TERMS OF SERVICE
Last Update: November 20, 2018
This web page represents a legal document that serves as the Terms of Service and it governs the use of our website, http://www.VIDITURE.com, sub-domains, associated web-based and mobile applications, or other offerings (collectively, "Website"), as owned and operated by VIDITURE, INC.
We may amend our Legal Terms at any time without specific notice to End User. The latest copies of our Legal Terms will be posted on our Website, and End User should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, End User agrees to be bound to any such changes. It is important for End User to periodically review our Legal Terms to ensure that acceptance remains informed.
By accessing this website, End User is agreeing to be bound by these website Terms and Conditions. End User is responsible for compliance with applicable laws and regulations. This service does not establish an attorney-client relationship. VIDITURE is not responsible or liable for actions taken by the Subscriber. arising from having read this information or using our services. End Users are solely responsible for any civil and/or criminal liabilities.
The recipient of the service is advised to contact an attorney (or attorneys) for a formal consultation before executing. End User are prohibited from using or accessing this site without agreeing to these terms of service.
The terms "us" or "we" or "our" refers to VIDITURE INC, the owner of the Website.
A "Visitor" is someone who merely browses our Website but has not registered as Subscriber.
An “End User” or "Subscriber" is an individual that has registered with us to use our Service.
Our "Service" represents the collective product/service functionality and features as offered through our Website to our Subscribers.
A "User" is a collective identifier that refers to either a Visitor or an End User/Subscriber.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Our Legal Terms shall be treated as though it were executed and performed in the State of California (United States) and shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles. In addition, End User agrees to submit to the personal jurisdiction and venue of such courts. Any cause of action by End User with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of VIDITURE, INC under our Legal Terms shall survive the termination of our Legal Terms.
To use VIDITURE’s products and services users must be either 18 years or older, have achieved the legal age of majority in the jurisdiction in which they reside, or be 16 or older and have parent / guardian consent
By using the VIDITURE products and services users represent and warrant that they have the legal right to do so
Using the VIDITURE products and services requires end users to agree to the dispute resolution method and process stated in this agreement
If End User have questions, contact [email protected]
End User Authorization and Acceptable Use Policy (AUP)
Permission is granted to temporarily download one copy of the materials (information or software) on VIDITURE, INC’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license End User may not:
1. modify or copy the materials;
2. submit fraudulent information or invalid ID;
3. misrepresent or forge documents and/or identity;
4. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
5. attempt to decompile or reverse engineer any software contained on VIDITURE, INC’s website;
6. remove any copyright, violate any applicable intellectual property right, or other proprietary notations from the materials;
7. transfer the materials to another person or “mirror” the materials on any other server;
8. engage in behavior deemed to be illegal, harmful, and/or offensive;
9. compromise security;
10. abuse the service offerings, including but not limited to, email, messaging, and network; or
11. engage in reporting violations.
This license shall automatically terminate if End User violate any of these restrictions and may be terminated by VIDITURE, INC at any time. Upon terminating End User viewing of these materials or upon the termination of this license, End User must destroy any downloaded materials in End User possession whether in electronic or printed format.
In addition to the conditions listed above, listing of offered products on the Website could be used only for lawful purposes by Users of the Website. End User shall not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, insert, or type) of VIDITURE, INC without express composed consent.
End User may not use any meta tags or any various other "unseen text" utilizing VIDITURE, INC's name or trademarks without the express written consent of VIDITURE, INC. End User agrees not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of VIDITURE, INC, in other way that is likely to trigger confusion among consumers, that disparages or challenges VIDITURE, INC or its licensors, that dilutes the strength of VIDITURE, INC's or its licensor's residential property, or that otherwise infringes VIDITURE, INC's or its licensor's copyright rights.
End User shall not abuse the Material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that VIDITURE, INC develops to generate or show any Material of the pages making up the Site is likewise secured by VIDITURE, INC's copyright, and End User may not copy or adjust such code.
VIDITURE, INC has no duty to keep track of any products published, transferred, or connected to or with the Site. If End User believes that something on the Website breaches these Terms, please contact VIDITURE at: [email protected]
If alerted by a User of any products which allegedly do not conform to these Terms, VIDITURE, INC. may explore the allegation and take any action it deems appropriate – in compliance with agreement and applicable law. The action may include removal of the content. VIDITURE’s duties are defined by the scope of this agreement only. There are no other duties for efficiency or nonperformance.
Additional / Optional Features
Should VIDITURE introduce additional / optional features, they are incorporated into this agreement by reference. End users should contact VIDITURE if any confusion or perceived conflict arises between features and this agreement
END USER ACCOUNT MANAGEMENT DUTY (USE OF VIDITURE SOFTWARE, SERVICES, WEB PRESENCE, OTHER)
To access the VIDITURE products and services end users must create an account. End users have the duty of protecting any personally identifiable information, including but not limited to: first and last names, credentials, or various other details of a personal nature ("Personal Data") gotten from the Site. End User disclosure of any Personal Data got from the Website might result in the immediate termination of End User account. VIDITURE, INC additional reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.
