Terms of Service
1. Your Assent
BY USING AND/OR VISITING THIS WEBSITE (together with all Content (as defined below) available through the HELPVIDS.com domain name, collectively, the "HELPVIDS Website" or "Website"), YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms of Service") If you do not agree to any of these terms, then please do not use the HELPVIDS Website. These Terms of Service are subject to change by the owner of the Website, HELPVIDS Ltd., at any time. Changes are effective when posted on this Website without notice upon each user.
You are further expected to be aware of the Privacy Statement of HELPVIDS and to approve with the processing of your personal data as described. You are aware that HELPVIDS processes the personal data of you, including information on the activities of you on the Website, such as the pages visited, the time spent on different parts of the Website, the internet address of the website where you came from and the amateur video content submitted or services ordered by you. HELPVIDS saves this information in a database used for the execution of the agreements whether you are a sole user or also a contributor of amateur video content, including measures to improve services to you and the supply of information or offers to you.
2. HELPVIDS Website
These Terms of Service apply to all users of the HELPVIDS Website, including users who are also contributors of amateur video content to be posted on the Website. The HELPVIDS Website may contain links to third-party websites that are not owned or controlled by HELPVIDS. HELPVIDS will not and cannot censor or edit the content of any third-party site. In addition, HELPVIDS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve HELPVIDS from any and all liability arising from your use of any third-party website.
3. Intellectual Property Rights
The content on the HELPVIDS Website, except all Amateur User Submissions (as defined below in paragraph 4), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HELPVIDS, subject to copyright and other intellectual property rights under Cyprus and foreign laws and international conventions. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HELPVIDS and/or the respective owners. HELPVIDS reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Amateur User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You are not permitted to multiply, decompile or reverse-engineer the software made available, if any. Furthermore, you agree not to circumvent, disable or otherwise interfere with security related features of the HELPVIDS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the HELPVIDS Website or the Content therein. You are only permitted to make a back-up of the media files made available which are identical to the original, provided that it contains the same notices by the right-holder of intellectual property rights and the same notifications on confidentiality as the original version.
4. Website Access for Users Not Being Contributors
HELPVIDS hereby grants you a restricted non-exclusive and non-transferable right of use of the Website i.e. to access the service or material located at this Website and further as set forth in these Terms of Service, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (ii) you will not copy or distribute any part of the Website in any medium without HELPVIDS's prior written authorization; (iii) your use of the Website as permitted is solely for your personal, non-commercial use (commercial use of either the Website or any material found within is strictly prohibited); (iv) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (v) you will not disrupt servers or networks connected to the Website; (vi) Content or any materials may not be displayed publicly, or used for any rental, sale, or display; (vii) Content or any materials shall extend to copyright, trademarks, or other proprietary notices there from; and (viii) you will otherwise fully comply with these Terms of Service.
In order to access some features of the Website, you will have to create an account through a combination of a username and a password ("Account password"). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you may not under any circumstances release your Account password to any other person, and are required to keep your Account password strictly confidential. HELPVIDS will not release passwords for any reason, to anyone other than you as subscriber, except as may be specifically required by law or court order. Unauthorized access to the Website is a breach of these Terms of Service and agreement and a violation of law. You acknowledge that the webmaster of the Website may track through the use of special software each user's entry to the Website. If any breach of security, theft or loss of Account password, or unauthorized disclosure of Account password occurs, you must immediately notify HELPVIDS or the Website of said security breach. You will remain liable for the losses of HELPVIDS or other third parties due to such unauthorized use of service of your account. Under any circumstances, HELPVIDS will not be liable for your losses caused by any unauthorized use of your account.
HELPVIDS grants the operators of public search engines permission to use programs to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. HELPVIDS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the HELPVIDS servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
You further agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their submission of amateur videos or other communications in connection to amateur content as uploaded to the Website by such users ("Amateur User Submissions").
