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Last update: November 21, 2016
These Terms of Service (“Terms”, “Agreement”) govern your access to and use of the service Order Your Video and website OrderYourVideo.com (“Services”). These Terms also govern the access to and use of any information, text, graphics, or other materials created, uploaded, downloaded or appearing on the Services (referred to as “Content”).
Please read this Terms carefully before accessing or using the Services. By subscribing to, accessing or using the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use the service.
For purposes of the Terms of Services, “You” means the person using the Service or, if you are using the Service on behalf of your company (or another entity), then “You” means your company (or such other entity) and its officers, members, agents, successors and assigns. “We”, “Us” and “Our” mean the “Services” in general and any representative of the support, technical or administrative teams.
The Service is provided “AS IS”.
All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Order Your Video and Paytory Inc. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
You may use the Services only if you can form a binding contract with Order Your Video or Paytory Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
You are responsible for your use of the Services, for any Content you use and post within the Services, and for any consequences thereof. The Content you submit, post, create may be able to be viewed by other users of the Services through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
The Services provided are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, OrderYourVideo.com or Paytory Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with a prior notice. OrderYourVideo.com or Paytory Inc. retain the right to create limits on use and storage and also to terminate, change (including, without limitation, modifying, adding or deleting), upgrade, suspend or discontinue any aspect of the Services including, but not limited to, prices, content, features, hours of availability or equipment required for access at sole discretion at any time without prior notice to you and penalty to us. It is Your responsibility to return to the Terms of Service from time to time to review the most current Terms of Service.
By using the Services you agree to pay us the entire amount of the price for our products and services as an instant payment.
Payments will cover the use of the services including a cost of works and follow up support. Your payment will also include a license fee for the lifetime royalty free usage of the result of the services work. Additional ordering or payment terms may be provided to you on the Site or in communications or notices from us, and the Terms of Services incorporate such terms by reference.
You must pay with one of the following:
(a) a valid credit card acceptable to us;
(b) a valid debit card acceptable to us; or
(c) by another payment option we provide to you.
All payments are subject to our payment processors review and may be declined on security or technical reasons.
All paid fees are not refundable.
Those who register an account with us (collectively referred to as “Members” or “Users”), can see all submitted orders, orders processing status and some other personal information.
To create an account on our website you need to submit certain requested information, which may include your individual and/or company name, date of birth, email address, physical address.
Users, who create or administer an account for another person or entity, agree to abide by all of the terms and conditions provided and make sure that they are properly authorized to represent the person or entity for which the User created or administered an account.
You are responsible for safeguarding the password that you use to access your account in the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to refuse in registration of, or cancel a User account in our discretion.
We give you a personal, worldwide, royalty-free, non-assignable (non-transferable) and non-exclusive license to use results of works subject of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties.
We shall always use commercially reasonable efforts consistent with prevailing industry standards to provide the Services in a professional and workmanlike manner that is free of defects. You have the right to report and request the defects correction. We shall always do commercially reasonable efforts to promptly correct any defects occurred.
Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times to refuse to provide the Services or distribute any content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Services, their users and the public.
You may use the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Services comply with the Terms of Service and all applicable laws and regulations. We don’t bear any obligation to review, edit, censor or take responsibility for any information that You, or other Users, may submit, create, transmit, post, store, distribute, display or present using the Services.
You may not use the Services to:
(1) create content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety;
(2) promote, do or further any unlawful, misleading, discriminatory or malicious activity;
(3) solicit personal information from anyone under 18 years of age;
(4) transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information;
(5) use the Service for timesharing or service bureau purposes with reselling purposes; Your Account may only be used by You or Your employees or agents authorized to act on Your behalf.
(6) violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets (for instance, You may not use the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks);
(7) violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission;
(8) violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws;
(9) restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Site);
(10) You agree not to access anyone else’s Account without that person’s permission.
(11) create a database by downloading and storing the Content or any part thereof; or
(12) violate the Terms of Service or encourage or assist anyone else to violate the Terms of Service.
You may not do any of the following while accessing or using the Services:
(1) access, tamper with, or use non-public areas of the Services, their computer systems, or the technical delivery systems of their providers;
(2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(3) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Services.
(4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
(6) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service.
(7) modify or create derivatives of any part of the Service; or
(8) remove or obscure any proprietary notices on the Service.
In addition to any remedies OrderYourVideo.com and Paytory Inc. may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Services. We may cooperate with any law enforcement authorities or court order or third party requesting or directing us to disclose the identity of anyone posting such materials.
We may suspend and terminate your use of the Services without notice to you for breach of the Terms of Service. We may also report your activities to federal and/or state law enforcement agencies.
The Services, all the Content, code, data, works of authorship and materials thereon, the look and feel, design and organization of the Services, and the compilation of the material are protected by U.S. and international copyright, trademark and other laws. We own, solely and exclusively, all rights, title and interest in and to the Services, the Content, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Services and/or the Content does not grant to You any ownership of any Content You may access.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed in the Services or in connection with the Content made available through the Services are registered (or unregistered) and may not be used except with written permission of the respective Trademark owner. Nothing contained in the Services should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed through any of the Services is strictly prohibited.
Notwithstanding anything in the Terms of Service to the contrary, in the event that you submit to the Services any ideas, creative suggestions, photographs, information, advertisements or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of the Services without any compensation or credit to you whatsoever.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDERYOURVIDEO.COM AND PAYTORY INC. AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ORDERYOURVIDEO.COM AND PAYTORY INC. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to you. If applicable law limits the application of the provisions of this Section, our liability will be limited to the maximum extent permitted by applicable law.
We may revise these Terms from time to time, the most current version will always be at this page. By continuing to access or use the Services after new Terms’ revisions become effective, you agree to be bound by the revised Terms.
The Terms of Service and any disputes relating to the Services or the Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts.
Effective: November 21, 2016