Terms of Use

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VTC, LLC (“Videotc”) Terms of Use

Effective July 26, 2021

The following Terms of Use (the “Agreement”) outlines what Videotc expects of you and what you can expect from Videotc when you access Videotc.com and Videotimecapsule.com websites (“Website”), as well as the associated applications (“Applications”) and services (the Website, Applications, and other Videotc services being collectively referred to as the “Services”). It is important that you read and understand these Terms of Use so that you are aware of your rights and obligation when accessing the Services.

By accessing this website, you acknowledge that you are either: 1) at least 18 years of age; or 2) at least 13 years of age AND accessing the Services with the permission of your parent and/or legal guardian. By accessing this website, you also acknowledge that all of the information you provide through the Services shall be correct and complete. Additional terms governing your use of the Services may apply and will be disclosed to you when you sign up for a new aspects of the Service or if you take advantage of a new promotion or special offer which, if you use those aspects, promotions, or offers, become part of the Agreement. If any additional terms conflict with this Agreement, those additional terms will prevail. If you have any questions about this Agreement or the Services, please contact Videotc.

Videotc offers the Services only upon your unconditional acceptance of the terms and conditions without modification. You may be required to agree to additional terms to access additional features of the Services. In the event such additional terms conflict with the terms of this Agreement, such additional terms shall control. From time to time, Videotc may change the terms of this Agreement and/or discontinue the Services at any time, without notice or liability to you. All such modifications shall become effective immediately. It is your responsibility to check for any changes each time you access the Services. Your continued use of the Services after the posting of any changes shall constitute your agreement with, and acceptance of, such changes. In the event you do not agree to abide by the terms of this Agreement, you must not use the Services in any manner. MISUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY.

No Storage

You are soley in charge of downloading and/or backing up any of your content you wish to preserve. If you wish to preserve any of your content, you must back up such content on storage facilities under your control and unrelated to Videotc. You hereby acknowledge that Videotc, in its sole discretion, may remove and/or delete all or a portion your Submissions, as well as any additional information collected from, or about you, or produced for you, at any time, without notice or liability to you.

Fees

Regardless of the fees (if any) Videotc charges you to access or use the Website at any given time, Videotc reserves the right to change its fee structure at any time, without notice to you. You hereby acknowledge that such fee changes may restrict your access to the Services and content.

Arbitration Notice

Except as specifically provided in this Agreement, you agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding, individual arbitration to be held in Burlington, Iowa in accordance with the rules of the American Arbitration Association (the "Rules") AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION DIRECTLY OR INDIRECTLY RELATING TO THE PROVISION OF, OR FAILURE TO PROVIDE, THE SERVICES. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The parties shall each bear their own attorney fees with respect to such Arbitration but shall share equally the other costs and expenses of arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

In the event a dispute arises between you and Videotc, you hereby agree to initially try to informatlly resolve the dispute by contacting Videotc directly.

For U.S. Customers:

Both you and Videotc agree that the following terms affect interstate commerce and are governed, interpreted, and enforceable, by and under the Federal Arbitration Act:

Other than the following three exceptions, you and Videotc agree that if any dispute with Videotc remains unresolved thirty (30) days after you contact Vidoetc, then you agree that you and Videotc will resolve the dispute through final and binding arbitration:

1. You may bring an action in small claims court.
2. For a claim of infringement or other misuse of intellectual property rights both you and Videotc may bring a suit in any court in the state of Iowa only. In such an event, both you and Videotc waive any right to a jury trial.
3. You are free to bring any claim to the attention of a relevant federal, state, or local agency to seek relief against Videotc on your behalf.

In the event you terminate a subscription with Videotc for breach after the thrity (30) day resolution period, during which the breach remains uncured, Videotc will refund any pre-paid fees to you on a pro-rata basis.

Arbitration Rules

Arbitration will be conducted by the Judicial Arbitration Mediation Service (“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 Videotc. 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.

