Vivid
Video
Terms & Conditions of Service
You
must read and agree to these terms and conditions
before you can join VividVideo.com. Please read them carefully.
- By enrolling
in Vivid Video.com (the "Service"), you become a Subscriber
and agree to be bound by this Agreement (the "Agreement"). This
Agreement is subject to change by Vivid Video, Inc. ("Vivid
Video") at any time, and changes are effective upon notice
to each Subscriber.
- Some or
all of the following fees and charges may be incurred by the
Subscriber:
-
You are responsible for paying periodic subscription fees according to the then-current billing terms. The fee for vividvideo.com is $1.66 per day billed monthly. Subscription fees are non-refundable.
- Unless
and until this Agreement is cancelled in accordance with the
terms hereof, Subscriber hereby authorizes the Service to charge
subscriber's credit card (or other approved facility) to pay
for the ongoing cost of membership. Subscriber hereby further
authorizes the Service to charge Subscriber's credit card (or
other approved facility) for for any and all puchases of products,
services and entertainment provided by Vivid Video. Your subscription
may not be assigned or transferred to any other person or entity.
Subscriber must promptly inform Vivid Video of the following:
changes in the expiration date of any credit card used in connection
with the Service; changes in home or billing address; and apparent
breaches of security, such as loss, theft, or unauthorized disclosure
or use of an ID or password. Until Vivid Video is notified,
by electronic or conventional mail, or by telephone at 1-800-848-4384,
of a breach in security, the Subscriber will remain liable for
any unauthorized use of the Service. Upon request, Subscribers
will be given access to billing records that support charges
for use of the Service.
- Payment
for the appropriate services may be made by automatic credit
card debit. Members will be automatically renewed for successive
one (1) month terms or for the original term (whichever is greater)
upon expiration, unless Vivid Video is notified via e-mail 3
days prior to expiration.
- Subscription
to the Service may be terminated at any time, and without cause,
by either Vivid Video or the Subscriber upon notification of
the other by electronic or conventional mail, or by telephone.
Subscribers are liable for charges incurred by them until termination
of service.
- Subscribers
are responsible for providing all personal computer and communications
equipment necessary to gain access to the Service. Access to
and use of the Service is through a combination of an ID and
a password. Each Subscriber must keep his password strictly
confidential. Remember your password! For security reasons,
Vivid Video will not release passwords for any reason, except
as may be specifically required by law or court order. Unauthorized
access to the Service is a breach of this Agreement and a violation
of law.
- Any liability
of Vivid Video including without limitation any failure of performance,
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortous behavior, negligence,
or under any other cause or action, shall be strictly limited
to the amount paid by or on behalf of the Subscriber to Vivid
Video for the preceding 12 months. Some states do not allow
the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply
to you.
- No warranty
is made by Vivid Video regarding any information, services,
or products provided through or in connection with the Service,
and Vivid Video hereby expressly disclaims any and all warranties,
including without limitation: 1) any warranties as to
the availability, accuracy, or content of information, products,
or services; 2) any warranties of merchantability or
fitness for a particular purpose. Some states do not allow the
exclusion of implied warranties, so the above exclusion may
not apply to you.
- Except
for public domain material and electronic messages, all material
displayed on the Service is copyrighted by Vivid Video and may
not be copied, redistributed, or downloaded, in whole or in
part, without the prior written consent of Vivid Video, Inc.,
unless otherwise clearly stated in this Agreement.
- The
material on the Service is for the private, non-commercial enjoyment
of Subscribers only. Any other use is prohibited.
- The Service
enables Subscribers to share information with other Subscribers.
Subscribers agree not to submit, publish, or display on the
Service any defamatory, inaccurate, abusive, threatening, racially
offensive, or illegal material. Transmission of such material
that violates any federal, state, or local law, is prohibited
and is a breach of this Agreement.
- Subscribers
agree not to engage in advertising to, or solicitation of other
Subscribers to buy or sell any products or services through
the Service without prior written consent. Subscribers are responsible
for information they send, or display through the Service even
if a claim should arise after termination of service.
- There are
no facilities provided by the Service for sending or receiving
private or confidential electronic communications. All messages
shall be deemed to be readily accessible to the general public.
Do not use the Service for any communication for which the sender
intends only the sender and the intended recipient(s) to read.
Notice is hereby given that all messages entered into this Service
can and may be read by the operators of the Service, whether
or not they are the intended recipient(s).
- Notices
by Vivid Video to Subscribers may be given by means of electronic
messages through the Service, by a general posting on the service,
or by conventional mail. Notices by Subscribers may be given
by electronic messages or conventional mail, unless otherwise
specified in the Agreement.
- All
questions, complaints, or notices to Vivid Video by means
of electronic message must be sent to support@vividvideo.com.
- All
questions, complaints, or notices to Vivid Video by conventional
mail must be sent to:
Vivid Video
15127 Califa Street
Van Nuys, CA 91411
- The Subscriber
hereby warrants and represents that he or she is over the age
of 18, and in all respects is qualified and competent to enter
into this Agreement.
- This Agreement
contains the entire agreement between the Subscriber and Vivid
Video regarding the use of the Service, and supersedes all prior
written and oral understandings and writings, and may only be
amended upon notice by Vivid Video to Subscribers. Unless otherwise
explicitly stated, the provisions of this Agreement shall survive
its terminations. The Agreement shall be governed pursuant to
the laws of the State of California.
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