- Welcome to Vialog!
- Community Guidelines
- Contact Us
- 1. Who Can Use the Services
- 2. Rights We Grant You
- 3. Rights You Grant Us
- 4. The Content of Others
- 5. Privacy
- 6. Respecting Other People’s Rights
- 7. Respecting Copyright
- 8. Safety
- 9. Your Account
- 10. Data Charges and Mobile Phones
- 11. Third-Party Services
- 12. Modifying the Services and Termination
- 13. Indemnity
- 14. Disclaimers
- 15. Limitation of Liability
- 16. Arbitration, Class Waiver, and Jury Waiver
- 17. Exclusive Venue
- 18. Choice of Law
- 19. Severability
- 20. Additional Terms for Specific Services
- 21. Final Terms
Last updated: 14 January, 2021
Welcome to Vialog!
We are delighted you’ve decided to use our products and services, all of which we refer to simply as the “Services.”
We’ve drafted these Terms of Service (which we simply call the “Terms”) so that you’ll know the rules that govern our relationship with you. Although we have tried our best to minimize the legalese in setting out the Terms, there are places where these Terms may read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Vialog Ltd which governs the use of Vialog. Please read the terms carefully.
Our Services instantly connect people everywhere allowing them to communicate and collaborate in new ways about matters meaningful, frivolous and everything in between. Vialog Services (hereinafter, “the Services”, “Services”, “our Services”, “we”, “vialog”, “Vialog”) allow guests and registered users to post a video, which is 60 seconds of length or less, that is public by default, and can include other content such as video transcript or location metadata. Our Services are primarily designed to help you share information, in the form you choose, with the world. Most of the information you provide us through the Services is information you are asking us to make public. What you publish on the Services may be viewed all around the world instantly.
By using the Services, you agree to the Terms. If you do not agree with the terms, please don’t use the service.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND VIALOG AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND VIALOG WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Vialog is about sharing opinions, ideas and insights. Our goal in creating these rules is to accommodate the broadest range of self-expression while balancing the need of Vialog users to be able to use our service safely and enjoyably.
Be thoughtful about what you share. Keep it legal. Help us foster this community. Don’t use Vialog for any illegal purpose. What not to share:
Harassment, bullying, or spamming
- Do not bother or make other people feel bad on purpose.
- It’s never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases.
- Any moving or still image or audio snippet that is not yours to share.
- Any watermarked or branded videos with dominant offline or digital product placements.
- Never threaten to harm a person, group of people, or their property.
- Intimidating people is not okay.
- Never praise terrorism, organized crime, or hate groups.
- Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
- We strive to protect people using Vialog from technical abuse and spam. Any accounts engaging in the activities specified below may be temporarily locked or subject to permanent suspension.
- Don’t pretend to be someone you’re not, including celebrities, brands, or other organizations.
Invasions of privacy
- Do not take videos, photos or make any other type of recording or record of people without their knowledge and consent. This includes selfies that incorporate other people.
- Take extra care not to violate people’s privacy in private spaces, like someone’s home, a bathroom, dressing room, or locker room.
- No gratuitous vulgar swearing
Nudity or sexually suggestive content involving minors (people under the age of 18)
- Never post nude or sexual content involving people under the age of 18, even yourself.
- Vialog prohibits accounts that distribute sexually explicit content or promote sexually explicit content found outside of Vialog.
- Sexually explicit content includes content that depicts real or implied sexual acts or nudity in a sexual context.
- Not all nudity is taboo. Breastfeeding and other images in a wholly non-sexual context are permissible.
If you violate these rules, we may remove the offending content or terminate your account.
If you see something that you think may violate our guidelines, please contact us.
Accounts under investigation may be temporarily unavailable . Vialog reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you have violated any aspect of these Rules or the Terms of Service.
Please take these Rules seriously and honor them in the spirit in which they are intended. The Rules will change, evolve evolve and be updated along with the Vialog community. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.
