VideoBit

Terms of Service

Latest update: February 18, 2022

These Terms of Service (“Terms”) are a contract between you and Homestudy OÜ. (dba as VideoBit). They govern your use of VideoBit’s sites, services, products, and content (“Services”).

By using VideoBit, you agree to these Terms. If you do not agree to any of the Terms, you cannot use VideoBit.

By using VideoBit, you agree to let VideoBit collect and use information as detailed in our Privacy Policy. If you are outside the United States, you consent to letting Taut transfer, store, and process your information (including your personal information and content) in and out of the United States.

We are free to adapt these Terms at any time. If a change is made, we will let you know by email before they take effect. By using VideoBit on or after that effective date, you agree to the new Terms. If you do not agree to them, you should delete your account before they take effect, otherwise, your use of the site and content will be subject to the new Terms.

Privacy

We value the privacy of our Users. Please read our Privacy Policy to learn more about what information we collect and how we use, share, and otherwise process that information.

Account management

Account creation and deletion

If you register for the Service, we will ask you to provide certain information about yourself. You agree not to provide any false, inaccurate, or misleading information when signing up for your account. You must keep this information up to date. You may delete your account at any time and for any reason by following the instructions on the Service. If you have trouble deleting your account, you can also contact us at support@videobit.io for assistance.

Account responsibilities

To protect your account, keep your account details and password confidential, as you are responsible for activities that occur under your account.

Teachers and School Leads

Responsibilities for Teachers and School Leads

Teachers and School Leads have additional responsibilities to their Student Members and Guests, who are children. If you are a Teacher or School Lead, you agree to the following:

  • You are responsible for the use of the Service by your Student Members and Guests, and shall ensure that each of your Student Members and Guests complies with the VideoBit’s Code of Conduct.
  • You consent to VideoBit’s collection and use of personal information from your Student Members and Guests, as described in our Privacy Policy.
  • You represent and warrant that you have:
    • the authority to consent to our collection and use of personal information from your Student Members and Guests;
    • provided privacy notices and obtained consents as required by your school’s policies and applicable law; and
    • filed evidence of such consents (including verifiable parental consents) with your school administrator before using the Service.
  • You are solely responsible for responding to requests from parents and Student Members to review, delete, correct, take down, transfer or update Student Member personal information or Student Member or Guest User content in accordance with applicable laws and your school’s policies. You are responsible for notifying VideoBit if a parent or legal guardian revokes parental consent required to process personal information about a Student Member.
  • You represent and warrant that you will use the Service and the personal information collected from Student Members and guests in connection with the Service in accordance with applicable laws, our Privacy Policy, these Terms, and your school’s policies.
  • You may not publicly post videos, video responses, or video replies containing Student Member or Guest User content. If you invite guests to participate in your video conversations, you are solely responsible for obtaining any additional consents required to permit Student Member User Content and Student Member personal information to be shared with those guests.
  • You are responsible for any User Content provided by or collected from your Student Members or Guests. Questions about possession, control, or transfer of Student Member User content should be directed to the School Lead.

Your content

User Content

The Service allows Users to create, post, share and store content, including but not limited to topics, videos, and other material (collectively, “User Content”). You may not create, post, store, or share any User Content that violates these Terms. Except for the license you grant below, you retain all rights in and to your User Content, as between you and VideoBit. Except as described in Section “Teachers and School Leads”, you are solely responsible for any User Content you create, post, share, or store through the Service. We use best practices to back up User Content, but we cannot guarantee that User Content will be available in the event it is intentionally or accidentally deleted by another User.

License

To the extent necessary to provide the Service to you and others and to protect you and the Service, you grant to us a worldwide and royalty-free intellectual property license to use, view, download, reproduce, modify, create derivative works of, make copies of, retain, transmit, reformat, display, and distribute via communication tools your public User Content on the Service. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Content will not violate any law or rights of others. With respect to User Content, the above licenses terminate within a commercially reasonable time after your videos are removed or deleted from the Service.

Confidentiality

As Users are able to share User Content outside the VideoBit App to which it was submitted, VideoBit does not guarantee confidentiality with respect to your User Content.

Code of Conduct

By using the Service, you are agreeing to follow these rules:

  • Don’t do anything illegal. Don’t help others break these rules.
  • Don’t engage in any activity that exploits, harms, or threatens to harm children.
  • Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or User Content created for advertisement purposes.
  • Don’t publicly display or use the Service to share inappropriate content or material (involving, for example, pornography, offensive language, graphic violence, or criminal activity).
  • Don’t engage in activity that is fraudulent, false, or misleading (e.g., impersonating someone else, manipulating the Service to increase play count, or affecting comments).
  • Don’t circumvent any restrictions on access to or availability of the Service (e.g., giving false information in order to be able to use the Service, probe, scan, or test the vulnerability of our Service, systems, or network).
  • Don’t engage in activity that is harmful to you, the Service, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
  • Don’t infringe upon the rights of others (e.g., unauthorized sharing or use of videos, copyrighted music or other copyrighted material, comments, and/or media, violating the intellectual property rights or privacy of others, or collecting or harvesting any information that might identify a person).
  • Don’t share any login information associated with any account you use to access our Service. Accordingly, you are responsible for all activities that occur under your account.
  • Don’t use student information for marketing or advertising purposes.
  • Don’t use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract any other User’s information within VideoBit.

