Last modified 07th September, 2011
VideoCustomzier service provides customers with an on-line platform for video marketing - to upload or select video ad templates to self-produce and create Video Landing Pages/Video Marketing Campaigns. Before you continue using VideoCustomzier located at www.VideoCustomzier.com, it is important that you carefully review the terms and conditions set out below (the "Terms"). (The VideoCustomzier website is referred to as the "Website" and the "Service" depending on the context.)
BY USING THE SITE AND THE SERVICE PLATFORM, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICE.
This Website is owned and operated by All Over Media Ltd, an Irish Registered Company its registered office being 29 Denzille Lane, Dublin 2, Ireland.
All Over Media is also referred to in these Terms as "we" and "us."
Users of the Website are sometimes referred to in these Terms as "you."
Rule #1: No Time Wasters Allowed.
If you want to waste time or spam, go somewhere else. We respect and trust our customers except when they waste our time. Being a time waster includes the following:
- Sending spam video emails
- Being rude and offensive for no good reason
- Using our bandwidth and resources inappropriately
- Trying to send video email campaigns from free email accounts -Gmail, yahoo etc
- Abusing our system in any way
Thanks for taking the time to read this; you're probably not a spammer. Legitimate video email marketers can get accused of spamming so let's prevent all that. If you use VideoCustomzier, you must read, understand, and agree to the following terms.
How VideoCustomzier Defines Spam
When you send a video email to someone you don't know, we call them prospects (such as to the CEO of a company you'd like to become your client), that's an "unsolicited" email. Sending one unsolicited message to someone is obviously not spam. That's "doing business."
But when you send an unsolicited video email to an entire list of people you don't know, that's spam.
You can only use VideoCustomzier to send emails to lists of people that gave you permission to email them. If you send emails to a list, and you get an unusual amount of spam complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from us and your company. They will also request (that's putting it mildly) that VideoCustomzier shut down your account. So if you don't have proof that each recipient on your list opted-in for your emails, don't import them into VideoCustomzier.
- No purchased lists (no matter how expensive).
- No rented lists (even if they "opted in").
- No 3rd party lists whatsoever.
You should only use VideoCustomzier to send video newsletters, updates, and promotions to your own customers, or to people who specifically requested email marketing from you. Prospecting is OK, as long as it’s one to one, you respect their right to ask you not to contact them again and abide by the law.
We're Partners In This
We want your video ad campaigns to be a huge success so a few partner tips:
- Sending your first campaign to an old list? Many recipients won't remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your list
- Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block VideoCustomzier (and you). We'll shut your account down if you import an old list that gets too many bounces.
- Don't just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon, or Support@Comcast), then add in first and last names if possible. If you import even one address by mistake, that person can get you blacklisted and shut down
- Importing from a CRM? Break it into sections so you can send personalized content to your customers ("We met at a tradeshow, You bought xyz from us in the past, You are a client of..." etc). Don't just mix a bunch of different lists together and send one "blast" to all of them.
- Sending on behalf of a client? Educate your client about responsible video email marketing. They're depending on you to be the expert.
Prohibited Email Address, Content and Industries
Don't use VideoCustomzier to send anything offensive, to promote anything illegal, or to harass anyone.
In general, don't send anything you'd be ashamed to show your mother.
No campaigns selling illegal substances
No campaigns that violate the FTC's CAN-SPAM Law
No sending from free email accounts such as Gmail, yahoo (email us if you are not sure)
No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:
Illegal goods or services
Escort and dating services
Get-rich-quick or work-at-home schemes
Online trading, day trading tips, or stock market related content
Gambling services or products
Credit repair, get-out-of-debt content
Generally speaking, if you're in an industry that is frequently associated with spam, you know who you are (it's probably why you're reading this far, right?). We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like VideoCustomzier will not be able to help you. You will most likely need to look into setting up your own mail servers. The term to search on is "email delivery server." There are many industrial strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.
Specific pages on the Website may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information on other pages of the Website or materials by us (for example, promotional materials and mailers), these Terms shall control. We recommend that you periodically check this page to make sure you are up to date.
You must be 16 years old or above to use the Service.
Section 1 and Section 3 of these Terms govern all users of the Website and Service, including users who are not paying any fees. If you choose to use the Service on a fee basis, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional provisions set out in Section 2 of these Terms, in addition to being bound by the provisions of Section 1.
