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Terms of Service
Effective Date: October 2009
Welcome to the VideoCustomizer website and all of its affiliated websites, products and services (collectively, the "VideoCustomizer Services"). Use of and access to the VideoCustomizer Services is subject to your compliance with these terms of use (the "Terms"), so please read these Terms carefully. All Over Media Limited is registered owner and operator of VideoCustomizer, ("VideoCustomizer", "we", "us" or "our") reserves the right to limit or terminate your access to the VideoCustomizer Services if you do not comply with these Terms.
By accessing and using the site in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE VideoCustomizer SERVICES IN ANY MANNER. If you are using the VideoCustomizer Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.
This Website is owned and operated by AllOverMedia Ltd, an Irish Registered Company with its principal business address at 23 Seapoint Avenue, County Dublin, Ireland. Changes in Terms of Use
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the VideoCustomizer Services. Use of the VideoCustomizer Services constitutes your acceptance of any modified Terms. User Conduct and Responsibilities
You are responsible for obtaining access to the VideoCustomizer Services, which access may involve third party fees (such as Internet services provider, SMS or airtime charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary to access the VideoCustomizer Services.
Your use of the VideoCustomizer Services is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the VideoCustomizer Services to make available and transmit any content that, or content that promotes a product or VideoCustomizer Services that:
VideoCustomizer does not control and is not responsible for what users contribute to the VideoCustomizer Services and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be distributed through the VideoCustomizer Services. VideoCustomizer is not responsible for the conduct, whether online or offline, of any user of the VideoCustomizer Services. User Information
If you wish to use the VideoCustomizer Services, you must register and create a user account ("User Account"), and you must create truthful and accurate information. Your willful provision of inaccurate or unreliable information shall constitute a material breach of these Terms and be a basis for termination of your right to use the VideoCustomizer Services. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password. User Content
You own and are solely responsible for any content that you transmit, distribute, publish or display (hereinafter "distribute") on or through the VideoCustomizer Services, transmit to or share with other users ("User Content"). Although VideoCustomizer has no obligation to monitor User Content, VideoCustomizer may do so and may block or remove any such User Content or prohibit any use of the VideoCustomizer Services that VideoCustomizer believes may be (or is alleged to be) in violation of these Terms. You grant VideoCustomizer the right to use your User Content solely for the provision of the VideoCustomizer Services. Unsolicitied Communications
VideoCustomizer may not be used to send unsolicited communications. Since our service utilizes email for notification purposes it's imperative that our users follow these rules:
How VideoCustomizer Defines Spam
Prospecting
When you send a video email to someone you don't know, we call them prospects (such as to the president 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 email to an entire list of people you don't know, that's spam.
Permission Lists
You can only use VideoCustomizer 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 your company. They will also request (that's putting it mildly) that VideoCustomizer 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 VideoCustomizer.
You should only use VideoCustomizer to send newsletters, updates, and promotions to your own customers, or to people who specifically requested email marketing from you. Prospecting is ok, as long as its 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 email campaigns to be a huge success so a few partner tips:
VideoCustomizer reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the VideoCustomizer Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Links to Other Websites and Content
The VideoCustomizer Services contains (or you may access through the VideoCustomizer Services) links to other web sites belonging to third parties ("Third Party Services"). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by VideoCustomizer, and VideoCustomizer is not responsible for any Third Party Services accessed through the VideoCustomizer Services or any Third Party Content linked or posted through the VideoCustomizer Services.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the VideoCustomizer Services ("Submissions"), provided by you to VideoCustomizer are non-confidential and shall become the sole property of VideoCustomizer. VideoCustomizer shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Privacy Policy
We care about the privacy of our users. Use of the VideoCustomizer Services is governed by our Privacy Policy- please see our privacy page.
VideoCustomizer Services Content
All content on the VideoCustomizer Service is the proprietary property of VideoCustomizer, its users or its licensors with all rights reserved. VideoCustomizer grants you a limited, revocable license to use the VideoCustomizer Services and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to VideoCustomizer's intellectual property rights, whether by estoppel, implication or otherwise.
The VideoCustomizer Services are protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the VideoCustomizer Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the VideoCustomizer Services.
The VideoCustomizer name, tag line and logo are trademarks of All Over Media Limited.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
Modifications to VideoCustomizer Services
VideoCustomizer reserves the right to modify or terminate any or all portions of the ideoCustomizer Services with or without cause at any time and effective immediately. VideoCustomizer shall not be liable to you or any third party for termination. Should you object to any modifications to the VideoCustomizer Services or become dissatisfied with the VideoCustomizer Services in any way, your only recourse is to immediately discontinue use of the VideoCustomizer Services.
Fees, Refunds, Account Suspensions, Etc.
Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. VideoCustomizer may broadcast notices or messages through the VideoCustomizer Services to inform you of changes to these Terms, the VideoCustomizer Services, or other matters of importance. Such broadcasts shall constitute notice to you.
