VideoAe.com
PRIVACY POLICY
TERMS OF USE
Welcome to VideoAe’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. VideoAe offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. AMONG OTHER PROVISIONS, THIS DOCUMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER.
BY ACCESSING OR USING VIDEOAE.COM OR ANY OTHER WEBSITES OF VIDEOAE, ITS AFFILIATES OR AGENTS (“VIDEOAE”) WITH LINKS TO THESE TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY VIDEOAE OR USERS OF THE SITE (“USERS”), AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VIDEOAE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE MEMBER, AND TO BIND THAT ENTITY TO THESE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU VISIT AND/OR USE THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
Your use of, and participation in, certain Services or the licensing of certain Stock Files (as defined below) may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service. For example, if you download and/or use graphics, pictures, video clips, font files, audio clips, and other media content ("Stock Files") from the Website, your downloading and use of those Stock Files will be governed by the separate license agreement located on the Website ("Royalty Free License Agreement"). These Terms of Use and any applicable Supplemental Terms are referred to herein as the "Terms."
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY VIDEOAE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, VideoAe will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the "Last Updated" date at the top of these Terms of Use. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users.
VideoAe may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Use and incorporated herein by reference.
TABLE OF CONTENTS
1. Use of the Services and VideoAe Materials.
2. Responsibility for Content.
3. Ownership.
4. User Conduct.
5. Investigations.
6. Third Party Services.
7. Fees and Purchase Terms.
8. Indemnification.
9. Disclaimer of Warranties.
10. Limitation of Liability.
11. Term and Termination.
12. Remedies.
13. International Users.
14. General Provisions.
1. Use of the Services and VideoAe Materials.
Pursuant to these Terms, VideoAe grants you permission to access and use the Website and in the Services (as these terms are defined below) for your non-commercial purposes. The information and content available on the Website and in the Services (collectively, the "VideoAe Materials") and the Stock Files are protected by copyright laws throughout the world. Unless otherwise specified by VideoAe in a separate license, your right to use any VideoAe Materials that you access or download through the Website or the Services is subject to the Terms. Any use of the Stock Files will be governed by the Supplemental Terms in the Royalty Free License Agreement.
Updates. You understand that the Website and the Services are evolving. As a result, VideoAe may change the functionality of the Website and Services at any time. You acknowledge and agree that VideoAe may update the Website, and/or the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website.
Certain Restrictions. Except to the extent expressly permitted in any Supplemental Terms, the rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any VideoAe Materials, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other VideoAe Materials (including images, text, page layout or form) of VideoAe; (c) you shall not use any metatags or other "hidden text" using VideoAe’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the VideoAe Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website; (f) access the VideoAe Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of the VideoAe Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the VideoAe Materials. Any future
release, update or other addition to the VideoAe Materials shall be subject to these Terms. VideoAe, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website or the Services terminates the licenses granted by VideoAe pursuant to the Terms.
Third Party Materials. As a part of the VideoAe Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for VideoAe to monitor such materials and that you access these materials at your own risk.
2. Responsibility for Content.
Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website or the Services, whether publicly posted or privately transmitted, including the VideoAe Materials ("Content"), are the sole responsibility of the party from whom such Content originated. This means that you, and not VideoAe, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Services or the Website ("Your Content"), and other Users of the Services, and not VideoAe, are similarly responsible for all Content they Make Available through the Services or the Website ("User Content"). Your Content includes Stock Files you provide to VideoAe.
No Obligation to Pre-Screen Content. You acknowledge that VideoAe has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although VideoAe reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that VideoAe pre-screens, refuses or removes any Content, you acknowledge that VideoAe will do so for VideoAe's benefit, not yours. Without limiting the foregoing, VideoAe shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by VideoAe in writing elsewhere, VideoAe has no obligation to store any of Your Content that you Make Available on the Website or via the Services. VideoAe has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that VideoAe retains the right to create reasonable limits on VideoAe's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by VideoAe in its sole discretion.
3. Ownership.
VideoAe Materials. Except with respect to Your Content and User Content, you agree that VideoAe and its suppliers own all rights, title and interest in the Website, the Services, the Stock Files and the VideoAe Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the VideoAe Materials.
Trademarks. VideoAe and other related graphics, logos, service marks and trade names used on the Website, in the VideoAe Materials or in connection with the Services are the trademarks of VideoAe and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in the VideoAe Materials or in connection with the Services are the property of their respective owners.
