Videomaker Inc. Terms and Conditions of Use

Welcome to our website. This site is provided by Videomaker.com, Inc. (referred to throughout this document as "Videomaker.com") as a service to our customers. It is one of several websites managed and maintained by Videomaker.com whose use is subject to the conditions contained herein. Please note that your use of this and any of our sites, mobile app or other offerings through other media (of Videomaker Inc.”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of any site or offering through the Videomaker Inc. you to these Terms and Conditions.

Privacy 

Please click here to review our Privacy Policy which also governs your visit to sit or offering through the Videomaker Inc, to understand our practices.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Videomaker.com, Inc. or its content suppliers and protected by United States and international copyright laws.

 

The compilation of all content on this site is the exclusive property of Videomaker.com and protected by U.S. and international copyright laws. All software used on this site is the property of Videomaker.com or its software suppliers and protected by United States and international copyright laws.

License and Site Access 

Videomaker.com, Inc. grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Videomaker.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

 

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Videomaker.com.

 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Videomaker.com, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Videomaker.com, Inc.'s name or trademarks without the express written consent of Videomaker.com. You may not use Videomaker.com’s trademark, trade dress or other intellectual property for any purpose in any way without the express written consent of Videomaker.com. You may not use any direct linking or source-calling of any media presented on this web site.

 

Any unauthorized use terminates the permission or license granted by Videomaker.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Videomaker.com so long as the link does not portray Videomaker.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Videomaker.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Minors

If you are under 18, you may use Videomaker.com only with consent of a parent or guardian. Videomaker.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other User Content

Videomaker.com allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content on Videomaker.com (“Content”). Content should be written in English. If you do post Content, the Content must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. You will not post content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. Videomaker.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

By submitting Content, you warrant that (1) you are the sole author and owner of the Content (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violation any terms of this Agreement and will not cause injury to any person or entity.

For all Content you post, upload or otherwise make available (“Provide”) to Videomaker.com,  you grant Videomaker.com, Inc., its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store and create derivative works from such Content, in any form, format, or medium of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Videomaker.com to share the Content across all web sites, advertisements, media and other medium, affiliated with Videomaker.com, to include the Content in a searchable format accessible by users of the Videomaker.com Network, to place advertisements in close proximity to such Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any Content you provide to Videomaker.com. You also grant Videomaker.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You grant Videomaker.com and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the Content you Provide does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Videomaker.com for all claims resulting from Content you Provide.

 

When posting or sharing do not post or share content containing your full name(s) or other confidential identifiable information of yourself or others. With regard to sharing personal information, doing so is at your own risk. Videomaker.com is not responsible for damage or harm resulting from your choice to share personal information. Anything you upload to our app site, excluding payment information, can and will be viewed by your team members. 


You are responsible for your own data and usage costs.

Pricing

While Videomaker.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Videomaker.com cannot confirm the price of any item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Videomaker.com shall have the right, at our sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Shipping Policies" section of the website. If your order is unable to ship within 24 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits and Dealer Sales

Videomaker.com reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Videomaker.com also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact our Sales Team.

Product Descriptions

Videomaker.com attempts to be as accurate as possible. However, Videomaker.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.

 

We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.

Indemnification

You agree to defend, indemnify and hold Videomaker.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your misuse of the site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY VIDEOMAKER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIDEOMAKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIDEOMAKER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VIDEOMAKER.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE VIDEOMAKER.COM WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability 

NEITHER VIDEOMAKER.COM NOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL VIDEOMAKER.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO ANY CLAIM.

Applicable Law

This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. Any action or proceeding arising out of or related to these Terms of Use or your use of this site will be subject to binding arbitration following rules established by the American Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to this and all other Videomaker.com websites. Videomaker.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Videomaker.com web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.