Terms of Service

Digital Video Archive is designed to preserve, organize, author, view, stream, share, grant, showcase, and distribute digital video, audio, photographs, metadata, and related materials.

DVA may provide different account types, subscription levels, capabilities, storage allocations, authoring features, and other services. These may include Viewer, Archiver, Creator, Producer, and other account levels that DVA may introduce from time to time.

Features available to you depend upon your account type, subscription, permissions, and other applicable requirements. DVA may add, remove, modify, improve, replace, or discontinue features as the Service evolves.

You must be at least 18 years old to establish a DVA account and enter into a paid subscription.

Individuals between 13 and 17 years old may use DVA with the consent and supervision of a parent or legal guardian. DVA is not intended for children under 13.

If you use DVA on behalf of a company, organization, studio, or other entity, you represent that you have authority to accept these Terms on its behalf. You agree to provide accurate account information and keep that information reasonably current.

You are responsible for maintaining the confidentiality and security of your login credentials and for activity occurring through your account unless caused by circumstances outside your reasonable control.

You may not knowingly permit unauthorized persons to use your credentials. If you believe your account or login credentials have been compromised, contact DVA promptly at support@digitalvideoarchive.com.

DVA may require identity or account verification before making material changes to an account, processing a deletion request, changing ownership or control information, or providing access to sensitive account information.

Your content belongs to you.

Uploading, authoring, storing, sharing, granting, showcasing, or otherwise using content through DVA does not transfer ownership of that content to DVA.

You retain all ownership, copyright, and other intellectual-property rights that you legally possess in your videos, audio recordings, photographs, images, metadata, artwork, and other materials (“User Content”). DVA does not become a co-owner of your User Content merely because you place it on the DVA Service.

You are responsible for ensuring that you have sufficient ownership, permission, authorization, license, or other lawful authority to upload, store, process, share, grant, showcase, distribute, or otherwise use User Content through DVA.

To provide the DVA Service, DVA requires limited permission to process your User Content.

By placing User Content on DVA, you grant DVA and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce for technical purposes, back up, encode, transcode, process, organize, transmit, stream, display, generate thumbnails or previews from, and otherwise technically use your User Content only as reasonably necessary to provide the DVA Service; perform actions you request; maintain, protect, secure, and improve the DVA Service; make your content available to persons you authorize; maintain reasonable backup and disaster-recovery systems; and comply with applicable law or valid legal process.

This operational license does not give DVA ownership of your User Content. Except where additional permission is expressly granted by you through features such as Showcase™ or Cinema Store™, DVA will not commercially exploit your private User Content merely because it is stored on DVA.

DVA is designed to give users control over who can access their content.

Private — Content is not made available to other users except as specifically authorized by the account holder or as technically necessary to operate DVA.

Viewers Only — Content is made available to one or more persons authorized by the account holder.

Public — Content has been affirmatively designated for public availability and may be eligible for public discovery, including through Showcase™ and other areas of the DVA ecosystem.

Uploading content to DVA does not, by itself, make that content public.

Sharing allows a DVA owner or authorized user to permit another person to view designated content. Sharing does not transfer ownership or control of the underlying DVA.

A person receiving shared access receives only the permissions provided through the applicable sharing feature. Unless otherwise expressly provided by DVA, a Viewer does not acquire an independent copy of the shared DVA merely because it has been shared.

The person controlling the original DVA may modify or terminate shared access, subject to DVA features and applicable law.

Granting is different from Sharing.

When you Grant a DVA to another person, you authorize DVA to create or transfer an independent DVA copy for that recipient.

A granted DVA may include the underlying video, audio, photographs, or other media; title and description; chapters and chapter titles; thumbnails and artwork; dates and other descriptive information; and other metadata associated with the DVA.

Once a Grant has been completed, the recipient’s granted DVA is independent from the grantor’s copy. If the grantor later modifies or deletes the grantor’s copy, the recipient’s granted copy remains available, subject to the recipient’s account status, these Terms, applicable law, and DVA’s rights to administer the Service.

A completed Grant cannot ordinarily be revoked by the grantor.

The recipient may exercise the DVA capabilities associated with the recipient’s account and the granted DVA, which may include organizing, editing, sharing, or granting additional independent copies. Changes made to a recipient’s independent granted copy do not ordinarily alter the grantor’s copy or other independently granted copies.

