Terms of Service
Video Terms of Service
(Last Revised August 17, 2012)
IMDb Video Conditions of Use
Welcome to the IMDb Video service ("IMDb Video"). You have been invited by Internet Movie Database, Inc. (with its affiliates, "IMDb," "we," or "us"), to post your original video for use on or distribution through sites, services, or applications that are owned or operated by us or under any brand owned by us (IMDb Video and these sites, services, and applications collectively, the "IMDb Services").
- Eligibility. IMDb Video is not intended for use by persons under 13 years of age, and persons under 13 years of age may not use IMDb Video for any purpose. If you are at least 13 years of age, but under 18 years of age, you must have the permission of a legal parent or guardian to post a video to IMDb Video.
- Password and Security. You are responsible for maintaining the confidentiality of your IMDb password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to IMDb Video or other IMDb Services. We may require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT IMDb AND ITS PARENTS, AFFILIATES AND SUBSIDIARIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
- Electronic Communications. When you visit IMDb Video or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the IMDb Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Technical Requirements. Your video may not be larger than 2 GB and it must be provided in one of the permissible video formats. You are responsible for obtaining and maintaining (and paying all charges related to) all equipment and services needed to access and use IMDb Video for the purposes of posting your video. We are not responsible if any technical incompatibility or malfunction result in any video being unviewable or corrupted via the IMDb Services
- Prohibitions. Please be careful when posting a video to IMDb Video: you will be entirely responsible for the video content.
This following list of prohibitions and examples (7.a through 7.h) is not an exhaustive list of prohibited activities. We may in our sole and absolute discretion determine if a video complies with these Conditions of Use and is otherwise suitable and appropriate for posting to IMDb Video; however, we assume no responsibility for monitoring the content of video or other conduct in connection with the use of IMDb Video. In addition, we may investigate and take appropriate legal action against any user who violates (or who we suspect has violated) these Conditions of Use, including reporting you to the applicable law enforcement authorities.
Your video may not:
- violate any third party's intellectual property rights, including without limitation, copyrights, trade secrets, trademarks, service marks or patents. For example, unless you have obtained the express, advance written permission from the owner/licensor and you have paid any and all required fees (if any), you may not (a) use a rock-band's song as the soundtrack to your video, (b) include a portion of a copyright-protected TV show, play, or video in your video, and (c) use a trademark-protected logo in your video;
- violate a third party's privacy or publicity rights, defame a third party, or include any information about a person that you know to be false. In particular, your video may not include a photograph or other likeness of another person unless that person has given you express, advance written permission to use the photograph or other likeness in your video;
- stalk, threaten, harass, or harm another individual or encourage such activities, or solicit information from any person under 18 years of age. The content of your video may not exploit people in a violent or sexual manner - such as pornography - or promote child pornography, human trafficking, terrorism, or any other illegal activity;
- contain nudity or violence unless: (a) your video qualifies under the MPAA ratings guidelines as rated for NC-17 audiences or under the TV Parental Guidelines as rated for TV-MA audiences or, in each case, for less mature audiences; and (b) you flag your video as intended for mature audiences when uploading it to IMDb Video;
- promote or involve commercial activities. You may not use IMDb Video to offer products or services for sale, including without limitation, advertisements, contests, lotteries, sweepstakes, or pyramid schemes, and your video may not contain advertising, promotional materials, junk mail, spam, instant messaging, chain letters, or any other form of solicitation;
- transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- tamper with, interfere with, disrupt or impair the IMDb Services, IMDb Video or servers or networks connected to the IMDb Services or IMDb Video, or circumvent any requirements, procedures, policies, or regulations of networks connected to IMDb Services or IMDb Video; or
- otherwise violate any applicable law, regulation or rule, whether local, state, national, or international.
