Terms of use

Terms of Use

By using the Vnesys Service, you agree to abide by these Terms of Use, which include the Prohibited Content Policy and the Data Protection Annexes outlined below (along with the incorporated Standard Contractual Clauses). We encourage you to review them thoroughly.

SECTION 1: DESCRIPTION OF THE VNESYS SERVICE

1.1. Vnesys (“Vnesys,” “we,” “us,” or “our”) operates a unique, free video hosting service that allows users to upload, store, and share videos while accessing and viewing those shared videos in conjunction with advertising. The Vnesys Service comprises the Vnesys website, the Vnesys video player that can be embedded into any website or application (the “Video Player”), the Vnesys apps and web apps available (online or offline) on any current or future device capable of distributing the Vnesys website and/or the Video Player, as well as any other Vnesys products, content, channels, software, data feeds, services, and functionalities (collectively referred to as the “Vnesys Service”).

1.2. By accessing and/or using the Vnesys Service without being logged into a Vnesys Account, you (“You” or “Your,” as applicable) will be referred to as a “Viewer.” As a Viewer, you will only be able to access, view, or share videos available on the Vnesys Service but will not have access to all the other features of the Vnesys Service. A “Vnesys Account” refers to the video content storage space dedicated to a User (as defined below) on the Vnesys Service, which can be created by signing up via www.vnesys.com.

1.3. If you wish to upload videos and access additional features of the Vnesys Service, you will first need to create a Vnesys Account and validate your email address (see Section 1.4). At that point, you will be considered a “User.” However, after creating your Vnesys Account and until your email address is validated as per the defined process below, you will be classified as an “Account Applicant” and will not have the ability to upload videos or access other features of the Vnesys Service.

1.4. The information you provide to create your Vnesys Account must be accurate and complete. To verify the validity of the email address you provided, you will receive an email from Vnesys prompting you to validate it.

1.5. By creating a Vnesys Account, you agree that you are solely responsible (to Vnesys and to others) for all activities that occur under your Vnesys Account. The user ID and password required to access your Vnesys Account and its associated features are your sole responsibility, and you must keep them confidential. You agree to promptly notify Vnesys of any unauthorized use of your User ID, password, or any other breach of your Vnesys Account’s security.

1.6. As a User, you will also have access to additional features of the Vnesys Service, and if you accept the terms of the Vnesys Partner Program, you will then be classified as a “Partner,” giving you the opportunity to monetize the Content you upload to your Vnesys Account.

1.7. As a User or Partner, you may upload video files (which must comply with the Terms) to the Vnesys Service. All elements posted through your Vnesys Account on the Vnesys Service are considered “Your Content.”

1.8. As a User or Partner, you are expected to actively participate in the Vnesys community. Consequently, you acknowledge that if your Vnesys Account remains inactive for an extended period, Vnesys reserves the right to delete, reclaim, or remove your account at its sole discretion, with or without prior notice to you.

1.9. All individuals or entities accessing the Vnesys Service may collectively be referred to as “Visitors,” regardless of their status (e.g., Viewer, Account Applicant, User, or Partner).

1.10. The Vnesys Service provides access to videos in conjunction with advertising. The presence of advertisements is a fundamental aspect of our Services. The use of technical means or other methods aimed at preventing the display of ads (commonly referred to as “ad-blockers”) is strictly prohibited and may result in your access to our Service being blocked.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Whether you are a Viewer, an Account Applicant, a User, or a Partner—whether an individual or an entity—you hereby express your unconditional agreement to (1) these Terms of Use, which include the Prohibited Content Policy and the Data Protection Appendices outlined below, and (2) all other policies of Vnesys, including but not limited to Vnesys’s privacy and cookie policies, which are accessible at any time from the homepage of the Vnesys website and incorporated herein by reference (collectively referred to as the “Terms”). If you do not accept or cannot comply with any of the Terms, you may not use the Vnesys Service. By using the Vnesys Service, you acknowledge that you have read and understood the Terms and agree that Vnesys will regard your use of the service as acceptance of the Terms.

2.2.1. If you reside in a country that is part of the European Economic Area, the United Kingdom, or Switzerland, the Terms constitute a legally binding agreement between you and Vnesys SA regarding your use of the Vnesys Service. Any reference to “Vnesys” in the Terms will always refer to “Vnesys SA,” whose details are provided here.

2.2.2. If you reside in a country that is not part of the European Economic Area, the United Kingdom, or Switzerland, the Terms constitute a legally binding agreement between you and Vnesys Inc. regarding your use of the Vnesys Service. Any reference to “Vnesys” in the Terms will always refer to “Vnesys Inc.,” whose details are provided here.

2.3. Vnesys may, at its sole discretion, modify the Terms from time to time, and you agree to be bound by such modifications. While we may notify you of significant changes made to the Terms, you should periodically review the latest version, which is always available on the homepage of the Vnesys website. If you do not agree with the modified Terms or cannot comply with them, your only option is to discontinue your use of the Vnesys Service. Your continued use of the Vnesys Service after the effective date of the modified Terms will constitute your acceptance of the modified Terms.

