Terms of Service
IMPORTANT! THESE TERMS OF
SERVICE (“TOS”) GOVERN YOUR (“YOU”) USE OF WPVideoMagic.com (COLLECTIVELY, THE
“SITE”), WHICH IS PROVIDED BY WPVideoMagic.com. BY ACCESSING THE SITE, YOU
ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TOS AND OUR
PRIVACY POLICY . IF YOU DO NOT AGREE TO THESE TOS OR OUR PRIVACY POLICY, PLEASE
DO NOT USE THE SITE OR ANY SERVICES OFFERED AT THE SITE.
Children’s Privacy
This Site is not intended for use by children
under 13 years of age. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO
ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT
PERMITTED TO ACCESS THIS SITE FOR ANY REASON.
Registration
To access this
Site or use certain features of the Site, You will have to provide certain
information and create a member or affiliate account (as applicable, an
“Account”). Any information You provide is subject to our Privacy Policy.
In addition, in order to create an Account, You must read, understand and agree
to the terms and conditions of our Affiliate Agreement. It is a condition of
Your use of the Site that all the information You provide is correct, current,
and complete. If WPVideoMagic.com believes the information You provide is not
correct, current, or complete, WPVideoMagic.com has the right to refuse You
access to the Site or any of its resources, and to terminate or suspend Your
access at any time, without notice.
Proprietary Information
The
material and content (hereinafter referred to as the “Content”) accessible from
the Site, and any other World Wide Site owned, operated, licensed, or controlled
by WPVideoMagic.com is the proprietary information of WPVideoMagic.com or the
party that provided the Content to WPVideoMagic.com (“Owner”), and
WPVideoMagic.com or the Owner retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written consent of
WPVideoMagic.com, or unless authorized in writing elsewhere on our site, except
that You may print out a copy of the Content solely for Your personal use. In
doing so, You may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary notice
or legend appearing on any of the Content. Modification or use of the Content
except as expressly provided in these TOS violates WPVideoMagic.com's
intellectual property rights. Except as expressly provided herein, nothing on
the Site shall be construed as conferring any license under WPVideoMagic.com’s
and/or its Owner’s intellectual property rights, whether by estoppel,
implication or otherwise. Notwithstanding anything herein to the contrary,
WPVideoMagic.com may revoke any of the foregoing rights and/or Your access to
the Site, or any part thereof, including the blocking of Your IP Address, at any
time without prior notice.
Restrictions On Use
You may
use the Site for purposes expressly permitted by the Site. You may not use the
Site for any other purpose, including any commercial purpose, without the
express prior written consent of WPVideoMagic.com. For example, You may not (and
may not authorize any other party to) (i) co-brand the Site, or (ii) frame the
Site, (iii) hyper-link to the Site, (iv) use any tradename, trademark, or brand
name of WPVideoMagic.com in metatags, keywords and/or hidden text, (v) copy,
distribute, modify, transmit, perform, reuse, re-post, or otherwise display the
Content, in whole or in part, or modify, translate, alter or create any
derivative works thereof, except as permitted above, (vi) use the Site, the
Content, and/or any portion thereof, in any manner that may give a false or
misleading impression, attribution or statement as to WPVideoMagic.com, the
Owner, or any third party referenced therein, or (vii) use the Content, and/or
any services and products on the Site or accessible via the Site for unlawful
purposes, including, without limitation, for use in connection with any unlawful
telemarketing campaign or practice. For purposes of these TOS,
"co-branding" means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has the right to
display, publish, or distribute the Site or content accessible within the Site.
You agree to cooperate with WPVideoMagic.com in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
Hyper-Links
The Site may be
hyper-linked to other sites which are not maintained by, or related to,
WPVideoMagic.com. Hyper-links to such sites are provided as a convenience to
users and are not sponsored by or affiliated with the Site or
WPVideoMagic.com. WPVideoMagic.com has not reviewed any or all of such
sites and is not responsible for the content of those sites. Hyper-links are to
be accessed at the user's own risk, and WPVideoMagic.com makes no
representations or warranties about the content, completeness or accuracy of
these hyper-links or the sites hyper-linked to the Site. Further, the inclusion
of any hyper-link to a third-party site does not necessarily imply endorsement
by WPVideoMagic.com of that site. The privacy policies and practices of any such
sites are beyond the control of WPVideoMagic.com and You should carefully review
such site’s privacy policies before providing any information.
Submissions
You hereby
grant to WPVideoMagic.com a royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to WPVideoMagic.com through the Site (together, hereinafter known
as the "Submission"), and to incorporate any Submission in other works in any
form, media, or technology now known or later developed. WPVideoMagic.com will
not be required to treat any Submission as confidential, and may use any
Submission in its business (including without limitation, for products or
advertising) without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a result of any
similarities that may appear in future operations or publications of
WPVideoMagic.com.