- Your Responsibilities. We do not prescreen videos. You agree that you are solely responsible for the content of your video and the consequences of posting, publishing, or other display of the video. You represent and warrant that:
- you own or have lawfully licensed all rights in and to your video (including, without limitation, all rights in and to the audio, video and digital recordings embodied in your videos, and all rights in and to each performance contained in your video), and you have the sole, full and unencumbered right, title, interest and authority to grant to us each of the various licenses and rights set forth in these Conditions of Use;
- your video does not infringe or violate the intellectual property rights (including without limitation, copyrights, trade secrets, trademarks, service marks, or patents), privacy or publicity rights, or any other legal or moral rights of any third party;
- you have paid and will pay in full, and on a timely basis, all royalties, license fees, clearance fees, and other financial obligations, of any kind, required in connection with your video, including without limitation, any payments due to any writers, actors, directors, producers, performing rights society or to any guild, union, collective bargaining organization or other group that represents actors, authors, composers, musicians, artists, and any other person connected with the development, production, distribution or other exploitation of your video;
- you are the individual pictured or heard in your video, or, alternatively, you have obtained the express, advance written consent from each person (including consent from parents or legal guardians of any individual under the age of 18) who appears or is heard in your video;
- you will not misidentify yourself to us when submitting a video, and you will not sell or transfer your IMDb user profile to a third party; and
- you will not reproduce, distribute, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of IMDb Video, use of IMDb Video, or access to IMDb Video.
- you will keep all records necessary to establish that your video does not violate any of the foregoing representations and warranties, and to make the records available to us upon our request.
- No Obligation to Publish; Removal. If you submit your video to IMDb Video, (a) we do not guarantee that your video will be displayed, performed or published on IMDb Video (at all, or for any minimum period of time), and whether or not the video is displayed, performed or published, we do not guarantee the confidentiality of any video, and (b) we may remove at any time or refuse to post any video, in each case, at our sole and absolute discretion. We are not responsible for any loss, theft or damage of any kind to any video, and we will have no liability or responsibility for the actions of any third parties with respect to your video, including without limitation, copyright infringement, the exploitation of your ideas, modification of your video, or disparagement of your video. We are not responsible if your video is incorrect, corrupted or otherwise modified when posted on IMDb Video, whether caused by users of IMDb Video, or by any equipment, software, programming, or other technical processes associated with or used by us.
- Voluntary Removal. You may remove any video or all of your videos at any time by selecting the "delete" feature in your IMDb account. We will remove your video or videos within a reasonable period of time after its receipt of your removal request, and the licenses specified below will terminate upon the removal of each video.
- Video Licenses. We do not claim ownership of any images, information, data, text, files, software, music, sound, photos, graphics, video, messages, tags or other materials you provide as part of your video for display and performance to others through IMDb Video, and you are free to use your video in any lawful way you choose outside IMDb Video. As between IMDb and you, you retain and own all rights in and to your video, and we will not sell your video to third parties. However, by posting a video to IMDb Video, you hereby grant to us, our parents, affiliates, subsidiaries, and our and their third party business partners, a perpetual (subject solely to your voluntary removal right, as set forth above), non-exclusive, fully-paid, world-wide, royalty-free license to use, distribute, reproduce, publish, publicly perform, and publicly display the video (in whole or in part), in any and all formats (whether now known or later developed), by means of any and all types (whether now known or hereafter developed) of Internet, Wi-Fi and broadband video streaming media, as received, played and viewed on any and all kinds of devices (including, without limitation, desktop computers, laptop computers, TiVo-branded and other digital video recorders, and portable/mobile/handset devices, whether such devices are now known or later developed), for any and all purposes in connection with our (or our parents', affiliates', subsidiaries', and our and their third party business partners') business. In addition, you hereby grant us a license to grant each IMDb Video user a perpetual, non-exclusive, fully-paid, world-wide, royalty-free license to view, use, and privately display the video for their personal, private, non-commercial use. We will inform IMDb Video users that they are required to comply with conditions of use regarding their use of IMDb Video; provided, however, we are not responsible for any breach by any end user of the conditions of use. Without these licenses from you, we would be unable to permit users to view the video on IMDb Video. We will not pay you any fees, royalties or other consideration for these licenses, except pursuant to (a) our potential future amendment (if any) of these Conditions of Use, or (b) a separate written agreement (if any) that we subsequently may elect to enter into with you.