All of the foregoing arbitration provisions shall survive any termination of your account, this Agreement, or the Services.

Videos, Photos, Comments, Reviews, and Other Content. You are free to post or submit comments, photographs, videos, reviews, suggestions, ideas, questions, as well as other content, communication, and information (collectively “Submissions”) through or to the Services. Provided however, you are not authorized to post or submit any Submissions, that contain, in whole or in part, software viruses, commercial solicitation, requests to republish the Submission, political campaigning, mass mailings, or any form unsolicited commercial electronic messages. You are not authorized to post or submit any Submissions that are associated with a false or misleading e-mail address or that falsely imply an identity, association, or affiliation with another person or entity. Although Videotc does not regularly review Submissions, Videotc reserves the right, but not the obligation, to edit or remove any Submission at its sole discretion.

By posting or submitting Submissions, you hereby grant Videotc an irrevocable, perpetual, worldwide, nonexclusive, royalty-free, and fully sublicensable right to use, distribute, copy, display, modify, translate, adapt, publish, perform, translate, and create derivative works from such Submissions in any format or media. By posting or submitting Submissions, you also grant Videotc and its sublicensees the right, but no the obligation, to use the name used to post or submit the Submissions (collectively the “License”). Videotc expressly disclaims all liability associated with any Submission posted by you or any other person or entity.

Videotc does not own your Submissions, but you herby grant Videotc the License to use all of your Submissions. You still own your Submissions and you remain free to share your Submissions with anyone else, wherever you want. Videotc does need the License to provide you with the Services. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with Videotc’s Service, you hereby grant Videotc the License in the form of 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 Submissions (consistent with your privacy and application settings). This License will end when your Submissions is deleted from Videotc’s systems. You can delete your Submissions 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.

By using the Services, you hereby give Videotc the right 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, Videotc may show that you liked a sponsored post created by a brand that has paid Videotc to display its ads onVideotc. 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. Videotc will also respect your ad settings.

You agree that Videotc can download and install updates to the Service on your device.

You are solely responsible for your Submissions;

You must have all the necessary legal rights to upload or post your Submissions;

Any Submissions you provide complies with Videotc’s rules;

You will provide Videotc upon Videotc’s request, with any documentation necessary to evidence your compliance with these Terms; and Any Submissions that you have shared publicly (e.g. by including such Submissions as part of your public profile in one of the Services or in a public posting on one of Videotc’s Services) may be used by other users as part of, or in conjunction with, the Services. Videotc will not be required to remove any Submissions that you have made public or has otherwise been shared from public profiles of other users.

Content Removal

Videotc may cease providing you with Services at any time, without notice to you, if Videotc believes, in its sole discretion, that the your use of the Services and/or any Submission violates these Terms of Use, Videotc’s policies, or if Videotc is permitted or required to do so by law. Videotc may refuse to provide or stop providing all or part of the Services immediately: 1) to protect Videotc’s community or services; 2) to avoid or mitigate any risk or legal exposure for Videotc; 3) if you violate these Terms of Use or Videotc’s policies; 4) if you infringe other people's intellectual property rights; or 5) where Videotc is permitted or required to do so by law. In the event Videotc determines that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on Videotc, Videotc may also terminate or change the Service, remove or block content or information shared on Videotc’s Service, or stop providing all or part of the Service. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact Videotc immediately. When you request to delete content or your account, the deletion process will automatically begin no more than sixty (60) days after your request. It may take up to one hundred and twenty (120) days to delete content after the deletion process begins. After the content is deleted, it may take Videotc up to another ninety (90) days to remove the content from backups and disaster recovery systems.

In the following circumstances, content may not be deleted, despite a request that it be deleted:

• If the 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
• If deletion within one hundred and twenty (120) is not possible due to technical limitations of Videotc’s systems, in which case, Videotc will complete the deletion as soon as technically feasible; or
• If deletion would restrict Videotc’s ability to:
• investigate or identify illegal activity or violations of Videotc’s terms and policies (for example, to identify or investigate misuse of Videotc’s products or systems);
• protect the safety and security of Videotc’s 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 Videotc disables 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 Videotc terminates or determines the need to suspend all or part of the service, Videotc will provide you notice per the notification information you provide Videotc 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.

