Vimeo Terms of Service

DATED 2020-01-30 · VERSION 20200202_rev01 · COMPARED WITH 20200101_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20200101_rev01 to 20200202_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1		Last Updated: December 12, 2019
	1	Last Updated: January 30, 2020
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3	3	This Vimeo Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between Vimeo, Inc. ("Vimeo," "we," "us," or "our") and you, our customer ("you" or "your"). This Agreement governs your use of Vimeo.com and our VIMEO®-branded online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the "Services").
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5	5	Notice: Section 11 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or Vimeo could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
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7	7	## Content
39	39	- Use all related functionality that we may provide.
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41	41	Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
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43	43	Unlimited Bandwidth Fair Use Policy: We provide self-serve users with unlimited bandwidth for standard uses of our embeddable video player for all accounts that are below the 99th percentile of bandwidth usage.
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45		If your account (or group of jointly-controlled accounts) is within the 99th percentile of bandwidth usage for self-serve accounts for any calendar month, then you must (a) upgrade to an Enterprise plan within thirty (30) days after receiving written notice from Vimeo; or (b) pay overage fees (based upon Vimeo's then-current rates) starting on the day you receive written notice from us. If you elect to do neither, Vimeo may terminate your account upon ten (10) days' written notice. Subject to your compliance with this Agreement, you will be entitled to a pro-rata refund for the unused portion of the subscription term, if any.
	45	If your account (or group of jointly-controlled accounts) is within the 99th percentile of bandwidth usage for self-serve accounts for any calendar month, then you must upgrade to an Enterprise plan. If you fail to do so, Vimeo may terminate your account upon ten (10) days' written notice. Subject to your compliance with this Agreement, you will be entitled to a pro-rata refund for the unused portion of the subscription term, if any.
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47	47	We may restrict bandwidth or charge extra for the following uses of our player or video hosting tools (which should generally occur via our APIs (as defined below)): (1) plays on third-party sites without using our embeddable video player; (2) plays within third-party apps (e.g., mobile or connected TV apps); (3) plays when our player is connected to a third-party payment solution; or (4) plays when our player is connected to a third-party advertising solution.
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49	49	Video Creation Tools: We may allow you to use Vimeo Create, our video creation tools. Your use of Vimeo Create is governed by our [Vimeo Create Addendum](https://vimeo.com/vimeo-create-addendum).
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51	51	Transactions: We may offer digital goods for sale. Purchases of Vimeo On Demand videos are governed by our [Vimeo On Demand Viewer Agreement](https://vimeo.com/vodvieweragreement). Purchases of Vimeo Stock footage and licenses are governed by our [Vimeo Stock License Agreement](https://vimeo.com/stock/standardlicense).
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161	161	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.
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163	163	### 5.6 Accessibility and Ratings
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165	165	We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
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166	167	We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.
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168	169	## 6\. Licenses Granted by You
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170	171	As between you and Vimeo, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Vimeo to host and stream your content, you grant Vimeo the permissions set forth below.
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