Other Content. Except with respect to Your Content or the license rights granted in the Terms, you agree that you have no right or title in or to any Content that appears on or in the Website, or the Services.
Content. VideoAe does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website or the Services, you represent that you either own all intellectual property and other rights in Your Content or otherwise have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. By submitting Your Content, which shall include your name, to any "public area" of the Website or the Services, you grant VideoAe a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the VideoAe, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any area on the Website or the Services, you hereby expressly permit VideoAe to identify you by your name (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to VideoAe through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that VideoAe has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to VideoAe a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially
exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the Services.
4. User Conduct.
Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by these Terms and, by incorporation, the Royalty Free License Agreement) engage in any commercial activities through the Website or the Services, including:
* Reproducing, duplicating, coping, selling, or exploiting for any commercial purpose any portion of the Website, Services, VideoAe Materials, or access to or use of the Website, Services or VideoAe Materials;
* Uploading, e-mailing, transmitting or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
* Marketing any goods or services for any business purposes.
Unauthorized Use or Access. You agree that you will not, under any circumstances:
* Interfere or attempt to interfere with the proper functioning of the Website or Services or connect to or use the Website, Services or VideoAe Materials in any way not expressly permitted by the Terms;
* Systematically retrieve data or other content from our Website, Services or VideoAe Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
* Use, display, mirror or frame the Website, Services or VideoAe Materials, or any individual element within the Website, Services, or VideoAe Materials, without VideoAe's express written consent;
* Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;
* Make any automated use of the Website, Services, or VideoAe Materials, or take any action that imposes or may impose (in VideoAe's sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, Services or VideoAe Materials;
* Bypass any robot exclusion headers or other measures VideoAe takes to restrict access to the Website, Services or VideoAe Materials or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, Services or VideoAe Materials or harvest or manipulate data;
* Use, facilitate, create, or maintain any unauthorized connection to the Website, Services or VideoAe Materials, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, Services or VideoAe Materials; or (b) any connection using programs, tools or software not expressly approved by VideoAe;
* Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services or VideoAe Materials, or to obtain any information from the Website, Services or VideoAe Materials; or
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website or Services.
General. In connection with your use of the Website, Services, and VideoAe Materials, you shall not, except as expressly permitted in the Terms:
* Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, VideoAe personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
* Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; or
* Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
5. Investigations.
VideoAe may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, VideoAe shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although VideoAe does not generally monitor user activity occurring in connection with the Website, Services, VideoAe Materials, or Content, if VideoAe becomes aware of any possible violations by you of any provision of the Terms, VideoAe reserves the right to investigate such violations, and VideoAe may, at its sole discretion, immediately terminate and block your access to use the Website, Services, or VideoAe Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Third Party Services.
The Website, Services, and VideoAe Materials may contain links to third-party websites ("Third Party Websites") and advertisements for third parties (collectively, "Third Party Websites & Ads"). When you click on a link to a Third Party Website or Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under the control of VideoAe. VideoAe is not responsible for any Third Party Websites & Ads. VideoAe provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Fees and Purchase Terms.
Payment. You agree to pay all fees or charges to you in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide VideoAe with valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment account that we accept ("Payment Provider"), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or other payment account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing VideoAe with your credit card number or other payment account and associated payment information, you agree that VideoAe is authorized to immediately invoice you for all fees and charges due and payable to VideoAe hereunder and that no additional notice or consent is required. These credentials will be stored securely and used for future payments or other purchases on our site. You agree to immediately notify VideoAe of any change in your billing address or the credit card or other payment account used for payment hereunder. VideoAe reserves the right at any time to change its prices and billing methods, by immediately upon posting on the Website.
Taxes. VideoAe's fees are net of any applicable Sales Tax. If any Services, or payments for any goods or services, under this Agreement are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify VideoAe for any liability or expense VideoAe may incur in connection with such Sales Taxes. For purposes of this Agreement, "Sales Tax" shall mean any sales tax, use tax, value-added tax, duty, and any other tax measured by sales proceeds, that VideoAe is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax. VideoAe may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. The country you indicate for your order shall be considered your country of residence for tax purposes. If you reside in a jurisdiction where the responsibility to collect and assess taxes lies with the recipient of the service, you will appropriately self-assess for such taxes and meet all associated compliance responsibilities.
Disputes. You must notify us in writing within five (5) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address: videoaeinfo@gmail.com.
