Terms of service

Terms of Service

Last Update: September 08, 2021

 

This web page represents a legal document that serves as the Terms of Service and it governs the use of our website, http://www.VIDITURE.com, sub-domains, associated web-based and mobile applications, or other offerings (collectively, “Website”), as owned and operated by VIDITURE, INC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between End User and VIDITURE, INC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.

We may amend our Legal Terms at any time without specific notice to the End User. The latest copies of our Legal Terms will be posted on our Website, and the End User should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, the End User agrees to be bound to any such changes. It is important for the End User to periodically review our Legal Terms to ensure that acceptance remains informed.

By accessing this website, the End User is agreeing to be bound by these website Terms and Conditions. End-User is responsible for compliance with applicable laws and regulations. This service does not establish an attorney-client relationship. VIDITURE is not responsible or liable for actions taken by the Subscriber. arising from having read this information or using our services. End Users are solely responsible for any civil and/or criminal liabilities.

The recipient of the service is advised to contact an attorney (or attorneys) for a formal consultation before executing. End-User are prohibited from using or accessing this site without agreeing to these terms of service.

The previous update to our Terms of Use was posted on December 9, 2013.



  1. DEFINITIONS



The terms “us” or “we” or “our” refer to VIDITURE INC, the owner of the Website.

A “Visitor” is someone who merely browses our Website but has not registered as a Subscriber.

An “End User” or “Subscriber” is an individual that has registered with us to use our Service.

Our “Service” represents the collective product/service functionality and features as offered through our Website to our Subscribers.

A “User” is a collective identifier that refers to either a Visitor or an End User/Subscriber.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.



  1. INTRODUCTION



General Terms

Our Legal Terms shall be treated as though it were executed and performed in the State of California (United States) and shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles. In addition, the End User agrees to submit to the personal jurisdiction and venue of such courts. Any cause of action by the End User with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of VIDITURE, INC under our Legal Terms shall survive the termination of our Legal Terms.

  1. Age

To use VIDITURE’s products and services users must be either 18 years or older, have achieved the legal age of majority in the jurisdiction in which they reside, or be 16 or older and have parent/guardian consent

  1. Legal Right

By using the VIDITURE products and services users represent and warrant that they have the legal right to do so



  1. Dispute Resolution

Using the VIDITURE products and services requires end users to agree to the dispute resolution method and process stated in this agreement



  1. Contact Information

If the End User has questions, contact [email protected]



  1. LICENSE



  1. End-User Authorization and Acceptable Use Policy (AUP)

Permission is granted to temporarily download one copy of the materials (information or software) on VIDITURE, INC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this, license End User may not:

  1. modify or copy the materials;



  1. submit fraudulent information or invalid ID;



  1. misrepresent or forge documents and/or identity;



  1. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  2. attempt to decompile or reverse engineer any software contained on VIDITURE, INC’s website;
  3. remove any copyright, violate any applicable intellectual property right, or other proprietary notations from the materials;
  4. transfer the materials to another person or “mirror” the materials on any other server;
  5. engage in behavior deemed to be illegal, harmful, and/or offensive;
  6. compromise security;
  7. abuse the service offerings, including but not limited to, email, messaging, and network; or
  8. engage in reporting violations.

This license shall automatically terminate if the End User violates any of these restrictions and may be terminated by VIDITURE, INC at any time. Upon terminating End User viewing of these materials or upon the termination of this license, End User must destroy any downloaded materials in End User possession whether in electronic or printed format.



  1. Restrictions



In addition to the conditions listed above, a listing of offered products on the Website could be used only for lawful purposes by Users of the Website. End-User shall not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, insert, or type) of VIDITURE, INC without express composed consent.



End-User may not use any meta tags or any various other “unseen text” utilizing VIDITURE, INC’s name or trademarks without the express written consent of VIDITURE, INC. End-User agrees not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of VIDITURE, INC, in another way that is likely to trigger confusion among consumers, that disparages or challenges VIDITURE, INC or its licensors, that dilutes the strength of VIDITURE, INC’s or its licensor’s residential property, or that otherwise infringes VIDITURE, INC’s or its licensor’s copyright rights.



End-User shall not abuse the Material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that VIDITURE, INC develops to generate or show any Material of the pages making up the Site is likewise secured by VIDITURE, INC’s copyright and End User may not copy or adjust such code.