2.4. You may not use the Vnesys Service if (a) you are not of legal age to form a binding contract with Vnesys, or (b) you are a person who is either barred or legally prohibited from receiving or using the Vnesys Service under the laws of the country in which you reside or from which you access or use the Vnesys Service.

2.5. If you are not an individual (i.e., a corporation or other legal entity), you represent to Vnesys that you have all necessary corporate or equivalent authority and power to agree to the Terms, which you acknowledge shall be binding on the corporation, partnership, association, or other entity on whose behalf you are using or accessing the Vnesys Service.

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant you a personal, non-exclusive, non-transferable, and revocable right to access and use the Vnesys Service, which is contingent upon your compliance with the Terms.

4.2. The material (excluding Your Content and Third-Party Videos) available on or accessible through the Vnesys Service, including but not limited to text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Vnesys Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other materials and software (collectively referred to as “Vnesys Material”), is the exclusive property of Vnesys and its licensors. This material is protected by copyrights, trademarks, trade secrets, and other proprietary rights and is subject to applicable laws and regulations.

4.3. The Vnesys Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of Vnesys or its licensors. You agree not to use or exploit the Vnesys Material in any way that is inconsistent with the rights granted or restrictions set forth herein. This includes, but is not limited to, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not permitted to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based on any Vnesys Material, either in whole or in part.

4.4. All rights not expressly granted in the Terms are reserved by Vnesys and its licensors.

SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER

5.1. As a web hosting service provider, Vnesys has no legal obligation to monitor the content uploaded to the Vnesys Service, nor is it required to actively seek facts or circumstances that indicate illegal content. However, upon being notified of infringing content, Vnesys will promptly remove or disable access to such content from its Service. Additionally, Vnesys does not have any legal obligation to review or inspect content for potential illegality or infringement before it becomes viewable on the Vnesys website.

5.2. You acknowledge and agree that the owners of Third-Party Videos, along with Vnesys as per Section 5.1, may remove content uploaded by Vnesys users (including Your Content) from the Vnesys Service without prior notice. Regardless, you remain fully liable for Your Content.

5.3. You agree that your use of the Vnesys Service is at your own risk and liability. Specifically, you are solely responsible for (i) your use of the Vnesys Service, particularly regarding Your Content (including any personal data incorporated therein), and (ii) ensuring the protection of your computer hardware against viruses or other interruptions.

5.4. You acknowledge and agree that the Vnesys Service, in whole or in part (including but not limited to its appearance, thematic channels, and functionalities), through which Your Content is distributed, as well as any Third-Party Videos, are provided “AS IS” and “as available” without any warranties of any kind from Vnesys or any owners of the Third-Party Videos. Neither Vnesys nor any owners of the Third-Party Videos guarantee that the Service, Vnesys Material, or any other software, content, or information made available to you through the Vnesys Service is free from viruses or harmful components. Vnesys may enhance, modify, or update its Service at its discretion. For clarity, you have no entitlement to request modifications to the Vnesys Service.

5.5. Vnesys, its affiliates, officers, directors, employees, agents, vendors, and suppliers, along with the owners of Third-Party Videos (collectively referred to as the “Vnesys Parties”), disclaim all warranties, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by applicable law. The Vnesys Parties also disclaim all warranties and assume no liability for any content present on the Vnesys Service, including but not limited to mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity that you may encounter. The Vnesys Parties make no warranty that the Vnesys Service or its functionalities will be uninterrupted, error-free, or secure, including regarding the delivery of Your Content or any limitations on your or any Visitor’s ability to access, view, or use Your Content or any other content.

5.6. Vnesys is not responsible for (i) any malfunctions inherent to the nature of the Internet that affect access to and/or use of the Vnesys Service, or (ii) any failure to meet its obligations due to force majeure or unintentional causes. Unless otherwise stated, Vnesys does not provide any guarantees, whether express or implied, in any area, including, but not limited to, guarantees of fitness for a particular purpose. Furthermore, Vnesys is not responsible for any data related to Third-Party Videos provided by their respective owners, including video titles, descriptions, categories, etc.

5.7. Nothing in this section shall exclude or limit Vnesys’s liability for losses that cannot be lawfully excluded or limited by applicable law. Subject to this overarching provision, Vnesys shall not be liable for:

(a) any indirect or consequential losses incurred by you, including (i) any loss of profit (whether direct or indirect); (ii) loss of goodwill or business reputation; (iii) loss of opportunity; or (iv) loss of data; or

(b) any loss or damage arising from: (i) reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Vnesys Service; (ii) changes made by Vnesys to the Service, or any permanent or temporary cessation in the provision of the Service (or any of its features); (iii) deletion, corruption, or failure to store any content and communication data maintained or transmitted through your use of the Vnesys Service; (iv) your failure to provide accurate account information; or (v) your failure to keep your password or account details secure and confidential.