- Advertisements. We may display advertisements in connection with your video, including, without limitation, advertisements that preface or surround your video. You may not cover or obscure any advertisements that appear in connection with your video. We will not pay you any fees, royalties or other consideration arising from or relating to the advertisements, except pursuant to (a) our potential future amendment (if any) of these Conditions of Use or (b) a separate written agreement (if any) that we subsequently may elect to enter into with you
- Fees. We may, at any time, charge fees for access to new IMDb Video content, features or services or to portions of the existing IMDb Video content, features or services or to IMDb Video as a whole. We will not pay you any fees, royalties or other consideration arising from or relating to any fees that we may charge, except pursuant to (a) our potential future amendment (if any) of these Conditions of Use or (b) a separate written agreement (if any) that we subsequently may elect to enter into with you
- Links. The provision of a link between IMDb Video and any other website or Internet resource is for your convenience only and does not signify our control or endorsement of the other website or resource or its contents. YOU AGREE THAT WE, AND OUR PARENTS, AFFILIATES AND SUBSIDIARIES, WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.
- Content; Restrictions on Use. The content on the IMDb Services, and specifically content related to IMDb Video, including without limitation, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and software, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and we, our parents, affiliates, subsidiaries, or our or their licensors own the content. This content, may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining our and our applicable licensors express prior written permission in each instance. You may not copy, modify, perform, translate, display, sell, broadcast, transmit, publish or otherwise interfere with third parties' videos displayed on the IMDb Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any content on IMDb Services.
- Copyright Infringement. Each video posted on IMDb Video is intended to be an original video that you have created using your own imagination and creative skills. We respect third party intellectual property rights, and we expect you to do the same. We will remove any video if we are properly notified in writing of any allegations that the video may infringe or violate any third party intellectual property right or otherwise may violate applicable law. We may remove any or all of your videos without prior notice to you in this regard and without establishing proof of these allegations. If you are unsure if any content or portion of your video infringes or violates a third party's copyright or other intellectual property or proprietary rights, then you should omit the content/portion(s)or consult an attorney, in each case before you post a video on IMDb Video. If you believe that your work has been copied or otherwise used in a third party's video in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
- Modifications To Conditions of Use. We may make changes to these Conditions of Use, at any time and without any separate notice to you. Please review these Conditions of Use on a periodic basis, so that you are aware of any changes. If you object to any of the changes, your sole recourse is to stop using IMDb Video. Continued use of IMDb Video following implementation of any of the changes will indicate your acknowledgement of the changes and agreement to be bound by the terms and conditions of the changes. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the continued validity, effectiveness, binding nature and enforceability of any remaining conditions.
- Modifications To IMDb Video. We may add services, features and content to, or remove services, features and content from, IMDb Video at any time, and we may discontinue IMDb Video at any time, in each case with or without notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE IN ANY MANNER OR AMOUNT TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE IMDb Video
- Trademarks. IMDb, Earth's Biggest Video Database and STARMETER are registered trademarks, and the IMDb logo, IMDbPRO, VIDEOMETER, and other marks indicated on the IMDb Services are our or our parents', affiliates', or subsidiaries' trademarks, in the United States and other countries. Other IMDb graphics, logos, page headers, button icons, scripts, and service names are our or our parents', affiliates', or subsidiaries' trademarks or trade dress. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages, denigrates or discredits us. All other trademarks not owned by us or our affiliates that appear on the IMDb Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our parents, affiliates, or subsidiaries
- Disclaimer of Warranties. WE DO NOT APPROVE, ENDORSE OR RECOMMEND ANY VIDEO OR ANY CONTENT, OPINION, IDEA, ADVICE OR EXPRESSION CONTAINED IN ANY VIDEO, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ALL VIDEOS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF IMDb VIDEO IS ENTIRELY AT YOUR SOLE RISK. IMDb VIDEO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IMDB VIDEO (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO WARRANTY THAT IMDB VIDEO WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT IMDB VIDEO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF IMDB VIDEO, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IMDB VIDEO, OR THAT DEFECTS IN IMDB VIDEO WILL BE CORRECTED (AT ALL, OR WITHIN ANY CERTAIN PERIOD OF TIME). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IMDB VIDEO IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS, INJURY, COST OR EXPENSE ARISING THEREFROM. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH IMDB VIDEO WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER OF WARRANTIES WILL CONTINUE IN PERPETUITY.