HELPVIDS reserves the right to terminate the granted restricted non-exclusive and non-transferable right of use at any time if these Terms of Service are breached. In the case that the Terms of Service are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Website.
You understand and accept that when using the Website, you will be exposed to Amateur User Submissions from a variety of sources, and that HELPVIDS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Amateur User Submissions. You may be exposed to Amateur User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against HELPVIDS with respect thereto, and agree to indemnify and hold HELPVIDS, its owners, operators, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5. Website Access for Users Being Contributor:
Amateur User Submissions
The Website facilitates now or in the future the uploading of Amateur User Submissions or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such Amateur User Submissions. You understand and accept that whether or not such Amateur User Submissions are published, HELPVIDS does not guarantee any confidentiality with respect to any Amateur User Submissions. HELPVIDS has complete discretion whether to accept or reject your Amateur User Submission, or to transfer your Amateur User Submission from one HELPVIDS program to another program or portion of the Website.
HELPVIDS Free Amateur Media Program
You shall be solely responsible for your own Amateur User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that, in connection with your Amateur User Submissions: (i) you have the written consent, model release(s), and/or permission of each and every identifiable individual person in the Amateur User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Amateur User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HELPVIDS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Amateur User Submissions to enable inclusion and use of the Amateur User Submissions in the manner contemplated by the Website and these Terms of Service.
For Amateur User Submissions submitted under the HELPVIDS Free Amateur Media Program you retain all of your ownership rights in your Amateur User Submissions. However, by submitting the Amateur User Submissions to HELPVIDS, you hereby grant HELPVIDS a worldwide, non-exclusive, sublicenseable, transferable and royalty-free license to use, reproduce, copy, distribute, prepare derivative works of, including but not limited to shorten, edit, rename, or split the submitted video(s) in different parts and to use the entire video(s) or segments thereof as part of compilations, display, and perform the Amateur User Submissions in connection with the HELPVIDS Website and HELPVIDS's (and its successor's) business, including without limitation for promoting and redistributing part or all of the HELPVIDS Website (and derivative works thereof) in any media formats known or unknown at this time, and for any other purposes as HELPVIDS may see fit, in its sole and absolute discretion, and through any media channels. You also hereby grant each user of the HELPVIDS Website a non-exclusive license to access and view your Amateur User Submissions through the Website, and to use, display and perform such Amateur User Submissions as permitted solely through the functionality of the Website and under these Terms of Service. The aforementioned license granted by you under the HELPVIDS Free Amateur Media Program terminates once HELPVIDS has removed or deleted an Amateur User Submission from the HELPVIDS Website within a reasonable term after request and notification thereof by you.
In relation to all Amateur User Submissions, you agree that you will not: (i) submit material that is displaying pornography material featuring minors or in relation to minors "actual" or "suggested", molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, any references to "Lolita", "Pre-Teen" and "youngest", any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading; (ii) submit material that is unlawful, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HELPVIDS all of the license rights granted herein; (iv) publish falsehoods or misrepresentations that could damage HELPVIDS or any third party; (v) post advertisements or solicitations of business; and (v) impersonate another person or misstate your true identity.
HELPVIDS does not endorse any Amateur User Submission or any opinion, recommendation, or advice expressed therein, and HELPVIDS expressly disclaims any and all liability in connection with Amateur User Submissions. HELPVIDS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HELPVIDS will remove all Content and Amateur User Submissions if properly notified that such Content or Amateur User Submission infringes on another's intellectual property rights. HELPVIDS reserves the right to remove Content and Amateur User Submissions without prior notice. HELPVIDS will also terminate a user's access to its Website, if they are determined to be a "repeat infringer". A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had an Amateur User Submission removed from the Website more than twice. While pornographic and adult content are not accepted, HELPVIDS also reserves the right to decide whether Content or an Amateur User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, defamatory, obscene, libellous, threatening, harassing, hateful, racially or ethnically offensive material, or material of excessive length. HELPVIDS may remove such Amateur User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any Amateur User Submission or other content infringes upon your copyrights, you may submit a proper and accurate notification to HELPVIDS at support@HELPVIDS.com requesting to have removed any material that another party claims is infringing. Once HELPVIDS has received, in its sole judgment, such proper notification thereof and said notification is correct and beyond any reasonable doubt, then HELPVIDS may at its sole discretion remove the infringing material and/or block access to such Amateur User Submissions and/or block access to new member signups and/or renewals to these Amateur Users Submissions. HELPVIDS may, at its sole discretion, determine who is an "infringer" and may terminate the license(s) granted by you under these Terms of Service without notice to you if HELPVIDS believes you to be a "repeat infringer".