Automatic Subscription Renewals. Unless otherwise specifically stated in the terms of your offer, your subscription to Videotc shall automatically renew. Immediately upon the end of your free trial and/or as soon as you become a subscribing member, your subscription will automatically renew based on the subscription program you chose (e.g. weekly, monthly, quarterly, annually, etc.). Youre renewal will be charged the then-current rate for the subscription program you are on (plus applicable taxes, such as value added tax when the stated rate does not include VAT) at the beginning of each billing term of your subscription via the billing method you have provided to Videotc. To prevent an interruption in your subscription, it is important that you ensure that your billing information is always current and correct.

Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. The maximum subscription term will be one (1) year and will need renewed after the one (1) year anniversary of your subscription. Videotc will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below. Videotc anticipates modifications to rates of subscription based on usage which could result in a decrease or increase of the subscription, post free trial period.

Subscription Cancellations and Refunds. You may cancel your Videotc subscription by logging into your account or by contacting us.

Unless otherwise stated in the terms of your subscription, the following terms will apply:

Free Trials

Some of the Services allow you to register for a free trial so you can try the Services before starting a paid subscription. If you register for a free trial, you may cancel at any time prior to seven days before the end of the free trial period and incur no charge. If you do not cancel by that time, your paid subscription will start once your free trial period ends. One free trial per user. After a free trial bills through, no refunds will be issued. For users located in the European Union, your free trial is inclusive of your cooling off rights.

Monthly Subscriptions

Subscriptions billed on a monthly basis may be canceled at any time prior to two business days before your renewal date but are not eligible for a refund. If you cancel your monthly subscription, you will retain access to your Services for the remainder of that month. If you do not cancel your subscription prior to two days before your renewal date, we will renew your subscription for one more month.

Videotc subscriptions

Except as outlined below, if you cancel this type of subscription before the end of your subscription period, you are not eligible for a refund, but you will retain access to the relevant Services for the remainder of your subscription period, after which your subscription will be cancelled. If you do not cancel your subscription within your subscription period, we will renew your subscription for additional terms equivalent in length to your current subscription, until you cancel. After your subscription renews, you are not eligible for any refunds. Refunds are not based on account usage. Subscriptions Longer than a Month, Billed Monthly. Where offered, some subscriptions longer than a month may be eligible for monthly billing. Even though you will be billed monthly, you are committing to the entire length of your subscription (e.g. 6 months or 12 months). Except as outlined below, if you cancel this type of subscription before the end of your subscription term, you are not eligible for a refund, but you will retain access to the relevant Services for the remainder of any paid months (after which your subscription will be cancelled), and you may be charged a cancellation fee. If you do not cancel your subscription within your subscription period, we will renew your subscription for additional terms equivalent in length to your current subscription, until you cancel. After your subscription renews, you are not eligible for any refunds.

Taxes and Fees

You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees.

Updating your Payment Methods

You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Changes to the Price and Subscription Plans

Videotc reserves the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

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 Videotc 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 Videotc 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 Videotcers 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.

Electronic Communications

By accessing the Website, using the Services, or sending e-mails, text messages, and/or other communications to the Website and/or Videotc, you consent to receive communications from Videotc including, but not limited to, e-mails, voicemails, texts, and/or mobile push notices. By accessing the Website, you also agree that all of the electronic communications Videotc provides to you satisfy any and all legal requirements that such communications be in writing.

Privacy

To understand Videotc’s privacy practices, please review the Privacy Policy https://videotc.com/privacypolicy which also governs your use of the Services.

Third-party partners

Videotc may use data from your use of the Services, as well as from third-party partners, to tailor ads, offers, and other sponsored content presented to you.

