These Terms govern your access to and use of PortalVu, operated and provided by PortalVu Inc., including any PortalVu mobile applications and websites (“PortalVu Services” or “PortalVu”) and any videos, information, text, photos or other materials uploaded, downloaded or appearing on PortalVu (hereby referred to as “Content”). Your access to and use of PortalVu is conditioned on your acceptance of and compliance with these Terms. By accessing or using PortalVu Services you agree to be bound by these Terms.
1. Fundamental Terms
These terms are effective on the day of their publication on www.PortalVu.com/termsofuse , and upon your subscription to PortalVu Services. You are responsible for your use of PortalVu Services, for any Content you post to PortalVu, and for any consequences thereof. The Content you submit, post, or show will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms. If you are accepting these Terms and using PortalVu on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use PortalVu only in accordance with these Terms and all applicable laws, rules and regulations, established by the presiding and general jurisdictions. PortalVu Services are subject to changes in form and nature of its activities and may at any given time stop providing some and any of its services and features, while also retaining the right to create limits on use and storage at our sole discretion without prior notice to you.
The PortalVu Privacy Statement governs our collection and use of your information. Through your use of PortalVu you consent to the collection and use of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by PortalVu Inc. As part of providing you the PortalVu Services, we may provide you with certain communications, such as service announcements and updates, and administrative messages (via email, direct message through the PortalVu platform, and other applicable means). These communications are considered part of the PortalVu Services and your PortalVu account, which you may not be able to opt-out.
3. Rights and Responsibilities as a User
PortalVu is made available to you and other users, with the use of a license provided by you. When you upload, create, or post Content on or through PortalVu, you grant us a worldwide, non-exclusive, royalty-free license that may be sublicensed, to use, copy, reproduce, process, adapt, modify, publish, transmit, and display such Content in any and all media or distribution methods. You agree that this license includes the right for PortalVu Inc. to provide, promote, and improve PortalVu and to make Content submitted on the platform available to other companies, organizations or individuals who partner with PortalVu Inc. for the broadcast, distribution, or publication of the Content on other media and services. These additional uses with third parties, or PortalVu Inc. itself may be made with no compensation (of monetary value or in kind) to you. You are responsible for your use of PortalVu, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability for which PortalVu Inc. will not be held responsible.
4. License to Use PortalVu
PortalVu, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (Web and App platforms) that is provided to you by PortalVu, Inc. as part of the PortalVu Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of PortalVu as provided by PortalVu, Inc., in the manner permitted by these Terms.
5. Access and Content
You are responsible for safeguarding the credentials you use to access PortalVu and for any activities or actions under your account. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols with any account that you may use to connect to your PortalVu account. PortalVu Inc. will not take responsibility for the misuse of these credentials on your part or any of the outcomes of it. This includes content posted, displayed, or created on your behalf, as well as its distribution. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may at our discretion, but are not required to monitor or control the Content posted via PortalVu and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via PortalVu or obtained by you through PortalVu is at your own risk. By using PortalVu, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or misleading. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via PortalVu or endorse any opinions expressed via PortalVu. PortalVu, Inc. will not be liable in any way for Content, including, but not limited to, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content distributed or made available via PortalVu or third party broadcast. PortalVu encourages you to report any Content that violates Community Guidelines to ensure we keep the integrity of PortalVu Services and their Content.
6. PortalVu Rights and Restrictions
All right, title, and interest in and to PortalVu Services (excluding Content provided by users) are and will remain the exclusive property of PortalVu, Inc. and its licensors. All applicable laws, including Copyright and Trademark, rules and regulations, established by the presiding and general jurisdictions protect PortalVu Inc. and PortalVu Services. You acknowledge and agree that any recommendations in the form of feedback, comments, or suggestions you provide regarding PortalVu Services is voluntary and will be used fully at our discretion. We reserve the right at all times to remove or refuse to distribute any Content on PortalVu, and to suspend users, permanently or temporarily. We also reserve the right to collect, access, and share, or disclose any information or Content provided by you as is necessary to (i) satisfy applicable laws, regulations, legal processes or governmental requests, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) deal with fraud, or security, (iv) respond to user support requests and technical support, or (v) protect the rights, property or safety of PortalVu, Inc., its users and the public. Any violation of the Community Guidelines or Terms, whether in the Content or misuse of PortalVu Services will result in the removal or disabling of your account. You may not do any of the following while accessing or using PortalVu: (i) access, tamper with, or use non-public areas of PortalVu Services, PortalVu’s network systems, or the technical delivery systems of PortalVu’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search PortalVu Services by any means other than through our currently available, published interfaces that are provided by PortalVu, Inc., unless you have been specifically allowed to do so in a separate agreement with PortalVu, Inc.; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use PortalVu Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing PortalVu Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on PortalVu Services.
