This GudSho Terms of Service Agreement (the “Agreement” or “Terms of Service'') is made between GudSho Digital. This Agreement governs your use of GudSho owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”). This includes our GudSho OTT Streaming services.
By creating an account, viewing videos, uploading 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.
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, Promote, Stream videos worldwide.
Features : The features available to you will 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.
Unlimited Bandwidth Fair Use Policy: We provide self-serve users with unlimited bandwidth for standard uses of our all accounts that are below the 99th percentile of bandwidth usage.
Transactions : We may offer digital goods for sale. Purchases of GudSho On Demand videos are governed by our GudSho On Demand Viewer Agreement. Purchases of GudSho Stock footage and licenses are governed by our Gudsho Stock License Agreement.
Monetization : We may allow you to sell digital content & videos or earn money through advertising. Your sales of videos are governed by our Seller Addendum.
Downloadable Software : We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, GudSho grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores are subject to our Third-Party Service Addendum.
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. By creating an account, you agree to receive notices from GudSho at this email address.
Organizational Accounts : Corporate, governmental, 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 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians : By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
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.
We offer free memberships that allow you to upload and stream video content.
Refund Policy : Subject to the terms hereof, Self-Serve subscribers who purchase plans directly from GudSho may cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing a plan.
Automatic Renewal : To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.
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. GudSho may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. GudSho may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
You may only upload content that you have the right to upload and share. Copyright owners may send GudSho a takedown notice as stated in our Copyright Policy if they believe GudSho is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
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;
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 about vaccination safety;
Conveys false or misleading health-related information that has a serious potential to cause public harm;
Claims that mass tragedies are hoaxes or false flag operations;
Depicts or encourages self-harm; or
Violates any applicable law.
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;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Engage in any unlawful activity;
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.
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.
We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
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.
As between you and GudSho, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow GudSho to host and stream your content, you grant GudSho the permissions set forth below.
By submitting a video, you grant GudSho permission to :
Stream the video to end users;
Distribute the video via Social Media;
Transcode the video (create compressed versions of your video file that are optimized for streaming); and
You grant GudSho 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. GudSho shall have the right to identify public profiles in its marketing and investor materials.
For each piece of content that you submit to or through GudSho, you represent and warrant that :
You have the right to submit the content to GudSho and grant the licenses herein;
You have obtained appropriate releases (if necessary) from all persons who appear in the content;
The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless GudSho and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (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.
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. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan, GudSho may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, GudSho 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 GudSho deletes your account for breach, you may not re-register.
GUDSHO 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, GUDSHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) GUDSHO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF GUDSHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) GUDSHO’S TOTAL LIABILITY TO YOU, EXCEPT FOR GUDSHO’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY).
Reservation of Rights, Severability: GudSho reserves all rights not expressly granted herein. GudSho’s rights and remedies are cumulative. No failure or delay by GudSho 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.
Force Majeure : GudSho will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within GudSho’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, GudSho shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.