Impermissible Activity

You shall not use the Services or any Videotc server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, hate-related, profane, obscene or offensive; (4) is pornographic or indecent; (5) contains false or misleading information or attempts to impersonate any other person or account (6) inhibits another user from use or enjoyment of the Services; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising (other than as a paid advertiser of the Services); (10) includes any type of spam, chain letter or non-employment related solicitation or advertising; (11) includes trade secrets, encrypted material, passwords or information on how to access password-protected material; (12) includes personally identifiable information regarding any person under 18 years of age, (13) constitutes or promotes any form of intellectual property infringement, including, but not limited to copyright infringement; (14) constitutes invasion of privacy; or (15) attempts to create accounts or access or collect information in an automated or other unauthorized ways. You also shall not (1) copy, reverse engineer, transfer, allow unauthorized access to or otherwise misuse the Services; (2) use the Services except as specifically authorized under this Agreement; (3) attempt to access data not intended for you; (4) probe vulnerabilities of the Services for any reason; (5) interfere with the operation of the Services or with any third party's access to, or enjoyment of, the Services, including, but not limited to, infecting the Services, or any of its servers, or any other user of the Services with a virus, worm, Trojan horse or other malware; (6) attempt to obtain unauthorized access to any account, hardware, system or network related to Videotc; (7) modify, adapt or create derivative works based on the Services or any content provided thereon or contained in any Videotc servers or systems; (8) disrupt any account, hardware, system or network related to Videotc; (9) attempt to extract any data from the Services other than data expressly made available to you by Videotc; (10) use any software related to Videotc to develop any software which provides you or any other person or entity, unauthorized access to the Services; or (11) attempt to buy, sell, license, purchase, or otherwise transfer, any account or data obtained from Videotc or the Services including, but not limited to, any aspect of your account (including your username and/or password).

Hold Harmless

You are solely responsible for all of your activities in relationship to the Services and the consequences thereof. You agree to defend, indemnify and hold Videotc, its subsidiaries, affiliates, assignees, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of the Services, including, but not limited to: (1) your submission to the Services of any Content; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity. Videotc will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to the Services as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of Videotc’s Privacy Policy, Videotc reserves the right to report the transmissions of any data or Transmission(s) which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist, and provide information to, law enforcement prosecuting users involved in criminal violations of the foregoing.

Services Usage

Videotc will use commercially reasonable measures to maintain operation of, and access to, the Services. Videotc shall not be liable for technical difficulties, third party actions, routine site maintenance or any other events outside Videotc’s control, which may, periodically, result in temporary denial of access to, or use of, the Services. Videotc may, at any time, without notice or liability to you, modify or terminate any functionality associated with the Services. Neither Videotc nor this Agreement authorizes you to provide any Content to any third party by any means. Any transfer, distribution or license of any Content by you must be pursuant to written pre-authorization provided by an officer of Videotc.

List Price

As used on the Website, "List Price" means the suggested retail price of a product provided to Videotc by a manufacturer, distributer, or seller.

Videotc Accounts

To access the Services you may be required to: 1) create your own Videotc account (“Account”); 2) be logged into your Account; and 3) have access to a payment system associated with your Account. If there is a problem charging your default payment system, you may be automatically charged using another payment system associated with your Account. You are free at any time to add/remove/modify your default and other payment systems associated with your Account, by logging into your Account and making the desired changes. You acknowledge that you are responsible for maintaining confidentiality of your Account, as well as the email address and password associated therewith. You accept full responsibility for all activities that occur using your Account and/or associated password. If you are under the age of eighteen (18) you are not authorized to create an Account or use the Services. Videotc reserves the right, at its sole discretion, to terminate your Account and/or your authorization to use the Services, remove or edit content offered through the Services, and/or cancel your order(s).

Risk of Loss and Returns

The risk of loss and title for all purchases of physical items you make using the Services transfers to you upon delivery of that product to the carrier contracted to deliver such items. In the event you wish to return an item, Videotc does not take title to returned items until the item actually arrives at Videotc’s return center. At it discretion, Videotc may issue you a refund without you having to return the item, in which case Videotc does not take title to the refunded item.

