FC2 Video Application (iOS) Terms of Use

General Provisions
The FC2 Video Application (iOS) Terms of Use ("Terms of Use") constitutes an agreement with FC2, INC. ("FC2") the provider of the FC2 Video Application (iOS) ("FC2 Video App") to clearly outline and optimise management procedures. Those wishing to register to use the FC2 Video App, consent to the terms within the Terms of Use when applying to register to use an FC2ID. Those registered to use an FC2ID ( "Member" of "Members"), or all persons including Members who may potentially use the FC2 Video App ("User(s)") consent to holding full liability. Users and Members agree to these Terms of Use and the Terms of Use for each Service upon using Our Services.
1.Privacy Policy
Please click here to learn about our privacy policy.
2.Service
FC2 Video is a service that allows Users to store and/or stream text, images or audio files that have been created and uploaded by the User to the FC2 Video App provided by FC2. FC2 Video consists of a free version and fee-incurring premium membership version.
3.Using our Services
  1. FC2ID Application and Consent
    An FC2ID application constitutes FC2 lending a User ID and password, necessary for use of the FC2 Video App. However, in the event that information supplied by the Member during application contains false information, or in the event that FC2 concludes that a Member's use of FC2ID as inappropriate, FC2 retains the right to cancel an Member's FC2ID, even after an application has been approved. FC2 is not obligated in any way to notify the Member of why FC2ID use was deemed to be inappropriate.
  2. Notifications and Contact
    FC2 shall notify Members of necessary information via methods deemed to be suitable by FC2, including through FC2's websites or sending e-mails. Notifications shall take effect the moment they are sent by e-mail or over our website. Members do not retain any rights to refuse e-mail notifications from FC2 and members are obligated to update their contact e-mail address immediately if there are any changes to their e-mail address. In principle, FC2 will not accept or reply to phone calls, fax or visitations. All notices which require replies must be replied to within a period specified by FC2. If FC2 does not receive a confirmed reply within this period, FC2 retains the right to terminate and/or delete a member's account(s).
  3. Registered E-mail Address, Member ID and Password
    Members are held fully responsible for the management of their registered e-mail address, member ID and password and FC2 will bear no responsibility regarding circumstances such as operation misses or unauthorized use. Furthermore, FC2 is not obligated to reissue a member's e-mail address, ID or password.
  4. Transfer and Sales of Service Privileges
    Users are in no way permitted to sell, transfer or loan their FC2ID and/or service privileges to a third party without expressed approval from FC2, nor may these be shared in a way that detriments FC2.
  5. Access
    All Members and Users are required to have internet access in order to use their FC2ID. Internet access shall be installed and maintained at the Member and/or User's own expense. FC2 is in no way responsible for arranging internet access for users.
  6. Traffic and Domain
    FC2 retains the right to set and alter limitations to files sizes, savable domain space and data transfer on its services, where otherwise undefined, and may do so at FC2's own discretion.
  7. User Content
    Members retain copyright and other privileges for all original, accessible information and creations on the FC2 Video App ("User Content" or "Content"). Furthermore, Members shall confirm and guarantee that they have and agree to rights and licenses regarding uploaded content. All User Content may be edited, translated, published, performed, presented, promoted, distributed or used for any other reason by FC2 unconditionally. Users shall consent to the fact that this is essential for the continual running of FC2 Services.
  8. Third Party Contents
    If Users and/or Members utilize a service(s) provided by a third party individual or company through the FC2 Video App, an agreement separate to the Terms of Use between the User and/or Member and the third party individual or company shall be applicable. The Terms of Use will bear no legal effect on said separate agreement.
4.Prohibited Conduct and Bans
  1. FC2 expressly prohibits the following conduct, or any corresponding conduct as determined by FC2, on Our Services. FC2 retains the right to ban, without warning, any Member and/or User who has engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any Member/and or User who caused any form of damage to FC2 or a third party. For more information click Copyright Guidelines.
