Viddl’s, LLC (“we”, “us” or “our”) owns and/or operates www.viddl-it.com and mobile applications. These websites and mobile applications together with other websites owned, operated, or controlled by us, any software we make available, and our products and services are referred to herein, individually and collectively, as the “Website”. We provide the Website to you subject to the following conditions.
Unless otherwise expressly stated on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Use of the Website is not authorized in any jurisdiction that does not give effect to these Terms. The Website (excluding linked websites) is controlled by us from our offices within the United States. We make no representations or warranties that the Website or products or services offered on the Website are appropriate for access or use in locations other than the United States. Additionally, you must be 18 years or older to access or use the Website, including placing an order on the Website. If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with the consent of a parent or guardian. By accessing or using the Website you represent that you meet this age restriction and we provide you access to the Website subject to your compliance with these Terms. The terms “you,” and “your” refer to all individuals and other persons who access or use the Website, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Website through their respective employees, agents or representatives, in which case you represent that you have the authority to bind that company, organization or entity to the Terms.
Use and Website Access
We grant you a limited license to access the Website for normal browsing only, and to download (for cacheing purposes only) or print a copy of the materials on the Website for your personal use only, and on the condition that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with us; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by us); and (d) do not make any modifications to the material. Except as expressly provided in these Terms, you may not download (other than page cacheing), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website, except with our express written consent. The limited use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
In addition, you agree not to: (1) Use or access the Website for any purpose that is unlawful or prohibited by these Terms; (2) Frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form), without our express written consent; (3) Use any meta tags or any other “hidden text” utilizing our trade names, trademarks, service marks or logos without our express written consent; (4) Make any commercial or non-fair use of our copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of us without our express written consent; (5) Use or access the Website in a manner that could damage, disable, overburden, or impair any of our servers or the networks connected to any of our servers; (6) Interfere with any third party’s use and enjoyment of the Website; (7) Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means; (8) Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or (9) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized in writing by the owner of the software to do so.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
If you create an Account, you agree: (1) that you are over the age of eighteen and have the authority to create an Account in your name; (2) That you are and shall be responsible for maintaining the confidentiality and security of your Account and Password, and for restricting access to your computer and your Password; (3) Not to transfer, lease, assign, or sublicense any Password without our prior written consent; (4) Not to circumvent the password restrictions on the Website, nor allow others to do so on your behalf; (5) Not to use anyone else’s Password; and (6) To notify us immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Account or Password. You further agree that we shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account or Password by you or anyone other than us.
We may provide you with interactive opportunities through the Website, including, by way of example, the ability to post ratings and reviews, feedback, comments, suggestions, ideas and proposals (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Website. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute, commercially exploit and/or otherwise use the User Content in connection with advertising and promotion of our business and in all forms now known or hereafter invented, without notification to and/or approval by you. You further grant the Company a license to use your username and/or other profile information, including without limitation your ratings history, to attribute User Content to you in connection with such uses, without notification or approval by you.
Submission of User Content is at your own risk and we have no obligations (including without limitation, obligations of confidentiality) with respect to such User Content. We do not endorse any User Content and User Content does not represent our views or that of our affiliates. We do not assume liability for User Content or for any claims for economic loss resulting from such User Content. You represent that all User Content consisting of a rating or review: (i) will be based on your first-hand experience; (ii) is not for a business in which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) is not in exchange for payment, free food items, or other benefits; and (iv) will comply with the Terms. We may exclude or delete any User Content, for any reason or no reason, with or without notice, in our sole discretion.
Linking to the Website
We may grant you, in our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that: (a) you do not use our logo or other proprietary graphic or trademark as part of the link without our express written permission; (b) the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (c) you do not use the link in a manner that would compete with or damage the goodwill associated with us; and (d) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized by us in writing). To request our permission to create a hyperlink to the home page of the Website, please contact us by email at ______________.
Third Party Links
The Website may contain links to other websites not controlled, operated or owned by us. Unless otherwise expressly stated by us, we provide no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.
We make reasonable efforts to provide accurate and timely product and pricing information on the Website. While we believe the information is reliable, we are not guaranteeing that the information is always up to date or contains all the relevant information available. Prices are in US dollars unless otherwise noted. We reserve the right to change prices on any product or products, and to discontinue any services or products provided through the Website at any time.
You agree to pay all fees or charges you incur in accordance with our fees, charges and billing terms or that of any applicable third party that are in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Website, the full cost of products or services will be assessed against your credit card or other form of payment. You acknowledge and agree that a command originating from your Account constitutes an authorization to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. Charges paid by you are final and non-refundable, unless otherwise determined by us.
Copyrights and Trademarks
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is our property or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
Our trademarks and other related marks or logos are our registered trademarks. We own or control the proprietary rights in trademarks whether or not listed here and in one or more countries outside the United States. The domain names of the Website and our other websites are our property. All of our trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames us or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any applicable laws and for any direct, indirect, or contributory infringements of third party rights caused by you.
We may use a network of independent third-party contractors (“Contractors”) who provide services to our users. Contractors are independent contractors and not our agents, partners, or employees. Contractors do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of Contractors, including, without limitation, in connection with their provision of products or services to you, fulfillment of orders placed by you through the Website, or in connection with the services we provide.
If you believe any violation of the Terms or infringement of any of our rights has occurred, or if you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us in writing at the address below.
716 South Main Street
Cheshire, Connecticut 06410
Attention: Customer Care
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent (above) must be in the form of a written communication that includes the following information:
1. Your address, telephone number and e-mail address;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing the copyrighted work;
4. A clear description of where the infringing material is located on the Website, including its URL, so that we can locate the material;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
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; and
7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
We may seek to gather information from any user of the Website who is suspected of violating these Terms, and from any other user of the Website. In connection with your use of the Website, you consent to our recording any communication, electronic or otherwise, between you and us and our retaining any information and data obtained from you. We may suspend access or use by any users whose conduct or User Content are under investigation and may remove such material from its servers as it deems appropriate, without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any User Content, submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
You agree to indemnify and hold harmless us, our affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Contractors, and service providers (the “Viddl’s Parties”) from any claims, judgments, liability, and expenses, including reasonable attorneys’ fees, whether in tort, in contract or otherwise, that it or any of the Viddl’s Parties may incur by reason of or arising out of or related to: (i) your use of the Website; (ii) your breach of the Terms; and (iii) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity by any third party.
THE WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
Limitation of Liability
The Terms shall be governed by and construed under the laws of the State of Connecticut, U.S.A., without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN NEW HAVEN COUNTY, CONNECTICUT. Nothing herein shall limit our right to seek and obtain equitable or injunctive relief, without the posting of a bond, and the foregoing sentence shall not apply to your violation of the Terms relating to our trademarks, copyrights and other intellectual property. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SUCH ACTION OR CLAIM SHALL BE BARRED. ALL CLAIMS AND DISPUTES MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU AGREE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY ONLY IN AN INDIVIDUAL PROCEEDING.
The communications between you and us use electronic means, whether you visit the Website or send us emails, or whether we posts notices on the Website or communicate with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
716 South Main Street
Cheshire, Connecticut 06410
Attention: Customer Care
Please do not send any time-sensitive communications to us by email as we cannot be responsible for responding to any such communications. [Consent to electronic communications.]
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