Termination

Videotc may terminate this Agreement without warning, if, in Videotc’s sole discretion, you have violated any provision of this Agreement. Videotc may terminate this Agreement at any time, for any reason, upon notice to you, which may be provided to you via a modification to this Agreement. You may terminate this Agreement upon sixty (60) days written notice to Videotc and ceasing to access the Services. Such termination is your exclusive remedy in the event you are not satisfied with the Services.

Violations

Violations of this Agreement entitle Videotc to receive from you minimum damages in the amount of $500 for each violation, plus legal fees. This is in addition to damages awarded to other wronged parties. Using Content in violation of this agreement entitles Videotc to receive from you minimum damages in the amount of $500 for each violation, plus legal fees.

Ownership of Content

All Content is owned by Videotc and/or its licensors and is protected by intellectual property laws, including copyright. All copyrightable Content (other than this Agreement itself), including the selection and arrangement thereof, are ©2020-22 Videotc LLC. ALL RIGHTS RESERVED. You may view or download a single copy of the Content solely for your personal, noncommercial use, provided you include the copyright notice located at the end of the material, for example: "©2020-22 Videotc LLC. ALL RIGHTS RESERVED" and other copyright and proprietary rights notices that are contained in the Content. Other special rules for the use of the Services and/or Content may be included elsewhere on the Website and are hereby incorporated into these Terms and Service. Except as otherwise stated in this Agreement, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Videotc. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Services.

No Guarantee

Videotc has the right, but is not obligated to, pre-screen, approve, or control the Content. Videotc does not guarantee the accuracy or veracity of any Content.

Independent Verification Required

It is your duty to independently verify the accuracy and veracity of any Content BEFORE contacting any Customer or advertiser, or entering into any agreement therewith. Videotc shall not be liable for any false, misleading, offensive, indecent, inaccurate or otherwise objectionable Content. You acknowledge Videotc is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the Services. Your only recourse is to stop using the Services. When you use the Website, you acknowledge that Content is transmitted in a manner that is beyond the complete control ofVideotc. Videotc, therefore, assumes no liability for any delay, failure, interruption, or corruption of any Content or other information transmitted in association with the Website.

Hyperlinks

The Services includes links to other websites wholly independent of Videotc and the Services. Videotc makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. Videotc does not endorse, sponsor or guarantee such third party websites. You agree not to hold Videotc responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.

Transmissions

You acknowledge that transmissions, other than personally–identifiable registration information, by you to or from the Services ("Transmissions") are non-confidential and that others may read and/or intercept such Transmissions. Videotc has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using the Services or Videotc’s server(s), and to edit or delete any Transmissions which violate any term of this Agreement. You hereby consent to Videotc’s collection and use of such Transmissions in accordance with Videotc’s then current Privacy Policy and acknowledge that submitting Transmissions to the Services, creates no confidential or fiduciary relationship between you and Videotc. By using the Services, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to Videotc. Accordingly, Videotc shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to the Services, you irrevocably waive all "moral rights" in such Transmissions.

Limitation of Liability

IN NO EVENT SHALL VIDEOTC, ITS PARENTS, ASSIGNEES, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO VIDEOTC’S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF VIDEOTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT VIDEOTC’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN ONE THOUSAND DOLLARS ($1,000).

Disclaimer

YOU ACKNOWLEDGE THAT THE SERVICES AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT VIDEOTC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES OR THE CONTENT OR THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS THEREOF. VIDEOTC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THE SERVICES YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) VIDEOTC DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) VIDEOTC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

VIDEOTC MAY PERIODICALLY CHANGE THE CONTENT. VIDEOTC RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THE SERVICES TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY VIDEOTC’S ENDORSEMENT OR SPONSORSHIP THEREOF.