VIDITURE, INC has no duty to keep track of any products published, transferred, or connected to or with the Site. If the End User believes that something on the Website breaches these Terms, please contact VIDITURE at: [email protected]



If alerted by a User of any products which allegedly do not conform to these Terms, VIDITURE, INC. may explore the allegation and take any action it deems appropriate – in compliance with the agreement and applicable law. The action may include the removal of the content. VIDITURE’s duties are defined by the scope of this agreement only. There are no other duties for efficiency or nonperformance.



  1. Additional / Optional Features



Should VIDITURE introduce additional/optional features, they are incorporated into this Agreement by reference. End users should contact VIDITURE if any confusion or perceived conflict arises between features and this agreement









  1. END-USER ACCOUNT MANAGEMENT DUTY (USE OF VIDITURE SOFTWARE, SERVICES, WEB PRESENCE, OTHER)



To access the VIDITURE products and services end users must create an account. End users have the duty of protecting any personally identifiable information, including but not limited to first and last names, credentials, or various other details of a personal nature (“Personal Data”) gotten from the Site. End-User disclosure of any Personal Data got from the Website might result in the immediate termination of the End User account. VIDITURE, INC additional reserves the right to refuse service, terminate accounts and remove or edit Content at its sole discernment.

VIDITURE, INC does not guarantee the truthfulness or representation, precision, or dependability of Content on the site, consisting of Personal Data. Each end-user is accountable for updating and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.



  1. VIDITURE OBLIGATIONS

VIDITURE works to provide optimal availability of its products and services. Availability may be limited or suspended for maintenance and/or to address attacks or other threats. VIDITURE operates in compliance with applicable law and standards for product and service delivery. If there is question(s), please contact [email protected]





  1. VIDITURE SITE CONTENT



  1. General

End users are solely responsible for any content entered – via the end-user account – into VIDITURE web presences, products, or services. VIDITURE retains the right to remove content that does not comply with the Authorized Use Policy.



  1. Links to Other Websites

Our Website may contain links to third-party websites. These links are provided solely as a convenience to the End User. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. VIDITURE, INC has no control over the legal documents and privacy practices of third-party websites; as such, the End User accepts any risks when accessing any such third-party websites.



  1. End-User – Electronic Communication



End-User is connecting with VIDITURE electronically when accessing the Site or sending emails to us. End-User consents to get interactions online. VIDITURE may connect with the End User by email or by uploading notifications on the Site. End-User concurs that contacts, notifications, disclosure, and various other communications that VIDITURE provides to End User digitally are acceptable to meet legal requirements for written communications (consistent with applicable electronic signature law).





  1. Compliance and Preservation

VIDITURE may retain or preserve certain information about end-user accounts, where indicated by law, regulation, policy, or standards applicable to compliance





  1. OWNERSHIP



  1. Limited License

VIDITURE owns all rights, titles, and interest in its products, services, and their delivery to end-users. End-users receive the limited license stated in this agreement (only)



  1. Usage Information

VIDITURE owns all data regarding installation, registration, and use of its products, services, and their delivery to end-users. End users own the data entered for their account, subject to the compliance exceptions stated herein



  1. Intellectual Property and Marks (Service, Trade, etc.)



VIDITURE retains all rights, title and interest in the intellectual property associated with its products, services and their delivery – unless stated otherwise. This includes trademarks, services marks logos, name, branding and any other application.



VIDITURE’s Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. End-user use of our Website does not constitute any right or license for End User to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.



VIDITURE Website is also protected under the Copyright Laws in many jurisdictions. End users are prohibited from copying, redistribution, use or publication. End-User use of our Website does not grant End User ownership rights of any kind in our Website.





  1. Feedback

VIDITURE welcomes feedback and ideas that it may, at its discretion, consider for use in enhancing its offerings and service. Please contact VIDITURE at: [email protected]





  1. THIRD-PARTY MATERIALS

At its discretion, VIDITURE may elect to offer certain content, products and services from third parties. If the end-user elects to use those offerings the end-user is responsible for complying with the terms and conditions. End-user understands that the third party is responsible for those offerings and for the performance of those offerings (not VIDITURE).





  1. FEES

End-user is solely responsible for the full and timely payment of all fees associated with the use of VIDITURE offerings.