Users can flag the videos within Vialog by pausing videos and then clicking on the exclamation mark icon on the lower left-hand corner and following the directions to complete the notification.
Vialog welcomes comments, questions, concerns and suggestions. Please contact us at firstname.lastname@example.org and we will be happy to discuss with you.
1. Who Can Use the Services
You must be at least 13 years old to use the Service.
By using the Services, you state that:
- You can form a binding legal contract with Vialog; and
- You will comply with these Terms and all applicable national, and international laws, rules, and regulations.
- If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You
Vialog grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Vialog is automatically providing you with the latest version and features of our tool.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, share, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content for the duration of the period that it would otherwise attract protection under copyright or other intellectual property rights in law. How broad that license is depends on which Services you use and the Settings you have selected.
For all Services you grant Vialog a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, sell and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content you upload, in any form and in any and all media or distribution methods (now known or later developed). Vialog will endeavor to not use this content to libel, defame or slander. To the extent it’s necessary, you also grant Vialog and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice with the video that you appear in, create, upload or post. This means, among other things, that you will not be entitled to any compensation from Vialog or our business partners if your name, likeness, or voice is conveyed through our Services. We may share handpicked videos for marketing purposes and use it to promote the Services.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, or store through the Service. Vialog is not a backup service and you agree that you will not rely on the Service for the purposes of content backup or storage. Nor will you post any copyrighted material or any other audio or visual content that you do not fully own.
The Services may contain advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Vialog are subject to change. In consideration for Vialog letting you access and use the Services, you agree that Vialog, its affiliates, and third-party partners may place advertising on the Services. This may appear next to or top on your video content. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility of the person or organization that submitted it. Although Vialog reserves the right to review all content that appears on the Services and remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to immoral purposes. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines. We take the need to protect the most vulnerable members of society seriously and will respond, as soon as possible, to any complaint involving minors.
6. Respecting Other People’s Rights
Vialog respects the rights of others. And so should you. You therefore may not upload, post, or store content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, harasses, or intimidates;
- defames; or
- spams or solicits Vialog’s’ users.
Help us foster this community. Don’t use Vialog for any illegal purpose. Please refer to the What not to share section of the
Community Guidelines as set out above.
You must also respect Vialog’s rights. These Terms do not grant you any right to:
- use branding, logos, designs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, sell, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
7. Respecting Copyright
Vialog Ltd, in operating Vialog will take reasonable steps to expeditiously remove from our Services any infringing material of which we become aware. And if Vialog Ltd becomes aware that one of its Vialog users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account and access to our services.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright please write an email to email@example.com
If you report a video, you must follow up with the following information to allow us to deal with your report:
- identify the copyrighted work claimed to have been infringed;
- provide the date of creation or first publication of the claimed copyrighted work. If the precise date is not known, then provide the most accurate possible date, for example, the month or year
- provide your contact information, including your telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide 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 try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use the service to libel, slander or defame.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information or content.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- Do not share your password or let anyone publish videos or change discussions on your behalf.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
- Do not use Vialog while driving or engaging in any other activity during which you should not be distracted.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm’s way just to capture a video.
9. Your Account
You are responsible for any activity that is uploaded from any device you own or occurs in your account. So it’s important that you keep your devices and account secure. By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your account without our written permission.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
You are responsible for keeping your account in accordance with these Terms of Service and any updates we may issue from time to time.
If you think that someone has gained access to your account, please immediately reach out to our Support team at firstname.lastname@example.org
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including all data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Although it is Vialog’s intention for the Service to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
11. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Vialog is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong user of Vialog, you can terminate these Terms at any time and for any reason by deleting any of your videos or your account. If you need help with deleting your videos or account, please contact email@example.com
Vialog may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, or if your videos or profile has repeatedly been flagged.
Regardless of who terminates these Terms, both you and Vialog continue to be bound by Paragraph 3 of Section 2 (Rights We Grant You), Section 3 (Rights You Grant us), Section 6 (Respecting Other People’s Rights).