Copyright Infringement Notice

It is Videotc’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Videotc has designated the following agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to the Services:

• by mail:

Videotc DMCA Copyright Agent
c/o Law Offices Of Brett J. Trout
516 Walnut
Des Moines, Iowa 50309

• by fax: (515) 280-7114
• by email: trout@bretttrout.com

If you believe any of the Services Content infringes your copyright, forward the following information to the above-identified DMCA Agent:

1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit Videotc to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademark

All trademarks used on the Services are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the Videotc name and logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in the Services ("Marks") are trademarks of Videotc and/or their respective owners. Absent prior written consent from an officer of Videotc, you may not copy imitate or use any portion of the Marks.

Data Collection and Use

Your Transmissions are subject to Videotc’s Privacy Policy. By using the Services, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Videotc may change its Privacy Policy without notice to you. Your continued use of the Services after the posting of any changes shall constitute your agreement with and acceptance of such changes.

Videotc does not knowingly collect data directly from anyone under 13 years of age. If you believe Videotc has inadvertently collected any such data, please contact Videotc’s website administrator at support@videotc.com for information regarding removal of any such data from Videotc’s files.

Governing Law

This Agreement shall be governed by the laws of the State of Iowa without reference to conflict of law principles, with jurisdiction and venue being in Des Moines County, Iowa. The Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.

Assignment

You may not assign your rights or obligations under this Agreement, either in whole or in part without the prior written consent of Videotc. Videotc may assign its rights and/or obligations under this Agreement at any time without notice to you. This Agreement binds, and inures to the benefit of, all assigns authorized under this Agreement.

Export

You shall abide by all applicable local and international laws, including but not limited to the export, re-export, and import regulations of other countries relating to goods, software, technology, and services. You shall not acquire for, ship, transfer or export any Content, or any portion thereof, directly or indirectly, in violation of any national or international treaty, law or regulation.

No Agency

You and Videotc are independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, employment or other form of joint enterprise between you and Videotc. You have no authority to, and shall not, bind or incur obligations on Videotc’s behalf. You shall not represent yourself as an agent or representative of Videotc.

External Websites

Videotc may provide links to websites of affiliated companies and/or other persons or entities. By accessing these other websites, you acknowledge that any purchase any of the products or services offered by these persons or entities is being made directly from those persons or entities and not through Videotc. Videotc is not responsible for examining or evaluating, and does not warrant, the offerings of any of these persons or entities including, but not limited to, the website content. Videotc does not assume and expressly disclaims any responsibility or liability for the goods, services, actions, and content of all such and other third parties. Before visiting any such external website be sure to read all terms of use and privacy policies associated therewith.

Force Majeure

Videotc shall not be responsible for any failure in the performance of obligations covered by this Agreement resulting from acts beyond its control. Such acts shall include but not be limited to acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, war, riots, terrorism, computer hacking, labor disputes, civil disturbances, power failures, communications transmission failures, natural disasters, governmental regulations, fire, flood, epidemic, restrictions, strikes and/or freight embargoes.

Acknowledgement

You acknowledge that international copyright treaties and laws, as well as other intellectual property laws and treaties, protect the Services, and that Videotc retains all rights in the Services, without limitation. Remedies. In addition to all other rights and remedies available to Videotc, Videotc shall have the right to obtain specific performance of your obligations hereunder.

Severability

If any provision of this Agreement is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms.

General

You acknowledge this Agreement, Videotc’s Privacy Policy and other legal notices published by Videotc to the Website constitute the entire agreement between you and Videotc regarding the Services. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Videotc. A waiver by Videotc of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in this Agreement shall be cumulative, and in addition to, and not in lieu of, any other remedies available to Videotc at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Thank you for your time and consideration and agreement to these Terms of Use. Videotc are sure that you will find the Videotc.com and Videotimecapsule.com websites and associated App interesting and informative. For any questions or comments regarding the Website, the App, including any dead links, please use Videotc’s Contact Us page.