1. ACCEPTANCE OF TERMS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, reproduction, displaying, selling, leasing, transmitting, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You may not create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it without express written permission from us. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
You may not use the information or content provided on the Site for any commercial use or make any use of the Site for the benefit of another business unless we provide your with explicit written permission in advance of such use. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
3. User Content
You retain full ownership to your User Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your User Content or intellectual property except for the limited rights that are needed to provide the Services, as explained below.
By agreeing to the terms of service you provide permission to create, host, share, distribute and display your User Content. Additionally, you grant usage of the content in CreativeVideoConcept.com’ sole discretion, in whole or in part in order to promote CreativeVideoConcept.com. By uploading User Content to the Services, you grant CreativeVideoConcept.com this license solely as is necessary to provide the Services, including sharing your User Content with third party service providers. If you are using the Services on behalf of an organization (for example a school), CreativeVideoConcept.com may include the organization’s name in a list of organizations using CreativeVideoConcept.com on the CreativeVideoConcept.com website.
You are solely responsible for your conduct, the content of your media files and video projects, and your communications with others while using the Services. We reserve the right, but have no obligation, to review your User Content at any time to ensure it does not contain any Prohibited Content. For the purpose of these Terms, “Prohibited Content” includes any content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that is sexual or violent in nature; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (h) is not in compliance with copyright and trademark laws; (i) is not owned or licensed for such use; We are not responsible for the accuracy, completeness, appropriateness, or legality of media files, CreativeVideoConcept.com Videos, user posts, or any other information you may be able to access using the Services.
4. CONFIDENTIAL INFORMATION
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from CreativeVideoConcept.com during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
5. DISCLAIMER OF WARRANTIES
THIS SITE AND THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED AND THROUGH IT AND THE SERVICES PROVIDED ON IT ARE PROVIDED BY CREATIVEVIDEOCONCEPT.COM ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS AND WE MAKE NO WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. MILLS VIDEO PRODUCTIONS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
PLEASE NOTE THAT THIS SITE MAY CONTAIN INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE ARE EXPRESSLY DISCLAIMED.
6. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement 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 information necessary or appropriate to such persons or entities relating to your profile, e-mail address, usage history, posted materials, IP address and traffic information. You are solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to your whether or not such access is authorized by you, including but not limited to all communications, transmissions, and obligations including financial obligations incurred through such use. You are responsible for the protection and privacy of your identification and password. You must immediately notify us of any unauthorized use of your password or identification.
7. LIMITATION OF LIABILITY
(A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(B) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR THE PRODUCTS RECEIVED, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR ANY AFFILIATED PARTY.
You agree to indemnify, defend, and hold harmless CreativeVideoConcept.com, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. CreativeVideoConcept.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CreativeVideoConcept.com and you agree to cooperate with CreativeVideoConcept.com’s defense of these claims. You agree not to settle any matter without the prior written consent of CreativeVideoConcept.com. CreativeVideoConcept.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
A credit card or PayPal account is not required for producing a preview video. A valid credit card or a PayPal account is required for producing the final video. When making a deposit into your account, your credit card will be charged.
Fees charge by us may be exclusive of some or all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. While all purchases are processed in US dollars, we may provide an estimated conversion price to currencies other than US dollars and that these prices may have small differences in comparison with the actual price you will pay.
10. CANCELLATION AND TERMINATION
You will remain liable for all charges accrued on your Account up to the time that you cancelled, including full monthly fees for the month in which you cancelled your Account. CreativeVideoConcept.com is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or after your account has been cancelled. CreativeVideoConcept.com may keep your Account and your Content indefinitely following cancellation or after your account has been downgraded to the ‘Free’ subscription level.
CreativeVideoConcept.com reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Maxit Media reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
If there is any dispute between you and CreativeVideoConcept.com about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with law, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that CreativeVideoConcept.com may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.You agree that if CreativeVideoConcept.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which CreativeVideoConcept.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of CreativeVideoConcept.com ‘s rights and that those rights or remedies will still be available to CreativeVideoConcept.com .
12. TERMINATION OF AGREEMENTS
We may, without prior notice to you, immediately terminate the Agreement and/or revoke all your rights granted under this Agreement. Upon termination, you shall immediately cease use and access of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke your passwords and account identification and deny access to the Site, in whole or part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination.