Last updated: March 31st, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using websites (the “Service”) operated by Vidbeo Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Vidbeo Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Vidbeo Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We will use all reasonable efforts to make the Service available with a monthly uptime percentage of at least 99.9% (the “Service Commitment”).
If we do not meet the Service Commitment, you will be eligible for a credit (the “Service Credit”) against the payment due to us for the billing period following the billing period in which the Service Commitment was not met.
The Service Credit is calculated as a percentage (the “Service Credit Percentage”) of the total charges paid by you during the billing period in which the Service Commitment was not met. The Service Credit Percentage is calculated by dividing the length of time the Service was unavailable during the billing period in which the Service Commitment was not met by the length of that billing period.
To receive a Service Credit you must email firstname.lastname@example.org. Your email must contain “Service Credit” in the subject line. You must include the dates and times of the service unavailability. If we confirm the monthly uptime percentage did not meet the Service Commitment we will issue the Service Credit to you.
The Service Credit will only be applied if it is an amount greater than 1 GBP (British Pounds Sterling). Service Credits can not be transferred between accounts. The receipt of a Service Credit is your sole remedy for any unavailability of the Service.
The Service Commitment does not apply to any unavailability: (1) caused by factors outside of our reasonable control, including any force majeure event; (2) arising from our termination of your account; or (3) arising from your software, equipment or technology including, but not limited to, security features blocking access to the Service.
We reserve the right to change the terms of this SLA in accordance with the Terms.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
We reserve the right to terminate any account at any time if it contains Content that we deem inappropriate. This includes (but is not limited to) pornography, sexually-explicit Content or Content that promotes or incites violence against any individual or group.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree that where we provide features to control or limit access to any part of the Service, including but not limited to, your Content, we cannot be held liable for any loss or damage arising from anybody accessing it.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You may only create an account for a company or organisation if you have been given permission to do so.
You are responsible for safeguarding all password(s) and token(s) that you use to access the Service and for any activities or actions under your password or token, whether your password is with our Service or a third-party service.
You agree not to disclose password(s) or token(s) to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make while using the Service.
You may request that your account be closed at any time. You will continue to have access to the Service until the end of your current billing period. We will terminate your access to the Service at the end of your current billing period and delete any Content you have added.
You agree not to collect or harvest personal data of any user of the Service.
You agree not to solicit for commercial purposes any user of the Service.
You agree not to (or attempt to) circumvent or interfere with any security related feature(s) of the Service.
You agree not to (or attempt to) modify or alter any part of the Service.
You agree not to use any automated tool, service or system that makes more requests to or from any part of the Service other than our APIs than a human could be reasonably expected to make using a standard un-modified web browser.
You may not charge for access to or usage of the Service unless you have obtained our prior written approval.
You agree that the form and nature of the Service may change without prior notice to you.
We may offer you a period of time for you to try the Service. We reserve the right to change the duration of, and eligibility for, the trial period at our sole discretion.
We may impose limits on your usage of the Service during your trial period that include (but are not limited to) controlling the amount of Content you may store and how much data is transferred to provide the Service.
If you do not inform us before your trial period ends that you would like to convert to a full account, we will terminate your access to the Service and we will delete any Content you have added.
To continue using the Service after your trial period ends, you must provide us with valid details of a payment method we support.
All payments must be made in GBP (British Pounds Sterling) unless you have obtained our prior written approval to pay in another currency. The issuer of your payment method may charge you an additional transaction fee.
By providing a payment method, you authorize us to charge to that payment method a monthly fee and for any other charges that may arise during your use of the Service. You understand and acknowledge that the amount billed each month may vary. We will bill your payment method each month unless and until you request your account be closed. We may change the timing of our billing.
In the event your payment method has not successfully settled, you authorize us to continue to bill your payment method on any other day. If payment is not received by us after a period of time we determine to be reasonable, we will terminate your access to the Service and delete any Content you have added.
All payments are non-refundable. There are no refunds or credits for any unused part of the Service, including but not limited to unused time or storage.
We may at any time and for any reason decide to provide a credit, refund or discount to some or all of our users. Receiving a credit, refund or discount does not entitle you to receive, nor obligate us to provide, any further credit, refund or discount.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, Vidbeo Ltd, are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:
- Your contact details - including your name, email address and daytime telephone number.
- Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
- The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
You can contact our Notice and Takedown Officer via email at firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Vidbeo Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vidbeo Ltd.
When you upload content, you give to Vidbeo Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Vidbeo Ltd business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Vidbeo Ltd.
Vidbeo Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Vidbeo Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Vidbeo Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Vidbeo Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Vidbeo Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Vidbeo Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Vidbeo Ltd or any person for whom Vidbeo Ltd is responsible, and even if Vidbeo Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
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