Terms and Conditions

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Videommerce is provided by VideoMill Ltd. (“VideoMill”, “Videommerce” or, “us”, “our”, “we”) for you to create quality videos using our tools accessible at the Videommerce.com website (the “Site”).

These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” means any registered Member, any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.

If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.

Under the Service we provide you with:

an access to a web-based platform in SaaS (Software-as-a-Service) model with tools for creating personalized videos,

an ability to create personalized link to the video which can be send your Customers (“Campaign”),

Landing Pages Add-on which is a tool for creating, managing and hosting your landing page,

additional features (add ons), if ordered and paid separately by you,

access to video styles, voice over artists narrations, graphics, music which you may use for the purpose of creating personalized videos via Videommerce Site.

The detailed scope of Service features available to you under your Subscription Plan is provided in the pricing. You may use the Service to create personalized videos and send by your favorite emailing system only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission.

Please read these Terms carefully. These Terms govern your access to and use of the Site. By clicking on the button marked “I agree” you signify your assent to both these Terms and our Privacy Policy, which is available at videommerce.com/privacy-policy. Changes may be made to these Terms from time to time. Your continued use of the Site or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site or Services.

These Terms govern your use of the Videommerce Site and Services. Your account for the Services may, in our discretion, also grant you access to the Videommerce.com site and services (“Videommerce.com”). All use of Videommerce is subject to the Videommerce.com Terms and Conditions (a current version of which is available at videommerce.com/page/terms) and the Videommerce.com Privacy Policy (a current version of which is available at videommerce.com/page/privacypolicy). By using Videommerce.com you agree to all terms and conditions of the Videommerce.com Terms and Conditions and the Videommerce.com Privacy Policy.

LIMITED LICENSE

Videommerce grants you a limited license to access and use the Site and Services subject to these Terms for your personal and/or business use. You acknowledge that Videommerce may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.

Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent’s or guardian’s permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Videommerce.

ACCOUNT REGISTRATION

To create beautiful personalized videos on the Site you can open a Videommerce account. Your account allows you to use the Services, subject to these Terms and our Privacy Policy. Videommerce reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Site, all at its sole discretion. To create an account, you must select a username and password. Your username is your Videommerce identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices. You may not provide false information during the registration process.

You should not reveal or show your password to other users. We will not ask you to reveal or show your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without express permission.

You agree to immediately notify Videommerce of any unauthorized use of your Videommerce account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Videommerce or VideoMill will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Videommerce and VideoMill harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to welcome@videommerce.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

Your Videommerce Account on the Site may not be sold or otherwise transferred to another person or entity and is limited to a single user per Account.

If your use of the Site is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to the present Terms of Service.

MEMBERSHIP PAYMENT AND TERMS

Once you register to our Services through creation of a Videommerce account on the Site, you will be able to access our videomagic tools in order to create your video Content. However you will not have access to the full functionality of the Site and the Services if Videommerce does not allow you to open an Account if you provided false information during the registration process for instance.

Upon creating a Videommerce account you will be required to choose a subscription plan for voice over language as a Premium Plan. Custom Plan is pricing on request and have more functionalities. Information concerning our available plans can be found on the pricing page. When you sign up for a Videommerce package (through creation of a Videommerce account on the Site), you receive our Services based on the following pricing policies:

Paid subscription. Payments are serviced by PayLane sp. z o.o. which is located in Gdansk at ul. Arkonska 6/A3, zip code: 80-387, company number: 0000227278.

We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days.

All fees are exclusive of taxes. Where appropriate, value added tax (VAT) or goods and services tax (GST) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT or GST purposes in your country. At our request, you will provide us with the VAT or GST registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Your subscription plan for a Videommerce subscription package enables you access to the Service and its functionality. 

The Videommerce Service is offered on various payment alternatives, all as described in our billing page. All of our packages are based on a periodic (monthly, annual, or otherwise) billing cycle and enable you to run personalized video campaign based on the video ad you created on the Site. Your cycle starts on the date that you committed to your package. It resets for a new cycle at the end of the period. Your package entitles you to a create unlimited number of personalized videos per period.

