3. HOW YOU CAN'T USE VIDEOTC: You can't impersonate others or provide inaccurate information.You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.You can’t violate (or help or encourage others to violate) these Terms or our policies.You can't do anything to interfere with or impair the intended operation of the Service.You can not post content that we deem inappropriate. Said content will be removed and subject your account to termination at our discretion. You can't attempt to create accounts or access or collect information in unauthorized ways.This includes creating accounts or collecting information in an automated way without our express permission.You can’t sell, license, or purchase any account or data obtained from us or our Service.This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Instagram usernames, passwords, or misappropriate access tokens.You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods)..You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.You can't use a domain name or URL in your username without our prior written consent.4. CONNECTING YOU WITH BRANDS, PRODUCTS, AND SERVICES IN WAYS YOU CARE ABOUT.We may use data from your use of Videotc, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Videotc.
5. PERMISSIONS YOU GIVE TO US. As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your content, but you grant us a license to use it.Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Videotc and its properties, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You agree that we can download and install updates to the Service on your device.You are solely responsible for your User Provided Content;You must have all the necessary legal rights to upload or post your User Provided Content;Any User Provided Content you provide complies with our rules;You will provide Videotc upon our request, with any documentation necessary to evidence your compliance with these Terms; andAny User Provided Content that you have shared publicly (e.g. by including such User Provided Content in a Videotc family tree, as part of your public profile in one of the Services or in a public posting on one of our Services) may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the family trees or public profiles of other users.
Content will not be deleted within 120 days of the account deletion or content deletion process beginning in the following situations: ● where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or● where deletion within 120 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or● where deletion would restrict our ability to: ● investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);● protect the safety and security of our products, systems, and users;● comply with a legal obligation, such as the preservation of evidence; or● comply with a request of a judicial or administrative authority, law enforcement, or a government agency;● in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and other sections pertaining to disputes will apply even after termination.
If we terminate Videotc or determine the need to suspend all or part of the service, we will provide you notice per the notification information you provide us and give you notice of the date the service will be suspended and terminated. For that reason it is incumbent upon you to maintain a copy of all content you upload and provide to Videotc. 7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVERPLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.We work hard to keep our customers satisfied. If a dispute arises between you and Videotc, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
For U.S. Customers:You and Videotc agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.If any dispute between us is not resolved within 30 days after contacting us, then you and Videotc agree that we will resolve it through final and binding arbitration, with the following three exceptions:1. You may assert your dispute, if it qualifies, in small claims court.2. Both you and Videotc may bring a suit in court in the state of Iowa only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.Arbitration Rules: Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Statement, including but not limited to any claim that all or any part of these Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration Videotc Legal Department, 320 North 3rd Street, Suite 100 Burlington, Iowa 52601. Arbitration may take place in the county where you reside at the time of filing. You and Videotc further agree to submit to the personal jurisdiction of any federal or state court in Des Moines County, Iowa in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.Fees: You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Videotc will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.No Class Actions: You and Videotc each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.Changes to This Section: Videotc will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.Survival: This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.8. Updating These TermsWe may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your accountEntire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Videotc regarding your use of the Services and supersede any prior agreements we may have relating to the Services.Notification of Changes to the Services: Videotc may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.Feedback: If you submit feedback or suggestions about Videotc or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Videotc, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.If Videotc is Acquired: If Videotc or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Videotc has the right to share your Personal Information, User Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Passwords and Account Access. The member who created the Videotc account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Videotc account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Videotc ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Videotc or our partners from identity theft or other fraudulent activity. If your Videotc ready device is sold, lost or stolen, please deactivate the Videotc ready device. If you fail to log out or deactivate your device, subsequent users may access the Videotc service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our website.
10. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
6THE VIDEOTC SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE VIDEOTC SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VIDEOTC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE VIDEOTC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. VIDEOTC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, VIDEOTC READY DEVICES, AND VIDEOTC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL VIDEOTC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.