Terms of Use

Last Modified: November 7, 2018

THESE TERMS OF USE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND COMPANY, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “VLOGBOX ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED BELOW.

Acceptance

These terms of use are entered into by and between you and VlogBox, Inc., a Delaware corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of the VlogBox service, including any content, functionality, and services offered on or through it (“VlogBox”), as well as the VlogBox website, www.vlogbox.com, all subdomains thereof, and social media accounts and pages we operate (collectively, the “Site”), whether as a guest or a registered user. References herein to “VlogBox” shall also mean to include the Site, as the context requires. References herein to “you”, “your”, or “yours” shall refer to you.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU REGISTER WITH, USE, OR ACCESS VLOGBOX. BY REGISTERING WITH, USING, OR ACCESSING VLOGBOX, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, WHICH ALSO INCLUDES THE VIDEO PUBLISHING AGREEMENT, AND OUR PRIVACY POLICY, FOUND AT LINK, INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE VLOGBOX OR THE SITE. REFERENCES HEREIN TO “USE” OR “ACCESS” SHALL INCLUDING DOWNLOADING AND/OR INSTALLING (IF APPLICABLE), REGISTERING WITH, USING, AND/OR ACCESSING VLOGBOX, INCLUDING USING THE CONTENT, FEATURES, FUNCTIONALITY, AND/OR SERVICES OF VLOGBOX.

Changes

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our Site.

Your continued use of VlogBox following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We may send you a courtesy email if we have an email address on file for you notifying you of changes to the Terms of Use.

License Grant

Subject to these terms, the Company grants you a limited, non-exclusive, non-sublicenseable, and nontransferable license to: (a) register with, use, and access VlogBox and/or the Site on a computer, tablet, smartphone, mobile device, or any electronic device owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms and VlogBox’s documentation; and (b) access and use on such Device the services made available in or otherwise accessible through VlogBox and/or Site, strictly in accordance with these Terms.

Restrictions of License

You shall not: (a) copy VlogBox, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of VlogBox; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of VlogBox or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from VlogBox, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available VlogBox, or any content, features, or functionality of VlogBox, to any third party for any reason, including by making VlogBox available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting VlogBox; or (g) use VlogBox in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

Reservation of Rights

You acknowledge and agree that VlogBox, Site and their functionality is provided under license, and not sold, to you. You do not acquire any ownership interest in VlogBox and/or Site under these Terms, or any other rights thereto other than to use VlogBox and/or Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to VlogBox and/or Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Collection and Use of Your Information

You acknowledge that when you register with, use, or access VlogBox and/or Site we may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of VlogBox and/or Site. You also may be required to provide certain information about yourself as a condition to registering with, using or accessing VlogBox, Site or certain of their content, features, or functionality, and VlogBox and/or Site may provide you with opportunities to share information about yourself with others. You acknowledge and accept that VlogBox and/or Site may have certain content, features, functionality, or services that are based on artificial intelligence, digital signal processing, and machine learning systems, which may also be collecting information on your use and access of VlogBox and/or Site. All information we collect through or in connection with VlogBox and the Site is subject to our Privacy Policy incorporated herein by reference. By registering with, using, accessing and providing information to or through VlogBox and the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Updates

We may from time to time in our sole discretion develop and provide updates for VlogBox and/or otherwise make changes to all or parts of VlogBox and/or the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality.

We may or may not backup any or all content, features, functionalities, services, or aspects of VlogBox and/or Site; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

Further, we reserve the right to in any way modify the content, features, functionality, status, settings, condition, and/or other personal features of VlogBox and/or Site for a user at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.

You further agree that all Updates will be deemed part of VlogBox and be subject to all terms and conditions of these Terms.

Third Parties

Use and access of VlogBox may entail use and access of third-party platforms, software, applications, or other tools. You hereby acknowledge and accept that in order to provide you with VlogBox, we may integrate with such third parties, including transmitting and receiving information in accordance with these Terms, including our Privacy Policy.

Accessing and Account Security

To access VlogBox and/or some of its content, features, functionality, and/or services, you may be required to register a user account (“Account”) or sign an order form where you may be required to share certain personal information. It is a condition of your use of VlogBox that all the information you provide is correct, current, and complete. You agree that all information you provide to register with VlogBox in any way or otherwise, including but not limited to through the use of any content, features, functionality, or services on VlogBox, is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

Further, if such functionality exists, you may be provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to VlogBox or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You acknowledge and accept that certain content, features, functionality, and/or services of VlogBox may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of VlogBox may be available subject to payment by you.

We reserve the right to withdraw or amend VlogBox, and any content, features, functionality, and services we provide on VlogBox, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of VlogBox is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of VlogBox at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of VlogBox, to users, including registered users.

You are responsible for (i) making all arrangements necessary for you to have access to VlogBox; and (ii) ensuring that all persons who access VlogBox through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

VlogBox, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into VlogBox and/or the Site, and the client and server software, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that you have no rights or title in or to any content that appears in VlogBox and/or the Site, including any virtual goods or currency appearing or originating in VlogBox and any other attributes associated with your access and use of VlogBox or stored on VlogBox’s server. As provided above, all such content, features, and functionality shall be owned by us, our licensors, or other providers of such material.

You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.

These Terms of Use may permit you to access and use VlogBox and the Site for your personal commercial use if such use is directly expressed in a written agreement signed between you and us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on VlogBox, except as follows: (i) your Device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Device for display enhancement purposes.