HELPVIDS permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, HELPVIDS provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the HELPVIDS website on the pages containing the Embeddable Player. HELPVIDS reserves the right to discontinue any aspect of the HELPVIDS Website at any time.
6. Warranty Disclaimer and Limitation of Liability
HELPVIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HELPVIDS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HELPVIDS 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 A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE HELPVIDS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HELPVIDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HELPVIDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE. HELPVIDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL HELPVIDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HELPVIDS WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HELPVIDS SHALL NOT BE LIABLE FOR AMATEUR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by HELPVIDS from facilities in The Netherlands. HELPVIDS makes no representations that the HELPVIDS Website is appropriate or available for use in other locations. Those who access or use the HELPVIDS Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless HELPVIDS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the HELPVIDS Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Amateur User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the HELPVIDS Website.
8. Subscription to newsletter
9. Ability to Accept Terms of Service
This Website is not intended for children under 14. By signifying your acceptance to these Terms of Service, you affirm that you are more than 14 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HELPVIDS without restriction.
11. Applicable law and jurisdiction
You agree that: (i) the HELPVIDS Website shall be deemed solely based in The Netherlands; and (ii) the HELPVIDS Website shall be deemed a passive website that does not give rise to personal jurisdiction over HELPVIDS, either specific or general, in jurisdictions other than The Netherlands. These Terms of Service shall be governed by the internal substantive laws of The Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and HELPVIDS that arises in whole or in part from the HELPVIDS Website shall be decided exclusively by a court of competent jurisdiction located in Amsterdam, The Netherlands.
These Terms of Service, the Privacy Statement here) and any other legal notices published by HELPVIDS on the Website, shall constitute the entire agreement between you and HELPVIDS concerning the (use of the) HELPVIDS Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and HELPVIDS's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. HELPVIDS reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the HELPVIDS Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR RELATED TO THE USE OF THE HELPVIDS WEBSITE MAY BE BROUGHT BY YOU AND/OR HELPVIDS MORE THAN (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We have a no charge back policy, and refunds are possible by writing our Customer Support representatives at support@HelpVids.com and explaining the reason for your dissatisfaction. Be aware that if a large amount of content was downloaded a refund will not be possible. Be as clear and concise as possible about why you are cancelling and desire a refund.
Members are free to cancel their membership at any time. Our customer service representatives can be contacted through our e-mail email@example.com.
Notices by users may be given by electronic messages, conventional mail, and telephone or fax unless otherwise specified in these Terms of Service. All questions, complaints, or notices regarding the Website or these Terms of Service must be directed to HELPVIDS at our e-mail and cancellations of service to the Website must also be directed to HELPVIDS at firstname.lastname@example.org. For clarity, only copyright infringement notices should go to HELPVIDS at email@example.com ; any other feedback, comments, requests for technical support, and other communications should be directed to HELPVIDS customer service by email to firstname.lastname@example.org. Notices by HELPVIDS to users may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional mail. The version of the communication between HELPVIDS and user(s) as recorded by HELPVIDS shall serve as proof, except if the user(s) offers counterproof. HELPVIDS recommends printing out all transaction data and these Terms of Service and keeping them in an easily accessible place.
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