Terms and Conditions
The following terms and conditions govern all use of the VideoCreek.com website and all content, services and products available through the website, including, but not limited to, the user area (collectively referred to as the Site).
The Site is owned and operated by VideoCreek.com. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by VideoCreek.com (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by VideoCreek.com, acceptance is expressly limited to these terms.
Our Site provides video intros that users can customize to their liking and order. You understand and agree that the Site may include advertisements on the converted urls, which is a requirement of the site to operate. You also understand and agree that the service may include communications from our Site, such as website announcements, rate change notifications and other notices. You may opt out of these announcements by unchecking the notifications checkbox in your account management page. Unless explicitly stated otherwise, any new features made to the Site shall be subject to these terms of service.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VideoCreek.com of any unauthorized uses of your account or any other breaches of security. VideoCreek.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
By submitting Content to VideoCreek.com for inclusion on our Site, you grant VideoCreek.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, VideoCreek.com has the right (though not the obligation) to, in VideoCreek.com discretion (i) refuse or remove any content that, in VideoCreek.com reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in VideoCreek.com sole discretion. VideoCreek.com will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Transactions and Refunds
The Site offers customizable video intros digitally. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be addressed to VideoCreek.com via the use of our help desk. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed an automatic fraud review, your ordered video intro will begin rendering and you will receive an email that contains the download link for your video intro. Refunds are NOT granted at anytime. If VideoCreek.com feels that the video intro you ordered did not come out correctly, VideoCreek.com will provide a 100% off discount coupon. VideoCreek.com reserves the right to refuse any coupon distribution.
Responsibility of Website Visitors
By operating the Site, VideoCreek.com does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. VideoCreek.com disclaims any responsibility for any harm resulting from the use by visitors of the Site.
This Agreement does not transfer from VideoCreek.com to you any VideoCreek.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VideoCreek.com. VideoCreek.com logo, and all other trademarks, service marks, graphics and logos used in connection with VideoCreek.com, or the Site are trademarks or registered trademarks of VideoCreek.com or VideoCreek.com licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any VideoCreek.com or third-party trademarks.
VideoCreek.com may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Limitation of Liability
In no event will VideoCreek.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VideoCreek.com under this agreement. VideoCreek.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. VideoCreek.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
General Representation and Warranty
You agree to indemnify and hold harmless VideoCreek.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between VideoCreek.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VideoCreek.com, or by the posting by VideoCreek.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Texas, United States, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Texas, United States. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; VideoCreek.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
VideoCreek.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. VideoCreek.com may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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