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Vialog, our directors, officers, employees, partners, representatives and volunteers and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE VIALOG ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY VIALOG CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
VIALOG TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VIALOG WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIALOG AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF VIALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIALOG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF £10 OR THE AMOUNT YOU PAID VIALOG, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Vialog must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Vialog provides.
When acting as Community Managers or in any and every aspect of their contractual or other relationship with Vialog Community Managers are natural persons who may or may not hold themselves out as representing a company or institution. Once registered on the on the vialog.app, they can sign in to add new discussions, edit the details of the discussion shown and moderate and manage the submitted videos.
Each text form of the Vialog widgets (including but not limited to labels, Call-to-Actions, etc.) should be in line with our Community Guidelines.
Community Managers should carefully review each video submitted in line with Vialog terms before publishing. All published videos are the sole responsibility of the Community Managers and Vialog is not responsible or liable for any and all material in any form published on the pages of Community Managers and the wider public internet.
We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Vialog provides. This includes, but is not limited to our right to refuse service, withdraw service, and/or limit service to any person(s) posting in any manner, including re-posting the following:
- unlawful content
- hate speech
- non-consensual sexual activity
- sexual activity which includes a minor
- harassment of any individual(s) or group
For the avoidance of doubt, this includes anyone acting as a Community Manager or posting videos with the credentials of a Community Manager.
Anyone acting as a Community Manager is solely responsible for what appears on their video discussions, no matter which webpage they are embedded. Vialog will, when it considers it appropriate, contact the relevant authorities to alert them of criminal activity on a Community Manager’s video discussions. Vialog will, when requested, furnish material to law enforcement agencies when requested to do so.
Community Managers are solely responsible for activity on their video discussions including any activity that may attract criminal sanction in their country of residence anywhere in the world that their video discussions may be viewed.
We are working to develop a document explaining our definitions of the above terms and our enforcement mechanisms more fully. We will post this document when it becomes available here in this same page available on https://vialog.app/terms. In the meantime, all of the terms used shall take their ordinary meaning.
By using the Services you agree that Vialog, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
16. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH VIALOG, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Vialog are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration Rules. The London Court of International Arbitration (“LCIA”) governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the Chartered Institute of Arbitrators. If the CIA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The LCIA Arbitration Rules governing the arbitration are available online. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than £ 10,000 STG may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is £ 10,000 STG or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Vialog. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Vialog.
- Waiver of Jury Trial. YOU AND VIALOG WAIVE ANY CONSTITUTIONAL AND/OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Vialog are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Vialog over whether to vacate or enforce an arbitration award, YOU AND VIALOG WAIVE ALL RIGHTS TO A JURY OR OTHER TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Vialog can force the other to arbitrate. To opt out, you must notify Vialog in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Vialog username and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this email address: firstname.lastname@example.org
- Small Claims Court. Notwithstanding the foregoing, either you or Vialog may bring an individual action in small claims court in the United Kingdom.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Vialog.
17. Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Vialog agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Courts of England and Wales. You and Vialog consent to the personal jurisdiction of both courts.
18. Choice of Law
Except to the extent they are preempted by the laws of England and Wales, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
For example, video files are not part of your subscription. There is an additional charge for obtaining a copy of the video files to use outside the Vialog environment. For video downloads the Community Manager can contact email@example.com for custom pricing.
When reusing and repurposing Vialog videos the Community Manager must make sure that Vialog Terms of Service applies. If anyone other than the Community Manager deals with Vialog videos (third party sharing or handling video files) does this, it is the Community Manager's liability to make sure that they are operating within Vialog’s Terms of Service and according to any instructions they may receive from Vialog.
21. Final Terms
- These Terms make up the entire agreement between you and Vialog, and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will take precedence.
As stated above, our Services are primarily designed to help you share information, in the form you choose, with the world. Most of the information you provide us through the Services is information you are asking us to make public. What you publish on the Services may be viewed all around the world instantly.
Your Privacy Matters. Vialog is constantly evolving and adding new features. On Vialog, you share your content publicly which will be prioritised to the people who follow you or the discussion thread you got involved in.
When you use these services, and any others we roll out, you will inevitably share some information with us. We understand that can affect your privacy. So we want to be clear about the information we collect, how we will use it, with whom we will share it with, and the choices we give you to control, access, and update your information.
Information We Collect
There are three basic ways we collect information:
- Information you choose to give us.
- Information we get when you use our services.
- Information we get from third parties.
Information You Choose to Give Us
When you interact with our services, we collect the information that you choose to share with us. When you add a new video to our Services, you must comply by the Terms and Conditions of the services. Respect other people’s rights and time.
Of course, you’ll also provide us whatever information you send through the services, such as User Content (videos, etc.) you post to the Service. The same common sense that applies to the Internet at large applies to Vialog as well: Don’t share content that you wouldn’t want someone to save or share.
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including thread name, geotag, video transcript or other data. This makes your User Content more searchable by others and more interactive.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users or third parties using Vialog have copied or saved that information.
It probably goes without saying, but we’ll say it anyway: When you contact Vialog Support or communicate with us in any other way, we’ll collect whatever information you volunteer.
Information We Get When You Use Our Services
When you use our services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you watched a particular video, browsed a thread, and saw or interacted with a specific ad for a certain period of time. Here’s a fuller explanation of the types of information we collect when you use our services.
Usage Information. We collect information about your activity through our services. For example, we may collect information about:
- How you interact with the services, such as which thread you browse
- How you communicate with other users of Vialog, such as their names, the time and date of your interactions, watch time and the duration of your engagement.
Camera and Microphone.
Our services require us to collect video and audio from your device. We’ll access your camera and microphone only after you give us your consent.
We may process videos that you upload to our services to generate audio transcripts for your videos. This enables subtitle services and easier discovery of your videos you choose to share with us.
When you use our services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. Once you enable Location Services, Vialog may display you with curated location-specific content. Location Services are used each time you open the app or share a video content.
Information Collected by Cookies and Other Technologies.
We also collect log information when you use our website. That information includes, among other things: details about how you’ve used our services, device information, such as your web browser type and language, access times, pages viewed, IP address, identifiers associated with cookies or other technologies that may uniquely identify your device or browser, pages you visited before or after navigating to our website.
Information We Collect from Third Parties
We may collect information that other users provide about you when they use our services. We may also obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our services. All these processes are in compliance with GDPR rules .
Responding to legal requests and preventing harm:
- We may access, preserve and share your information in response to a legal request (such as a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United Kingdom where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
How We Use Information
What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. But we do a lot more as well, such as:
- develop, operate, improve, iterate, deliver, maintain, and protect our products and services
- monitor and analyze trends and usage
- personalize the services by, among other things, customizing the content we show you, including ads
- enhance the safety and security of our products and services
- verify your identity and prevent fraud or other unauthorized or illegal activity
- use information we’ve collected from cookies and other technology to enhance the services and your experience with them
- enforce our Terms of Service and other usage policies
We may also store some information locally on your device. For example, we may store information as local cache so that you can view content faster.
You can email us at firstname.lastname@example.org to have any of your videos sent to you. You also have the right and ability to delete any or all your data and videos.
Our Data Principals
- Data sets are videos, video metadata and user information.
- Data collection takes place only for specified, explicit and legitimate purposes. Vialog will ensure that potential video creators and viewers (“Data Subjects”) have fully understood the content of the informed consent and do not feel pressured or coerced into giving consent.
- Data Storage. Video creators and viewers have the right to withdraw participation, samples or data at any time. Vialog will store datasets in-line with national and international standards and following the European Union General Data Protection Regulations (GDPR).