You must not: (i) modify copies of any materials from VlogBox; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of VlogBox or any services or materials available through VlogBox.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of VlogBox in breach of the Terms of Use, your right to use VlogBox may be ceased immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to VlogBox or any content on VlogBox is transferred to you, and all rights not expressly granted are reserved by us. Any use of VlogBox not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the names and application icons of VlogBox, the Company and VlogBox logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on VlogBox are the trademarks of their respective owners.

Prohibited Uses

You may use VlogBox and the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use VlogBox or the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of VlogBox or the Site, or which, as determined by us, may harm the Company or users of VlogBox or the Site or expose them to liability.

Additionally, you agree not to:

  • Use VlogBox in any manner that could disable, overburden, damage, or impair VlogBox or interfere with any other party’s use of VlogBox, including their ability to engage in real time activities through VlogBox;
  • Use any robot, spider or other automatic device, process or means to access VlogBox for any purpose, including monitoring or copying any of the material on VlogBox;
  • Use any manual process to monitor or copy any of the material on VlogBox or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of VlogBox;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of VlogBox, the server on which VlogBox is stored, or any server, computer, Device, or database connected to VlogBox;
  • Attack VlogBox via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of VlogBox.

Reliance on Information Posted

The information presented on or through VlogBox and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of VlogBox and/or the Site, or by anyone who may be informed of any of its contents.

Third-Party Materials and Links

VlogBox and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, including through links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to VlogBox and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

DMCA Disclaimer

All pictures copyright to their respective owner(s). This Site does not claim ownership of any of the pictures displayed on this site unless stated otherwise. This Site does not knowingly intend or attempt to offend or violate any copyright or intellectual property rights of any entity. Some images used on this Site may be taken from the web and believed to be in the public domain. In addition, to the best of this Site’s knowledge, all content, images, photos, etc., if any, are being used in compliance with the Fair Use Doctrine (Copyright Act of 1976, 17 U.S.C. § 107.) The pictures are provided for comment/criticism/news reporting/educational purposes only.

If any images posted here are in violation of copyright law, please contact us at legal@vlogbox.com and we will gladly remove the offending images immediately upon receipt of valid proof of copyright infringement.

Official DMCA Copyright Infringement Notification

Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate
    the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note that under Section 512(f)
    any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages.

To expedite our ability to process your request, such written notice should be sent to legal@vlogbox.com.

Purchases and Payments

VlogBox or the Site may in future provide the possibility of purchases. Purchases and the payments thereof will be processed through a third-party vendor, and the processing of such payments, refunds, accuracy of payment methods and related matters are governed by the policies of such vendors making VlogBox available to users. Purchases with VlogBox are non-refundable.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that VlogBox and any material, content, functionality, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF VLOGBOX OR ANY SERVICES OR ITEMS OBTAINED THROUGH VLOGBOX OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.

YOUR USE OF VLOGBOX, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH VLOGBOX IS AT YOUR OWN RISK. VLOGBOX, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH VLOGBOX ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO VLOGBOX, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF VLOGBOX, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH VLOGBOX, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT VLOGBOX OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT VLOGBOX OR ANY SERVICES OR ITEMS OBTAINED THROUGH VLOGBOX WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, VLOGBOX, ANY SITES LINKED TO IT, ANY CONTENT ON VLOGBOX OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH VLOGBOX OR SUCH OTHER SITES OR SUCH OTHER PAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO VLOGBOX OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE
YOUR USE OF VLOGBOX. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, THE COMPANY MAY, AT ITS OPTION, INSTEAD DECIDE TO RE-PERFORM THE SERVICES WHICH ARE PERFORMED THROUGH VLOGBOX. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, partners, owners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of VlogBox, including, but not limited to any use of VlogBox’s or the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from VlogBox.

Regulation of Export

VlogBox may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release VlogBox to, or make VlogBox accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making VlogBox available outside the US.

Jurisdiction and Governing Law

All matters relating to VlogBox and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or VlogBox shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles, State of California, although.

Binding Individual Arbitration

The term “Dispute” means any dispute, claim, or controversy between you and any of the VlogBox Entities regarding any services of Company, VlogBox or Site, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of the class action waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any VlogBox Entity or any of a VlogBox Entity’s officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described below, you and VlogBox Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed as the exclusions from arbitration mentioned below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

YOU AND VLOGBOX ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A VLOGBOX ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS OF USE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 3500 S DUPONT HWY, DOVER, KENT, DELAWARE, 19901, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR EMAIL, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY VLOGBOX ENTITY THROUGH ARBITRATION.

IF YOU HAVE A DISPUTE WITH ANY VLOGBOX ENTITY, YOU MUST SEND WRITTEN NOTICE TO 3500 S DUPONT HWY, DOVER, KENT, DELAWARE, 19901, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE VLOGBOX ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the VlogBox Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the VlogBox Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND VLOGBOX ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.

If you or VlogBox Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Because the service provided to you by VlogBox Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at
www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the VlogBox Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the VlogBox Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

You or the VlogBox Entity you have a Dispute with may initiate arbitration in either County of Los Angeles, California or the United States county in which you reside. In the event that you select the county of your United States residence, the VlogBox Entity you have a Dispute with may transfer the arbitration to County of Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the VlogBox Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Notwithstanding anything mentioned herein we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This section survives any termination of these Terms of Use or the provision of services to you.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR VLOGBOX MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to VlogBox and its Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral in connection to the VlogBox or Site. Your use of and access to our pages on social media platforms may also be subject to the respective terms of use and privacy policy of such platforms.

Comments and Concerns

VlogBox is operated by VlogBox, Inc., a Delaware corporation with the registered address at 3500 South DuPont Highway, Dover, Kent, Delaware, 19901, USA.

All other feedback, comments, requests please send to info@vlogbox.com