A Grant does not, by itself, transfer copyright or other underlying intellectual-property rights. Granting transfers possession and control of an independent DVA copy within the DVA ecosystem. Any transfer of copyright or other intellectual-property ownership must occur separately under applicable law.

DVA nevertheless retains the right to restrict, disable, or remove granted content when reasonably necessary to comply with law, valid legal process, intellectual-property requirements, these Terms, or security and safety requirements.

Showcase™ is DVA’s curated discovery environment.

Users may choose to make selected content eligible for Showcase according to the privacy and visibility options offered by DVA. Content designated Public may be displayed, organized, selected, featured, promoted, or otherwise presented by DVA on DigitalVideoArchive.com and elsewhere throughout the DVA ecosystem.

By affirmatively making content Public or submitting it for public Showcase display, you grant DVA a non-exclusive, royalty-free license to display, reproduce for display and technical purposes, stream, promote, and feature that selected content as reasonably necessary to operate and promote Showcase and the DVA Service.

You retain your ownership rights. DVA does not acquire ownership of content merely because it appears in Showcase.

DVA may determine which eligible content is actually featured or promoted in Showcase and may rearrange, stop featuring, or remove Showcase content at its discretion.

If you change eligible content from Public to a more restrictive setting, DVA’s authorization to continue publicly displaying that content through Showcase will ordinarily end, subject to reasonable technical processing, caching, backups, legal obligations, and any separate rights you have granted to DVA.

DVA may provide commenting, reactions, activity information, discovery features, or other community functionality within Showcase. Additional rules or controls may apply to those features.

Cinema Store™ is DVA’s curated marketplace for professionally authored video and audio DVAs.

Only accounts approved by DVA for publishing may offer titles through Cinema Store. Approved Producers, Studio-level publishers, and other authorized publishing accounts may be permitted to offer titles for purchase, rental, or other forms of authorized access.

A purchaser of a Cinema Store title receives the viewing, access, or other usage rights specified for that transaction. Unless expressly stated otherwise, purchasing a title does not transfer copyright or other intellectual-property ownership in the underlying work.

DVA may offer permanent account access, time-limited rentals, or other access models.

Cinema Store publishers may be required to accept a separate Cinema Store Publisher Agreement, including provisions concerning ownership and distribution rights, pricing, payments, revenue sharing, taxes, refunds, intellectual property, prohibited content, and other commercial terms.

Nothing in these general Terms authorizes a user to commercially distribute content through Cinema Store without DVA’s approval.

You may not use DVA to upload, store, process, share, grant, showcase, publish, sell, or distribute content that violates applicable law; infringes copyright, trademark, privacy, publicity, or other rights; contains malicious software; promotes or facilitates unlawful activity; is defamatory or unlawfully threatening; exploits children; constitutes unlawful pornography or sexually exploitative material; promotes hatred or unlawful violence; is fraudulent or intentionally deceptive in a manner likely to cause harm; constitutes unlawful harassment or stalking; or otherwise materially violates these Terms.

You may not use DVA to interfere with the operation of the Service, gain unauthorized access to accounts or systems, scrape or harvest information without authorization, impose unreasonable loads on DVA infrastructure, or circumvent security or access controls.

DVA may investigate suspected violations and may restrict or remove content or accounts when reasonably necessary.

DVA respects intellectual-property rights. If you believe content available through DVA infringes your copyright or other intellectual-property rights, you may contact infringement@digitalvideoarchive.com.

Copyright notices should contain the information required by applicable law, including the Digital Millennium Copyright Act where applicable. DVA may remove or restrict access to allegedly infringing material and may terminate accounts of repeat infringers when appropriate.

The DVA Service itself—including its software, interfaces, technology, processes, designs, trademarks, service marks, branding, databases, and other proprietary materials—is owned by or licensed to the operator of DVA and is protected by applicable intellectual-property laws.

Your use of DVA does not transfer ownership of DVA technology or intellectual property to you.

