Intellectual Property & License

The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in China and in other countries.  You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.  You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content.  As between you and Gizmochina, Gizmochina will retain all right, title, and interest in and to the Services and the Content.  No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted.  Except as specifically provided below, we reserve all rights to the Services and Content.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not.  Except as provided by distribution or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content.  In addition, except as provided by distribution or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise.  This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Gizmochina video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player.  This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without:  (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

a. Viral Distribution

We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis.  We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups).  We may revoke this authorization at any time.  If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.  When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i).  You may not embed the Video Player into any hardware or software application, even for non-commercial purposes.  As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.

Some Services may include “Mash-Up Tools” that allow you to manipulate Content or combine User Submissions (as defined in Section 6) with Content to create “Mash-Ups.”  The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:

  • You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
  • You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
  • As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.<
  • With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
  • You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups and you must comply with any other usage or attribution guidelines we provide.
  • If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above in Section 4(a) of these Terms.

b. Commercial Licenses

You must obtain our written permission for commercial use of the Content or the Services.  If you wish to license Content from the Services, please contact us.

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