Terms of Service

These terms and conditions govern your use of products and services ("the Service") provided by VideoMarkr LLC ("VideoMarkr"), including the VideoMarkr.com website, browser plug-ins, mobile applications and associated products and services; by using the Service, you are agreeing to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, please do not use the Service.

VideoMarkr uses cookies. By using the Service and agreeing to these terms and conditions, you consent to VideoMarkr's use of cookies in accordance with the terms of the VideoMarkr Privacy Policy.

License to use the Service

Unless otherwise stated, VideoMarkr and/or its licensors own the intellectual property rights of the Service. Subject to the license below, all these intellectual property rights are reserved and use of the Service does not give you ownership of any intellectual property rights.

You may not:

  • republish or redistribute material from the Service (excluding the 'sharing' function of the Service);
  • sell, rent or sub-license material from the Service;
  • show any material from the Service in public;
  • reproduce, duplicate, copy or otherwise exploit material from the Service for a commercial purpose;
  • edit or otherwise modify any material of the Service;

Part of the Service causes content that is not VideoMarkr's to be displayed, such as video and audio streams from online video providers. This content is the sole responsibility of the entity that makes it available. While we may review and refuse to display content that we believe violates our policies or the law, we are under no obligation to do so.

Acceptable use

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You may not use the Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without VideoMarkr's express written consent.

You must not use the Service to transmit or send unsolicited commercial communications.

Any violation of these terms and conditions may result in immediate termination of your access to the Services, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Restricted access

You may need a VideoMarkr account to use some features of the Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. VideoMarkr may disable your user ID and password in VideoMarkr's sole discretion without notice or explanation.

Access to certain areas of the Service is restricted. VideoMarkr reserves the right to restrict access to other parts of the Service, or indeed the entire Service, at VideoMarkr's discretion.

User content

The Service allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send, or receive content through the Service you grant to VideoMarkr a worldwide, irrevocable, non-exclusive, royalty-free license to use, host, reproduce, adapt, publish, publically display, publicly perform, translate, create derivative works and distribute your user content in any existing or future media. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service, and to develop new ones. You also grant to VideoMarkr the right to sub-license these rights, and the right to bring an action for infringement of these rights.

The content you upload, submit, store, send, or receive must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or VideoMarkr or a third party (in each case under any applicable law). You may not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

VideoMarkr reserves the right to edit or remove any material submitted to this Service, or stored on VideoMarkr's servers, or hosted or published upon in the Service.

Notwithstanding VideoMarkr's rights under these terms and conditions in relation to user content, VideoMarkr does not undertake to monitor the submission of such content to, or the publication of such content to the Service.

Warranty

THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND YOU USE THE SERVICE AT YOUR OWN RISK. VIDEOMARKR MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE SERVICE OR THE INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICE. VIDEOMARKR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL VIDEOMARKR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VIDEOMARKR BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.

Without prejudice to the generality of the foregoing paragraph, VideoMarkr does not warrant that the Service will be constantly available, or available at all; or that the information in the Service is complete, true, accurate or non-misleading.

Nothing in the Service constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against VideoMarkr and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. These limitations of liability apply even if VideoMarkr has been expressly advised of the potential loss.

Reasonableness

By using the Service, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify VideoMarkr and undertake to keep VideoMarkr indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VideoMarkr to a third party in settlement of a claim or dispute on the advice of VideoMarkr's legal advisers) incurred or suffered by VideoMarkr arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Other parties

You accept that, as a limited liability company, VideoMarkr has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VideoMarkr's officers or employees in respect of any losses you suffer in connection with the Service.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VideoMarkr's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VideoMarkr.

Business uses of the Services

If you are using the service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify VideoMarkr and its affiliates, officers agents and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms and conditions, including liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorney's fees.

Breaches of these terms and conditions

Without prejudice to VideoMarkr's other rights under these terms and conditions, if you breach these terms and conditions in any way, VideoMarkr may take such action as VideoMarkr deems appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your internet service provider to request that they block your access to the Service and/or bringing court proceedings against you.

Modification

VideoMarkr may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Service from the date of the publication of the revised terms and conditions through the Service. Please check this page regularly to ensure you are familiar with the current version.

Assignment

VideoMarkr may transfer, sub-contract or otherwise deal with VideoMarkr's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Unenforceable provisions

If any provision of this Service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Service disclaimer.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the VideoMarkr Privacy Policy constitute the entire agreement between you and VideoMarkr in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware.

Contact

If you have any questions or concerns about your use of VideoMarkr you can contact us at help@VideoMarkr.com.

Credit

This document partly based on a Contractology template available at http://www.freenetlaw.com.

Updated March 1, 2017

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