8. Indemnification.
You agree to indemnify and hold VideoAe Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. VideoAe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VideoAe in
asserting any available defenses. This provision does not require you to indemnify any of the VideoAe Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account or the Services.
9. Disclaimer of Warranties.
AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. VIDEOAE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This Section does not affect in any way our refund policy or limited warranty for goods purchased on the Website. We may, in our sole and absolute discretion, issue refunds in certain limited circumstances. Any such refunds will be made in accordance with the terms of our refund policy or limited warranty, as applicable ( https://www.videoae.com/shipping-returns ).
THE VIDEOAE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.
ANY CONTENT OR VIDEOAE MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. VIDEOAE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIDEOAE OR THROUGH THE WEBSITE OR THE VIDEOAE MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. From time to time, VideoAe may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at VideoAe’s sole discretion. The provisions of this section apply with full force to such features or tools. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE VIDEOAE PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE AND FOR OPERATORS OF EXTERNAL SITES YOU MAY VISIT, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. VIDEOAE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VIDEOAE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICES.
10. Limitation of Liability.
DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE VIDEOAE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VIDEOAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM ANY MATTER RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE VIDEOAE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY VIDEOAE AS A RESULT OF YOUR USE OF THE WEBSITE AND THE SERVICES DURING WHICH YOU FIRST ASSERT CLAIM. IF YOU HAVE NOT PAID VIDEOAE ANY AMOUNTS FOR SERVICES THAT VIDEOAE HAS DELIVERED DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, VIDEOAE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TEN DOLLARS ($10). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VIDEOAE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY VIDEOAE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VIDEOAE’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
CONTENT. EXCEPT FOR VIDEOAE’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN VIDEOAE’S PRIVACY POLICY, THE VIDEOAE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Information Verification. VideoAe Parties may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that VideoAe and its suppliers will have no liability to you arising from any incorrectly verified information.
BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIDEOAE AND YOU.
EXCLUSION OF DAMAGES AND WARRANTIES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, VIDEOAE’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT VIDEOAE’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS,
THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
11. Term and Termination.
Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website or any Services, unless terminated earlier in accordance with these Terms.
Termination of Services by You. If you want to terminate any Services provided by VideoAe, you may do so by notifying VideoAe at any time. Your notice should be sent, in writing, to VideoAe‘s email address: videoaeinfo@gmail.com.
Termination of Services by VideoAE. VideoAe has the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in VideoAe’s sole discretion.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your files and Content and all related information. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. VideoAe will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. Remedies.
Violations. If VideoAe becomes aware of any possible violations by you of the Terms, VideoAe reserves the right to investigate such violations. If, as a result of the investigation, VideoAe believes that criminal activity has occurred, VideoAe reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. VideoAe is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Website or in the Services, including Your Content, in VideoAe 's possession in connection with your use of the Website or the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of VideoAe, its Users or the public, and all enforcement or other government officials, as VideoAe in its sole discretion believes to be necessary or appropriate.
Breach. In the event that VideoAe determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website or the Services, VideoAe reserves the right to:
* Warn you via e-mail (to any e-mail address you have provided to VideoAe) that you have violated these Terms;
* Delete any of Your Content provided by you or your agent(s) to the Website or the Services; Deny your access(s) to the Website and/or any Services;
* Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
* Pursue any other action which VideoAe deems to be appropriate.
Subsequent Access. If your ability to access the Website or the Services, or any other VideoAe community is discontinued by VideoAe due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to access the Website or the Services through use of a different name, methods, or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Services to which your access has been restricted and/or denied and/or block.
13. International Users.
This Website can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that VideoAe intends to announce such services or Content in your country. The Website and Services are controlled and offered by VideoAe from its facilities in Singapore. VideoAe makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. General Provisions.
Electronic Communications. The communications between you and VideoAe use electronic means, whether you visit the Website or send VideoAe e-mails, or whether VideoAe posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from VideoAe in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VideoAe provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without VideoAe's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. VideoAe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Dispute Resolution. If you believe that VideoAe has not adhered to these Terms, please contact VideoAe by emailing us at videoaeinfo@gmail.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period. YOU AND VIDEOAE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Notice. Where VideoAe requires that you provide an e-mail address, you are responsible for providing VideoAe with your most current e-mail address. In the event that the last e-mail address you provided to VideoAe is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, VideoAe's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to VideoAe at the following address: https://www.facebook.com/messages/t/videoae
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.