PLEASE READ THESE TERMS (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY VidNow. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. Access to the services.
The website and domain name and any other linked pages, features,
content, or application services (including without limitation any
mobile application services) offered from time to time by Company in
connection therewith (collectively, the “Website”) are owned and
operated by Company. Subject to the terms and conditions of this
Agreement, Company may offer to provide certain software or services, as
described more fully on the Website, and that have been selected by you
(together with the Website, the “Services”), solely for your own use,
and not for the use or benefit of any third party. The term “Services”
includes, without limitation, use of the Website, any service Company
performs for you, and the Content (as defined below) offered in
connection therewith. Company may change, suspend or discontinue the
Services at any time, including the availability of any feature,
database, or Content. Company may also impose limits on certain features
and services or restrict your access to parts or all of the Services
without notice or liability. Company reserves the right, in its sole
discretion, to modify this Agreement at any time by posting a notice on
the Website, or by sending you a notice via email or postal mail. Your
use of the Services following such notification constitutes your
acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from
anyone under the age of 13 or knowingly allow such persons to register
for the Services. If you are under 13, please do not attempt to register
for the Services or send any information about yourself to us, including
your name, address, telephone number, or email address. No one under age
13 may provide any personal information to Company or on the Services.
In the event that we learn that we have collected personal information
from a child under age 13 without verification of parental consent, we
will delete that information as quickly as possible.
You represent and warrant to Company that: (i) you are an individual
(i.e., not a corporation) and you are of legal age to form a binding
contract or have your parent’s permission to do so , and you are at
least 13 years or age or older; (ii) all registration information you
submit is accurate and truthful; and (iii) you will maintain the
accuracy of such information. You also certify that you are legally
permitted to use and access the Services and take full responsibility
for the selection and use of and access to the Services. This Agreement
is void where prohibited by law, and the right to access the Services is
revoked in such jurisdictions.
2. Content.
The Services, and its contents are intended solely for the personal,
non- commercial use of Services users and may only be used in accordance
with the terms of this Agreement. All materials offered, displayed or
performed on the Services (including, but not limited to software, text,
graphics, articles, photographs, images, illustrations (also known as
the “Content”)) are protected by copyright. You shall abide by all
copyright notices, trademark rules, information, and restrictions
contained in any Content accessed through the Services, and shall not
use, copy, reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise exploit
for any purposes whatsoever any Content or third party submissions or
other proprietary rights not owned by you: (i) without the express prior
written consent of the respective owners, and (ii) in any way that
violates any third party right.
The Services are protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions,
and other intellectual property laws. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce (except as
expressly provided in this Section 2), create derivative works based on,
distribute, perform, display, or in any way exploit, any of the Content,
software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the
Services for download) for personal non-commercial use only, provided
that you maintain all copyright and other notices contained in such
Content. Copying or storing of any Content other than personal,
noncommercial use is expressly prohibited without prior written
permission from Company or from the copyright holder identified in such
Content’s copyright notice. If you link to the Website, Company may
revoke your right to so link at any time, at Company’s sole discretion.
Company reserves the right to require prior written consent before
linking to the Website.
You understand that all publicly posted or privately transmitted through
the Services is the sole responsibility of the person from which such
content originated and that Company will not be liable for any errors or
omissions in any content. You understand that Company cannot guarantee
the identity of any other users with whom you may interact in the course
of using the Services. Additionally, Company cannot guarantee the
authenticity of any data which users or merchants may provide about
themselves. You acknowledge that all Content accessed by you using the
Services is at your own risk and you will be solely responsible for any
damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any
Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred in connection with
use of or exposure to any Content posted, emailed, accessed,
transmitted, or otherwise made available via the Services.
3. Restrictions.
RESTRICTIONS. You warrant, represent and agree that you will not use the
Services in a manner that (i) infringes or violates the intellectual
property rights or proprietary rights, rights of publicity or privacy,
or other rights of any third party; (ii) violates any law, statute,
ordinance or regulation; (iii) is harmful, fraudulent, deceptive,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable; (iv) involves commercial
activities and/or sales without Company’s prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes; (v)
impersonates any person or entity, including without limitation any
employee or representative of Company; or (vi) contains a virus, trojan
horse, worm, time bomb, or other harmful computer code, file, or
program. Company reserves the right to remove any Content from the
Services at any time, for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or authorities
relating to such Content or if Company is concerned that you may have
breached the immediately preceding sentence), or for no reason at
all.