  1. CONFIDENTIAL INFORMATION

Both end-user and VIDITURE agree that any confidential information will be kept confidential and returned to the disclosing party, should such information be exchanged – either accidentally or intentionally. Confidential information shall be defined as non-public or proprietary information in any form disclosed by or on behalf of either party that is either marked “confidential” or that a reasonable party would deem to be confidential by the circumstances under which it is disclosed



  1. DISCLAIMER



The materials and products and services offered via the VIDITURE, INC’s web presence(s) are provided “as is”.



  1. Warranty

VIDITURE, INC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, VIDITURE, INC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

The website and all details, content, materials, products (including software application) and services consisted of on or otherwise made available to End User through this site are provided by VIDITURE on an “as is” and “as available” basis, unless otherwise specified in writing. Additionally, VIDITURE makes no representations or warranties of any kind, express or implied, about the operation of this site or the info, material, materials, products (including software) or services consisted of on or otherwise made available to the End User through this site, unless otherwise pointed out in writing. End-User expressly agrees that the use of this website is taken with the risks described.

To the extent permissible by applicable laws, VIDITURE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and physical fitness for a particular purpose. VIDITURE does not warrant that this website; details, content, materials, products (including software application) or services consisted of on or otherwise made available to End User through the site; its servers; or email sent from VIDITURE are without viruses or other harmful elements. VIDITURE will not be liable for any damages of any kind arising from the use of the site or from any details, content, materials, products (including software application) or services consisted of on or otherwise made available to the End User with this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing.



  1. Revisions and Errors

The materials appearing on the VIDITURE website could include technical, typographical, or photographic errors. VIDITURE does not warrant that any of the materials on its website are accurate, complete, or current. VIDITURE may make changes to the materials contained on its website at any time without notice. VIDITURE does not, however, make any commitment to update the materials.



  1. Limitation of Liability

Except where required by applicable law, VIDITURE’s maximum liability shall be the refund of the cost of the offering purchased by end-user



  1. Indemnification



End-User will defend, indemnify, and hold safe VIDITURE, INC, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content, (ii) End User use of any Content, or (iii) End User breach of the terms of these Terms. VIDITURE will provide notice to the End User promptly of any such claim, match, or case.





  1. DISPUTE RESOLUTION



  1. Governing Law



Any claim relating to VIDITURE, INC’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions, and End User consent to exclusive jurisdiction and venue in such courts. Where appropriate, other laws and regulations essential to the performance of this transaction shall be applicable.





  1. Arbitration

Any dispute that may not be brought in small claims court will be resolved through binding and confidential arbitration, at a place mutually convenient in the State of California. The arbitrator shall be a commercial arbitrator from the American Arbitration Association with experience in resolving commercial contract disputes – governed by the Commercial Arbitration Rules. If the parties cannot agree on a mutually convenient place, then the arbitrator shall select the place.

End-user understands that this arbitration clause means that the parties are agreeing to either go to small claims court or to arbitrate. Both parties are foregoing the option of going to a court and to having a trial before a judge and/or jury. This clause applies to the fullest extent allowed by applicable law.

  1. Enforceability

If this dispute resolution clause is found to be unenforceable, either in part or in full, by a court of competent jurisdiction then parties agree that all legal proceedings will occur in the State of California.





  1. MISCELLANEOUS



  1. Assignment

End-users may not assign this agreement without VIDITURE’s written consent. VIDITURE may assign the agreement where allowed by law



  1. Export Regulation

End users represent that they are not named on any U.S. government denied party list, and that they will not permit access to VIDITURE products, services or delivery – should it be determined that Export Regulations apply



  1. United States Government Restrictions

VIDITURE products, services, content and delivery are offered in full compliance with applicable Governing law and regulations.

End-User agrees to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding End User use of the Website. VIDITURE, INC reserves the right to investigate complaints or reported violations of Legal Terms and to take any action deemed appropriate, including but not limited to canceling End User Subscriber account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to End User profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under the Privacy Policy.





  1. Severability

The terms and conditions of this agreement are severable. Should any provision(s) be found unenforceable, the parties agree that all other terms and conditions survive and remain enforceable in full.



  1. Waiver

The waiver of a breach of any term does not bind a party to continue the waiver. Also, the waiver of any term will not be construed as a waiver of any other term or breach



  1. Entire Agreement

Taken together this constitutes the entire agreement between the parties, superseding any other





  1. AGREEMENT (after reading this legally binding document, to continue to use VIDITURE’s offerings please click “Agreement”)