Vimeo App
End User License Agreement
Last Updated: September 2011
This End User License Agreement ("Agreement") is between you and Vimeo, LLC ("Vimeo") and governs your use of the Vimeo application (the "Vimeo App") made available through the Apple App Store. The Vimeo App allows you to use certain aspects of Vimeo's service, available at www.vimeo.com (the "Vimeo Service").
- Parties. This Agreement is between you and Vimeo only, and not Apple, Inc. ("Apple"). Vimeo, not Apple, is solely responsible for the Vimeo App and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
- Terms of Service. To use the Vimeo App, you must register to become a Vimeo member. In doing so, you must accept Vimeo's Terms of Service (www.vimeo.com/terms), which are made a part of this Agreement. Please read the Terms of Service carefully as it explains what you may and may not use the Vimeo Service for.
- Privacy. Vimeo may collect and use your information as set forth in its Privacy Policy (www.vimeo.com/privacy), which are made a part of this Agreement. Vimeo also makes the following App-specific privacy disclosure: Vimeo's analytics service provider may collect the following information: your device's Unique Device Identifier (UDID), technical information about the App (such as version number), App session information, your preferred language, and your preferred time zone. After collecting such information, Vimeo's analytics provider will assign a new unique number to replace the UDID and will delete the UDID. The information is then aggregated and used by Vimeo to measure the use and performance of the App. Vimeo may publicly disclose the aggregate information. Vimeo will not share the UDID or any other individual App user data with third parties, except in the case of a court order, subpoena, or a lawful government demand.
- Limited License. Vimeo grants you a limited, non-exclusive, non-transferrable, revocable license to use the Vimeo App for your personal, non-commercial purposes. You may only use the Vimeo App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the App Store Terms of Service.
- Music. The Vimeo App includes certain musical tracks that it has licensed from third party musicians. Vimeo grants you a non-exclusive, non-transferrable, royalty-free perpetual right and license to use these musical tracks in your personal videos for your own personal, non-commercial purposes. You may not use these tracks for any commercial purpose. You must also give credit to the respective musicians (e.g., "music by . . .") if you use their musical tracks in a video. All musical tracks are property of their respective owners.
- Warranty. The Vimeo App is provided for free on an "as is" basis. As such, Vimeo disclaims all warranties about the Vimeo App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Vimeo, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support. Because the Vimeo App is free, Vimeo does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Vimeo, not Apple, shall be obligated to furnish any such maintenance or support.
- Third Party Intellectual Property Claims. Vimeo shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Vimeo App. To the extent Vimeo is required to provide indemnification by applicable law, Vimeo, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Vimeo App or your use of it infringes any third party intellectual property right.
- Product Claims. Vimeo, not Apple, is responsible for addressing any claims by you relating to the Vimeo App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Vimeo App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact Information. Should you have any questions, complaints, or claims relating to the Vimeo App, please contact us at support@vimeo.com.