5.8. The limitations on Vnesys’s liability set forth in this section apply regardless of whether Vnesys was advised of or should have been aware of the possibility of such losses.

Some jurisdictions may limit or disallow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent that such jurisdiction’s laws apply to the Terms.

SECTION 6: RESTRICTIONS ON YOUR USE OF THE VNESYS SERVICE AND ITS RELATED TECHNOLOGIES

6.1. Given the user-driven nature of the Vnesys Service, you are solely responsible for your usage of the Vnesys Service, your Vnesys Account, and/or the content you upload to Vnesys. In this context, you guarantee as a fundamental condition that your use of the Vnesys Service, your Vnesys Account, and/or your Content, as well as any images, data, and/or text that you may share through the Vnesys Service:

(i) does not violate any applicable laws or regulations, and does not promote or incite illegal activities.

(ii) does not contain child pornography, sexual abuse, or any form of sexually explicit content.

(iii) does not infringe upon the intellectual property rights of any third party (including but not limited to sounds, music, excerpts from any television shows, films, brands, logos, advertisements, or any other materials that you have not created yourself or for which you do not possess the necessary clearances and permissions from the relevant rights holders or copyright collection organizations).

(iv) does not violate:

• Human rights (including incitement to hatred based on origin, religion, sexual orientation, gender, gender identity, or disability of an individual or group, denying crimes against humanity, or acts that violate human dignity).
• Individual rights (especially by spreading defamatory, slanderous, or offensive material, including threats, intimidation, bullying, or harassment).
• Rights of publicity and privacy (particularly impersonating an individual or legal entity).
• Rights concerning personal information.

(v) does not support or promote:

• Organizations or individuals advocating for violence or engaged in violent activities, including terrorism, organized hatred, human trafficking, and organized crime.
• The commission of violent extremist or terrorist acts.
• Violence and any other dangerous activities.

(vi) does not contain verifiably false or misleading information which:

• Is created, presented, and disseminated for economic gain or to intentionally mislead the public; and/or
• May cause public harm or is intended to threaten democratic processes, public health, the environment, or individual safety.

(vii) is not spam or involves deceptive practices aimed at misleading a visitor (this includes excessively lengthy content or content that compels unwanted and/or unsolicited actions—automated or manual—that falsely inflate views, impressions, or clicks associated with your content).

(viii) does not misuse reporting or complaint features, particularly to make baseless or fictitious claims or accusations.

6.2. By uploading or sharing images, data, and/or text to or through the Vnesys Service, you explicitly confirm that you are not uploading any material that violates the restrictions defined in Section 6.1 and that you possess all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant rights holders, and have paid any royalties or fees required by any licenses or permissions necessary to upload and distribute your content on the Vnesys Service.

6.3. Noncompliance with the Terms may result in (i) the removal of your content, (ii) deactivation of your Vnesys Account, (iii) blockage of your use of the embeddable Vnesys Video Player, and/or (iv) modification or removal of any elements or data related to your content or your Vnesys Account (e.g., allegedly infringing usernames, inappropriate metadata, etc.) from the Vnesys Service. Furthermore, Vnesys reserves the right to report any violations of these provisions to relevant legal authorities, and you may be held personally liable for criminal sanctions applicable to the content in question, as well as any applicable civil damages depending on the contentious nature of the content.

6.4. Because the Vnesys Service is not intended as a video backup solution, you are responsible for taking all necessary precautions to protect your video files. Additionally, in accordance with current rules regarding inactive content and accounts, we reserve the right to delete your inactive content and/or your Vnesys Account from our Service.

6.5. Moreover, you shall not (i) falsely inflate the number of views, impressions, or clicks associated with your content or third-party videos, either directly or indirectly, automatically (through bots or scrapers) or manually, (ii) authorize or encourage any third party, including offering any financial incentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals processes, including by submitting false or frivolous claims.

6.6. You also affirm that any website or applications on which you export your content and/or third-party videos through the embeddable Vnesys Video Player do not include any elements that: (i) infringe upon any intellectual property rights of third parties, (ii) harm any person (including defamation, slander, abuse, etc.) or violate any third-party privacy rights, (iii) promote violence or hatred against any individual or group or cruelty to animals, (iv) contain sexually explicit or suggestive content, (v) encourage drug use or any illegal activities, (vi) threaten public order or standards of decency and morality, (vii) include any elements mentioned in Section 6.1, or (viii) violate any applicable laws. Furthermore, you guarantee that your use of the embeddable Vnesys Video Player will not be for: (i) any activity that implies product, trademark, or artist endorsement without authorization from the relevant rights owner, (ii) resale of any aspect of the Vnesys Service, (iii) any unauthorized third-party contests, or (iv) synchronization of the underlying musical composition that might be included in the content displayed through the embeddable Vnesys Video Player, or any other use involving visual media output. You also agree not to modify, build upon, or block any part of the functionality of the Vnesys Video Player, including but not limited to links back to the Vnesys website. By embedding your content and/or other users’ content through the embeddable Vnesys Video Player on any website or application, you assure that you have all necessary rights and/or authorizations from the owners of such websites or applications and have paid any required royalties or fees pursuant to any licenses or permissions needed for that distribution.

