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1. Acceptance of Terms.
Videoaza Inc. provides its monthly and yearly recurring Service (as defined
below) to you subject to this Terms of Service agreement ("TOS"). Videoaza may
update this TOS from time to time. By continuing to use the Service, you signify
your binding acceptance of the TOS, as published on the Videoaza website
("Site") and you represent that you are of legal age to form a binding contract.
2. Description of Service.
The "Service" includes (a) the Site, (b) the services provided by the Site and
by the Videoaza software made available through the Site, and (c) all data,
text, images, sounds, video, content and software made available through the
Site or services. Any new features added to or augmenting the Service are also
subject to this TOS.
3. Permission to Use the Service
You may access the Service for personal use only, provided that you are in
compliance with all provisions of this TOS. By using or accessing this Service
you agree to comply with the copyright, trademark, service mark, and all other
applicable laws that protect the Service. You agree not to copy, distribute,
transmit, publicly display, publicly perform, modify, rent, sell, or create
derivative works of any portion of the Service without the permission of the
copyright holder of that material. You are welcome to link to the Site from your
website, provided that your website does not imply any endorsement by or
association with Videoaza. You acknowledge that Videoaza may, in its sole
discretion and at any time, discontinue providing any part of the Service
without notice.
4. Reasonable Use
Videoaza may cancel or restrict usage of accounts in order to maintain quality
of service levels for all of its customers. If Videoaza, in its sole discretion,
determines that usage of an account (either in form, or in volume) exceeds what
it deems reasonable, Videoaza may cancel, suspend, or decline to renew service
for that account without notice. Videoaza accounts are for individual use only.
Obtaining multiple free accounts for the same individual is prohibited and
Videoaza may cancel ALL accounts of an individual if, in its sole discretion, it
perceives that such activity is occurring.
5. User Conduct.
Through your use of the Service, you agree that you will not violate any
applicable laws, the rights of others, or the operational and security
mechanisms of the Service. Examples of such prohibited behaviour include, but
are not limited to:
* Using the Service to promote, conduct, or contribute to fraudulent, obscene,
or illegal activities, including deceptive impersonation or activities involving
the exploitation of children.
* Using the Service to violate anyone's privacy rights (e.g. distributing
unwanted commercial solicitations), to infringe on intellectual property rights
(including copyrights and trademark rights), to harass or defame others, or to
promote hatred towards any group of people.
* Disrupting, circumventing, or interfering with any part of the Service;
forging or modifying any data processed or distributed by the Service; or using
an automated process to cause greater demand on the Service than a single person
could produce.
* Altering, modifying, deleting, or otherwise interfering with or in any manner
compromising any content, programming, advertising, services and/or features
contained on or through the Service, including, without limitation, the
Service's advertising and/or content delivery and display functionality.
Additionally, portions of the Service, including specifically, certain content
available via the Service, have restrictions regarding the suitability of
content or programming for those under age 18. By using the Service and/or the
Site, you acknowledge and agree that you will not access or view any content and
programming that you are not legally of age to access or view.
6. User ID
Some functions of this Service require registration by selecting a unique user
identification ("User ID") and password, and by providing certain personal
information. If you select a User ID that Videoaza, in its sole discretion,
finds offensive or inappropriate, Videoaza has the right to suspend or terminate
your account.
You agree to (a) keep your password confidential, and (b) immediately notify
Videoaza of any unauthorized use of your User ID and/or password. You are fully
responsible for all activities that occur under your User ID. Videoaza will not
be liable for any loss or damage arising from unauthorized use of your password
or your failure to comply with this Section.
You agree that Videoaza may for any reason, in its sole discretion and without
notice or liability to you or any third party, immediately terminate your
account and your User ID, and remove or discard from the Service any Content
associated with your account and User ID. Grounds for such termination may
include, but are not limited to, extended periods of inactivity or violation of
the letter or spirit of this TOS.
7. Contributions to Videoaza or the Service.
Videoaza does not host any content on the service, other than user-provided
commentary, "Contributions", and related indexing information.
Videoaza has the right to remove any Contribution that violates this TOS or any
other written policy or terms of use published by Videoaza from time to time, or
is otherwise objectionable, as determined solely by Videoaza. By submitting
Contributions for inclusion on the Service, you represent and warrant that you
have all necessary permissions to grant the following license to Videoaza. You
further acknowledge and agree that you are solely responsible for anything you
post or otherwise make available on or through the Service, including, without
limitation, the accuracy, reliability, nature, rights clearance, compliance with
law and legal restrictions associated with any Contribution.
You hereby grant Videoaza and its successors a worldwide, non-exclusive,
royalty-free, sublicensable and transferable license to use, copy, reproduce,
distribute, transmit, prepare derivative works of, communicate to the public,
publicly display, and publicly perform such Contribution on, through or in
connection with the Service in any media formats and through any media channels,
including without limitation, for promoting and redistributing all or in part of
the Service (and its derivative works). This license terminates once you or
Videoaza removes your Contribution from the Service. You understand that your
Contribution may be transmitted over various networks and changed to conform and
adapt to technical requirements.