You may not, except as expressly authorized, copy or commercially exploit DVA software; reverse engineer, decompile, or disassemble DVA technology; circumvent technological protection or security measures; resell or sublicense access to DVA; create unauthorized derivative works from DVA software; or use DVA trademarks or branding in a manner suggesting authorization or affiliation without permission.

Professional Creator, Producer, Publisher, or Studio accounts may receive additional rights under separate agreements.

Certain DVA features and account levels require a paid subscription. Unless expressly stated otherwise, paid DVA subscriptions are billed monthly.

By starting a paid subscription and providing a payment method, you authorize DVA and its payment processor to automatically charge the applicable subscription fee and any applicable taxes to your payment method each month until the subscription is canceled.

Your subscription automatically renews monthly unless canceled. You are responsible for maintaining a valid payment method.

DVA may use third-party payment processors to process payments. DVA does not necessarily receive or store complete payment-card information.

Prices, features, storage allocations, and subscription levels may change from time to time. DVA will provide notice of material price changes as required by applicable law before the changed price is charged.

You may cancel a paid subscription through available account controls or by contacting DVA at support@digitalvideoarchive.com.

Cancellation stops future subscription renewals after the applicable paid billing period, subject to processing time and applicable law.

Canceling a paid subscription does not necessarily constitute a request to permanently delete your DVA content.

If you want DVA to permanently delete content or an account, you must make an authenticated request or provide written or electronic confirmation acceptable to DVA.

Except where required by applicable law, DVA subscription payments and other fees are non-refundable.

DVA may, in its sole discretion, provide a refund, adjustment, or account credit in exceptional circumstances. Doing so in one instance does not create an obligation to do so in another.

DVA recognizes that payment methods expire, credit cards are replaced, billing information changes, and customers sometimes unintentionally miss payments.

A failed payment does not ordinarily result in immediate deletion of your archived content. DVA may attempt to notify you and collect amounts due using the contact and payment information associated with your account.

After an account has remained unpaid or delinquent, DVA may restrict or suspend paid features or account access.

DVA does not ordinarily permanently delete archived User Content solely because a subscription payment fails or an account becomes delinquent.

However, DVA cannot guarantee indefinite free storage of content associated with unpaid, abandoned, suspended, or terminated accounts. DVA reserves the right to permanently delete content following prolonged nonpayment, abandonment, termination, legal requirements, technical necessity, discontinuation of the Service, or other reasonable circumstances.

If DVA elects to permanently delete archived content because of prolonged nonpayment or apparent account abandonment, DVA will ordinarily provide at least 30 days’ advance notice to the registered email address before permanent deletion.

You are responsible for maintaining a valid email address and current contact information.

DVA takes permanent deletion seriously because archived content may be irreplaceable.

DVA may require written, electronic, or authenticated confirmation before permanently deleting an account or archived content. Once permanent deletion has been processed, recovery may not be possible.

Deleted information may remain temporarily in backups, disaster-recovery systems, logs, or other technical systems until those copies are overwritten or removed through normal retention processes.

DVA may retain information when reasonably necessary to comply with law, resolve disputes, prevent fraud or abuse, enforce agreements, or protect DVA and its users.

By establishing a DVA account, you agree that DVA may send service-related electronic communications to the email address or other contact information associated with your account.

These may include account notices, security notices, billing information, payment-failure notices, Grant or Sharing notifications, service announcements, changes to these Terms, and other communications related to your use of DVA.

Marketing communications will be handled in accordance with applicable law and the DVA Privacy Policy. You are responsible for maintaining current contact information.

DVA is an evolving technology platform. The Service may be updated, modified, interrupted, suspended, or changed from time to time. DVA may contain software errors, bugs, compatibility issues, or temporary service interruptions.

Although DVA uses reasonable measures designed to preserve and protect archived content, no electronic storage or transmission system can be guaranteed to be completely error-free, uninterrupted, or immune from loss.

Users with irreplaceable original media are encouraged to maintain appropriate independent copies or backups where practical.

DVA may rely upon third-party cloud providers, payment processors, telecommunications services, application stores, streaming platforms, hardware manufacturers, analytics providers, and other service providers.

Use of third-party products or services may also be subject to their own terms and privacy policies. DVA is not responsible for failures caused solely by third-party systems outside DVA’s reasonable control.