6.7. You agree not to alter or modify any part of the third-party videos and/or the Vnesys Service (including but not limited to the Vnesys Video Player and its related technologies). You agree not to (or attempt to) bypass, disable, reverse engineer, or otherwise interfere with any security-related features of the third-party videos, the Vnesys Service, or features that (i) prevent or restrict the use or copying of content or (ii) enforce limitations on the use of the Vnesys Service or the content accessible through the Vnesys Service. You agree not to collect or harvest any personal data from any visitor of the Vnesys Service and not to use the Vnesys Service for business solicitation in connection with a commercial enterprise.

6.8. You agree not to use the Vnesys Service or any of its related technologies (including but not limited to the Vnesys Video Player, the website, the app, and the web app) for any commercial purposes unless you obtain prior written approval from Vnesys, especially for any of the following uses: (i) selling access to the Vnesys Service, (ii) selling advertising, sponsorships, or promotions placed on or within the Vnesys Service or content or Vnesys Video Player.

6.9. You acknowledge that using the Vnesys Service within an unauthorized framework, such as broadcasting or publicly displaying any Vnesys users’ content in public venues or stores, is prohibited without Vnesys’s express written consent. You agree not to access content hosted on the Vnesys Service for any reason other than your personal, non-commercial use as intended and permitted through the normal functionality of the Vnesys Service, and solely for streaming purposes. “Streaming” refers to a digital transmission of an audiovisual work from the Vnesys Service to an internet-enabled device operated by a visitor in such a way that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the visitor. Accessing third-party videos for any purpose or in any manner other than streaming and personal use is expressly prohibited. If you wish to use another user’s content for any other purpose, particularly for commercial use, you are solely responsible for obtaining the necessary prior authorization. In all circumstances, you understand that your use of third-party videos will be limited by copyright law. You agree that you will not attempt to modify any third-party videos for any reason, including disguising or changing any indications of the ownership or source of the content. You agree to indemnify and hold harmless Vnesys and its affiliates from any liability, loss, damages (including punitive damages), claims, settlements, costs, expenses, interests, awards, judgments, fines, fees (including reasonable attorneys’ fees), and penalties arising from or relating to (i) your content, (ii) your violation of the Terms, (iii) your use of the Vnesys Service, and (iv) your violation of any third-party rights, including copyright, property, publicity, or privacy rights.

6.10. You agree not to access, view, upload, store, share, or export any third-party videos deemed illegal and/or contravening the conditions set forth in Section 6.1, especially not to use any content that would infringe copyrights therein.

6.11. You acknowledge and agree that the Vnesys Service is meant solely for you and your intended use, and you agree to respect all limitations and restrictions outlined herein.

SECTION 7: REPORTING PROHIBITED CONTENT

7.1. Vnesys has established a straightforward reporting mechanism located next to each video uploaded to the Vnesys Service. This feature allows anyone to report any infringing or illegal material and/or activities on the Vnesys Service as outlined in Section 6.1.

7.2. Detailed procedures for reporting prohibited content can be found at the following URL: http://www.vnesys.com/legal/prohibited and within our Help Center at

SECTION 8: DATA, ADVERTISEMENTS, AND PRIVACY

8.1. Records of Vnesys are securely stored in accordance with standard safety practices and applicable laws. These records will serve as proof of emails exchanged, registration forms submitted, videos uploaded, and other activities conducted within the Vnesys Service. In the event of any discrepancies between our records and any paper or electronic documents in your possession, our records will be considered authoritative.

8.2. The Vnesys Service may include links to websites operated by third parties (referred to as “Linked Sites”). If you choose to visit any Linked Site, you do so at your own risk, and it is your responsibility to take all necessary precautions against viruses or other harmful elements. Vnesys is not responsible for any issues related to Linked Sites, and no Linked Site, regardless of its linking format (such as hotlinks, hypertext links, or IMG links), is maintained, controlled, endorsed, monitored, or governed by Vnesys.

8.3. In line with common Internet practices, you acknowledge and agree that advertisements may be integrated into the Vnesys Service and may be associated with your Vnesys account and/or your content.

8.4. While using our Service, the data you provide or that we collect about you is stored by Vnesys on servers owned by Vnesys and our service providers (such as cloud storage providers), located both in the European Economic Area (“EEA”) and outside the EEA.

Specifically, your video content is stored within the EEA. If you choose to make your video content available outside the EEA, temporary cached copies of portions of your video content may be stored outside the EEA due to the technical requirements of video delivery technology.