Any material, information or idea you post on or through the Service, or
otherwise transmit to Videoaza by any means, is not considered confidential by
Videoaza and may be disseminated or used by Videoaza or its affiliates without
compensation or liability to you for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products. This provision
does not apply to personal information that is subject to our Privacy Policy
except to the extent that you make such personal information publicly available
on or through the Service.
8. Privacy Policy.
Videoaza agrees to protect your personal information as described in the Privacy
Policy published on the Site. You agree that Videoaza can export your
information to any country as operationally necessary, even if that country's
privacy laws are weaker or different from the privacy laws of your country and
that Videoaza can use and transfer your personal information to the extent
provided in the Privacy Policy.
9. Third-Party Content
Each contributor to the Service of data, text, images, sounds, video, software
and Contributions is solely responsible for the accuracy, reliability, nature,
rights clearance, compliance with law and legal restrictions associated with
their contribution. As such, Videoaza is not responsible to, and shall not,
regularly monitor or check for the accuracy, reliability, nature, rights
clearance, compliance with law and legal restrictions associated with any
Contribution. You will not hold Videoaza responsible for any user's actions or
inactions, including things they post or otherwise make available via the
Service.
In addition, the Service may contain links to third party websites and offers,
or links to download third party software applications. These third party links
and applications are not owned or controlled by Videoaza. Videoaza assumes no
responsibility for the content, functionality, services, privacy policies, or
other practices of these third-parties. You are encouraged to read the terms and
other policies published by such third parties on their websites or otherwise.
By using the Service, you agree that Videoaza shall not be liable in any manner
due to your use of any third-party website or applications.
10. DISCLAIMER OF WARRANTIES.
You understand and agree that your use of the Service is at your sole risk.
The Service is provided on an "as is" and "as available" basis and to the
fullest extent permitted by law, Videoaza expressly disclaims all warranties,
express or implied, in connection with the Service and your use thereof,
including but not limited to the implied warranties of merchantability, fitness
for a particular purpose, accuracy, and non-infringement. Videoaza makes no
representations or warranties about the accuracy or completeness of the Content
made available through the Service or the content of any websites linked to the
Site. Videoaza does not warrant, endorse, guarantee, or assume responsibility
for any product, application or service advertised or offered by a third party
through the Service or any hyperlinked website or featured in any banner or
other advertising, and Videoaza will not be a party to or in any way be
responsible for monitoring any transaction between you and third-party providers
of products, applications or services. As with the purchase of a product or
service, or installation or download of any application, through any medium or
in any environment, you should use your best judgment and exercise caution where
appropriate. No advice or information, whether oral or written, obtained by you
from Videoaza or through the Service shall create any warranty not expressly
stated in this TOS.
11. LIMITATION ON LIABILITY.
You understand and agree that Videoaza shall not be liable to you for any
direct, indirect, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data or
other intangible losses (even if Videoaza has been advised of the possibility of
such damages), resulting from: (a) the use or the inability to use the Service;
(b) the cost of procurement of substitute services resulting from any services
obtained through or from the Service; (c) unauthorized access to or alteration
of your transmissions or data; (d) statements or conduct of any third party on
the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal
injury or property damage of any nature whatsoever resulting from your access to
and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which
may be transmitted to or though the Service by a third party; or (h) any other
matter relating to the Service, whether based on warranty, contract, tort, or
any other legal theory. In the event this limitation of liability shall be for
any reason held unenforceable or inapplicable, you agree that the aggregate
liability of Videoaza shall not exceed the amount of fifty (50) Canadian
Dollars.
12. Indemnification.
You agree, at your own expense, to indemnify, defend, and hold harmless
Videoaza, its employees, agents, and representatives against any claim, alleged
claim, suit, action, or administrative proceeding arising out of, or related to
use of or access to the Service, or violation of this TOS by you or by someone
else using your User ID.
13. Waiver and Severability.
The failure of either party to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any of the TOS
provisions, including the Disclaimer of Warranty or Limitation of Liability, are
held invalid, unenforceable, or void by a court, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect.
14. Governing Law.
This TOS shall be governed by and construed in accordance with the laws of the
province of Ontario, Canada, without regard to conflict of law rules thereof.
Any action brought by you against Videoaza arising out of this TOS shall be
brought exclusively in the courts located in Ontario, Canada, and any action
brought by Videoaza against you arising out of this TOS shall, at the election
of Videoaza, be brought in either the courts located in Ontario, Canada, or the
applicable courts of the jurisdiction in which you reside. You and Videoaza
hereby consent to, and irrevocably submit yourselves to, the exclusive personal
jurisdiction and venue of such courts. You further agree not to bring claims on
a representative, class member basis, or as a private attorney general.
15. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
16. Assignment
This TOS and the rights and licenses it grants or receives may be assigned or
transferred by Videoaza without restriction.
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