Section 1: Usage Terms Applying to All Users of the Service
A. Purpose of the Service and License
All Over Media’s VideoCustomzier provides customers with an on-line based platform to select video ad templates to self-produce Video Email Campaigns. All Over Media hereby grants you a limited, non-exclusive, non-transferable, worldwide right to use the Service, subject to these Terms. In addition, All Over Media hereby grants you a limited, non-exclusive, non-transferable, world wide right to use, solely as part of the Service, certain third party video templates, photographs, videos, music, graphics, tools and other materials that may be made available to you by All Over Media as part of the Service (collectively the "Third Party Content"). You may not use the Third Party Content on a stand alone basis or for any purpose separate and apart from the Service. Use of certain Third Party Content may be subject to additional terms and conditions. All rights not expressly granted to you are reserved by All Over Media and its licensees. You shall not license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Third Party Content in any way.
B. Privacy Issues
All brand, product, and service names used in this Service which identify VideoCustomzier, All Over Media or third parties and their products and services are proprietary marks of All Over Media and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of All Over Media or any third party with respect to any such image, logo or name.
All Over Media uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of All Over Media. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of All Over Media. From time to time, and without notice to you, All Over Media may add or delete certain features or function from the Service we provide. You agree that All Over Media shall not be liable to you for any modification, suspension or discontinuance of the Service
E. User Creation
(1) The Service permits the user to search and select video ad templates , then submit video, audio, graphic images, photographs, text and related data to create Video Advertisements (the information so submitted and the Video Advertisements so created shall be collectively referred to as the "User Creations"
(2) You shall be solely responsible for your User Creations and the consequences of emailing or publishing them through use of the Service. You affirm, represent and/or warrant to All Over Media that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize All Over Media to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Creations and their use in the manner contemplated by the Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Creations to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Creations in the manner contemplated by the Service. You shall retain all of your ownership rights in your User Creations. However, by submitting the User Creations to All Over Media, you hereby grant All Over Media a limited worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute (in any media formats and through any media channels), prepare derivative works of, display, and perform the User Creations for the purposes of promoting, marketing, and otherwise exploiting the Service
(3) In connection with User Creations, you further agree that you will not: (a) 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 All Over Media all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage All Over Media or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; or (d) impersonate another person. All Over Media does not endorse any User Creations or any opinion, recommendation or advice expressed therein or any product or service offered for sale in the User Creation, and All Over Media expressly disclaims any and all liability in connection with User Creations. If notified by a user or a content owner of an allegation that the User Creations infringe upon or constitute a misuse of the rights held by such user or owner, All Over Media may investigate the allegation and determine in good faith, and in its sole discretion, whether to remove or restrict access to the Media Creations, which it reserves the right to do at any time
(4) The Service provides an "Embedded Player" feature, in which you can directly email customers and incorporate User Creations on websites owned or operated by you or to those third party websites that you wish to link to your User Creations. You understand that the User Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and All Over Media does not guarantee that their availability will be uninterrupted or error free. All Over Media reserves the right to discontinue any aspect to the VideoCustomzier Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases
(5) You agree and acknowledge that All Over Media has no obligation to retain the User Creations, and may delete such User Creations thirty(30) days if final approval and payment have not been completed. You also agree and acknowledge that All Over Media has no obligation to provide access to or retain the User Creations, and may delete such User Creations, if you have materially breached this Agreement and such breach has not been cured within thirty (30) days of notice of such breach
F. Basic Copyright Policy and Reporting of Violation
All Over Media does not control what content its users choose to store on the Website or to incorporate into User Creations. Users of this Website and Service are solely responsible for complying with all Spam International, federal and state laws applicable to such content, including copyright laws and email rules.
All Over Media respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders'' rights. As a condition to your use of the Service, or your use of the Website, you agree that you will not use the Website or Service to infringe the intellectual property rights of others in any way. All Over Media will terminate access to the Website or use of the Service by any users who infringes copyrights, or other intellectual property rights, of others or if All Over Media believes that conduct of the user is harmful to the interests of All Over Media
If you believe the copyright in your work has been violated through this Service, please contact All Over Media’s "Designated Copyright Agent" as set forth below. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
- Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Website or Service:
- Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Website or Service, such as the URL where such material may be found on the Website):
- Your street or mailing address, telephone number, and, if available, email address.
- I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).
- I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
- Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:
Full legal name:_______________________________
All claims of copyright infringement should be delivered in writing to All Over Media’s Designated Copyright Agent at the following contact information:
Designated Copyright Agent
All Over Media Ltd.
29 Denzille Lane
Dublin 2, Ireland
You are solely responsible for any copyright violations that may occur as a result of your use of the Service or accessing the Website.
G. External Links
From time to time, AllOverMedia may provide at the Website links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access such linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that AllOverMedia is not liable for any loss or damage that you may suffer by using other websites.
H. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our own business discretion, without giving any prior notice to users of the Website.
