BY USING OR VISITING THIS WEBSITE (together with all Content available through the Metacafe.com domain name and other sites owned, operated or controlled by Metacafe, Inc., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) METACAFE'S PRIVACY POLICY at www.metacafe.com/privacy/. In addition, if you submit Content through the Producer™ Program or the Producer Rewards™ Program, you signify your assent to their additional terms & conditions. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, or the Terms & Conditions for the Producer Program or the Producer Rewards Program, then please do not use the Website.
The Website may contain links to third party websites that are not owned or controlled by Metacafe. Metacafe is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Metacafe will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Metacafe from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Metacafe. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Metacafe's prior written consent. Metacafe reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
Metacafe respects the intellectual property rights of others, and requests you to do the same. Metacafe does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Metacafe will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Metacafe reserves the right to remove Content without prior notice. Metacafe will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Metacafe may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Metacafe's Copyright Agent the following information:
Metacafe's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Metacafe, Inc.
537 Hamilton Avenue
Palo Alto CA, 94301
By fax: 1 650 644 0453
By email: CR-agent@metacafe.com
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If Metacafe accepts the Producer Rewards Submission into the Producer Rewards program, Metacafe will pay you $2.00 (in US dollars) for each 1000 times the Producer Rewards Submission is viewed on www.metacafe.com or through a Metacafe player embedded on a third party website by a user whose IP address is within the United States, as measured and determined by Metacafe. Metacafe will pay you within approximately 30 days after the end of each month for Producer Rewards Submissions viewed during the previous month. If your payment for any given month would be less than $100, Metacafe may hold payment to you until the amount due is equal to or exceeds $100. Payment is in U.S. Dollars
Metacafe may change the rate of payment under the Producer Rewards program at any time upon five United States business days notice to you. Metacafe may remove your Producer Rewards Submission from the Producer Rewards Program at any time without notice to you, which will terminate all further payment obligations other than payment for views of the Producer Rewards Submission prior to its removal from the Producer Rewards Program.
You are solely responsible for reporting and paying any applicable tax or tariffs on the payment. If Metacafe determines that it is required to report payments to you to the taxing authority in any jurisdiction, you hereby consent to such reporting and agree that your video will not be deemed accepted into the Producer Rewards Program and no payments will be made to you until you have provided any information or forms necessary for Metacafe to file such report, such as your social security number and address. Metacafe may withhold from payments any taxes that it is required to withhold under applicable law. Additional requirements may be necessary with respect to producers located outside of the United States and Metacafe may request additional representations from such producers at any time.
If you think that a mistake has occurred in a payment, you must contact Metacafe’s support desk within 30 days of receipt of payment. No requests for evaluation of payment errors will be considered more than 30 days after receipt of payment.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, METACAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. METACAFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR 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 THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. METACAFE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND METACAFE 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.
IN NO EVENT SHALL METACAFE, 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) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METACAFE 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 METACAFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Metacafe, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Metacafe without restriction.
You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Metacafe, either specific or general, in jurisdictions other than the State of New York. These Terms & Conditions 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 Metacafe that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in New York, New York. These Terms & Conditions, together with the Privacy Policy at www.metacafe.com/privacy/ and one of the following two terms and conditions: (A) Terms for Submission to Producer Rewards; and (B) Terms for Submission to Producer Program, and any other legal notices published by Metacafe on the Website, shall constitute the entire agreement between you and Metacafe concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Metacafe reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND METACAFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE METACAFE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: November 2008.
You want to upload some videos? We love that! After all, uploading short flicks to Metacafe is one of the five greatest things you can do in the world.
First, there are some rules to follow. We know, you hate rules, but they exist to keep Metacafe from devolving into chaos and becoming another business horror story. So here you go (take notes, we'll be testing you later):
Producer Rewards Terms and Conditions
So you also want to make money in our Producer Rewards program? Now you're talking! But in order to play with the big kids, you've got to follow a few more - yes - rules. Even the great rebel filmmakers, like Quentin Tarantino and Robert Rodriguez had to follow rules to get where they are today. So listen up...
How easy was that? But sorry, all those views your video got before it entered the program don't count. Your Producer Rewards views begin to count the instant you hit that "Submit" button.
If you think your copyright has been infringed, click here to find out how to make a claim.
We built Metacafe to be a creative community buzzing with energy. (We love a great buzz.) So we've established a few house rules to keep it going:
We hate playing cops - it takes time away from watching videos and building a killer site - so we hope this little statement does the job of keeping the Metacafe buzz going and growing.