These Terms apply to DVA whether accessed through a web browser, computer, mobile device, smart television, Roku, Amazon Fire TV, Apple TV, or another supported platform.

Where an application is obtained through a third-party application store or platform, the applicable platform may have additional terms. Unless expressly stated otherwise, the agreement concerning the DVA Service is between you and DVA, not the third-party application provider.

You may stop using DVA or cancel your subscription as provided in these Terms.

DVA may suspend, restrict, or terminate an account when reasonably necessary because of material violation of these Terms; unlawful activity; fraud or abuse; security threats; infringement of intellectual-property rights; prolonged nonpayment; legal requirements; or conduct that materially threatens DVA, its users, or its systems.

Termination of an account does not automatically extinguish payment obligations incurred before termination.

Provisions that by their nature should survive termination—including ownership, intellectual property, completed Grants, limitations of liability, indemnification, dispute provisions, and outstanding payment obligations—will survive as appropriate.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DVA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

DVA DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

DVA DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, COMPLETELY SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DVA, HOME VIDEO STUDIO CONSULTING, INC., AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA, ARISING FROM OR RELATING TO THE DVA SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF DVA AND HOME VIDEO STUDIO CONSULTING, INC. ARISING FROM OR RELATING TO THE DVA SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO DVA DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply where prohibited by law.

To the extent permitted by law, you agree to indemnify and hold harmless DVA, Home Video Studio Consulting, Inc., and their respective officers, directors, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, losses, damages, and reasonable legal expenses arising from your material violation of these Terms; your unlawful use of DVA; User Content you upload, publish, sell, share, or grant without sufficient legal authority; your infringement or violation of another person’s rights; or misuse of your account for which you are legally responsible.

DVA may assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate.

Except where prohibited by applicable law, disputes arising from or relating to these Terms or the DVA Service will be resolved through binding individual arbitration rather than through a jury trial or class action.

Arbitration will be administered under the applicable consumer or commercial rules of the American Arbitration Association, as appropriate.

You and DVA agree that claims will be brought only in an individual capacity and not as a plaintiff or class member in a purported class, collective, consolidated, or representative proceeding, except where applicable law does not permit such a waiver.

Nothing in this section prevents either party from seeking appropriate relief in small claims court where eligible or seeking emergency or injunctive relief where permitted by law.

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except to the extent federal law applies.

For disputes that are not subject to arbitration, you and DVA consent to jurisdiction and venue in the appropriate state or federal courts serving Marion County, Indiana, except where applicable law requires otherwise.

DVA may update these Terms as the Service evolves. For material changes, DVA will provide notice through the Service, by email, or by another reasonable method.

The effective date appearing at the beginning of these Terms identifies the current version. Continued use of DVA after an updated version becomes effective constitutes acceptance to the extent permitted by applicable law. Where affirmative consent is legally required, DVA will request that consent.

You may not assign your rights or obligations under these Terms without DVA’s written consent, except where applicable law provides otherwise.

DVA may assign or transfer these Terms, customer accounts, and associated rights and obligations in connection with a corporate reorganization, merger, acquisition, sale of assets, financing transaction, transfer of the DVA Service to another operating entity, or similar business transaction.

Such an assignment does not transfer ownership of your User Content to the acquiring or successor entity except for the limited rights necessary to continue providing the DVA Service under these Terms.

This provision is intended to permit continuity of the DVA Service if its operating entity changes.

If you voluntarily provide ideas, suggestions, or feedback concerning DVA, you grant DVA permission to use that feedback without compensation or obligation to you.

This provision applies to ideas and suggestions about the DVA Service. It does not give DVA ownership of your archived User Content.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

These Terms, together with the DVA Privacy Policy and any additional terms expressly applicable to particular DVA products or professional services, constitute the agreement governing your use of the DVA Service.

Additional agreements may apply to Creator, Producer, Studio, Publisher, Cinema Store, or other specialized accounts or services.

Digital Video Archive™ is currently operated by:

Home Video Studio Consulting, Inc.

Indianapolis, Indiana

Phone: 800-469-1976

Email: support@digitalvideoarchive.com

Questions regarding privacy should be directed to: privacy@digitalvideoarchive.com

Copyright and intellectual-property notices may be directed to: infringement@digitalvideoarchive.com