GamblersWORLD Terms of Service Agreement

This GamblersWORLD Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Gamblersworld.com (“GamblersWORLD,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). GamblersWORLD provides online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”). This Agreement governs your use of our Services.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

Stream videos that you have the right to view;
Upload, store, and stream videos;
Embed our embeddable video player on third-party websites
Use any related functionality that we may provide.

The features available to you may depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period. We may charge for excessive bandwidth use when: (1) plays occur on third-party sites without using our embeddable video player; (2) plays occur within third-party apps (e.g., mobile or connected TV apps); (3) you monetize GamblersWORLD-hosted videos using a third-party payment solution; or (4) you use our video player with a third-party advertising solution.

Monetization: We will allow you to sell digital goods or earn money through sales or advertising in the near future.

3. Accounts

Registration: You may create an account to use certain features we offer (e.g., uploading or streaming videos). To do so, you must provide an email address. You consent to receive notices from GamblersWORLD at this email address.

Organizational Accounts: Corporate and other organizational users must publicly display the legal name of their entity on their public account profile.

Age Requirements: You must be at least 18 years old to create an account. If you wish to use the Services for a commercial purpose, you must be at least 21 years old.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Subscription Plans

Basic Accounts: GamblersWORLD Basic (free) members may not: (a) use the Services for commercial purposes unless they are film professionals or small film businesses; or (b) submit videos that they did not create or play a material part in creating.

Lapse Policy: When a subscription ends, the account will, at GamblersWORLD’s option, revert to free account status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. GamblersWORLD shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require GamblersWORLD to provide any level of post-subscription account status.

5. Acceptable Use Policy

We may allow you to upload, stream, submit, or publish (collectively, to “submit“) content such as videos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5 and our Community Guidelines. GamblersWORLD may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. GamblersWORLD may take all appropriate actions to enforce our rights, including removing specific videos or suspending or removing your account.

5.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send GamblersWORLD a takedown notice to the contact information below if they believe GamblersWORLD is hosting infringing materials. We will terminate the accounts of persons who repeatedly infringe on another person or entity’s copyright.

GamblersWorld respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on GamblersWORLD.com infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

5.2 Content Restrictions

You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
Promotes or supports terror or hate groups;
Exploits minors;
Depicts unlawful acts or extreme violence;
Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
Makes false or misleading claims;
Depicts or encourages self-harm; or
Violates any applicable law;
Promotes illegal offshore sports betting, poker or casino websites;
Depicts illegal betting logos or URLs.

5.3 Code of Conduct

In using our Services, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Access another’s account without permission;
Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
Impersonate any person or entity; falsely claim an affiliation with any person or entity; access the GamblersWORLD.com accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted; or perform any other similar fraudulent activity;
Engage in any unlawful activity;
Promote illegal offshore gambling websites;
Interfere with or damage the operation of the GamblersWORLD Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
Cause or encourage others to do any of the above.

5.4 Prohibited Technical Measures

You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.

5.5 Restricted Users

You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

5.6 Accessibility and Ratings

We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.

6. Licenses Granted by You

As between you and GamblersWORLD, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow GamblersWORLD to host and stream your content, you grant GamblersWORLD the permissions set forth below.

6.1 Your Video Content

By submitting a video, you grant GamblersWORLD permission to:

Stream the video to end users;
Embed the video on third-party websites;
Distribute the video via our APIs;
Transcode the video (create compressed versions of your video file that are optimized for streaming); and
Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).

If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.

The license period begins when you submit the video to GamblersWORLD and ends when you or GamblersWORLD delete it; provided that GamblersWORLD may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when GamblersWORLD in good faith believes that it is legally obligated to do so.

6.2 Account Profile

You grant GamblersWORLD permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.

6.3 Other Content

Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant GamblersWORLD a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to GamblersWORLD on improving or products or services, GamblersWORLD may use your suggestions without any compensation to you.

6.4 Licenses

All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to GamblersWORLD; rather, any breach of a term by GamblersWORLD hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

7. Your Obligations

7.1 Representations and Warranties

For each piece of content that you submit to or through GamblersWORLD, you represent and warrant that:

You have the right to submit the content to GamblersWORLD and grant the licenses herein;
GamblersWORLD will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
The content does not, and will not, infringe any third party’s rights, including intellectual property rights and privacy rights; and
The content complies with this Agreement and all applicable laws.

7.2 Indemnification

You will indemnify, defend, and hold harmless GamblersWORLD and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

To the extent permitted by applicable law, GamblersWORLD takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Gamblersworld liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the GamblersWORLD Services. Your use of the GamblersWORLD Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that GamblersWORLD will not contain any content that is prohibited by such rules.

8. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. GamblersWORLD may terminate this Agreement at any time by providing ten (10) days’ written notice, and users may terminate at any time by deleting their accounts.

If you breach this Agreement, GamblersWORLD may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If GamblersWORLD deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).

9. Disclaimers

GamblersWORLD PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GamblersWORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, GamblersWORLD makes no representations or warranties:

That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
Concerning any content submitted by our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) GamblersWORLD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) GamblersWORLD’S TOTAL LIABILITY TO YOU, EXCEPT FOR GamblersWORLD‘s CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GamblersWORLD OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

11. General Provisions

Choice of Law: This Agreement will be governed by the laws of Pennsylvania and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.

Choice of Venue; Jury Trial Waiver: Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in Montgomery County, Pennsylvania, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, GamblersWORLD AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Reservation of Rights, Severability, Force Majeure: GamblersWORLD reserves all rights not expressly granted herein. GamblersWORLD’s rights and remedies are cumulative. No failure or delay by GamblersWORLD in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. GamblersWORLD will not be liable for any delay or failure caused by a force majeure event.

Relationship: You and GamblersWORLD are independent contractors of one another; neither party is an agent or partner of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by GamblersWORLD or who is prohibited from registering; any such assignment will be void.

Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not GamblersWORLD, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of GamblersWORLD. If you have another signed agreement with GamblersWORLD, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

Notices: You must send any notices of a legal nature to us by email or at:

GamblersWORLD, Inc.
2 Bala Plaza, Suite 300
Bala Cynwyd, PA 19004