Disclaimers
The VideoCustomizer Services may be temporarily unavailable from time to time for maintenance or other reasons. VideoCustomizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNDER NO CIRCUMSTANCES SHALL VideoCustomizer BE LIABLE TO YOU ON ACCOUNT OF (i) ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE VideoCustomizer SERVICES, OR (iii) YOUR INABILITY TO USE THE VideoCustomizer SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR VideoCustomizer SERVICESS, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF VideoCustomizer OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF VideoCustomizer OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Miscellaneous
Waiver and Severability of Terms. The failure of VideoCustomizer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by VideoCustomizer. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of Ireland and the EU, excluding its conflict of law provisions. You and VideoCustomizer agree to submit to the exclusive jurisdiction of the courts of Ireland.
Contacting VideoCustomizer
If you have any concerns regarding any VideoCustomizer Site, Product or Service, or these terms of service, and if you cannot satisfactorily resolve it through the use of those sites, products or services, you should complete a feedback form or write to us by email at help@videocustomizer.com Alternatively, we can be reached through our postal mail address:
If you object to any sharing of your personal information that may be permitted under these terms of service, you may do so by writing us at the above address. We will take reasonable steps to accommodate your requests as they relate to our business practices. In some instances, honoring your requests may interfere with or preclude your ability to use the VideoCustomizer Sites, Products and Services or may require us to terminate our relationship with you.
Copyright 2009. All rights reserved.
Welcome to the VideoCustomizer website and all of its affiliated websites, products and services (collectively, the "VideoCustomizer Services"). Use of and access to the VideoCustomizer Services is subject to your compliance with these terms of use (the "Terms"), so please read these Terms carefully. All Over Media Limited is registered owner and operator of VideoCustomizer, ("VideoCustomizer", "we", "us" or "our") reserves the right to limit or terminate your access to the VideoCustomizer Services if you do not comply with these Terms.
By accessing and using the site in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE VideoCustomizer SERVICES IN ANY MANNER. If you are using the VideoCustomizer Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.
This Website is owned and operated by AllOverMedia Ltd, an Irish Registered Company with its principal business address at 23 Seapoint Avenue, County Dublin, Ireland. Changes in Terms of Use
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the VideoCustomizer Services. Use of the VideoCustomizer Services constitutes your acceptance of any modified Terms. User Conduct and Responsibilities
You are responsible for obtaining access to the VideoCustomizer Services, which access may involve third party fees (such as Internet services provider, SMS or airtime charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary to access the VideoCustomizer Services.
Your use of the VideoCustomizer Services is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the VideoCustomizer Services to make available and transmit any content that, or content that promotes a product or VideoCustomizer Services that:
- is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense (including, without limitation, the CAN-SPAM Act);
- violates the rights of any party (including without limitation rights of privacy and publicity);
- is obscene, lewd, lascivious, violent, or otherwise objectionable;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- displays material that exploits children, or otherwise exploits children under 18 years of age;
- is false or misleading;
- infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
- is unsolicited or unauthorized, including advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- includes private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the VideoCustomizer Services, or which may expose VideoCustomizer or its users to any harm or liability of any type.
VideoCustomizer does not control and is not responsible for what users contribute to the VideoCustomizer Services and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be distributed through the VideoCustomizer Services. VideoCustomizer is not responsible for the conduct, whether online or offline, of any user of the VideoCustomizer Services. User Information
If you wish to use the VideoCustomizer Services, you must register and create a user account ("User Account"), and you must create truthful and accurate information. Your willful provision of inaccurate or unreliable information shall constitute a material breach of these Terms and be a basis for termination of your right to use the VideoCustomizer Services. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password. User Content
You own and are solely responsible for any content that you transmit, distribute, publish or display (hereinafter "distribute") on or through the VideoCustomizer Services, transmit to or share with other users ("User Content"). Although VideoCustomizer has no obligation to monitor User Content, VideoCustomizer may do so and may block or remove any such User Content or prohibit any use of the VideoCustomizer Services that VideoCustomizer believes may be (or is alleged to be) in violation of these Terms. You grant VideoCustomizer the right to use your User Content solely for the provision of the VideoCustomizer Services. Unsolicitied Communications
VideoCustomizer may not be used to send unsolicited communications. Since our service utilizes email for notification purposes it's imperative that our users follow these rules:
- you may only send VideoCustomizer messages to people known to you or those with whom you have existing relationships with
- if you are sending on behalf of a company or organization you may only send VideoCustomizer messages to people known to your company or organization or with whom you, your company or organization have an implied business relationship with
- no external list of email addresses that have been rented or purchased may be imported into or otherwise used to address and send VideoCustomizer messages
- you must agree to promptly remove anyone from any list you maintain on this service that requests you do so as a result of their receiving an unsolicited message from you
- you agree that if you or one or more recipients of one of your VideoCustomizer messages fall under the jurisdiction of the United States that you adhere to the CAN-SPAM Act of 2003
How VideoCustomizer Defines Spam
Prospecting
When you send a video email to someone you don't know, we call them prospects (such as to the president 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 email to an entire list of people you don't know, that's spam.