Your comments are stored outside the EEA, specifically in the USA.

Like any other business, Vnesys employs third-party services to operate its functions. Some of these services necessitate processing your data outside the EEA. For instance, we use non-EEA cloud storage to keep information related to the delivery of advertisements shown to you. For more information on how your personal data is processed outside the EEA, please refer to our Privacy Policy.

Due to the technical constraints related to the international presence of the Vnesys Service, it is not feasible to store data in a single country. Vnesys has implemented, or ensured that its service providers have implemented, industry-standard systems and procedures to protect the security and confidentiality of your data against anticipated threats or unauthorized access. However, if you prefer that your data not be stored outside of your country of residence, please refrain from using the Vnesys Service. By using the Vnesys Service, you consent to the transfer, processing, and storage of data, including personal data.

For clarity, when the provision or use of the Vnesys Service involves the transfer of personal data outside of the country of residence of the data subject, each party will comply with the legal obligations regarding such transfers, storage, and processing. Specifically, when your content contains personal data of third parties, you must ensure that you have obtained all necessary authorizations and consents (including, when applicable, the consent of the data subjects) prior to using the Vnesys Service and any resulting transfer.

8.5. As a user, you can upload content (including the title and description of the video) that may contain personal data. Please remember that you remain responsible for processing any personal data contained therein, while Vnesys acts solely as a Data Processor of that data, as defined by applicable data protection laws. As a Data Controller, you commit to adhering to applicable data protection laws, particularly in the lawful collection and processing of this data and in responding to requests from data subjects. You warrant that you have obtained and will maintain all required consents from third parties whose personal data is included in your content, as necessary for us to provide the Vnesys Service. For more details on your status as a Data Controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the EEA that may be included in the content you upload, please refer to the provisions outlined in Appendix A of the Terms.

8.6. Vnesys takes your privacy and the protection of your personal data collected and processed in connection with your use of the Vnesys Service very seriously. To learn more about the personal data we collect, how we collect it, and the related processes, you can review our Privacy Policy at any time, accessible from the Vnesys homepage.

SECTION 9: MISCELLANEOUS

9.1. You acknowledge and agree that these Terms will remain enforceable for as long as you use the Vnesys Service or any of its features, regardless of whether you are a Viewer, an Account Applicant, a User, or a Partner. For clarity, activities such as watching videos on the Vnesys Service, exporting the Vnesys Video Player, and maintaining a Vnesys Account are all considered uses of the Vnesys Service.

9.2. Any obligations that explicitly, or by their nature, continue after the termination, cancellation, or expiration of these Terms shall survive and remain in effect.

9.3. If any provision of these Terms is deemed unenforceable due to the application of any law, regulation, or decision by a competent authority, that provision will be considered not part of the Terms, while all other provisions will remain in force.

9.4. You acknowledge that if Vnesys does not take immediate action in response to your failure to comply with these Terms, this does not imply that Vnesys waives any rights we may have, including, but not limited to, the right to take action in the future.

9.5. If you reside in a country that is part of the European Economic Area, the United Kingdom, or Switzerland, you agree that any disputes between you and Vnesys arising from or relating to these Terms or your use of the Vnesys Service will be governed by the laws of France, without reference to its conflict of laws principles. You also agree that any claim or dispute between you and Vnesys will be settled in a court of competent jurisdiction located in Paris.

If you reside in a country that is not part of the European Economic Area, the United Kingdom, or Switzerland, you agree that any disputes between you and Vnesys arising from or related to these Terms or your use of the Vnesys Service will be governed by the laws of New York, without reference to its conflict of laws principles. You also agree that any claim or dispute between you and Vnesys will be resolved in a court of competent jurisdiction located in New York County.

9.6. Subject to any Vnesys Partner Program Agreement mentioned in Section 1.6, these Terms represent the entire agreement between Vnesys and you regarding the Vnesys Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, concerning the Vnesys Service.

9.7. A printed version of these Terms and any notices given in electronic form will be admissible in judicial or administrative proceedings based on or related to these Terms, under the same conditions as other business documents and records originally generated and maintained in printed form.

9.8. You agree that Vnesys may provide you with notices, including those regarding changes to these Terms, via email, regular mail, or postings on the Vnesys Service.

9.9. If any provision of these Terms is considered invalid either as written or due to the application of a law, regulation, or decision by a competent authority, it will be treated as not part of these Terms, while all other provisions will remain in force.

9.10. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

9.11. You affirm that you are either over 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to comply with them. In any case, you affirm that you are over the age of 13, as the Vnesys Service is not intended for children under 13. If you are under 13 years of age, please do not use the Vnesys Service.

APPENDIX A – Prohibited Content Policy

Vnesys is committed to providing a safe and respectful viewing environment for its users. To protect its community, Vnesys prohibits the content defined in Section I below (“Prohibited Content”) and has developed features to limit the visibility of sensitive content outlined in Section IV.

