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Terms of Use

1. Acceptance of Terms

Welcome to the Kaltura Network of content, the Kaltura hosted service (referred to herein as the “Service”) and the Kaltura Website. Your use of the Service and Website, and your access to and use of the Kaltura Network of content is subject to the following terms and conditions (the "Terms of Use", and “Terms”) and to the terms and conditions of Kaltura's privacy policy, which is published at http://corp.kaltura.com/privacy-policy, and which is incorporated herein by reference.

By using and the Service or visiting this website (referred to herein interchangeably as the "Kaltura Website", or "Website"), and by accessing or using the Kaltura Network (including, without limitation, all content available through the Website, or through a partner sites via an Application Programming Interface (“API”), you signify your assent to these Terms of Use.  You may not use the Service, Website, and/or Kaltura Network if you do not accept these Terms of Use.  Any new features or tools that are added to the Service, Website, and/or Kaltura Network shall also be subject to these Terms of Use.  

Kaltura reserves the right to update and change the Terms of Use from time to time without notice.  Any updates or changes will be effective immediately upon posting of the revisions on http://corp.kaltura.com/terms-of-use, and you waive any right you may have to receive special notice of such updates or changes. Your continued use of the Service, Website, and/or Kaltura Network following any update or change of the Terms of Use will signify your acceptance of such revised terms. It is your responsibility to frequently review the Terms of Use for any updates or changes that may impact you. If you do not agree to the revised terms, you must stop using the Service, Website, and/or Kaltura Network.

2. Kaltura Website

These Terms of Use apply to all users of the Kaltura Website, including users who contribute video content, information, and other materials, skills or services via the Website, as well as users who access the Kaltura Network and/or Service through partner sites, via an API. The Kaltura Website may contain links to third party websites that are not owned or controlled by Kaltura. Kaltura has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, Kaltura will not, and cannot, censor or edit the content of any third party site. By using the Website, you expressly release Kaltura from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Kaltura Website and to read the terms and conditions and privacy policy of each website that you visit.

3. Website Access

A. Kaltura hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you use the Website only for personal, internal, noncommercial purposes (please contact commercial@kaltura.com regarding the terms of a commercial license); (ii) you refrain from copying or distributing any part of the Website in any medium without Kaltura's prior written authorization; (iii) you refrain from modifying any part of the Website, other than as permitted according to the site’s general user interface and the Website’s purpose; and (iv) you otherwise comply with these Terms of Use.

B. In order to access some features of the Website and/or the Service, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kaltura immediately of any breach of security or unauthorized use of your account. (Please contact security@kaltura.com to report any problems.) Although Kaltura will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kaltura or others due to such unauthorized use.



C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or similar tools, that accesses the Website in a manner that sends more request messages to the Kaltura servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Kaltura grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kaltura reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including, without limitation, account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submitted Media.

4. Intellectual Property Rights

A. The content on the Kaltura Website, except all User Submitted Media (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (together "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kaltura, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

B. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kaltura reserves all rights not expressly granted in and to the Website and the Content.



C. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.



D. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.



E. You agree not to circumvent, disable or otherwise interfere with security related features of the Kaltura Website and/or Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kaltura Website or the Content therein.

5. User Submitted Media

A. The Kaltura Website may now or in the future permit the submission of videos, photos and other forms of media, submitted by you and other users ("User Submitted Media") and the hosting, sharing, importing, editing, remixing, and/or publishing of such User Submitted Media. You understand that whether or not such User Submitted Media is published, Kaltura DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.

B. You shall be solely responsible for your own User Submitted Media and the consequences of posting or publishing it. In connection with User Submitted Media, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions, patents, trademarks, trade secrets, copyrights or other proprietary rights to use and authorize Kaltura, and other users of the Kaltura Website to include and use your submitted media in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submitted Media to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submitted Media in the manner contemplated by the Website and these Terms of Use.



C. You retain all ownership rights in your User Submitted Media.



D. By submitting User Submitted Media to the Kaltura Website you hereby grant (or warrant that the owner of such rights has expressly granted) Kaltura, other users of the Kaltura Website, and others, a non-exclusive right to use, reproduce, publicly perform, distribute display, remix, excerpt, adapt, transcode, create derivative work from, and use in connection with advertising, promotional or commercial purposes your User Submitted Media pursuant to the terms and conditions of the Creative Commons "Attribution-ShareAlike 3.0" license located at http://creativecommons.org/licenses/by-sa/3.0/ (the "Creative Commons BY-SA License").  The foregoing license grant shall be non-revokable.



E. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kaltura all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kaltura or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. 

F. Kaltura does not endorse any User Submitted Media or any opinion, recommendation, or advise expressed therein, and Kaltura expressly disclaims any and all liability in connection with User Submitted Media. Kaltura does not permit copyright infringing activities and infringement of intellectual property rights on its Website or in connection with any use of the Service, and Kaltura will remove all Content and User Submitted Media if properly notified that such Content or User Submitted Media infringes on another's intellectual property rights. Kaltura reserves the right to remove Content and User Submitted Media without prior notice. Kaltura will also terminate a User's access to the Website and/or Service if Kaltura concludes, in its sole discretion, that such User is a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Submitted Media removed from the Website more than twice. Kaltura also reserves the right to decide whether Content or User Submitted Media is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Kaltura may remove such User Submitted Media and/or terminate a User's access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion.



G. If you are a copyright owner or an agent thereof and believe that any User Submitted Media or other content on the Website or displayed via the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Kaltura with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Kaltura to locate the material;
  1. Information reasonably sufficient to permit Kaltura to contact you, such as an address, telephone number, and, if available, an electronic mail;
  1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Kaltura's General Counsel is designated to receive notifications of claimed infringement at the following address: Kaltura, Attn: General Counsel, 5 Union Square West, Suite 602 New York, NY 10003, email: legal@Kaltura.com. For clarity, only DMCA notices should go to the General Counsel; any other feedback, comments, requests for technical support, and other communications should be directed to Kaltura customer service through the ‘report’ button that is available for all User Submitted Media viewing pages, as well as for user profile pages. You acknowledge that if you fail to comply with any of the requirements of this Section, your DMCA notice may not be valid.

H.  You understand that when using the Kaltura Website, you may be exposed to User Submitted Media from a variety of sources, and that Kaltura is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Media. You further understand and acknowledge that you may be exposed to User Submitted Media that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kaltura with respect thereto, and agree to indemnify and hold Kaltura, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

I.  Kaltura permits you to link to materials on the Website for personal, non-commercial purposes. In addition, Kaltura provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Kaltura Website. In addition Kaltura may provide now or in the future, the ability to access its content or User Submitted Media in a programmatic manner using APIs and related services. Use of the Embeddable Player, API and related services is provided so long as any links back to the Kaltura website are not disabled. Kaltura reserves the right to discontinue any aspect of the Kaltura Website, including streaming of content to the Embeddable Player, and calls to the API or related services at any time.

 

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KALTURA WEBSITE, SERVICE, AND/OR NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KALTURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. KALTURA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KALTURA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KALTURA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL KALTURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SERVICE, AND/OR THE KALTURA NETWORK, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KALTURA’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KALTURA SHALL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.



The Website is controlled and offered by Kaltura from its facilities in the United States of America. Kaltura makes no representations that the Kaltura Website is appropriate or available for use in other locations. Those who access or use the Kaltura Website from other jurisdictions do so of their own volition and are exclusively responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Kaltura, its subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website, Service and/or Kaltura Network; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submitted Media caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of these Terms of Use.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Kaltura Website and Service are not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Kaltura Website or Service—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kaltura without restriction.

11. General

You agree that: (i) the Website, Service, and Kaltura Network shall be deemed solely based in the State of New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kaltura, either specific or general, in jurisdictions other than in the State of New York.  These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Kaltura that arises in whole or in part from the Website, Service, and/or Kaltura Network shall be decided exclusively by a court of competent jurisdiction located in the State of New York. These Terms of Use, together with the Privacy Notice at corp.kaltura.com/privacy and any other legal notices published by Kaltura on the Website, shall constitute the entire agreement between you and Kaltura concerning the Website, Service, and/or Kaltura Network. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kaltura's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Your use of the Website and/or Service following any amendment of the Terms of Use will signify your assent to and acceptance of its revised terms.

YOU AND KALTURA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICE, AND/OR KALTURA NETWORK MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Updated January 22, 2014