Terms of Service

VidMoly provides an online cloud video hosting service (the "Service") that allows you to upload, store, access and share digital files through unique URLs generated for each file.

These Terms of Service (the "Terms") form a binding agreement between you and VidMoly regarding your use of the Service. By accessing or using the Service, you confirm that you have read, understood and agree to be bound by the latest version of these Terms.

These Terms may be updated from time to time. When you continue to use the Service after any update becomes effective, you are deemed to have accepted the revised Terms. The Terms of Service were last updated on 2 November 2016.

Some VidMoly services, features or account types may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, VidMoly will make them available in connection with the relevant service or account. Your use of those services or accounts constitutes your agreement to the applicable Additional Terms.

VidMoly may make access to the core components of the Service available free of charge and may also offer paid services, including support for Affiliates and premium users.

VidMoly may change, suspend or discontinue any part of the Service at any time, with or without notice. Changes may include adding, removing or modifying features. VidMoly may also decline to provide the Service to any person for any legally permissible reason.

VidMoly may terminate or suspend any account, or your access to the Service, if:

• you violate these Terms or any other VidMoly policy (including the Intellectual Property and Rights Policy or Privacy Policy);
• you fail to pay any amounts due to VidMoly;
• VidMoly cannot verify the accuracy or authenticity of information you have provided;
• VidMoly reasonably believes your actions may create legal liability for you, other users or VidMoly; or
• for any other reason permitted by applicable law.

You agree that, except where required otherwise by law, VidMoly shall not be liable to you or to any third party for any termination or suspension of your account or access to the Service.

The Service is provided on an "as is" and "as available" basis. VidMoly does not guarantee that the Service will be available at all times, or that it will be uninterrupted, timely, secure, or error-free.

VidMoly grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Service in accordance with these Terms. In exchange, you agree that:

• You will comply with these Terms, the Intellectual Property and Rights Policy, the Privacy Policy and all other applicable VidMoly policies.
• You will not use the Service for any unlawful purpose or in any way that could damage, disable, overburden or impair the Service or interfere with any other user’s use of the Service.
• You will not attempt to bypass, disable or interfere with any security, authentication or access-control features of the Service.
• You will not alter or modify any content stored using the Service, except for content that you have uploaded or that you are expressly authorized to modify.
• You will not use any automated system, software, script or device to index, scrape, harvest or systematically collect content from the Service.
• You will not collect or harvest any personally identifiable information (including usernames or e-mail addresses) from the Service.
• You will not upload, store, share or distribute through the Service any material containing viruses, malware or other harmful code or components designed to interfere with the operation of software, hardware or telecommunications equipment.

VidMoly may immediately suspend or terminate any account, or your access to the Service, if you violate these conditions of use.

You are solely responsible for any content that you upload, store, transmit or share through the Service ("User Content") and for any consequences arising from that User Content.

You agree that:

• You will only upload, store and share User Content that you created yourself or that you are legally permitted to use in this way.
• You have all necessary intellectual property rights, licenses and permissions for your User Content.
• Your uploading, storage and sharing of User Content does not infringe any copyright, trademark, privacy or other rights of any third party.

You must not use the Service or the VidMoly website to upload, store, transmit or share:

• child pornography or any material involving the sexual exploitation or abuse of minors;
• pornographic or obscene content;
• defamatory content or content that unlawfully invades another person’s privacy;
• graphic violence or content likely to incite imminent violence;
• content that advocates or promotes terrorism or violent extremism;
• content offering or facilitating illegal sales of weapons or other prohibited goods;
• racist or hate-based content;
• content that is physically threatening, intimidating or otherwise intended for any illegal purpose.

VidMoly may, without notice, suspend access to, remove or permanently delete any User Content and/or terminate any account that violates these rules.

VidMoly does not guarantee that any User Content will be stored or remain accessible. You are solely responsible for creating your own backup copies. VidMoly is not liable for any deletion of or failure to store or transmit any User Content and may impose or change limits on storage, bandwidth, speed, sharing or other aspects of the Service at any time.

To access certain features of the Service, you may choose to register for a VidMoly account. You must provide a valid e-mail address and create a username and password.
Single-account policy. VidMoly allows only one account per person. Multiple accounts for a single individual are not permitted. If our systems detect multiple accounts belonging to the same user, all related accounts may be permanently terminated.
Registered users may:

• upload files under their account and delete uploads without using individual deletion links;
• use the file manager to organize files into folders and generate folder links;
• take advantage of special features such as FTP upload and remote upload;
• apply to become Affiliates and receive payments in accordance with VidMoly’s Affiliate Terms and Conditions.

You agree to provide accurate and complete registration information and to update it whenever necessary so that it remains accurate and complete at all times.
You are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account. Allowing others to access your account may expose your personal information, enable unauthorized uploads or sharing, or redirect payments.
You must notify VidMoly immediately if you suspect any unauthorized access or use of your account, or any disclosure of your login information, by e-mailing vidmoly.dmca[at]gmail.com. VidMoly is not responsible for any loss or damage arising from your failure to keep your account information secure.

Except for User Content, all elements of the Service—including but not limited to software, code, design, graphics, interactive features, trademarks, service marks, logos and other materials ("VidMoly Materials")—are owned by or licensed to VidMoly.
VidMoly reserves all rights in the VidMoly Materials not expressly granted to you in these Terms. You may access and use VidMoly Materials only as reasonably necessary to upload, store and provide links to your User Content. You may not otherwise copy, modify, distribute, display, reverse-engineer or create derivative works from any VidMoly Materials.
By uploading or storing User Content using the Service, you grant VidMoly a limited license to host, store, cache, copy, transmit and make that content available to others solely for the purpose of operating and improving the Service and complying with legal obligations. You retain all other rights in your User Content.