As a hosting service provider, Vnesys cannot guarantee that inappropriate or illegal content will not disrupt your experience. Vnesys is neither legally required nor capable of monitoring every piece of content uploaded to the Service. Therefore, we encourage users to report any Prohibited Content using the methods described in Section II.

Users are strictly prohibited from uploading any content that falls into the categories of Prohibited Content as defined in Section I. Violations may result in consequences outlined in Section III.

I) PROHIBITED CONTENT CATEGORIES

Vnesys values the diversity of information sources on the Internet, allowing users to form opinions freely and safely. To maintain a safe space for exchange and sharing while respecting individual liberties, we have implemented rules prohibiting the sharing of certain content, defined below, and any content that could violate applicable laws or regulations. Note that this list of Prohibited Content is not exhaustive, and definitions may be adapted based on differing contexts.

These rules apply to all forms of content broadcasted on the Vnesys Service, including videos available on the platform, live streams, video descriptions or titles, thumbnails, keywords, playlists, channels, and usernames.

A. Pornographic or Sexually Explicit Content

Vnesys strictly prohibits any pornographic content. This includes any content representing or legitimizing non-consensual sexual acts.

Prohibited content includes:

• Representations of pornographic scenes (real, animated, or illustrated)
• Explicit depictions of sexual acts or nudity in a sexual context
• Non-consensual sexual acts or unwanted sexualization
• Appeals to sexual fetishes or sexual gestures
• Incestuous scenes or staged sexual acts
• Zoophilia or pimping content
• Revenge porn or sextortion
• Explicit depictions of genitals or use of sex toys
• Threats or encouragement of sexual assault or exploitation

Certain educational, documentary, scientific, or artistic contexts may allow for the exceptional maintenance of such content, but Vnesys reserves the right to reduce its visibility.

Violators will face consequences as described in Section III, and illegal activities will be reported to the relevant authorities.

B. Content Depicting a Child in Danger or Being Abused

Any sexually explicit content featuring children or exploiting minors is strictly prohibited. This includes any content that abuses or endangers a child.

Prohibited content includes:

• Sexual representations of children
• Promotion of incest or pedophilia
• Depictions of children as victims of sexual abuse
• Instructions for or invitations to participate in child sexual assault
• Grooming or sextortion attempts
• Sexualization or depiction of children in a sexual context
• Any form of abuse or harassment of children
• Representations of children in dangerous situations

Educational, documentary, scientific, or artistic contexts may allow for the exceptional maintenance of such content, but Vnesys may apply parental filters to reduce visibility.

Violators will face consequences as described in Section III, and illegal activities will be reported to the relevant authorities.

C. Content That May Offend Visitor Sensibilities

Vnesys has established rules to protect users, especially young audiences, from potentially offensive videos (“Sensitive Content”).

Sensitive Content includes:

• Scenes of nudity or sexual challenges
• Violent war scenes or sexual themes
• Depictions of violence or real medical procedures
• Accidents or scenes of animal cruelty

Users must restrict access to any Sensitive Content by checking the appropriate box during upload. For more information on Restricted Mode, please refer to Section IV.

Violators will face consequences as described in Section III.

D. Hateful Content

Vnesys prohibits any content that contains hateful behavior or undermines human dignity. This includes content that attacks, insults, threatens, or incites hatred against individuals or groups based on attributes such as race, ethnicity, nationality, religion, sexual orientation, gender identity, and more.

Prohibited content includes:

• Encouragement of violence against individuals or groups based on personal attributes
• Relaying hateful or humiliating speech or acts
• Dehumanizing individuals or groups
• Supporting or glorifying hateful ideologies
• Promoting conversion therapy or practices aimed at changing sexual orientation or gender identity

Certain educational, documentary, scientific, or artistic contexts may allow for the exceptional maintenance of such content, but Vnesys reserves the right to reduce visibility.

Violators will face consequences as described in Section III, and illegal activities will be reported to the relevant authorities.

E. Content Glorifying, Normalizing, or Denying a Crime

Vnesys strictly prohibits any content that legitimizes, glorifies, normalizes, or denies violent events or international crimes committed against populations, nations, or groups based on personal attributes or characteristics. This includes any content advocating crimes against persons or property.

Prohibited content includes:

• Advocacy or denial, minimization, or trivialization of genocide against the Jewish community during World War II.
• Advocacy of war crimes, crimes against humanity, enslavement, exploitation, or collaboration with the enemy, regardless of whether perpetrators were convicted.
• Denial, minimization, or trivialization of other genocides, enslavement, or war crimes with a criminal conviction.
• Advocacy of intentional attacks on life, personal integrity, or sexual assault.
• Advocacy of aggravated robbery, extortion, vandalism, destruction, or actions that may endanger people.

This list is not exhaustive and applies to all types of content. Some content may be maintained on the Vnesys Service if it serves an educational, documentary, scientific, or artistic purpose, but Vnesys reserves the right to reduce its visibility.

