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TERMS AND CONDITIONS OF USE
Welcome to our website. This site is
maintained as a service to our customers. By using this site, you agree
to comply with and be bound by the following terms and conditions of
use. Please review these terms and conditions carefully. If you do not
agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (the
“Agreement'”) specifies the Terms and Conditions for access
to and use of VidCasa.com (the “Site'”) and describe the
terms and conditions applicable to your access of and use of the Site.
This Agreement may be modified at any time by Vid Casa upon posting of
the modified agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any
time at [website address]. Each use by you shall constitute and be
deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content
included on this site is and shall continue to be the property of Vid
Casa or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights. Any
copying, redistribution, use or publication by you of any such content
or any part of the Site is prohibited without express permission by Vid
Casa. Under no circumstances will you acquire any ownership rights or
other interest in any content by or through your use of this site.
[Trademark] is the trademark or registered trademark of Vid Casa. Other
product and company names mentioned on this Site may be trademarks of
their respective owners.
(b) User Supplied Content. By
accessing our forum, bulletin board, chat room, or any other user
interactive area of our site, and placing any information in any of
those areas, you hereby grant us a perpetual, irrevocable, royalty free
license in and to such materials, including but not limited to the
right to post, publish, transmit, distribute, create derivative works
based upon, create translations of, modify, amend, enhance, change,
display and publicly perform such materials in any form or media,
whether now known or later discovered. You also grant to others who
access the forum, bulletin board, chat room or any other user
interactive area of our site a perpetual, non-revocable, royalty free
license to view, download, store and reproduce your postings but such
license is limited to the personal use and enjoyment of such other
party.
(c)
Personal Use. Vid Casa grants you a limited, revocable, nonexclusive
license to use this site solely for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. You agree not to copy materials on
the site, reverse engineer or break into the site, or use materials,
products or services in violation of any law. The use of this website
is at the discretion of Vid Casa and Vid Casa may terminate your use of
this website at any time.
(d) Other Uses. All other use of Content
from the Site, including, but not limited to uploading, downloading,
modification, publication, transmission, participation in the transfer
or sale of, copying, reproduction, republishing, creation of derivative
works from, distribution, performance, display, incorporation into
another web site, reproducing the Site (whether by linking, framing or
any other method), or in any other way exploiting any of the Content,
in whole or in part, is strictly prohibited without Vid Casa prior
express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE
INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,”
“AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT
YOUR SOLE RISK. Vid Casa DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY
WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE
REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING
THE SITE.
FURTHERMORE, Vid Casa DOES NOT WARRANT THAT USE OF THE SITE WILL
BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vid Casa , ITS SUBSIDIARIES,
VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS,
AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE
OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR
LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR
MATERIAL.
(b) LIMITATION OF LIABILITY. Vid
Casa SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD
PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH Vid
Casa OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES,
OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF Vid Casa HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR
LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website is
intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the
advice your own personal professional advisors, such as your attorney
and your accountant.
Where income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved
by the individual sharing the information. We have performed no
independent verification of the statements made by those individuals.
Please do not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings.
Testimonials and statements of individuals are not to be construed as
claims or representations of average earnings. We cannot, do not, and
will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We
do not know your educational background, your skills, your prior
experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the
ideas presented in our in materials. Examples in our materials are not
to be interpreted as a promise or guarantee of earnings. Many
factors will be important in determining your actual results and no
guarantees are made that you will achieve results similar to ours or
anybody else’s. No guarantee is made that you will achieve any
result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any endeavor you
may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our product and our website may contain information that
includes or is based upon forward-looking statements within the meaning
of the securities litigation reform act of 1995. Forward-looking
statements give our expectations or forecasts of future events. You can
identify these statements by the fact that they do not relate strictly
to historical or current facts. They use words such as
“anticipate,” “estimate,” “expect,”
“project,” “intend,” “plan,”
“believe,” and other words and terms of similar meaning in
connection with a description of potential earnings or financial
performance. Any and all forward looking statements in our materials
are intended to express our opinion of earnings potential. They are
opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You
enter and participate in our forum, bulletin board, chat room, or any
other user interactive area of our site, and gain access to the
materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or
screen communications on our forum, bulletin board, chat room, or any
other user interactive area of our site and we are not responsible for
any material that any of our forum, bulletin board, chat room, or any
other user interactive area of our site participant posts and we do not
assume the responsibility to do so. In the event that we are notified
by any party that any communications contained in our forum, bulletin
board, chat room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to, investigate
the situation and determine in our own discretion, whether to remove
such communication from our forum, bulletin board, chat room, or any
other user interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do
not make any representations or warranties as to the truth or accuracy
of any statement made or materials posted on or through our forum,
bulletin board, chat room, or any other user interactive area of our
site. You agree and acknowledge that you assume the risk of any
actions you take in reliance upon the information that may be contained
in our forum, bulletin board, chat room, or any other user interactive
area of our site.
