Terms & Conditions


Drizzlez Inc. welcomes you. We are pleased to know that you have decided to access and use the Vid Octopus website (the “Website”) and our mobile app (the “App,” and collectively with the Website, the “Services”).

ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE

We provide our Services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).If you do not agree to any of these terms, then please do not use the Services.

 

AGE RESTRICTION

If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

 

DESCRIPTION OF SERVICES

We provide visitors to the Website (“Visitors”) and registered users of the Services (“Users”) with access to the Services as described in this Agreement.

 

Visitors: Visitors, as the term implies, are people who want to look around and see what the Website is all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

 

Users:

  1. participate in our promotional programs;
     
  2. sign up for alerts and other notifications; and
     
  3. upload, schedule, share and distribute their videos (“User Content”) on supported third-party platforms such as Facebook, YouTube, Dailymotion, Dropbox, etc.

 

We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion

 

AGREEMENT TO USER CONDUCT RULES

You agree to abide by Drizzlez Inc. User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose.
 

By posting information in or otherwise using any communications service, message board, video distribution service, video sharing service or other interactive service that may be available to you on, or through, our website and our mobile app, you agree that you will not upload, post, share or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, video or other information (hereafter "Content") that:

 

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Drizzlez Inc.’s  rules or policies;
     
  2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
     
  3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
     
  4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
     

You also agree that you will not harvest or collect information about the users or members of this Service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger. Drizzlez Inc. generally does not pre-screen, monitor, or edit the content posted by users of our video distribution services, message boards, or other interactive services that may be available on or through this site or our mobile app. However, Vid Octopus and its agents have the right at their sole discretion to stop any content from distribution that, in Vid Octopus's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Vid Octopus is not responsible for any failure or delay in removing such content.
 

You will not access or use the Services to collect any market research for a competing business.
 

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
 

You will not cover, obscure, block, or in any way interfere with any advertisements on the Services.
 

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
 

You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
 

You will not use the Services for any malicious activity, as determined by Drizzlez Inc. in its sole and absolute discretion.
 

Please let us know about any inappropriate behavior. If you find something that violates our Guidelines, please send us an email and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services (or any portion of them) and/or to remove any User Content without notice.

 

SIGN-IN NAME; EMAIL ADDRESS; PASSWORD

If a User does not log in to the Services using a third-party login provider (e.g., Facebook), such User will be required to create an account, which includes an email address (“Email Address”), sign-in name (“Sign-In Name”) and, a password (“Password”), and perhaps certain additional information that will assist in authenticating the User’s identity when he or she logs-in in the future (“Unique Identifiers”). When creating the account, Users must provide true, accurate, current, and complete information. Users are solely responsible for the confidentiality and use of their Sign-In Names, Passwords, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services. A User will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change Users’ Passwords, Sign-In Names, or Unique Identifiers at any time and for any reason. Drizzlez Inc. will not be liable for any loss or damage caused by any unauthorized use of Users’ accounts.

 

THIRD PARTY SITES AND PLATFORMS

Vid Octopus mobile app and website allows you to distribute your videos to different third-party supported video platforms and/or sites. These video sites/platforms may contain information or material that some people may find inappropriate or offensive. These other video sites/platforms are not under Drizzlez Inc.'s control, and you acknowledge that Drizzlez Inc. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of a third-party platform/site where you can distribute your video does not imply endorsement of the site/platform by Drizzlez Inc. or any association with its operators.

 

INTELLECTUAL PROPERTY

The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of Drizzlez Inc. (collectively, the “Service Content”). The Service Content presented to you as part of the Services, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both Finnish and foreign laws. You have no rights in or to the Service Content, and you will not use the Service Content except as permitted under this Agreement. The trademarks, service marks, and logos of Drizzlez Inc. (the “Drizzlez Inc. Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Drizzlez Inc. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Drizzlez Inc. Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Drizzlez Inc. Trademarks inures to our benefit. You will not display or use the Drizzlez Inc. Trademarks, in any manner, without Drizzlez Inc.'s prior permission.

 

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.

 

COMMUNICATIONS WITH US

Although we encourage you to communicate with us, we do not want you to, and you should not, provide us any content that contains confidential information. With respect to all e-mails or other communications you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, improving the Services and the development, production, and marketing of products and services that incorporate such information, without compensation to you.

 

USER CONTENT; PUBLICITY

As noted above, the Services provide Users the ability to share User Content. You expressly acknowledge and agree that YOU, AND NOT DRIZZLEZ INC., ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU SHARE VIA THE MOBILE APP AND WEBSITE.

 

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sub-licensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to: (i) modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use any and all of your User Content, your Sign-In Name, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised on, through, or in connection with the Services; and (ii) use your name and Sign-In Name, to advertise, market, and promote Drizzlez Inc. and the Services by any means, methods, media, or technology now known or hereafter devised.
 

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section (including the permissions of anyone depicted in your User Content and the appropriate music licenses), and that it and its use by Drizzlez Inc. and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, moral rights, privacy rights, or publicity rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Guidelines.

 

NO WARRANTIES/LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DRIZZLEZ INC. SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

 

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INTERNATIONAL USE

Drizzlez Inc. makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Drizzlez Inc. shall not have any liability with respect to such use.

 

EXTERNAL SITES

The Services may contain links to third-party websites or may otherwise allow you to gain access to third-party websites (“External Sites”). These links and/or access to such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold the Drizzlez Inc. and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees harmless from and against any claims, actions, suits, proceedings, or demands (collectively, “Claims”), including, without limitation, reasonable legal and accounting fees, arising or resulting from your User Content, your breach of this Agreement, and/or your access to, use, or misuse of the Services. We shall provide notice to you of any such Claim and shall assist you, at your expense, in defending any such Claim. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the Finland. We make no claims concerning whether the Services or the Content may be used or are appropriate for use outside of the Finland. If you access the Services from outside of the Finland, you do so at your own risk. Whether inside or outside of Finland, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

These Terms of Use shall be governed by and construed in accordance with the laws of the Finland, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the District courts of Espoo, Finland and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Drizzlez Inc. with respect to this Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Drizzlez Inc. with respect to this Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. You acknowledge that Drizzlez Inc. shall not be liable to you or any third party for any termination of your access to this Site or service.