Terms of Service
Latest Update
Vidello's terms of service were last updated on May 1st, 2019
Welcome to https://vidello.com/, a website (the “Site”) operated by Vidello Ltd. (the “Company”).

Please review these Terms carefully.  By accessing or using the Site, you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the Site.

ABOUT THE SITE
Vidello is a video hosting and marketing suite that provides online businesses with the essential marketing and hosting tools to assist in growing businesses through video (the “Service”).
The Site allows you to register for the Service. As discussed in our Privacy Policy, when you register for the Service you'll be asked to provide certain information about yourself, such as your name and email.

Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
PAID SERVICES
1) Vidello hosting platform

To use the paid Service, you will be charged a fee. This fee is currently collected via Stripe (our "Billing Service Provider"), which has its own legal terms.

We offer a seven-day-free trial for all of our plans.

We have two levels of plans:
- Standard (monthly and annual): 200GB/mo bandwidth, host and store up to 200 videos
- PRO (monthly and annual): 500GB/mo bandwidth, host and store up to 500 videos

“Bandwidth” means the amount of data that can be sent from one point to another in a certain period of time. We reset your bandwidth every 30 days.

During trial period, the Vidello logo will appear on each video. 

If you reach the limits of the Standard plan, you’ll be required to upgrade to the PRO plan. 

If you reach the limit of the Standard plan and fail to upgrade, we have the right to keep the Vidello logo on your videos until you do so. We also have the right to temporarily disable or terminate your account if this happens.

If you reach the limits of the PRO plan, please contact us to discuss an individualized plan.

2) Create Software License (video editor)

“Create by Vidello” (the “Software”) is licensed by Vidello Ltd. (the “Company”).

Please review these Terms carefully.  By accessing or using the Software, and/or by clicking “I accept,”  during purchase process you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the Software.

ABOUT THE SOFTWARE

The Software is a video editor program. More information is here: https://vidello.com/create/.

The Company may, but is not required to, provide you with updates and upgrades at no additional charge.

LICENSE FEES

The fee for the Software license depends on which option you pick when you pay for the license.

MONEY-BACK GUARANTY

We offer a 30-day money-back guaranty. Contact us if you wish to do cancel your license. If you do so within thirty days of your downloading the Software, we will refund your license fee. You will then no longer be able to use the Software.

LICENSE GRANT

Subject to these Terms, Company hereby grants to you a fully-paid, non-exclusive, non-transferable, revocable, non-sublicenseable, limited license to install and execute the object code version of the Software on up to three Mac or Windows devices.

LICENSE TERM AND TERMINATION

Company or its successors in interest may terminate this license upon 60 days’ notice to you, for any reason, at its discretion, in which case any fees you paid for the license will be refunded to you.

BILLING

When you pay the license fee, you will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. 

You hereby authorize the Company to bill you in accordance with the terms of the license you select.

USE RESTRICTIONS

Your permission to use the Software is conditioned upon the following restrictions and conditions. 

You agree that you will not:
- access, tamper with, or use non-public areas of Company’s computer systems;
- attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party to protect the Software;
-use the Software, or any portion thereof, other than as permitted by these Terms;
- sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Software available to any third party;
- use the Software for any unlawful purpose or for the promotion of illegal activities;
- use the Software to attempt to, or harass, abuse or harm another person or group;
- interfere or attempt to interfere with the proper functioning of the Software;
- attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Software; or
- encourage or enable any other individual to do any of the foregoing.

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the Software, we have the right to do so for the purpose of operating the Software, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Software, at any time and without notice, including, but not limited to, if we, at our sole discretion, find that you have violated these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Software (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Software (“Feedback”). You may submit Feedback by emailing us at support@vidello.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Software in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up to use the Software; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Software and special offers. You may opt out of such email by changing your account settings, or sending an email to support@vidello.com, or clicking “unsubscribe” on the bottom of an email.

WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SOFTWARE; (C) THE SOFTWARE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SOFTWARE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS 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.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.
These Terms and your use of the Software and Service are governed by the laws of Great Britain without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Software through final and binding arbitration. Any arbitration will be conducted by the London Court of International Arbitration. The arbitration will be held in London, England.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Software you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOUR AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Third-party Usage Rules

Third Party Software; Open Source

The Software may utilize or include third party software and files that are subject to open source or third party license terms and restrictions (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Software is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms, restrictions and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event shall the Software or components thereof not provided to the public under third-party open source licenses be deemed to be “open source” or “publicly available” software.

The Company does not make any warranty whatsoever regarding any Third Party Software, or whether there are sufficient intellectual property rights for You to use any of it in connection with the Software or Your End User Work. Any claims regarding Third Party Software are solely between You and any applicable third party licensor or intellectual property owner, and h Company disclaims all liability for it.