    1. Violations of these Terms of Use,
    2. Breaching the trust of, or defaming other Users or third parties. Infringing others' Privacy rights, Image rights, etc.,
    3. Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights,
    4. Uploading or posting unlawful content, and/or supporting illegal activity including but not limited to causing injury, suicide, using illicit substances, burglary, etc.,
    5. Content which violates local, regional, national, or international law; in particular that which violates US law,
    6. Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act,
    7. Hindering, interfering with, disturbing or blocking the use of the FC2 Video App to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act,
    8. Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act,
    9. Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts
    10. Impersonating FC2, content providers or management, or any other third party,
    11. Posting or disseminating information that could tarnish or defame the name or credibility of FC2 or FC2's business partners.
    12. Acting in such a way as to place burden on FC2's server(s); disrupting, damaging, limiting or interfering with FC2's or others' computer software, hardware capabilities etc. or assisting in such an act,
    13. Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts,
    14. Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (eg. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct,
    15. Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people,
    16. Using the FC2 Video App as a medium to do illegal business or commit conduct that runs counter to the law,
    17. Engaging in malicious business practices, or excessive solicitation to advertisements or religion,
    18. Establishing or recruiting people into pyramid schemes or other similar acts,
    19. Selling or attempting to sell the FC2 Video App to a third party,
    20. Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing the FC2 Video App from operating as intended,
    21. Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services,
    22. Engaging in conduct that is detrimental to FC2 through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunctions, etc.,
    23. Acting by deleting or concealing FC2's advertising space, or altering the position, color, size, code or other such properties of advertisements,
    24. Engaging in any other action which FC2 deems to be inappropriate.
  2. Users and/or Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on FC2 Server(s).
  3. FC2 retains the right to deem what counts as a violation.
5.Disclaimer
FC2 will not be liable for any of the following:
  1. FC2 is in no way liable or responsible for content that users create themselves on Our Service(s) (Hereby referred to as "User Content" or "Content".) Users retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libellous, defamatory or intimidating content; and/or immoral or obscene content is the full responsibility of the User to delete swiftly. FC2 does not take responsibility for any User Content, and is not responsible to Users or third parties whatsoever.
  2. FC2 also does not guarantee the continuation of any of Our Service(s) whatsoever, Our Service(s) may be terminated suddenly at any time. FC2 retains the right to discontinue any or all of our services without forewarning, or to convert previously free services into premium services. FC2 also retains the right to deny use, without forewarning, in particular cases.
  3. FC2 cannot be held accountable for any trouble experienced using the FC2 Video App. Members are responsible for managing their content. As such, if Users and/or Members are in anyway harmed or experience damage or loss due to another Member's Content, FC2 is in no way responsible for compensation. This is especially true for Members engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other Users. All Users engaged in business, using FC2 Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and the other party.
  4. FC2 is not obligated to monitor or delete User Contents. Users retain all responsibility for all of their Content. FC2 is not accountable for any damage or loss caused to Users or third parties due to any such Content.
  5. In such cases where a User is causing damage or harming other Users and/or third parties; FC2 retains the right to, and shall not be held liable for, deleting and/or freezing the applicable User's ID and/or Contents, without forewarning at FC2's own discretion.
  6. FC2 shall not be held responsible for any loss of data due to system failure or file corruption, etc. Users shall take their own backup of data relating to User Content. FC2 shall not guarantee the integrity and security for any User Content data, in any way.
  7. FC2 will not disclose any personal information disclosed by Members/Users, such as address, name, e-mail address, telephone number, fax number, etc. ( "Personal Information") to other Users or third parties without the consent of the User. However, in the following cases, FC2 retains the right to disclose Personal Information to third parties:
    1. Public institutions such as courts or the police, lawfully appeal for an inquiry,
    2. The possibility of imminent danger to a person's life, physical well-being, and/or property; and other cases in which FC2 finds an urgent need to disclose the information,
    3. The sharing or disclosure of information is found to be necessary by FC2 to provide desired Service(s),
    4. FC2 finds it necessary to disclose the information to other company(s) working with us, to better provide Service(s) to Users. (Such companies may not use Users' Personal Information, that FC2 provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
    5. FC2 finds it necessary to disclose such information in order to protect FC2's legal rights, property and/or Service(s); due to actions or conduct conducted by a User or Member in violation of these Terms of Use,
    6. FC2 finds it necessary to disclose such information in order to protect a third party's legal rights, property and/or Service(s); due to actions or conduct conducted by a User or Member in violation of these Terms of Use which violated the third party's legal rights, property and/or Service(s),
    7. FC2 finds it necessary to disclose such information in order to restore or prevent a reduction in FC2's SEO, Service Quality, etc. due to actions or conduct by a User or Member.
