Vidoop.com and its affiliated sites are properties of Vidoop, LLC (collectively “Vidoop” or “myVidoop”). We provide our services to you subject to the following conditions. If you visit or use myVidoop.com, vidoop.com or any affiliated sites you accept these conditions. Please read them carefully. In addition, when you use any current or future Vidoop service or visit or use any business affiliated with Vidoop, whether or not included in the Vidoop Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control. Vidoop reserves the right to update these conditions. Changes to the conditions of use may occur with or without notice to you. By using Vidoop’s services, you consent to the present and future versions of the conditions of use.
PRIVACY
Please review our Privacy Policy, which also governs your visit to vidoop.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Vidoop website or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THIRD-PARTIES
Vidoop provides a consolidated internet identity service for users accessing third party websites. Vidoop also contains links to other websites. Vidoop is not responsible for the content of these third party sites. Further, Vidoop disclaims any liability for injury caused by the actions of these third party websites, including any disclosure of personal information or actions by third party websites that do not conform to the Privacy Policy of Vidoop.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vidoop or its content suppliers and protected by United States and international copyright laws, unless marked otherwise. The compilation of all content on this site is the exclusive property of Vidoop and protected by U.S. and international copyright laws. All software used on this site is the property of Vidoop or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Vidoop is the owner of several trade names, trademarks, trade dress, and registered trademarks. Vidoop’s trademarks and trade dress may not be used in connection with any product or service that is not Vidoop’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vidoop. All other trademarks not owned by Vidoop or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vidoop or its affiliates.
PATENTS
Some of Vidoop’s features and services are subject to one or more pending patents.
LICENSE AND SITE ACCESS
Vidoop grants you a limited license to access and make personal use of the services and products provided through this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vidoop. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vidoop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vidoop and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Vidoop’s name or trademarks without the express written consent of Vidoop. Any unauthorized use terminates the permission or license granted by Vidoop. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Vidoop or myVidoop so long as the link does not portray Vidoop, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Vidoop logo or other proprietary graphic or trademark as part of the link without express written permission.
CREATIVE COMMONS
You may reproduce, subject to the terms of the relevant Creative Commons licenses, images used on the Vidoop site licensed using a Creative Commons license. For more information, please visit www.creativecommons.org.
YOUR ACCOUNT
If you use this site or the services provided by Vidoop through this site, you are responsible for maintaining the confidentiality of your account and image categories and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You are also responsible for maintaining the confidentiality of your accounts with third parties and restricting access thereto. Vidoop and its affiliates reserve the right to refuse service or terminate accounts in their sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND SITE PROVIDED BY VIDOOP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIDOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND VIDOOP’S PRODUCTS OR SERVICES AND THE DISCLOSURE OF YOUR PERSONAL INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT will Vidoop or its beneficiaries and assigns be liable for any special or consequential damages, including LOST PROFITS or LOSS OF DATA arising from the use of Vidoop. Vidoop is limited in its liability to any user by the amount paid by a user to Vidoop for its services, or $150, whichever is less.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
By visiting or using the Site, you agree that the laws of the State of Oklahoma, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Vidoop or any of its agents or affiliates.
Any dispute relating in any way to the Site or a service provided by Vidoop shall be submitted to confidential arbitration in Tulsa, Oklahoma, except that, to the extent you have in any manner violated or threaten to violate Vidoop’s proprietary or intellectual property rights, Vidoop may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to non-exclusive venue and jurisdiction in the state and federal courts of Oklahoma.
Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies govern your use of Vidoop. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CLAIMS OF COPYRIGHT INFRINGEMENT
Vidoop and its affiliates respect the intellectual property of others. Vidoop regularly uses photographs which are believed to be licensed utilizing the Creative Commons licensing system. If you believe that your work has been copied in a way that constitutes copyright infringement, or exceeds the scope of your Creative Commons license, please follow these steps. Please note that this procedure is exclusively for notifying Vidoop and its affiliates that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• 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;
• 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.
Vidoop’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
By Mail:
117 NW 5th St, Suite 210
Portland, OR 97209
By Phone: 503.445.0909
By Fax: 503.445.0968
By E-mail: legal@vidoop.com