Any user who violates these rules or encourages such violations will face the consequences outlined in Section III. Illegal activities will be reported to the relevant authorities.

F. Disinformation

Vnesys prohibits the dissemination of false, misleading, or malicious information that may disturb public order or opinion.

Prohibited content includes:

• Content that presents events with deceptive elements or that risks major harm.
• Manifestly false or inaccurate allegations that interfere with election fairness.
• False claims aimed at delegitimizing election results.
• Dissemination of false information that risks injury or violence.
• False medical information contradicting local health authorities or the World Health Organization (WHO).
• Exaggerated claims about miracle treatments for chronic diseases.
• Altered or edited content meant to mislead users.
• Content created or modified using AI for manipulation or disinformation.

This list is not exhaustive and applies to all types of content. Educational, documentary, scientific, or artistic contexts may allow for exceptional maintenance of such content, but Vnesys reserves the right to reduce visibility.

Violators will face the consequences outlined in Section III, and illegal activities will be reported to the relevant authorities.

G. Terrorist Content

Vnesys prohibits any content that advocates or promotes violent extremist or terrorist organizations, individuals, or acts.

Prohibited content includes:

• Provocation of terrorist offences or glorification of such acts.
• Encouragement to participate in terrorist offences.
• Praise or support for violent extremist individuals or groups.
• Support for terrorist ideologies.
• Encouragement to join violent extremist or terrorist organizations.
• Instructions on committing terrorist offences.
• Content depicting images, symbols, or names associated with violent extremist or terrorist organizations.
• Content originating from criminal or terrorist organizations.
• Depictions of hostages.
• Solicitation, threats, or intimidation on behalf of criminal or terrorist organizations.

This list is not exhaustive and applies to all types of content. Some content may be maintained on the Vnesys Service if it serves an educational, documentary, scientific, or artistic purpose, but Vnesys reserves the right to reduce visibility.

Violators will face the consequences outlined in Section III, and illegal activities will be reported to the relevant authorities.

H. Shocking, Malicious, Violent, or Dangerous Content

Vnesys strictly prohibits any macabre, sadistic, threatening, violent, or harmful content, as well as any content intended to shock or inspire disgust. This includes any content that encourages, normalizes, or glorifies violence, suffering, or dangerous situations.

Prohibited content includes:

• Content that endangers others, including encouragement of dangerous challenges or self-harm.
• Use of excessively vulgar or offensive language.
• Sale or trade of prohibited products (firearms, drugs, etc.).
• Violation of regulations regarding gambling or the sale of controlled substances.
• Encouragement or promotion of animal torture or cruelty.
• Explicit or gruesome images of violence or severe physical harm.
• Praise or incitement to join cults or sectarian movements.
• Incitement to violence, including encouragement of violent acts.
• Promotion or instructions related to criminal activities against persons, animals, or property.

This list is not exhaustive and applies to all types of content. Some content may be maintained on the Vnesys Service if it serves an educational, documentary, scientific, or artistic purpose, but Vnesys reserves the right to reduce visibility.

Violators will face the consequences outlined in Section III, and illegal activities will be reported to the relevant authorities.

I. Misleading and/or Spam Content

Vnesys prohibits the dissemination of misleading or fraudulent content. Spam, scams, and any deceptive practices intended to abuse or mislead users are not allowed on Vnesys.

Prohibited content includes:

• Financial or investment-related scams (e.g., fake products or services, get-rich-quick schemes, fake charities).
• Offers to buy or sell personal information (e.g., selling credentials for paid subscription services).
• Content aimed at defrauding users with exaggerated promises (e.g., miraculous treatments, miracle diets, quick money schemes).
• Content automatically generated by computers (bots) that impacts user experience or quality.
• Misleading, automatic, or deceptive redirects to external content.
• Content posted to artificially inflate metrics (e.g., subscribers, likes, views).
• Content that does not match its metadata, thumbnails, title, or description.
• Content intended to entice users to install malicious or deceptive applications, programs, or software.
• Content that is repeatedly posted across different media (videos, channels, accounts).

This list is not exhaustive and applies to all types of content. Some content may be maintained on the Vnesys Service if it serves an educational, documentary, scientific, or artistic purpose, but Vnesys reserves the right to reduce its visibility.

Any user who violates these rules or encourages violations will face the consequences outlined in Section III. For more information on this type of content, you can read the dedicated article in the Vnesys Help Center.

J. Copyright-Infringing Content

Vnesys prohibits any copyright-infringing content. Distributing content that reproduces all or part of a work protected by copyright without authorization is forbidden.

Prohibited content includes:

• Pre-existing music and songs (recordings, soundtracks).
• Audiovisual works (films, series, video clips, advertisements).
• Dramatic works (plays, operas, musicals, live performances).
• Graphic and plastic works (paintings, sculptures, photographs, digital creations).
• Video games.
• Written works (literary works, courses, articles, poetry).

