By using or accessing this website you confirm to be bound by the terms and conditions below (“Agreement”). Your use of this website is at all times subject to this Agreement, which forms a legally binding contract between WeAreFami.ly Limited, owner and operator of iMama.tv (“WeAreFami.ly”, “we” or “us”) and you, the website visitor or user (“you”). If you do not agree to this Agreement, do not use this website.
We reserve the right to change this Agreement from time to time. Any such changes will be displayed on this website. Your continued use of this website following such changes will be deemed to be your acceptance of such amended agreement. If you do not accept any such changes, you should stop using this website.
This online community video service (“Service”) is provided to you by WeAreFami.ly. The Service includes this website (“Site”) and all associated services, software and the audiovisual content made available through the Site, now or in the future (“Content”). The Service enables the creation of a community that views, shares and uploads Content to the Site. As part of this community, you may watch, share and save Content to your channel. You will also be able to upload Content to your own channel on the Site, which can also be watched and shared with your private groups/friends.
You agree to use the Service only for lawful purposes and only in conformity with all regulations connected with the Service, including this Agreement. Also you agree to comply with all applicable local, national and international laws and regulations as well as with all applicable Internet regulations.
You agree not to submit any material that is unlawful, pornographic, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate, is a falsehood or misrepresentation, is an advertisement or solicitation of business, is intended to impersonate another person, is harmful to minors, makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances or violates any third party’s privacy.
You agree not to submit material (including audio material) that belongs to anyone other than you, is protected by trade secret or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have written permission from the rightful owner to submit such material to the Service and to grant WeAreFami.ly all necessary rights in accordance with the terms of this Agreement.
When you upload Content you will have the opportunity to tag it with meta data so that users can search for it. Other users may place or otherwise associate tags or comments with material you have submitted. Such tags or comments may misrepresent your material, may rate your material, or may be otherwise disparaging, embarrassing, or unfavourable.v
We do not endorse the Content uploaded to the Site or the views expressed by any user. Content posted to the Site may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such content. You are solely responsible for determining whether your use of material submitted to the Site is lawful. However, we will respond to any notice given of copyright infringement, libel, slander, obscenity in accordance with applicable laws. We reserve the right to remove content from the Site for any reason.
You must not:
Lastly please do not try any dangerous stunts or tricks in the quest to create cool content. WeAreFami.ly does not accept any responsibility or liability for any injuries to any persons or their pride while trying to create content.
To use some features of the Service you will need to create an iMama.tv account (“Account”). To create and hold an Account, you must:
Once you have an Account you agree that you will be solely responsible (to WeAreFami.ly, and to others) for all activity that occurs under your Account.
We reserve the right to suspend or terminate your Account and refuse all future use of the Service, or any other WeAreFami.ly service for any reason at any time, including but not limited to breaching this Agreement (particularly with illegal or fraudulent activities or copyright abuse).
WeAreFami.ly may suspend or terminate your Account and any or all other Accounts held by you or your affiliates at its sole discretion. Such suspension or termination of Service will result in temporary or permanent blocking of your access to the Site and may result in the deletion of your Content from the Site. We reserve the right to refuse service to any individual at our sole discretion.
WeAreFami.ly (and/or its suppliers) own all intellectual property rights in the Service, including but not limited to the name of the Service, images and interface elements contained within the Service, CSS and Javascript files and related documentation (subject to the following paragraph). You may not copy, modify, adapt, distribute, dissemble, reverse engineer or decompile any aspect of the Service owned by WeAreFami.ly or its suppliers.
We claim no intellectual property rights in or to the Content that you submit to the Service. However by using the Service to share content with others, you grant WeAreFami.ly and its successors and any users of the Site a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, prepare derivative works of, publicly display and publicly perform (or in the case of private Content, these latter restricted to your private group) such material on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or WeAreFami.ly removes your material from the Service. You understand that your material may be transmitted over various networks and changed to conform and adapt to technical requirements.
Any Content, material, information or idea you transmit to WeAreFami.ly by any means may be disseminated or used by WeAreFami.ly or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.
You agree that WeAreFami.ly shall have the right to include or otherwise associate advertising, promotional, and other content with any material that you submit. You hereby waive and agree never to assert against WeAreFami.ly, or any affiliates any moral rights that you may have in your material during and after the term of this Agreement.
Other than the licence rights expressly set out herein, you claim no intellectual property rights in or to the Content on the Site (other than any Content that you submit to the Service).