(d) No Endorsement. We do not endorse or
lend any credence for any statements that are made by any participant
in our forum, bulletin board, chat room, or any other user interactive
area of our site. Any opinions or views expressed by our forum,
bulletin board, chat room, or any other user interactive area of our
site participants are their own. We do not endorse or support or
otherwise give any credence or reason for reliance on any such
statements or opinions.
(e) You are Responsible. You are fully
responsible for your own statements and materials that you post in our
forum, bulletin board, chat room, or any other user interactive area of
our site and any consequences, whether or not foreseen, to any party
who may rely upon these statements. You agree that you will not
take any action directed towards attempting to hold us responsible for
any such materials or statements.
(f) Removal of Material. As a
participant in our forum, bulletin board, chat room, or any other user
interactive area of our site, you agree that we may remove any
materials from our forum, bulletin board, chat room, or any other user
interactive area of our site for any reason, in our sole discretion, or
for no reason at all. This includes material which is disruptive,
abusive, offensive, illegal, vulgar, pornographic, or any other
material. You hold us harmless from and against any damage you or
others may suffer as a result of our removal of any content from our
forum, bulletin board, chat room, or any other user interactive area of
our site or from the discontinuance of our forum, bulletin board, chat
room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to
remove, expel, or disqualify any party from participation and access to
our forum, bulletin board, chat room, or any other user interactive
area of our site for any time and for any reason, or for no reason
whatsoever, in our sole and absolute discretion. This includes,
but is not limited to any violation of this agreement, disruptive
behavior, complaints from other parties, any allegedly illegal
activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the
right to terminate our forum, bulletin board, chat room, or any other
user interactive area of our site at any time and all users hold us
harmless from and against any claims, damages, suits, threats, demands,
liabilities, actions, causes of action, or injuries that may result
therefrom, including but not limited to any consequential, incidental,
and special damages of every nature and type.
(i) Prohibitions. You agree that you
will not (1) use our forum, bulletin board, chat room, or any other
user interactive area of our site for any illegal purpose, (2) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that violates the copyrights, trademarks,
trade secrets, confidential information or other rights of any other
party, (3) place any material in our forum, bulletin board, chat room,
or any other user interactive area of our site that contains a false
statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any other
person, (4) place any obscene, pornographic, sexually explicit or
violent materials, graphics, photographs, text or otherwise in our
forum, bulletin board, chat room, or any other user interactive area of
our site, (5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site, (6) pretend to be another person that you are not, (7) place
materials in our forum, bulletin board, chat room, or any other user
interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You
hold us harmless from, and indemnify us against, any and all claims for
damages from third parties arising from your participation, use or
conduct in our forum, bulletin board, chat room, or any other user
interactive area of our site.
5. Miscellaneous.
(a) Prohibition
Against Data Mining. You are prohibited from data mining, scraping,
crawling, email harvesting or using any process or processes that send
automated queries to the Vid Casa Web site. You may not use the Vid
Casa Web site to compile a collection of listings, including a
competing listing product or service. You may not use the Site or any
Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website
is intended for adults only. This website is not intended for any
children under the age of 18.
(c) Compliance with Laws. You agree
to comply with all applicable laws regarding your use of the website.
You further agreed that information provided by you is truthful and
accurate to the best of your knowledge.
(d) Indemnification. You agree to
indemnify, defend and hold Vid Casa and our partners, employees, and
affiliates, harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
(e) Privacy. Your visit to our site
is also governed by our Privacy Policy. Please review our Privacy
Policy at [website address]. Vid Casa reserves the right, and you
authorize us, to use and assign all information regarding site uses by
you and all information provided by you in any manner consistent with
our Privacy Policy.
(f) DMCA Notice. If you believe your
work has been copied in a way that constitutes copyright infringement,
please provide a notice containing all of the following information to
our Copyright Agent:
(1) An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) 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; and
(6) 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 authorized to act on
the copyright owner's behalf.
(g) Applicable Law. You agree that
the laws of the state of California, without regard to conflicts of
laws provisions will govern these Terms and Condition of Use and any
dispute that may arise between you and Vid Casa or its affiliates.
Venue shall be in [name of county].
(h) Arbitration. As part of the
consideration that Vid Casa requires for viewing, using or interacting
with this website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in contract, tort
or otherwise) arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will
take place in the city or county of Vid Casa. In no case shall you have
the right to go to court or have a jury trial. You will not have
the right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed by
the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(i) Severability. If any provision
of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect.
(j) Termination. Vid Casa may terminate
this Agreement at any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Vid Casa
address: 2050 E Pleasant Valley Rd
Oxnard, CA
phone: 206-350-7333
email: support@vidcasa.com
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