7. Copyright Policy
PortalVu, Inc. respects the intellectual property rights of others and expects users of PortalVu Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) 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 copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, PortalVu will also terminate a user’s account if the user is determined to be a repeat infringer.
9. General Terms
Termination of these Terms
The Terms will continue to apply until terminated by either you or PortalVu, Inc. as follows. You may end your legal agreement with PortalVu, Inc. at any time for any reason by deactivating your accounts and discontinuing your use of PortalVu. We may suspend or terminate your accounts or cease providing you with all or part of PortalVu Services at any time for any reason, including, but not limited to: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of PortalVu Services to you is no longer commercially feasible. We will make efforts to notify you through the PortalVu Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
Waiver and Severability
The failure of PortalVu, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Governing Laws and Jurisdiction
The laws of the Province of Ontario, Canada without regard to or application of its conflict of law provisions or your state or country of residence will govern these Terms and any action related thereto. All claims, legal proceedings or litigation arising in connection with PortalVu Services will be brought solely in the federal or provincial courts located in the city of Toronto, Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Agreement Revision and Modification
We may revise these Terms from time to time, and the most current version will always be at www.PortalVu.com/termsofuse If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us. By continuing to access or use PortalVu Services after those revisions become effective, you agree to be bound by the revised Terms.
PortalVu encourages you to share your life in the moment with anyone, anywhere. PortalVu reserves the right to allow sensitive content when it is considered artistic, educational, or newsworthy. To keep the stories users create as well as the integrity of its mission, PortalVu has guidelines regarding content and usage of the platforms as follows:
-Do not post pornographic or overtly sexual content
-Do not publish explicitly graphic content or media with the intention to encourage violent, illegal or dangerous activities.
-Graphic content includes, and it is not limited to, physical or bodily harm to people or animals, sexual abuse of children or adults, violence, or public display of private content belonging to other users without their consent
-Be respectful to other users. This includes abuse or harassment through posting offensive or private and confidential content and information.
-Do not post Private information Private information includes and is not limited to credit card information, contact information not made public by its owner, social security or national identification numbers, and videos considered private under the applicable laws
-Do not practice deception and impersonation: Any activity or use of information intended to deceive, mislead, or confuse others may only be used when its intent is clear and labeled as such. This includes parody, commentary, and fan accounts
-Spam and phishing are considered serious offenses and may result in the permanent suspension of accounts incurring in these practices. This includes:
- Publishing or linking to malicious content intended to damage or disrupt another user’s account or device, or to compromise a user’s privacy or login information
- Serial Accounts: creating serial accounts for disruptive or abusive purposes
- Purchasing or selling PortalVu accounts
- Invitation Spam: repeatedly following and unfollowing people
- Broadcast Spam:
o Broadcasting for the sole purpose of directing users to an external site or service
o Posting deliberately misleading broadcast titles
o Using serial accounts to increase virality of broadcasts
o Posting unsolicited comments with the intention to advertise a service, link, or product
o Using or promoting third-party sites or services that claim to get you more followers
When copyright infringement occurs, PortalVu users may report it and we will comply with the applicable laws. In order for PortalVu to investigate the allegations, we require the following information on and about the content in question:
-A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
-Identification of the copyrighted work claimed to have been infringed;
-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 us to locate the material:
o Title of broadcast
o Date, time, and location
o Broadcast URL
o Any other information you deem proof of copyright and ownership
-Your contact information, including your address, telephone number, and an email address;
-A statement by you 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;
-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 copyright owner
PortalVu reserves the right to remove content we deem in violation of any of the above guidelines without notice and at our sole discretion. We also reserve the right to deem some sensitive content allowable when considered relevant and enriching to a story or theme. Repeated infringement of the guidelines will result in the termination of a user's account or the removal of a content thread.