agree to not use or exploit the Shiavideo Material 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 Shiavideo Material.
4.4. All rights not expressly granted in the Terms are reserved to Shiavideo and its licensors.