Policies

Videolicious Terms of Service

By using the Videolicious service through Videolicious.com, Playvideo.co and the Videolicious applications ("Service"), a service of The Talk Market, Inc. ("Videolicious"), you are agreeing to be bound by and comply with the following terms and conditions ("Terms of Service") as well as the Videolicious Privacy Policy found at http://videolicious.com/privacy-policy

Your Account:

  • Your account may only be used by one person and you agree that you will not share your account.
  • You agree to enter your legal full name, a valid email address, and any other information requested in order to complete the account sign up process. You are responsible for maintaining the security of your username and password and Videolicious will not be liable for any loss if you do not keep your login information secure.
  • The Personal accounts are for personal use only and may not be used for commercial purposes. The Business and Business Plus accounts are for small business use only and may not be used by companies, organizations or entities with more than five employees.
  • You agree not use the Service for any illegal or unauthorized purpose. You agree not use the Service to compete with Videolicious (as determined solely by Videolicious). By using the Service you agree to the Videolicious Privacy Policy found at http://videolicious.com/privacy-policy.

Plans and Fees:

  • Except with respect to US federal and state taxes, all Service fees do not include taxes and you shall be responsible for paying applicable duties or taxes as applicable to your local jurisdiction.
  • Video storage will not exceed your plan’s video storage limit, and each account includes up to 10,000 video plays per month when videos are played on the Videolicious hosted platform. If you exceed your video play limit Videolicious reserves the right to suspend video playback. Shots or Supporting Shots selected in Step 1 of Videolicious, and Sound Bites recorded or imported in Step 2 of Videolicious are subject to separate quantity limits based on your plan.
  • Technical support is available only to account holders in good standing and is provided via the Contact Support page of the Videolicious website.
  • If you choose to upgrade or downgrade your plan, a prorated credit will be applied for the current plan’s unused term against a new Business or Business Plus plan. A charge for the full amount of the new plan will be applied, offset by any credits. Service fees are billed in advance based on the term selected (annual or monthly) and are non refundable.
  • Downgrading your plan may cause the loss of User Content (defined below), loss of features, or the loss of video storage of your account, and Videolicious has no liability for any such losses.
  • Service prices are subject to change upon 30 days notice from Videolicious. Such notice may be provided at any time by posting the updated pricing to the Videolicious website pricing page at http://videolicious.com/pricing
  • You can close your account at any time right from your My Account page. If you close your account and have a Business or Business Plus subscription, you won't be billed again. Refunds cannot be issued for payments already made. All of your User Content and data will be immediately deleted from the Service and cannot be recovered once your account is closed.
  • Videolicious reserves the right to change, suspend, remove, or disable access to the Service or parts of the Service at any time without notice. In no event shall Videolicious be liable for the removal of or disabling of access to the Service. Videolicious may also impose limits on the use of or access to the Service without notice or liability. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, User Content, and data. Videolicious reserves the right to refuse to provide the Service to anyone for any reason at any time. Videolicious will make commercially reasonable efforts to notify you via your account email address in advance of a termination of Service.

Your Content:

  • You agree that you, and not Videolicious, are responsible for the contents of the audiovisuals and other elements created by and with the Service (“User Content”), or posted under your account. You must own or have all necessary rights, licenses, consents, releases and permissions necessary to create and distribute User Content using the Service, and you agree to indemnify Videolicious for any claims and damages arising out of your failure to have any such necessary authorizations.
  • You agree that you will not create or distribute any User Content that is unlawful, defamatory, libelous, slanderous, obscene, violates another’s right to privacy or publicity, or infringes on any patent, trademark, copyright, or other property right. While Videolicious prohibits such kinds of User Content being created and distributed using the Service, you understand and agree that Videolicious is not and will not be responsible for your User Content or the User Content of third parties posted on or distributed using the Service and you may be exposed to such materials.
  • We claim no intellectual property rights in or to the User Content you provide using the Service. In order to facilitate the storage, distribution and sharing of the User Content, you grant to Videolicious a non-exclusive, unrestricted, irrevocable, fully paid and royalty-free, universal, perpetual license to use, modify, adapt, delete from, add to, publicly perform, publicly display, copy, reproduce and translate such User Content, including without limitation distributing in any media formats through any media channels now known or hereafter devised.
  • Videolicious does not have the obligation to and does not pre-screen any User Content. However, Videolicious reserves the right at all time to disclose any information as necessary to satisfy any law, regulation or governmental request. Videolicious has the right in its sole discretion to refuse or remove any Content that is available via the Service. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification to Designated Agent at support [at] videolicious [dot] com pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), and include
  • A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf

General Terms:

  • THE SERVICE IS PROVIDED EXCLUSIVE ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIDEOLICIOUS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, VIDEOLICIOUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ERRORS IN THE SERVICE WILL BE CORRECTED. VIDEOLICIOUS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUS THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR USE OF THE SERVICE.
  • You agree not to appropriate, copy, or reverse engineer any portion of the Service or its elements, designs or methodology, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or access to the Service without the express written permission of Videolicious.
  • You must not transmit any worms or viruses or any code of a destructive nature, and you agree not to modify, adapt or hack the Service or falsely imply that another website or service is associated with Videolicious. You agree not to access the Videolicious API other than through the Service.
  • IN NO EVENT WILL VIDEOLICIOUS BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF OR DAMAGE TO SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
  • Your use of the Service does not grant to you any ownership interest in the Service, any copyrights, trademarks, trade names, service marks, logos, patents, or other intellectual and proprietary rights of Videolicous.
  • In using the Service, you may utilize links to third party websites (“Linked Sites”). Videolicious shall have no responsibility for the information, content, products, services, advertising, terms of use, privacy policy, practices, code or other materials which may or may not be provided by or through Linked Sites. Videolicious disclaims any liability for any Linked Sites. Videolicious shall not be liable for any disruption, failure or malfunction of the Internet or other service providers or for any force majeure.
  • Videolicious may assign its rights and obligations under the Terms of Service to a corporation or other entity of which a majority interest is owned, or which is controlled, by Videolicious, or succeeds to a substantial part of the assets or interests of Videolicious, or pursuant to a merger or consolidation with Videolicious.
  • The Terms of Service shall be governed by the laws of the State of New York. The Terms of Service, along with the Privacy Policy which is hereby incorporated by reference, constitute the complete and entire agreement between you and Videolicious with respect to your use of the Service, and supersede and replace any and all prior agreements between you and Videolicious (including, but not limited to, any prior versions of the Terms of Service). The failure of Videolicious to enforce any right or provision of the Terms of Service shall not constitute a waiver to subsequently enforce such right or provision.
  • Videolicious reserves the right to update and change the Terms of Service without notice, from time to time. Your continued use of the Service after any such changes shall constitute your consent to and agreement to by bound by such changes. Any new features added to the Service will also be subject to the Terms of Service. Violation of any of the terms herein may, at the sole discretion of Videolicious, result in the termination of your Account. The Terms of Service are available for your review at any time at http://videolicious.com/terms-of-service For any questions regarding the Terms of Service, please contact Videolicious on our Contact Support page.

Dated: January 1, 2013