- Data Processing must be authorised and executed fairly and lawfully. Vialog will follow a data minimisation principle, by only processing datasets adequately, with relevance and limited to what is necessary.
- Data Retention. Vialog will allow the data subject to access, rectify their data, and practice his/her “Right to be Forgotten” [GDPR, Article 17].
- Data Destruction. Vialog will evaluate the risks of accidental or unlawful data destruction and inform the data subject in case of any detected destruction.
How We Share Information
We may share information about you in the following ways:
- With other Vialog users. We may share the following information with other Vialog users:
- content you post will be shared with any other Vialog users;
- With all Vialog users and the general public. We may share the following information with all Vialog users as well as the general public:
- any video that you submit to post
- We may use a part(s) or the entirety of your video to promote Vialog. This includes Vialog’s social media channels as well as any paid ad campaigns on other social media platforms.
- With our affiliates. We may share information with entities within the Vialog family of companies.
- With third parties. We may share your information with the following third parties:
- With service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our services, and business partners that provide services and functionality.
- With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
- comply with any valid legal process, governmental request, or applicable law, rule, or regulation;
- investigate, remedy, or enforce potential Terms of Service violations;
- protect the rights, property, and safety of us, our users, or others; or
- detect and resolve any fraud or security concerns.
- With third parties as part of a merger or acquisition. If Vialog gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
- In the aggregate or after de-identification. We may also share with third parties, such as advertisers, aggregated or de-identified information that cannot reasonably be used to identify you.
Information You Choose to Share with Third Parties
The Services may also contain third-party links and search results, include third-party integrations, or be a co-branded or third-party-branded service that’s being provided jointly with or by another company. By going to those links, using the third-party integration, or using a co-branded or third-party-branded service, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our services. You can find the ‘3rd Party Provider Inventory List’ here: https://docs.google.com/spreadsheets/d/1gVSW5Tn_vbLFys9e0T52GMTPw-sRh5LcHd_TZtffPBE
How Long We Keep Your Content
Vialog lets you capture videos that become part of a global, thread-driven discussion. On our end, that means that we transcode, store and stream your videos on our servers. If you submit content to one of our inherently public services, we may retain the content indefinitely or until you revoke your permission from us.
Vialog is not responsible for retaining the content of customers who have failed to pay their subscription. We reserve the right to delete your content 4 months after your last payment.
Control over Your Information
We want you to be in control of your information, so we provide you with the following tools.
- Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If you need to access, update, or delete any other personal information that we may have, you can send us a request at email@example.com. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access, update or delete your personal information. We will try to update and access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with your request.
- Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your, camera, microphone, or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality.
- Account Deletion. Following termination or deactivation of your account, Vialog, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes. During this period of time, your account will not be visible to other Vialog users.
Regarding security provisions, our tool technically is within a closed environment (iframe) when it is embedded on your website. We do not access other elements on your website and rest assured, we do not create any security risks for you as our client. With your account as a Community Manager, on the my.vialog.app Dashboard you can access 1) the submitted videos for publishing on the Video Management page and 2) all other customisable elements of our tool on the Discussion Settings.
Analytics and Advertising Services Provided by Others
Additionally, some companies may use the information they collect on our services to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps.
Users Outside the United Kingdom
Although we welcome Vialog users from all over the world, keep in mind that no matter where you live or where you happen to use our services, we operate our services from the United Kingdom. This means that we may collect your personal information from, transfer it to, and store and process it in the United Kingdom, Ireland, Hungary, and other countries whose local data-protection and privacy laws may offer fewer protections than those in your country of residence or from any country where you use or access the services.
Our services are not intended for, and we do not direct them to, anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13.
Additional Information or Assistance
If you are located in the European Union or EFTA States, you can confidently contact Vialog’s Data Protection Officer at firstname.lastname@example.org email. If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority or Vialog Ltd’s lead supervisory authority, the UK’s Information Commissioner’s Office (ICO). You can contact them via this link.