You are responsible for all of your activity in connection with the
Services. Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your right to access or use the Services. You
may not post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from any other user of the Services. Use
of the Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal
material (including material that may be considered threatening or
obscene), or engage in any kind of illegal activity is expressly
prohibited. You will not run Maillist, Listserv, any form of
auto-responder, or “spam” on the Services, or any processes that
interfere with the proper working of or place an unreasonable load on
the Services’ infrastructure. Further, the use of manual or automated
software, devices, or other processes to “crawl,” “scrape,” or “spider”
any part of the Service or the Content is strictly prohibited. You will
not decompile, reverse engineer, or otherwise attempt to obtain the
source code of the Services. You will be responsible for withholding,
filing, and reporting all taxes, duties and other governmental
assessments associated with your activity in connection with the
Services.
4. Warranty disclaimer.
Company has no special relationship with or fiduciary duty to you. You
acknowledge that Company has no control over, and no duty to take any
action regarding: which users gain access to the Services; what Content
you access via the Services; what effects the Content may have on you;
how you may interpret or use the Content; or what actions you may take
as a result of having been exposed to the Content. You release Company
from all liability for you having acquired or not acquired Content
through the Services. The Services may contain, or direct you to
websites containing, information that some people may find offensive or
inappropriate. Company makes no representations concerning any content
contained in or accessed through the Services, and Company will not be
responsible or liable for the accuracy, copyright compliance, legality
or decency of material contained in or accessed through the Services.
Company makes no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the
Services. recommendations of services or products offered or purchased
through the Services. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE
ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Support and upgrades.
This Agreement does not e(class='header-text-dark') you to any support,
upgrades, patches, enhancements, or fixes for any portion of the
Services or Content (collectively, "Support"). Any such Support that may
be made available by Company at its sole discretion shall become part of
the Services and subject to this Agreement.
6. Privacy policy
For information regarding Company’s treatment of personally identifiable
information, please review Company’s current Privacy Policy at Privacy
Page, which is hereby incorporated by reference; your acceptance of this
Agreement constitutes your acceptance and agreement to be bound by
Company’s Privacy Policy.
7. Indemnity.
You will indemnify and hold Company, its parents, subsidiaries,
affiliates, officers, and employees harmless (including, without
limitation, from all damages, liabilities, settlements, costs and
attorneys’ fees) from any claim or demand made by any third party due to
or arising out of your access to the Services, use of the Services, your
violation of this Agreement, or the infringement by you or any third
party using your account of any intellectual property or other right of
any person or entity.
8. Limitation of liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL
COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE
SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
(I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $100; (II) FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE
CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
9. Interaction with third parties.
The Services may contain links to third party websites, services, and/or
content (“Third Party Services”) that are not owned or controlled by
Company. When you access Third Party Services, you do so at your own
risk. You hereby represent and warrant that you have read and agree to
be bound by all applicable policies of any Third Party Services relating
to your use of the Services and that you will act in accordance with
those policies, in addition to your obligations under this Agreement.
Company has no control over, and assumes no responsibility for, the
content, accuracy, privacy policies, or practices of or opinions
expressed in any Third Party Services. In addition, Company will not and
cannot monitor, verify, censor or edit the content of any Third Party
Services.
By using the Services, you expressly relieve and hold harmless Company
from any and all liability arising from your use of any Third Party
Services. Your interactions with organizations and/or individuals found
on or through the Services, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties. You agree that
Company shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party,
you understand and agree that Company is under no obligation to become
involved. In the event that you have a dispute with one or more other
users or third parties, you hereby release Company, its officers,
employees, agents, and successors in rights from claims, demands, and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected or unsuspected, disclosed or undisclosed, arising out
of or in any way related to such disputes.
10. Termination.
This Agreement shall remain in full force and effect while you use the
Services. You may terminate your use of the Services at any time.
Company may terminate or suspend your access to the Services or your
membership at any time, for any reason, and without warning, which may
result in the forfeiture and destruction of all information associated
with your membership. Company may also terminate or suspend any and all
Services and access to the Website immediately, without prior notice or
liability, if you breach any of the terms or conditions of this
Agreement. Upon termination of your account, your right to use the
Services, access the Website, and any Content will immediately cease.
All provisions of this Agreement which, by their nature, should survive
termination, shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, and limitations of
liability.