VidMoly does not routinely screen or monitor User Content. However, VidMoly reserves the right, in its sole discretion, to review any User Content and to refuse, remove, disable access to or block the uploading, storage or sharing of any User Content at any time.
VidMoly does not endorse or guarantee the accuracy, quality, legality or reliability of any User Content and is not responsible for any User Content it did not originate.
If you believe that User Content violates these Terms or is otherwise objectionable:

• If your concern relates to copyright or trademark infringement, you must submit a notice in accordance with VidMoly’s Intellectual Property and Rights Policy.
• For other concerns, you may submit a notice via the DMCA / abuse form or by e-mailing vidmoly.dmca[at]gmail.com.

VidMoly may, in its judgment, remove or disable access to User Content, but is not legally obligated to do so except as required by law.

VidMoly may access, preserve and disclose User Content if it reasonably believes this is necessary to:

• comply with any law, regulation, legal process or governmental request;
• enforce these Terms or investigate potential violations;
• detect, prevent or address fraud, security or technical issues;
• respond to user support requests; or
• protect the rights, property or safety of VidMoly, its users or the public.

VidMoly services may be used only for lawful purposes. The transmission, distribution or storage of any content in violation of any law or regulation (including export control laws) is strictly prohibited.
This includes, without limitation, content protected by copyright, patent, trademark, service mark, trade secret or other intellectual property rights, unless you have obtained all necessary permissions from the rights holder.
By using the Service, you represent and warrant that:

• you are the author, rights holder and/or valid licensee of any hosted content; and
• your content does not infringe the intellectual property or other rights of any third party.

VidMoly reserves the right to suspend or terminate any transmission, account or access that, in its discretion, violates these policies or any applicable law or regulation.

Users who register as Affiliates will be paid in accordance with VidMoly’s Affiliate Terms and Conditions. By becoming an Affiliate, you also agree to comply with all other applicable VidMoly policies, including the Intellectual Property and Rights Policy and the Privacy Policy.

Advertising served by or on behalf of VidMoly ("VidMoly Advertising") may appear on the VidMoly website or in communications sent by VidMoly.
All revenue resulting from VidMoly Advertising belongs exclusively to VidMoly. You have no right or entitlement to any portion of such revenue.
VidMoly is not responsible for the content or technology of third-party advertisements displayed on the Site or in communications, and will not be liable for any damages arising from such advertising.

Disclaimer of warranties. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. VidMoly expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

VidMoly does not guarantee that:

• the Service will meet your requirements or expectations;
• the Service will be uninterrupted, timely, secure or error-free;
• the results obtained from use of the Service will be accurate or reliable;
• any defects or errors will be corrected; or
• the Service will be free of viruses or other harmful components.

Limitation of liability. To the maximum extent permitted by law, VidMoly will not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to lost profits, loss of goodwill, loss of data or other intangible losses, resulting from your use of or inability to use the Service or any content.

In any case, the total aggregate liability of VidMoly arising out of or relating to your use of the Service will not exceed the greater of: (a) the total amount paid by you to VidMoly, or (b) the total amount owed by VidMoly to you, under these Terms and any related agreements.

You agree to indemnify, defend and hold harmless VidMoly and its officers, directors, employees, agents and affiliates from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use or misuse of the Service;
• your User Content;
• your violation of these Terms; or
• your violation of any rights of another person or entity.

If you are not satisfied with the service you receive within the first 48 hours, you may request a full refund of your payment.
Refunds are issued only via:

• Tether USDT (TRC20)
• LTC (Litecoin)

Refund payments are processed within a maximum of 72 hours after approval.

Choice of law. These Terms, and any dispute arising out of or relating to the Service, will be governed by the laws of the State of California and the United States of America, without regard to conflict-of-law rules.
Arbitration. Any claim, dispute or controversy between you and VidMoly arising out of or relating to these Terms or the Service will be finally resolved by binding arbitration under the UNCITRAL Arbitration Rules. There will be a single arbitrator, and the language of the arbitration will be English. The arbitrator may award costs, including reasonable attorneys’ fees, to the prevailing party.
Time limit on claims. Any claim related to the Service must be brought within 12 months from the date on which the claim first arose. Otherwise, the claim is permanently barred to the fullest extent permitted by law.
No waiver. VidMoly’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Relationship. VidMoly and its users are independent contractors. These Terms do not create any partnership, joint venture, employment, agency or fiduciary relationship.
Assignment. VidMoly may assign or transfer its rights and obligations under these Terms to any third party. You may not assign or transfer your rights or obligations under these Terms without VidMoly’s prior written consent.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Non-competition. By accessing or using the Service, you represent that you are not a competitor of VidMoly and you agree not to use any information obtained through the Service to compete with VidMoly.
Entire agreement. These Terms, together with VidMoly’s Intellectual Property and Rights Policy, Privacy Policy and (where applicable) Affiliate Terms and Conditions, constitute the entire agreement between you and VidMoly regarding the Service.

VidMoly is committed to cooperating with any and all lawful authorities if an investigation arises, and may share information as required by applicable law or court order.