I. Termination of Access to the Service or the Agreement.
AllOverMedia may terminate your access to the Service on thirty (30) days prior written notice in the event that you fail to cure the breach described in any such notice within thirty days of receipt. On the effective date of any such termination you shall immediately stop all use of the Website and the Service. In addition, AllOverMedia may at any time terminate this Agreement and/or the Service for convenience on ninety (90) days prior written notice. In the event of any such termination, AllOverMedia does not refund any deposit or pre-paid fees for the Service so terminated.
J. Claims, Controlling Law and Language
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, email or otherwise transmit or communicate any material that is spam, obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to All Over Media;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Creations transmitted through the Service; and
- to upload, post, email or otherwise transmit any User Creations which are likely to cause harm to All Over Media, VideoCustomzier or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
- provide any information to All Over Media that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
- use email from All Over Media to create spam emails to be sent from us.
N. Monitoring of Content
All Over Media does not control the content of user’s accounts or the User Creations and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
O. Suspension and Termination of Access to the Service
You agree that All Over Media may at any time without notice:
- move or suspend any part of the Service; or
- refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in All Over Media's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
Section 2: Usage Terms for Services Purchased on a Deposit Basis
To use the Website and Service, you must register for the Service. Such users are referred to in this Section 2 as "Registrants." Registrants must be 13 years old or over. You agree that the information that you provide to us during registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register for the Service you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify AllOverMedia immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
C. Formation of a Binding Contract
No contract will exist between you and All Over Media with respect to Section 2 of these Terms unless and until All Over Media accepts your registration and order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication.
D. Pricing, Billing and Payment
(1) The Website and Service contain features and functionality that are available only for a fee.
A pricing agreement with us shall be specified on the VideoCustomzier on-line order form during the video ad creation or setup process. All listed prices are stated in U.S. dollars and are valid until altered by us. Prices do not include any applicable sales, use or excise taxes that All Over Media may be required to collect and remit. Any such taxes or charges shall be added by All Over Media to the price for the Service. In the event that the published price for the Service was incorrect, All Over Media will contact you to let you know the correct price and ask you whether you still wish All Over Media to fulfill your order at the correct price. You must provide All Over Media with valid credit card or approved payment order information as a condition to signing up for the Service.
The pricing options are explained in more detail on the VideoCustomzier Pricing Page. The information and terms on such page is incorporated into and made a part of these Terms.
Fees, Refunds, Account Suspensions, Etc.
- We don't provide refunds for unused video email credits or subscriptions (even/especially if we had to shut down your account for violating these terms).
- VideoCustomzier reserves the right to (reasonably) change our fees at any time. We will send email notifications to users if and when we do.
- If a user violates any of the terms outlined above, we reserve the right to cancel accounts, or bar access to accounts, without refund.
- If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
You agree to pay for all video ad emails views you send from your account,
Section 3: General Terms and Conditions
A. Limited Warranty and Limitation of Liability
All Over Media warrants to you that the Service shall substantially conform to the description of such Service found at the Website. If the Service fail to so conform to those descriptions of the Services, then All Over Media shall make every commercially reasonable effort to correct the Services so that they so conform for final approval as part of stage 2 of the video ad creation service. If All Over Media is not able to so satisfy the user for the final version of the video ad, then All Over Media has no further obligation for the Service.
EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION 3(B), THE SERVICE, THE SITE, AND ALL OTHER RELATED ALL OVER MEDIA PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OVER MEDIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL OR ANALOG VIDEO OR PHOTO TO AL OVER MEDIA , AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR CONTENT, All Over Media SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED MEDIA.
WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE SITE AND ALL OTHER RELATED PRODUCTS AND SERVICES, EVEN IF All Over Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents,licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys'' fees, resulting: from any breach of these Terms; your access to and use of the Website; your use of the Service; and, your creation, use and distribution of the User Creations.
C. Copyright Authorizations and Procedures
In order for All Over Media to make your Video Advertisements available as part of the Service, we need the rights to make use of User Creations. Accordingly, as a condition of your use of the Service, you hereby grant All Over Media a perpetual, universal, non-exclusive, royalty-free right to copy, display, perform, modify, transmit, make derivative works of and distribute your User Creations, solely for the purpose of providing the Service. As a condition of your use of the Service, you represent and warrant to All Over Media that you either own your User Creations or have written permission from the owner of the rights or materials included in such User Creations to use such User Creations in conjunction with the Service.
D. No Waiver
These Terms constitute the entire agreement between All Over Media and you with respect to your use of the Website and the Service. All Over Media's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about these Terms, the Website or our Service, please contact us by email at
Copyright 2011. All rights reserved.