Terms Of Service & Conditions Of Use
The following describes the Terms of Service Conditions of Use for our Vidcredible.com software.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR SOFTWARE. BY ACCESSING OR USING OUR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR SOFTWARE. ALL USERS ARE ALSO BOUND BY THE BY THE YOUTUBE TERMS OF SERVICE AS VIDCREDIBLE UTILIZES THE YOUTUBE API SERVICES. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR SOFTWARE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR SOFTWARE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR SOFTWARE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR SOFTWARE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR SOFTWARE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this software, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
Our Vidcredible.com software (and other “internal” softwares stemming from it, such as specific membership sites or web pages pertinent to the main software or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our software).
You agree to obey all applicable laws and regulations regarding your use of our Vidcredible.com software and the content and materials provided in it.
Our software is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our software name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
Acceptable Use Policy (AUP)
Terms including 'Vidcredible' ‘Videoseosoftware’ ‘Vidcredible.com’ ‘Videoseosoftware.com’ Video Optimize, Videooptimize.com, Video Optimize, LLC or 'us' or 'we' or 'ours' refers to the owner of this service and software. Term including 'you' or 'your' or 'user' refers to the users of our software to create videos and distribution across the web as described in the sales and marketing materials on our software. This Acceptable Use Policy is also subject to change without notice.
Please note that your account at Vidcredible.com and Videoseosoftware.com will be terminated immediately and without negotiation if you break this AUP agreement:
1) We do not allow image uploads, video linking or any online assets linking or the use of Vidcredible Video seo software pages, resources or assets on softwares that are of the following nature: Pornographic, racist, hate, defamatory/libelous, extreme violence or the promotion of violence/terrorism, self harm, narcotics, controlled substances or other products/services that present a risk to consumer safety, deceptive, misleading, fraudulent or otherwise illegal activities.
The maximum file size for hosting your images or content on our servers is Unlimited though this may change in the future to 1GB, and the maximum bandwidth for Vidcredible usage is Unlimited though may change to 1GB. If you exceed these limits, you will be charged accordingly based on how much resources you have used. Our current overage charge at time of publication is = to the charges we receive for bandwidth on Amazon Servers over the set file size and bandwidth limit, for now it is unlimited though if we see certain users taking advantage or gaming the system will step in and notify you.
If your account is cancelled, terminated or refunded you will not be able to retrieve your Video Files and/or data/files that were previously created and stored using our services. You are not permitted to use any part of our software/service for the purpose of monitoring its features, performance, and functionalities.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our software..
The entire contents of our software are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our software, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Vidcredible.com software or via email or by way of protected content in our back office.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR SOFTWARE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.
You are granted a nonexclusive, nontransferable, revocable license to use our software only for private, personal, noncommercial reasons with the exception of our White Label Partners. You may print and download portions of material from the different areas of the SOFTWARE solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our software that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our software in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our Vidcredible.com software prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our software is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our software.
Publications, products, content or services referenced herein or on our software are the exclusive trademarks or servicemarks of our Vidcredible.com software or related parties. Other product and company names mentioned in our SOFTWARE may be the trademarks of their respective owners.
Your Duty To Other Users
Your use of oursoftware is for your own personal, non-commercial benefit. In no way are you to leverage our software in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Access to certain areas of our Vidcredible.com software is restricted. We reserve the right to restrict access to other areas of our software, or indeed our whole software, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our software or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Vidcredible.com software or any other contractual obligation you owe to us.
You understand that, except for information, products or services clearly identified as being supplied by our software, our software does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our software as such, all information, products and services offered through our software or on the Internet generally are offered by third parties that are not affiliated with our software, and we may be compensated.
You also understand that our Vidcredible.com software cannot and does not guarantee or warrant that files available for downloading through our software will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our software for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SOFTWARE AND THE INTERNET. OUR SOFTWARE PROVIDES OUR SOFTWARE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR SOFTWARE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR SOFTWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR SOFTWARE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our Vidcredible.com software makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our software or the content on it. Use of our software and the content is at your own risk. Changes are periodically made to our software, and may be made at any time.
OUR SOFTWARE DOES NOT WARRANT THAT OUR SOFTWARE WILL OPERATE ERROR-FREE OR THAT OUR SOFTWARE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR SOFTWARE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR SOFTWARE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR SOFTWARE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR SOFTWARE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR SOFTWARE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR SOFTWARE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR SOFTWARE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other softwares.
Our software contains links to third party softwares. Our Vidcredible.com software makes no representations whatsoever about any other software which you may access through this one or which may link to this software. When you access a software from our software, please understand that it is independent from our software, and that our software has no control over the content on that software. These links are provided solely as a convenience to you and not as an endorsement by our software of the contents on such third-party software. Our software is not responsible for the content of linked third-party software and does not make any representations regarding the content or accuracy of material on such third party software. If you decide to access linked third-party software, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
As a user of our Vidcredible.com software, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our software or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our software does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our software or endorse any opinions expressed by users of our software. You acknowledge that any reliance on material posted by other users of our software will be at your own risk.
Our Vidcredible.com software does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our software. If observed by our software and/or notified by a user of communications which allegedly do not conform to this agreement, our software may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our software has no liability or responsibility to users of our software for performance or nonperformance of such activities. Our software reserves the right to expel users of our software and prevent their further access to our software for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social media softwares and applications for social media on any other software, including this one. You are cautioned against carelessly disclosing information.
You agree to indemnify, defend and hold harmless our Vidcredible.com software, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our software from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our software or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our software.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service) and 3 (Indemnification) are for the benefit of our software and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by Vidcredible.com without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Hiring a Marketer, Attorney, or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, or marketing advisor is a serious matter and should NOT be based solely on data contained on our software or in advertisements.
The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.
You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
This Agreement shall treated as though executed, set in force, and performed in the State of California. Accordingly, it shall be governed and construed in accordance with the laws of California in terms of those applicable to agreements, without regard to conflict of law principles.
Any cause of action by you with respect to our Vidcredible.com software must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our software, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in California. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Our software may assign its rights and duties under this Agreement to any party at any time without notice to you.
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our software is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Vidcredible.com.
The following describes the DMCA Compliance for Vidcredible.com and all Videoseosoftware.com We at Vidcredible are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.
Remedy If any material infringes on the copyright of any offended party, we may remove the content from Vidcredible.com and associated websites, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.
Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as software owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.
For your convenience and to speed resolution, notice of alleged infringement may be tendered to Vidcredible via email, using the email address and/or contact information provided on this software and or support areas. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised.
Assuming you still wish to assert copyright violation, you should provide the following to expedite the process:
STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
STEP 7. Digitally sign your affirmation.
Note that the party representing the affected software or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case.
For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this software. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated
Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:
STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
STEP 4. Digitally sign the affirmation.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Vidcredible.com, in order to protect you and our vidcredible software. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information at our supportdesk. https://vidcredible.freshdesk.com/support/home
Copyright 2016 and Beyond. All Rights Reserved-Vidcredible.
19557 Green Mountain Drive Newhall California 91321
No part of this software may be reproduced or transmitted in any form or by any means without written permission from Vidcredible.com