 

We accept various forms of payment, as set forth on the Site from time to time. By signing up for Videommerce and providing your billing information, you are authorizing us to charge your designated payment method on a recurring basis (now, and again at the beginning of any subsequent subscription period), based on the subscription package you chose. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site. In the case that we have an issue with your current credit (for example: card decline, fraud detection, etc), we will ask you to update your card details before proceeding with your package. If We does not receive payment from your payment provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that We may either terminate or suspend your subscription and continue to attempt to charge your chosen payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will be charged on the date you signed up for a Videommerce subscription package (or at the end of your free trial period), and subsequently, you will be charged in advance on or around the last day of each period for the immediately following periodic subscription term.

Unless you cancel your subscription in the billing page or notify us of your decision to cancel, your subscription will automatically renew at the then-current fee. We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.

Your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your Account at Videommerce.com, selecting the “Payments” Page and confirming the “cancel plan” or, alternatively, by informing the Videommerce Customer Support Department at Videommerce.com welcome@videommerce.com prior to the renewal commencement date and time. If you want to terminate your and account subscription permanently, please log in and go to the “My Account page on and confirm the “Delete Account.” If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires and we will downgrade your Account to the free or equivalent plan on Videommerce once the current paid plan period ends. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

 

To the greatest extent permissible under applicable law, there are no refunds or credits for partially used periods or for any functionality or content not used while you were subscribed to the paid plan. Following cancellation, however, you will continue to have access to the Services to the end of your current billing period. In extenuating or unusual circumstances, we may, subject to our discretion, provide a partial refund, discount, or other consideration to members, but our providing such accommodations in one instance does not entitle members to such accommodations in the future, even in similar circumstances.

You can buy another voice over language version or downgrade your package subscription plan through the billing page and in accordance with the instructions specified therein (but you may not do so while your subscription is suspended).

You agree that failure to pay the Videommerce package subscription fee shall forfeit your right to send personalized video campaign and to further share it on the web and We may prevent your ability to send video campaign at any time in its sole discretion.

A Videommerce package is valid for only one single end user. Accounts are registered to you personally or as a business part and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else. If you have registered for a Videommerce package on behalf of your employer, please note that each end user of the Videommerce package must register for his or her own account.

Videommerce reserves the right to change or supplement the Videommerce package subscription fees  and any other charges and billing procedures, at anytime. Such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, VideoMill shall have the right to terminate your account without prior notice.

TERMINATION OF ACCOUNT

You agree that Videommerce may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Videommerce or VideoMill.

Termination of Account for any of the above mentioned reasons shall not entitle you to any refund.

If Videommerce believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior.

If you want to terminate your and account subscription permanently, please log in and go to the “My Account page on and confirm the “Delete Account” (but you may not do so while your subscription is suspended) or send request to welcome@videommerce.com e-mail address.

Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access or use the Services.

CONTENT

Certain types of content may be made available through the Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available or created on the Site or through the Services by you including but not limited to the videos and the music incorporated in it.

You are fully and solely responsible for any Content you create, submit or post to the Site or any other platform, including all Content that you include in any video or use to create your videos. You represent and warrant that any such submitted Content complies with all applicable law, that you have all necessary rights to submit any such Content or to use, display and distribute any submitted Content to create any video ad and that no such Content (or modifications you may make to such Content) infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. Videommerce has no obligation to accept, display, review or maintain any Content. Moreover, Videommerce reserves the right to remove and permanently delete any Content, including any Content submitted or modified by any user, without notice and for any reason. Moreover, if Videommerce reasonably believes that any Content distributed through a third party (such as through a social media account such as Facebook) could violate any provision of these Terms, Videommerce may contact such third party in order to inform such third party of the relevant violation. WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

Videommerce may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Videommerce reserves the right to treat user Content as content stored at the direction of users for which Videommerce will not exercise editorial control except when violations are directly brought to Videommerce’s attention. Videommerce has the right to edit, delete, distort, modify or move user Content from the Site without notice for any reason at any time. Additionally, Videommerce has the right to refuse to transmit, email, post or broadcast any user Content (including to refuse to allow a user to post or distribute such Content through a third party) without notice for any reason at any time.

Content on the Site comes from a variety of sources. You understand that Videommerce is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Content created will be only viewable by you unless you decide to share it publicly on the Site or any other platform by using Campaign setting page. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU INCLUDE IN ANY CONTENT, AND ESPECIALLY ANY CONTENT THAT YOU SHARE PUBLICLY. Do not post publicly any private information or information you do not wish to be seen by others, or which you do not want to be shared or edited by others. Please note that once you provide a third party with a link to any Content, such third party may freely share that link with additional third parties. As such, please carefully select the individuals to whom you choose to provide with links to any Content. We are not responsible for the use by third parties of any personal information that you disclose on the Service or through any Content.