  8. FC2 accepts no responsibility for any damage or losses incurred to Users accessing external links posted on the FC2 Video App or in a User's Content. All Users must acknowledge that FC2 can not be held accountable for the security, validity, integrity or accuracy of the information on any external sites.
  9. In the case that a Member creates merchandise and/or other saleable Content on Our Services which violates the Terms of Use, FC2 shall not be liable for the freezing of the offending User's contents or the refunding of money to purchasers.
  10. FC2 takes no responsibility for any damages or losses incurred from Users using the FC2 Video App, Users not being able to use the FC2 Video App or Users not using the FC2 Video App.
  11. The FC2 Video App is managed and provided by FC2 from equipment within the United States of America. FC2 makes no assertion to the appropriateness or usability of Our Services in regards to their use in regions outside the United States of America. In the event that a User accesses from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.
6.Affiliates
FC2 Video has an affiliate system where Members can receive remuneration.
  1. Affiliate terms of use and utilization shall be in accordance with FC2 Help.
  2. Members can claim set remuneration in accordance with price regulations, remuneration regulations and/or methods set by FC2. FC2 shall deduct a set fee from remunerations to be paid.
  3. Affiliate system's terms of use shall be in accordance with FC2 Premium Service Terms of Use / FC2 Point Terms of Use.
  4. Remuneration can only be claimed on a computer. The FC2 Video App does not support the affiliate system.
7.Withdrawal
  1. Members can cancel their usage of the FC2 Video App by completing withdraw procedures via the control panel.
  2. When you withdraw from FC2ID, you will lose any and all rights such as to use all FC2 Services including getting prizes in campaigns by FC2.
  3. FC2 shall not support any reinstatement of any of the FC2 Video App after cancellation of the Services.
8.Discontinuation of FC2 Service(s)
  1. FC2 retains the right to modify Our Service(s) without forewarning Users.
  2. FC2 may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies may not be able to.
  3. FC2 retains the right to modify Service(s), or partially or completely discontinue Service(s) at FC2's discretion, at any time FC2 deems appropriate. When or after a Service(s) is discontinued or erased, FC2 retains the right to deem whether or not to erase all posted data on FC2 servers (or third party servers used by FC2).
  4. FC2 is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.
9.Guarantee Limitations
FC2 will continue to take all efforts to maintain stability in Our Service(s), business practices, use and effects of use. However, FC2 does not guarantee any of the following:
  1. Continual operation. Operation of Service(s) without interruption,
  2. Total or complete recovery or restoration of any Service(s) that experiences a defect or bug,
  3. That destructive and/or malicious components such as computer viruses do not exist within Our Service(s),
  4. Provision of security methods to secure against the above 3 items.
10.Force Majeure
FC2 can not be held accountable for not meeting, or being delayed in fulfilling the obligations in these Terms of Use, including but not limited to, cases of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of FC2 to control.
11.Disputes
  1. The laws of Nevada, USA are applied to the Terms of Use.
  2. Any disputes resulting from the use of the FC2 Video App, will be resolved through arbitrary proceedings recognized by the state of Nevada.
  3. If a resolution cannot be made through arbitration, a Nevada State District Court shall receive exclusive jurisdiction rights.
  4. The parties concerned are responsible for their own legal costs in court and arbitration.
  5. If any clauses in the Terms of Use are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.
12.Advertising
  1. All business related to the placing advertising on the FC2 Video App is the responsibility of Users and corresponding advertisers. FC2 bears no responsibility for any losses or damages suffered, due to the posting of advertising on the FC2 Video App.
  2. Users and Members shall agree to acknowledge that FC2 may modify advertising space, position and/or display duration without forewarning.
13.Revision of Terms of Use
  1. FC2 retains the right to alter or revise these Terms of Use at any time, as FC2 deems necessary, without the consent of Users.
  2. New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web.
  3. The latest version of these Terms of Use shall be deemed to have been agreed to while FC2 is still being used.

v1.1 (2014/08/25)