- Limitation of Liability. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR OUR OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, ATTORNEYS OR LICENSORS, BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR IMDb ACCOUNT'S) USE OF IMDB VIDEO. THIS LIMITATION OF LIABILITY WILL CONTINUE IN PERPETUITY.
- Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liability, the scope and duration of the warranty and the extent of our liability will be the minimum permitted under applicable law.
- Applicable Law. By visiting IMDb Video, you agree that (a) the laws of the State of Washington, without regard to principles of conflicts of laws, and (b) the federal laws of the United States of America will be the exclusive laws to govern these Conditions of Use, and your use of IMDb Video, in the event of any dispute of any sort that might arise between you and us (or our parents, subsidiaries, affiliates, successors or assignees) with respect to your use of IMDb Video
- Disputes. Any dispute between us and you which relates in any way to these Conditions of Use, or your use of IMDb Video, and which seeks aggregate total relief (by one or more parties) in excess of $7,500 will be brought and adjudicated exclusively in the state and federal courts located in King County in the State of Washington. In any such action or proceeding, you hereby consent, and agree to be bound by, the exclusive personal and subject matter jurisdiction and venue in those courts.
- Our Address. IMDb.com, Inc., P.O. Box 81226, Seattle, WA 98108-1226, http://www.imdb.com
- Restricted Access Video. If you upload a video to IMDb Video for non-public, restricted access viewing (for example, as part of a film festival submission), in addition to the Conditions of Use above, the following terms apply to your video.
- Notwithstanding the first sentence in Section 9, we will not remove your video from IMDb Video as long as its availability on IMDb Video remains necessary for us to fulfill the specified use at the time you uploaded your video (for example, to maintain your video's availability during a film festival review period).
- Notwithstanding the first sentence in Section 10, you may not be able to remove your video from IMDb Video under certain circumstances (for example, to maintain your video's availability in the submissions archive of a film festival).
- Notwithstanding the third and fourth sentences in Section 11, by posting a video to IMDb Video, you hereby grant to us, our parents, affiliates, subsidiaries, and our and their third party business partners, a perpetual (subject solely to your voluntary removal right, as set forth above), non-exclusive, fully-paid, world-wide, royalty-free license to use, distribute, reproduce, publish, publicly perform, and publicly display the video (in whole or in part), in any and all formats (whether now known or later developed), by means of any and all types (whether now known or hereafter developed) of Internet, Wi-Fi and broadband video streaming media, as received, played and viewed on any and all kinds of devices (including, without limitation, desktop computers, laptop computers, TiVo-branded and other digital video recorders, and portable/mobile/handset devices, whether such devices are now known or later developed), for any and all purposes in connection with the specified use for your video (for example, as part of a film festival's submission process). In addition, you hereby grant us a license to grant each IMDb Video user a perpetual, non-exclusive, fully-paid, world-wide, royalty-free license to view, use, and privately display your video in connection with the specified use for your video (for example, for viewing by a film festival programmer).
- You may designate your restricted access video to be a publicly viewable video at any time, and at that time the terms in this Section 29 will no longer apply to your video.