In respect of any Service relating to the provision of Content available to download from the Site (“Downloaded Content”), subject to payment by you of all sums due in connection with such Service, WeAreFami.ly grants you a personal, non-exclusive, royalty-free license to use such Downloaded Content for personal, non-commercial purposes only on your own user-operated internet enabled device.
In respect of any Service relating to the provision of Content available to be embedded on your website (“Embedded Content”), subject to payment by you of all sums due in connection with such Service, WeAreFami.ly grants you a personal, non-exclusive, royalty-free license to display such Embedded Content on your website(s) in accordance with WeAreFami.ly reasonable instructions from time to time, subject to the following conditions:
If you breach your obligations under this Agreement, all licences granted to you under this Agreement will automatically terminate.
In respect of any Service provided through the Site by a third party supplier of WeAreFami.ly, you will comply with such third party supplier’s applicable terms and conditions, in addition to the terms of this Agreement.
If you believe that your work has been copied, displayed, or distributed without your permission in connection with this Service, please notify the WeAreFami.ly Copyright Agent. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such work(s); (c) a description of the exact name of the infringing work and the location of the infringing work; (d) information sufficient to permit WeAreFami.ly to contact you; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The WeAreFami.ly copyright agent can be reached by email or post as follows:
copyrightagent@imama.tv
or
Attention: General Counsel
WeAreFami.ly Ltd
Kings Place Music Base
90 York Way
London, N1 9AG, UK
The copyright agent will only respond to any claims involving alleged copyright infringement.
We do our best to make sure that the Service is available 24 hours a day, 7 days a week, however there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment that is beyond our control. We reserve the right to modify, suspend or discontinue the Service at any time with or without notice. You agree that you will not hold us liable for any modification, delay or discontinuance of the Service and that you are solely responsible for creating backups of any content that you submit to the Service.
Warranty
The Service is provided “as is” and “as available” with no representations or warranties of any kind, either express or implied. You assume sole responsibility and risk for your use of the Service. You agree that we cannot be held responsible for the Content on the Service and that use of the Service is at your own risk.
Limitation of Liability
You agree that, to the maximum extent permitted by law, none of WeAreFami.ly, or any affiliates or sponsors will be held responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service, or inability to use the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service. In the event that you use the Service to initiate a business transaction with a third party or to access a third party website, we have no control or responsibility and we accept no liability whatsoever in respect of that transaction or website.
Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless WeAreFami.ly employees, agents, and representatives, and those of its subsidiaries, against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to your use of or access to the Service, or violation of this Agreement by you or, when due to your cooperation or negligence, by someone else using your Account.
Severability
If any article (or part of an article) in this Agreement is determined to be invalid or unenforceable by any court or administrative body of competent jurisdiction, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the article, and the validity and enforceability of the rest of the Agreement shall not be affected.
Waiver
If either party fails to enforce any right reserved by it in this Agreement, that failure will not constitute a waiver of said right.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the choice or conflicts of law provisions of any jurisdiction, and the courts of England and Wales shall have exclusive jurisdiction, provided that any action brought by WeAreFami.ly against you shall, at the election of WeAreFami.ly, be brought in either the courts located in England and Wales or the applicable courts of the jurisdiction in which you reside. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
Entire Agreement
The terms of this Agreement will be without prejudice to the terms of any distribution licence and/or production and distribution licence in respect of the Site entered into by the parties from time to time (“Licence Agreements”). In the event and to the extent only of any conflict between this Agreement and the Licence Agreements, the Licence Agreements shall prevail.
This Agreement, together with the Privacy Policy, represents the entire understanding between the parties in respect of its subject matter and supersedes any previous agreements between the parties relating to its subject matter including previous revisions of this Agreement. Each party confirms that, in entering into this Agreement, it is not relying and has not relied on any statements or representations not expressly set out herein provided that nothing in this Agreement excludes either party’s liability for representations made fraudulently.
WeAreFami.ly agrees to use your personal information in accordance with the Privacy Policy, published on the Site.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right to modify this Agreement at any time without notice. In the event of any major changes we will notify you by displaying a notice on the Homepage. Modifications and additions to the Service itself are also subject to this Agreement. Your continued use of the Service after the Agreement or Service has been modified will constitute your acceptance of any change.
You can view an up-to-date copy of this document at will by visiting this web page at any time. Any questions regarding this Agreement should be directed by email to support@imama.tv.