Users must obtain necessary authorizations for distribution.

Important notes:

• The term “work” is broad, and originality is the only condition for copyright protection. All content may be subject to copyright, requiring authorization for exploitation.
• Works in the public domain may still have certain requirements, including respect for moral rights.
• Certain uses of protected works may be permitted without authorization if they fall within exceptions to copyright as provided by applicable laws (e.g., French Intellectual Property Code).

Any user who violates these rules or encourages violations is liable to the consequences outlined in Section III. For more information, refer to our dedicated article in the Vnesys Help Center.

K. Content Infringing Others’ Rights

Vnesys prohibits content that threatens, offends, or infringes on the rights of others.

Prohibited content includes:

• Any form of harassment, including:
  • Cyber-harassment (e.g., group harassment).
  • Sexual or sexist language that degrades or humiliates individuals.
• Insults, including:
  • Vulgar or offensive language aimed at belittling others.
  • Contemptuous or violent insults.
• Threats, including:
  • Threats of blackmail or hacking.
  • Threats to physical integrity or property.
  • Threats to disclose personal information (doxing).
• Disclosing personal information without consent.
• Infringement on privacy or image rights.
• Defamatory statements.
• Infringement on trademark rights.

This list is non-exhaustive and applies to all types of content. Any user who violates these rules or encourages violations will face the consequences outlined in Section III. For more information, see the dedicated article in the Vnesys Help Center.

L. Any Other Content Violating Applicable Laws or Regulations

Prohibited content includes any content that violates applicable laws and regulations.

II) DETECTION AND REPORT OF PROHIBITED CONTENT

As a hosting service provider, Vnesys has no general legal obligation to monitor the content uploaded on the Vnesys Service or to investigate facts or circumstances revealing illicit activities. However, Vnesys must promptly remove or disable access to any illicit content upon being informed of its existence.

To address this, Vnesys has implemented detection and reporting tools that allow the platform to identify the presence of prohibited content. The presence of content that may violate the Prohibited Content Policy can be reported to Vnesys through two means:

• A. Automatic Detection Devices
• B. User Reporting Tools

A. Automatic Detection Devices

The automatic detection mechanisms employed by Vnesys include:

1. List of Keywords and Short Phrases
   Vnesys maintains a list of keywords and short phrases to prevent the uploading of content that clearly violates this Prohibited Content Policy. This list is updated weekly, taking into account the “Moderation Decisions” made in the past six months.

   When uploading content to the service, if a word or short phrase in the comment, title, or description of the video being uploaded matches any on this list, the content will be forwarded to our moderation team. The Restricted Mode may also be applied to the video content (as described in Section IV).

2. Technologies for Copyright Protection
   Vnesys collaborates with two providers of digital fingerprint recognition solutions: Audible Magic for audio detection and INA (Institut National de l’Audiovisuel) for video detection. If any uploaded video content matches the digital fingerprint databases of these providers, it will be automatically removed.

   Although these technologies are highly efficient and innovative, their effectiveness relies on the cooperation of the concerned rights holders, who must provide their content to create associated digital fingerprints. Vnesys is available to assist rights holders in contacting these companies to prevent future uploads of their protected content.

B. The Reporting Tool for Prohibited Content

Vnesys encourages its users to report any content that may violate the Prohibited Content Policy. These reports help maintain a safe space for everyone on the Vnesys Service. The reporting process is the fastest way for users to flag content they believe violates the policy. Our moderation team reviews all reported content 24/7.

1. Video Content Reporting Tool
   To report video content, users should:

   • Click on the “Report” button available next to each video.
   • Specify whether the report concerns the entire video or only a specific excerpt (a timestamp is provided by default but can be modified).
   • Select the main reason for the report.
   • Provide any additional information in the free text field to assist Vnesys in processing the report.
   • Fill in their first and last names (as they appear on an official ID) along with their email address. This information allows Vnesys to inform the user about the follow-up on their report.

   It is important to note that a Vnesys account is NOT required to report prohibited video content.

   In cases of copyright infringement or violation of other rights, the user will be redirected to a dedicated form, which requires the URL of the reported video. Without this URL, Vnesys cannot process the report. Specific reporting forms for copyright infringement or other rights violations are also available via a dedicated link.

   Any reports submitted through the reporting tool will be handled in accordance with the formalities required under French law. Reports based on other legislation must be sent to Vnesys via email or postal mail as outlined below.

2. Tool for Reporting Content Comments
   To report a comment, users should:

   • Log in to their Vnesys account.
   • Click on the “Report” button next to the concerned content.
   • Select the main reason for the report.
   • Provide any relevant information in the free text field to assist Vnesys in processing the report.

   Any report sent to Vnesys through the reporting tool will be treated in accordance with the formalities required under French law. Reports based on other legislation can be submitted to Vnesys via email or postal mail in accordance with the provisions outlined below.