You irrevocably waive all claims that you may have against any VideoMill (including its affiliates, employees, contractors, users and customers) or any third party entities or individuals for the use or distribution of any of your Content including all claims in respect of intellectual property rights, privacy rights, publicity rights or moral rights. You shall fully indemnify VideoMill and Videommerce against any such claims that you may bring.

CONTENT AND USE RESTRICTIONS

You may create personalized videos on the Site or through the Services, and use them in the following ways:

Send them as a link to your Customers;

Post them at online locations like your website;

Use them for as long as you have your subscription plan open;

You may not, by yourself or through others, use videos that you create on the Site or through the Services in any of the following ways:

Broadcast, display or perform the videos on television or cinema;

Assign or resell your rights to use the videos to someone else (person and/or business)

Edit, manipulate, add, remove or otherwise change in any way whatsoever a video that you’ve created from the Services (including, but not limited to, the images, music or texts in the video);

Extract content from the video to use or distribute it separately.

Provide (sub-license) the video, or any component or portion thereof (including, but not limited to, the images, music or texts in it), for others to use or reuse (including, but not limited to reuse as stock, archive or library footage);

Combine the video with another audiovisual piece.

Create, download or use the video as “raw footage” that do not contain text captions and a music track, or use or resell the produced video as stock content in any way or form, online or elsewhere, with the exception of using it as a background video on your website or as a social page cover

Create, download and use “raw music”, that is, use a music track without the accompanying video footage that includes both text captions and the music track.

You may not use musical elements that We provide on the Services in order to create episodic series productions or themes, namely television programming or motion picture cinematographic movies.

Without limiting the foregoing, you agree that you will not create, transmit, submit or post any Content (including any comments, or modifications to or mashups of any Content) that: (1) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) Portray any person and/or video depicted in a way that a reasonable person would find offensive, including but not limited to depicting a Model from video footage: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities. (3) Infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (4) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) Publishes falsehoods or misrepresentations that may damage us or any third party; (7) Use in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. (8) Use (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof. (9) Involves gambling activities, or the payment or acceptance of payments relating to gambling activities; (10) Imposes an unreasonably or disproportionately large load on our infrastructure; or (11) Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; and (2) Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (4) Use or access another user’s account or password without permission; (5) Use the Site or Content thereon in any manner not permitted by these Terms, (6) post, distribute or edit any Content or links in violation of the requests or wishes of the individual that provided you with such Content or links.

You may not use the videos that you create on the Site or through the Services in any manner that suggests that such video or similar videos can be obtained elsewhere.

YOU MAY NOT USE THE SERVICES IN AN ATTEMPT, OR WITH A VIEW TO DEVELOP, OR CREATE, OR PERMIT OTHERS TO DEVELOP OR CREATE, A PRODUCT OR SERVICE SIMILAR TO OR COMPETITIVE WITH THE SERVICES.

INTELLECTUAL PROPERTY

Videommerce and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of VideoMIll, Videommerce or any third party.

The Service, as well as the content included on the videommerce.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of VideoMill or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.

You retain all right, title and interest in any Content of yours that you submit to Videommerce. If any third party Content is included in any video you create, you receive no rights in such Content, save the limited right to distribute such Content as embedded in your video, subject to the terms and conditions of these Terms.

By creating, submitting or posting any Content you grant VideoMill, Videommerce and their successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, display, and perform such Content on, through or in connection with the Site or Services for any purpose and in any medium, including without limitation, for commercially the Site and Services, as well as any other commercially available items on the Site.

COPYRIGHT POLICY

We respect the intellectual property rights of others and request our users to do the same.

If a person believes that certain content, which appears on or through the Services, infringes copyright that that person owns or represent, you may send a written notification to us towelcome@videommerce.com, stating the location of the work claimed to be infringing. Upon their notification and subject to applicable copyright laws, we may remove or disable access to any such content.

To be effective, the notification of claimed infringement must be a written communication provided to us that includes substantially the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;

Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;

Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;

Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

After receiving the communication, we may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any content on the Services, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.