Permission Lists
You can only use VideoCustomizer 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 your company. They will also request (that's putting it mildly) that VideoCustomizer 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 VideoCustomizer.
- No purchased lists (no matter how expensive).
- No rented lists (even if they "opted in").
- No 3rd party lists whatsoever.
You should only use VideoCustomizer to send newsletters, updates, and promotions to your own customers, or to people who specifically requested email marketing from you. Prospecting is ok, as long as its 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 email 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 VideoCustomizer (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). If you import even one address by mistake, that person can get you blacklisted and shut down
- Importing from a CRM? Break it into so you can send relevant 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 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
VideoCustomizer reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the VideoCustomizer Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Links to Other Websites and Content
The VideoCustomizer Services contains (or you may access through the VideoCustomizer Services) links to other web sites belonging to third parties ("Third Party Services"). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by VideoCustomizer, and VideoCustomizer is not responsible for any Third Party Services accessed through the VideoCustomizer Services or any Third Party Content linked or posted through the VideoCustomizer Services.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the VideoCustomizer Services ("Submissions"), provided by you to VideoCustomizer are non-confidential and shall become the sole property of VideoCustomizer. VideoCustomizer shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Privacy Policy
We care about the privacy of our users. Use of the VideoCustomizer Services is governed by our Privacy Policy- please see our privacy page.
VideoCustomizer Services Content
All content on the VideoCustomizer Service is the proprietary property of VideoCustomizer, its users or its licensors with all rights reserved. VideoCustomizer grants you a limited, revocable license to use the VideoCustomizer Services and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to VideoCustomizer's intellectual property rights, whether by estoppel, implication or otherwise.
The VideoCustomizer Services are protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the VideoCustomizer Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the VideoCustomizer Services.
The VideoCustomizer name, tag line and logo are trademarks of All Over Media Limited.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
Modifications to VideoCustomizer Services
VideoCustomizer reserves the right to modify or terminate any or all portions of the ideoCustomizer Services with or without cause at any time and effective immediately. VideoCustomizer shall not be liable to you or any third party for termination. Should you object to any modifications to the VideoCustomizer Services or become dissatisfied with the VideoCustomizer Services in any way, your only recourse is to immediately discontinue use of the VideoCustomizer Services.
Fees, Refunds, Account Suspensions, Etc.
- We don't provide refunds for unused email credits or subscriptions (even/especially if we had to shut down your account for violating these terms).
- VideoCustomizer 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 your video email subscription, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. VideoCustomizer may broadcast notices or messages through the VideoCustomizer Services to inform you of changes to these Terms, the VideoCustomizer Services, or other matters of importance. Such broadcasts shall constitute notice to you.
Disclaimers
The VideoCustomizer Services may be temporarily unavailable from time to time for maintenance or other reasons. VideoCustomizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE VideoCustomizer SERVICES, AND ALL CONTENT, USER CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND VideoCustomizer SERVICESS INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. VideoCustomizer DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- VideoCustomizer MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, PRODUCT OR VideoCustomizer SERVICES OFFERED OR SOLD THROUGH BY ANY USER OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VideoCustomizer SERVICES, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE VideoCustomizer SERVICES, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. VideoCustomizer DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- USE OF THE VideoCustomizer SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.
UNDER NO CIRCUMSTANCES SHALL VideoCustomizer BE LIABLE TO YOU ON ACCOUNT OF (i) ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE VideoCustomizer SERVICES, OR (iii) YOUR INABILITY TO USE THE VideoCustomizer SERVICES, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR VideoCustomizer SERVICESS, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF VideoCustomizer OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF VideoCustomizer OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Miscellaneous
Waiver and Severability of Terms. The failure of VideoCustomizer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by VideoCustomizer. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of Ireland and the EU, excluding its conflict of law provisions. You and VideoCustomizer agree to submit to the exclusive jurisdiction of the courts of Ireland.
Contacting VideoCustomizer
If you have any concerns regarding any VideoCustomizer Site, Product or Service, or these terms of service, and if you cannot satisfactorily resolve it through the use of those sites, products or services, you should complete a feedback form or write to us by email at help@videocustomizer.com Alternatively, we can be reached through our postal mail address:
If you object to any sharing of your personal information that may be permitted under these terms of service, you may do so by writing us at the above address. We will take reasonable steps to accommodate your requests as they relate to our business practices. In some instances, honoring your requests may interfere with or preclude your ability to use the VideoCustomizer Sites, Products and Services or may require us to terminate our relationship with you.
Copyright 2009. All rights reserved.