Enforcement

We may (but have no obligation to) review any User Content. Notwithstanding the fact that we have no obligation to monitor the User Content on the Service, we reserve the right in our sole discretion to, at any time for any reason

  • block, delete, limit, restrict access to, remove, or modify your information, including your User Content; and
  • suspend or terminate your account, and refuse any current or future use of the Service (or any portion thereof).

We will not be liable to you or any third party for taking either of these actions. We may also investigate and/or take appropriate action against you for violating these Terms or for otherwise creating liability for us or any other person, such as by reporting you to law enforcement authorities. If you have questions about an enforcement action, you can submit a case review inquiry at VideoBit Help Center.

Deletion of User Content

You may delete your User Content on the Service by following the instructions provided on the Service or in our communications. Student Users (and their parents, if applicable) can also ask their Teacher or School Lead to handle the correction, editing, deletion, or updating their Student User information and User Content. If you have trouble deleting User Content, you can contact us at support@videobit.io for assistance.

Use of the service

License

Subject to compliance with these Terms we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access, solely for classroom or other noncommercial use:

  • the software in the App on any compatible device that you own or control, and
  • other aspects of the Service.

Certain restrictions

To protect the distribution of the Service, we must outline certain limitations on the licensed rights we grant to you. You shall not:

  • download, copy, reproduce, transmit, broadcast, display, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part or any VideoBit Content (as defined below) on the Service;
  • modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service;
  • access the Service in order to build a similar or competitive website, app, product, or service;
  • except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service in any form or by any means;
  • use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or
  • use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained.

Service availability and support

We have no obligation to provide you with any support or updates in connection with the Service. The Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.

Ownership

The Service is the sole property of VideoBit and is protected by EU and foreign copyright laws, patents, trademarks, trade secrets, and other laws. As between you and VideoBit, all content, software, images, text, graphics, illustrations, patents, copyright, audio, music on and “look and feel” of the Service, and all intellectual property rights related thereto (the “VideoBit Content”), are either owned or licensed by VideoBit, it being understood that you will own any User Content (as defined above) you upload or transmit through the Service. Use of the VideoBit Content for any purpose not expressly permitted by these Terms is strictly prohibited. Our name, logo, and the product names associated with the Service belong to us or our suppliers, and no right or license is granted to you or any third party to use them. We and our suppliers reserve all rights not expressly granted in these Terms.

Feedback

We love getting your feedback! If you give to VideoBit any idea, proposal, suggestion, or feedback, including technologies and product improvements (“Feedback”), you give to VideoBit, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires VideoBit to license its software, technologies, or documentation to any third party because we include your Feedback in them.

Warranties and disclaimers

We do not control or direct what Users do or say or how they interact with you or each other, and we are not responsible for activity by Users on or off the Service or any User Content they create or share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Your interactions with other Users are solely between you and such Users, and we will not be responsible for any loss or damage incurred as the result of any such interactions.

VIDEOBIT, HOMESTUDY OÜ, AND OUR AFFILIATES, (COLLECTIVELY, THE “VIDEOBIT PARTIES”), MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. THE VIDEOBIT PARTIES DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Limitation on liability

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from the VideoBit Parties, direct damages up to an amount equal to your Service fee for the month during which the loss or breach occurred. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Service, or the software related to the Service.

Terms and termination

These Terms will remain in effect while you use the Service. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, release and binding arbitration, and class action waiver.

Notices

Notices of infringement

VideoBit respects the intellectual property of others and asks that Users do the same. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact us at notices@videobit.io. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE. 

The Service is copyright © 2022 Homestudy OÜ and/or its affiliates or suppliers. All rights reserved.

General

Resolving disputes

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review (i.e., under the FAA). Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

Venue and choice of law

Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of the Republic of Estonia, EU. You and VideoBit agree that any judicial proceedings will be taken to and held in Harju County Court in Tallinn, Estonia. Your local consumer laws may give you an option for a different judicial forum in case of conflict laws.

Miscellaneous

We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. This is the entire agreement between you and us for your use of the Service. It supersedes any prior agreements between you and us regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those Terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will not change.

Contact us

Homestudy OÜ

A. Lauteri 3, 10114 Tallinn, Estonia

+372 5801 4033

support@videobit.io