The Software uses, compiles with and/or links to various components that are subject to open source licenses that You and us must comply with. Those include, without limitation, FFmpeg and LAME licensed under the LGPLv2.1 license, webp, libopenh264 and various open source font licenses. The Company does not own and You must not claim to own FFmpeg, Lame, webp, libopenh264 or any of the font or other open source components. FFmpeg source can be downloaded here; the LAME source code can be downloaded here.

Ffmpeg, LAME, webp, libopenh264 and all other open source used, compiled with or linked to the Software is provided without warranty of any type, including any warranty of merchantability or fitness for a particular purpose. The owners of FFmpeg can be found at FFmpeg.org (copyright is in the Ffmpeg developers). The owners of LAME can be found at mp3dev.org . The owners of the fonts and other open source components are identified in the licenses linked above or their respective websites.


Intellectual Property Rights

You acknowledge and agree that the Software and all copyrights, patent rights, trademarks, trade secrets and other intellectual property rights associated therewith are (except for the licensed Audio Files, FFmpeg, Lame, webp, libopenh264, fonts and other Third-Party Software and open source mentioned above or used in the Software), and shall remain, the sole and exclusive property of Company. Furthermore, You acknowledge and agree that the source and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers, as applicable. Except as expressly stated in this License and the applicable open source and other third-party licenses, You are not granted any intellectual property rights in or to the Software by implication, estoppel or other legal theory, and all rights in and to the Software not expressly granted in this License are hereby reserved and retained by Company. The ownership of the Third-Party Software and licensed Audio Files is retained by their respective licensors. Nothing herein limits the rights available to You under applicable open source licenses.

The Company retains all rights and title to its and its product trademarks, names and logos. You are not authorized to use the Company trademarks in any advertising, publicity or in any other manner without the prior written consent of Company, which may be withheld for any or no reason.


Your licence

Additionally, You shall not (directly or indirectly) or permit any third party to: copy, license, sublicense, sell, resell, time-share, distribute, transfer or otherwise use or exploit or make available the Services in any service bureau arrangement or otherwise for the benefit of any third party. You may share log in details of the account with your colleagues and assistants inside the company.
The 2-Clause BSD License
Copyright @2019 Vidello Limited

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The 3-Clause BSD License
Copyright @2019 Vidello Limited

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BILLING
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. 

You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.

You can terminate your account within the first 30 days for a full refund. Contact us if you wish to do so.

If you terminate your account, your videos will be removed from our platform after 6 months or immediately if required (you can delete videos on your own as well).

We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. 

If you properly terminate your paid account, you will not be charged for future months or years. However, you will not receive a refund for an unused portion of a month for which you have already paid.
CONTENT AND RESTRICTIONS
You may provide text, images, videos and/or other material, including third party content (“User Content”) that you share using the Site.  

Your User Content belongs to you (or to the relevant third parties). 

If you wish us to remove your User Content from the Site, please send an email to support@vidello.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)

You are solely responsible for the User Content that you make available via the Site.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that includes nudity, pornography, sexual content, hateful content, or violent content;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.  

The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site.
API LICENSE
We grant you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to our API solely in connection with developing, implementing and distributing your Application that interoperates or integrates with the Site.

More information about our API is at https://api.vidello.com/v1/integrations/doc
USE OF THE SITE, TERMINATION OF ACCOUNT 
You need to be at least 13 years old to use the Site.  

You hereby affirm we have the right to terminate your account with or without prior notice.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following restrictions and conditions.

You agree that you will not:
- use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the Site, without Company’s express written consent;
- access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;
- attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
- use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- use the Site to attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service; 
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; 
- publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or
- encourage or enable any other individual to do any of the foregoing.


MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
INTELLECTUAL PROPERTY
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at support@vidello.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you are a US legal entity and discover that someone else has posted material belonging to you via the Site without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices.  If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at mira@vidello.com:

1) The date of your notification; 
2) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
3) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site; 
4) A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; 
5) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address; 
6) 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 
7)  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. 

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1) Your physical or electronic signature; A description of the content that has been removed and the location at which the content appeared before it was removed; 
2) A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and 
3) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the US state where you live, or where your business is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Site.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings, or sending an email to support@vidello.com, or clicking “unsubscribe” on the bottom of an email.
WARRANTY DISCLAIMER
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.a
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS 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.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MODIFICATION OF TERMS OF USE
The Company can amend these Terms at any time.  It’s your responsibility to check the Site from time to time to view any such changes.  If you continue to use the Site, you show your agreement to our revisions to these Terms.   Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
PRIVACY POLICY
The Company respects the privacy of its users.  Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you show that you agree to this Privacy Policy.
GENERAL TERMS
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms and your use of the Site and Service are governed by the laws of Great Britain without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the London Court of International Arbitration. The arbitration will be held in London, England.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://vidello.com/pricing.

You may contact us at support@vidello.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
YOUR AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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