Counter Notification

If we’ve removed material that a user of the Services submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification to us. To be effective, the counter notification must be a written communication provided to us that includes substantially the following:

The user’s physical or electronic signature;

Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;

A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;

User’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.

We may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless we first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Services.

Repeat Infringements

We may deny or cancel any instance of your use of the Services, or terminate your user account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded material was removed from the Services more than twice.

We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.

You may contact us through any of the following communications channels:

Email address: welcome@videommerce.com

Postal Address: VideoMill Ltd. 95 Ken Av. 02777 Warsaw Poland

Please note that we receives alleged infringement-related notifications only.

Misrepresentations

Any person who knowingly materially misrepresents that: (1) certain material is infringing, or (2) certain material was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

Technical requirements

We assure that the Service (personalized video creation to the Customers) will operate with the latest official version of Internet Explorer (Edge), Mozilla Firefox, Google Chrome and Safari web browsers supporting well html5 and video tag. In order to use the Service it is necessary that you have a device that allows you access to the Internet, have an email and a website browser and with “cookies” and JavaScript enabled, as well as email. You expressly agree that the quality of created personalized video sent as a link, posted, streamed or otherwise published using the Service might differ from the uploaded stream, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Service.

You also acknowledge that the Webinar feature will work properly if a camera and/or microphone and a headset or loudspeaker are on and not used by another application.

DISCLAIMERS & DISCLAIMER OF WARRANTY

Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services, and any product made available through the foregoing, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, OR WITH RESPECT TO ANY PRODUCT MADE AVAILABLE THROUGH THE FOREGOING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES. We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. PRIOR TO UPLOADING ANY CONTENT TO THE SITE, YOU SHOULD ENSURE THAT YOU FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE, SUCH CONTENT. IF YOU DO NOT FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE CONTENT, DO NOT UPLOAD CONTENT. YOU SHALL NOT HAVE ANY CLAIMS AGAINST VIDEOMMERCE OR VIDEOMILL, AND YOU HEREBY IRREVOCABLY WAIVE ALL CLAIMS AGAINST VIDEOMMERCE OR VIDEOMILL, IN RESPECT OF THE USE, EDITING, MODIFICATION OR DISTRIBUTION OF ANY CONTENT (A) DESIGNATED AS “PUBLIC” ON THE SITE OR (B) IN RESPECT OF WHICH YOU HAVE PROVIDED THIRD PARTIES WITH A LINK TO SUCH CONTENT. VIDEOMMERCE DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO WHETHER USER GENERATED CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY.

Videommerce is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you provide, except to the extent required by applicable law.

LIMITATION OF LIABILITY

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE PURCHASE OF PHYSICAL GOODS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100 (ONE HUNDRED UNITED STATES DOLLARS). YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PURCHASED GOODS WILL BE THE REFUND BY VIDEOMMERCE OF THE AMOUNT YOU PAID FOR SUCH PRODUC.

LINKED CONTENT

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Videommerce cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Videommerce is not responsible for content or services available by means of such sites. Videommerce does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Videommerce may allow you to purchase physical goods from third parties. Videommerce has no responsibility or liability in respect of the provision of goods or services from any third party.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Videommerce and VideoMill and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any message or Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

DOWNTIME

VideoMill and Videommerce are entitled to temporary downtime in the operation of the Site and breaks in provision of the Services.

We shall make every effort for the technical breaks to occur at time when the inconvenience become reduced to a minimum.

In case of a downtime lasting in excess of 24 hours at a time, We shall inform the User about the occurrence via e-mail.

For any technical break lasting in excess of 24 hours at a time, you shall have the right to apply to us, with a request to extend the Billing Cycle, during which the technical break occurred, by the same period as the downtime lasted.

We shall not be held liable for the aftermath caused by force majeure.

We shall not be held liable for the availability and proper operation of external API’s from social networks and other web services.

We shall not be held liable for non-performance or misperformance of the Services for reasons attributable to third parties.

We shall not be held liable in accordance with the provisions of articles 12-14 of the Act of 18 July 2002 on rendering electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).

MISCELLANEOUS

These Terms shall be governed by the laws of the VideoMill’s registred office exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Videommerce must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and VideoMill or enables you to act on behalf of VideoMill. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Videommerce and VideoMill (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements with regard to your use of the Site. If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page: https://videommerce.com/

Last Update: 04.09.2018