You may not post, send,
submit, publish, or transmit in connection with the Site any
Submission
that:
1.You do not have the right to post, including
proprietary material of any third party;
2.advocates illegal activity or
discusses an intent to commit an illegal act;
3.is vulgar, obscene,
pornographic, or indecent;
4.does not pertain directly to the
Site;
5.threatens or abuses others, libels, defames, invades privacy, stalks,
is obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
6.seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
7.infringes any intellectual property or other right of any entity
or person, including violating anyone’s copyrights or trademarks or their rights
of publicity;
8.violates any law or may be considered to violate any
law;
9.impersonates or misrepresents Your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the origin of
the content;
10.advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized on the
Site;
11.solicits funds, advertisers or sponsors;
12.includes programs
which contain viruses, worms and/or Trojan horses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications;
13.disrupts the
normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via the Site;
14.includes MP3 format
files;
15.amounts to a 'pyramid' or similar scheme;
16.disobeys any policy
or regulations established from time to time regarding use of the Site or any
networks connected to the Site; or
17.contains hyper-links to other sites
that contain content;
18.Constitutes an endorsement, review or promotion of
any product or service, including those offered by WPVideoMagic.com, in which
you have an interest, with which you have any material connection, or from which
you receive any direct benefit unless you fully and conspicuously disclose such
interest, benefit or connection as part of such endorsement, review or
promotion;
19.that falls within the descriptions set forth above.
Although under no obligation to do so, WPVideoMagic.com reserves the right to monitor use of the Site to determine compliance with these TOS, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain the sole owner of Your Submissions and WPVideoMagic.com stores, transmits, or displays such Submission on its servers and networks and via its Site solely at Your direction. You acknowledge and agree that neither WPVideoMagic.com nor any third party that provides Content to WPVideoMagic.com will assume or have any liability for any action or inaction by WPVideoMagic.com or such third party with respect to any Submission.
Digital Millennium Copyright
Act
WPVideoMagic.com is committed to respecting and protecting the legal
rights of copyright owners. As such, WPVideoMagic.com adheres to the
following notice and take down policy, in full compliance with Section 512(c)(3)
of the DMCA (17 U.S.C. § 512 et seq.). If You believe any Submission or
Content infringes upon Your intellectual property rights, please submit a
notification alleging such infringement (hereafter a “DMCA Takedown
Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to
WPVideoMagic.com’s designated agent, (“Copyright Agent”), as set forth
below, and (ii) include the following:
1.A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
2.Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works;
3.Identification of the material claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access disabled and
information reasonably sufficient to permit the service provider to locate the
material;
4.Information reasonably sufficient to permit the service provider
to contact You, such as an address, telephone number, and, if available, an
electronic mail;
5.A statement that You have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6.A statement that, under penalty of
perjury, the information in the notification is accurate and You are authorized
to act on behalf of the owner of the exclusive right that is allegedly
infringed.
WPVideoMagic.com’s Copyright Agent to receive DMCA Takedown Notices is: admin@wpvideomagic.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for WPVideoMagic.com to be authorized to takedown any Content, Your DMCA Takedown Notice must comply with all of the requirements of this Section.
Privacy
Policy
WPVideoMagic.com will treat any personal information that You submit
through the Site in accordance with its Privacy Policy, which is incorporated
herein by reference and made a part of these TOS.
No Archive
Notwithstanding
anything contained herein, the functionality provided to You by the Site and our
systems, networks and servers are not an archive and WPVideoMagic.com shall have
no liability to You or any other person for loss, damage, or destruction of any
Submission or any other information submitted to or via the Site. You
shall be solely responsible for maintaining independent archival and backup
copies of any Submission and for implementing sufficient procedures and
checkpoints to satisfy Your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data. WPVideoMagic.com does not assume any
responsibility or risk for Your use of the Internet.
Disclaimer
YOUR USE
OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS
AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
WPVIDEOMAGIC.COMDISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. WPVIDEOMAGIC.COM DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WPVIDEOMAGIC.COM DOES NOT WARRANT
OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT
IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WPVIDEOMAGIC.COM MAY MAKE
CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WPVIDEOMAGIC.COM, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. WPVIDEOMAGIC.COM
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF
EXPRESS OR IMPLIED WARRANTIES, THEN WPVIDEOMAGIC.COM HEREBY GRANTS THE MINIMUM
EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WPVIDEOMAGIC.COM, ITS
EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. THE
INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY AND WPVIDEOMAGIC.COM
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
SUBMISSIONS OR ANY HYPERLINKED SITE AND WPVIDEOMAGIC.COM WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM WPVIDEOMAGIC.COM THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU.
Limitation On
Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER
WPVIDEOMAGIC.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR
ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WPVIDEOMAGIC.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY EVEN
IF WPVIDEOMAGIC.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU
BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TOS OR PRIVACY POLICY, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND ITS
SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WPVIDEOMAGIC.COM AND
ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF
THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE
PROVISIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF WPVIDEOMAGIC.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
WPVIDEOMAGIC.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF
RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU
AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND
EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN
THEIR ESSENTIAL PURPOSE.
Indemnity
You will
indemnify and hold WPVideoMagic.com, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents, officers, directors,
and contractors (hereinafter known as the "Indemnified Parties") harmless from:
(i) any breach of these TOS by You, (ii) any use of Content other than as
expressly authorized in these TOS, (iii) Your use of the services made available
via the Site; (iv) any Submission posted or transmitted by You; (v) Your acts
and omissions, and (vi) Your negligence, intentional misconduct or violation or
alleged violation of any rights of a third-party. You agree that the
Indemnified Parties will have no liability in connection with any such breach or
unauthorized use, and You agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorney's fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of Your use of the information accessed from the Site.
WPVideoMagic.com reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by You
hereunder, and in such event, You will have no further obligation to provide
indemnification for such matter; provided, however, that You will use best
efforts to cooperate with WPVideoMagic.com in such defense. To the fullest
extent permitted by law, the foregoing indemnity will apply regardless of any
fault, negligence, or breach of warranty or contract of WPVideoMagic.com or any
of WPVideoMagic.com’s third party suppliers of Content, and its and their
affiliates, partners, subsidiaries and employees.
Refunds
Subscriptions:
You have 30
days from the time of subscription payment to request a refund for the
subscription cost at WPVideoMagic.com. The trial payment is non
refundable.
Services:
Services rendered
are non refundable. Once the cost of services has been paid, you will
receive the agreed upon services for a one month period.
Trademarks
The
“WPVideoMagic.com” URL, and all other trademarks, service marks, and logos
appearing in the Site are the property of WPVideoMagic.com or the party that
provided the trademarks, service marks, and logos to WPVideoMagic.com.
WPVideoMagic.com and any party that provided trademarks, service marks, and
logos to WPVideoMagic.com retain all rights with respect to any of their
respective trademarks, service marks, and logos appearing in the Site.
Security
Any passwords used for the Site are for
individual use only. You will be responsible for the security of Your password
(if any). WPVideoMagic.com will be entitled to monitor Your password and, at its
discretion, require You to change it. If You use a password that
WPVideoMagic.com considers insecure, WPVideoMagic.com will be entitled to
require the password to be changed and/or terminate Your account. PLEASE
NOTE THAT WHILE WPVIDEOMAGIC.COM IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES
PLACE USING YOUR PASSWORD YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES THAT
RESULT FROM USE OF YOUR PASSWORD.
You are prohibited from using
any services or facilities provided in connection with the Site to compromise
security or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) is strictly
prohibited. If You become involved in any violation of system security,
WPVideoMagic.com reserves the right to release Your details to system
administrators at other sites in order to assist them
in resolving security
incidents. WPVideoMagic.com reserves the right to investigate suspected
violations of these TOS.
WPVideoMagic.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing WPVideoMagic.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WPVIDEOMAGIC.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WPVIDEOMAGIC.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WPVIDEOMAGIC.COM OR LAW ENFORCEMENT AUTHORITIES.
United States Only
By using
the Site, You agree and acknowledge that the Site is hosted in the United
States. If You are attempting to access the Site from a physical location within
the European Union, Asia, or any other region with laws or regulations governing
personal data collection, use, and disclosure that differ from United States
laws, please be advised that through Your continued use of this Site, which is
governed by U.S. law, this TOS, and the WPVideoMagic.com Privacy Policy, You are
transferring Your personal information to the United States and You consent to
(i) such transfer, (ii) the application of the laws of the United States and/or
the State of Idaho with respect to any dispute arising from or related to the
Privacy Policy and/or Your use of the Site, other than such rules, regulations,
case law, and/or international treaties that would result in the application of
the laws of a jurisdiction other than the United States or the State of Idaho,
and (iii) the exclusive jurisdiction of the courts of the United States and the
State of Idaho. Any claim or dispute between You and WPVideoMagic.com that
arises in whole or in part from Your use of the Site or in connection with the
Privacy Policy shall be decided exclusively by a court of competent jurisdiction
located in Boise, Idaho, U.S.A. Each party hereby agrees that such court shall
have in personam jurisdiction and venue with respect to such party, and each
party hereby submits to the in personam jurisdiction and venue of such courts
and waives any objection based on inconvenient forum.
Notice
From time to time,
WPVideoMagic.com may revise these TOS. To help You stay current of any
changes, WPVideoMagic.com takes the following two steps: (i) we note the date
the TOS was last updated below and (ii) when we make a change to these TOS, we
will post conspicuous announcements of such changes on the homepage of the Site
for 30 days following the date the TOS was updated. Your use of the Site
following the posting of any revised TOS shall be deemed acceptance of the
revised TOS. We strongly recommend checking TOS periodically. We may also, at
our sole discretion and with no obligation to do so, provide notices and other
communications to You by email or by postings within Your Account. You will be
solely responsible for keeping Your email addresses updated and WPVideoMagic.com
will not be responsible for any undelivered notices caused by Your failure to do
so.
Miscellaneous
If any part
of these TOS is unlawful, void or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of any remaining
provisions. WPVideoMagic.com’s failure to enforce any provision of the TOS
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. A printed version of the TOS and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to the TOS to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
Last updated: November 2010