VIDITURE, INC does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each end user is accountable for updating and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
VIDITURE works to provide optimal availability of its products and services. Availability may be limited or suspended for maintenance and/or to address attacks or other threats. VIDITURE operates in compliance with applicable law and standards for product and service delivery. If there are question(s), please contact: [email protected]
VIDITURE SITE CONTENT
End users are solely responsible for any content entered – via the end user account - into VIDITURE web presences, products or services. VIDITURE retains the right to remove content that does not comply with the Authorized Use Policy.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to End User. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. VIDITURE, INC has no control over the legal documents and privacy practices of third-party websites; as such, End User accepts any risks when accessing any such third-party websites.
End User - Electronic Communication
End User is connecting with VIDITURE electronically when accessing the Site or sending emails to us. End User consents to get interactions online. VIDITURE may connect with End User by email or by uploading notifications on the Site. End User concurs that contacts, notifications, disclosure, and various other communications that VIDITURE provides to End User digitally are acceptable to meet legal requirements for written communications (consistent with applicable electronic signature law).
Compliance and Preservation
VIDITURE may retain or preserve certain information about end user accounts, where indicated by law, regulation, policy or standards applicable to compliance
VIDITURE owns all rights, title and interest in its products, services and their delivery to end users. End users receive the limited license stated in this agreement (only)
VIDITURE owns all data regarding installation, registration and use of its products, services and their delivery to end users. End users own the data entered for their account, subject to the compliance exceptions stated here in
Intellectual Property and Marks (Service, Trade, etc.)
VIDITURE retains all rights, title and interest in the intellectual property associated with its products, services and their delivery – unless stated otherwise. This includes trademarks, services marks logos, name, branding and any other applicable.
VIDITURE’s Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. End user use of our Website does not constitute any right or license for End User to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
VIDITURE Website is also protected under the Copyright Laws in many jurisdictions. End users are prohibited from copying, redistribution, use or publication. End User use of our Website does not grant End User ownership rights of any kind in our Website.
VIDITURE welcomes feedback and ideas that it may, at its discretion, consider for use in enhancing its offerings and service. Please contact VIDITURE at: [email protected]
At its discretion VIDITURE may elect to offer certain content, products and services from third-parties. If end user elects to use those offerings the end user is responsible for complying with the terms and conditions. End user understands that the third-party is responsible for those offerings and for the performance of those offerings (not VIDITURE).
End user is solely responsible for the full and timely payment of all fees associated with the use of VIDITURE offerings.
Both end user and VIDITURE agree that any confidential information will be kept confidential and returned to the disclosing party, should such information be exchanged – either accidentally or intentionally. Confidential information shall be defined as non-public or proprietary information in any form disclosed by or on behalf of either party that is either marked “confidential” or that a reasonable party would deem to be confidential by the circumstances under which it is disclosed
The materials and products and services offered via the VIDITURE, INC's web presence(s) are provided "as is".
VIDITURE, INC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, VIDITURE, INC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
The website and all details, content, materials, products (including software application) and services consisted of on or otherwise made available to End User through this site are provided by VIDITURE on an "as is" and "as available" basis, unless otherwise specified in writing. Additionally, VIDITURE makes no representations or warranties of any kind, express or implied, about the operation of this site or the info, material, materials, products (including software) or services consisted of on or otherwise made available to End User through this site, unless otherwise pointed out in writing. End User expressly agrees that use of this website is taken with the risks described.
To the extent permissible by applicable laws, VIDITURE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and physical fitness for a particular purpose. VIDITURE does not warrant that this website; details, content, materials, products (including software application) or services consisted of on or otherwise made available to End User through the site; its servers; or email sent from VIDITURE are without viruses or other harmful elements. VIDITURE will not be liable for any damages of any kind arising from the use of the site or from any details, content, materials, products (including software application) or services consisted of on or otherwise made available to End User with this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing.
Revisions and Errors
The materials appearing on VIDITURE website could include technical, typographical, or photographic errors. VIDITURE does not warrant that any of the materials on its website are accurate, complete, or current. VIDITURE, may make changes to the materials contained on its website at any time without notice. VIDITURE does not, however, make any commitment to update the materials.
Limitation of Liability
Except where required by applicable law, VIDITURE’s maximum liability shall be the refund of the cost of the offering purchased by end user
End User will defend, indemnify, and hold safe VIDITURE, INC, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content , (ii) End User use of any Content, or (iii) End User breach of the terms of these Terms. VIDITURE will provide notice to End User promptly of any such claim, match, or case.
Any claim relating to VIDITURE, INC’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions, and End User consent to exclusive jurisdiction and venue in such courts. Where appropriate, other laws and regulations essential to the performance of this transaction shall be applicable.
Any dispute that may not be brought in small claims court will be resolved through binding and confidential arbitration, at a place mutually convenient in the State of California. The arbitrator shall be a commercial arbitrator from the American Arbitration Association with experience in resolving commercial contract disputes – governed by the Commercial Arbitration Rules. If the parties cannot agree on a mutually convenient place, then the arbitrator shall select the place.
End user understands that this arbitration clause means that the parties are agreeing to either go to small claims court or to arbitrate. Both parties are foregoing the option of going to a court and to having a trial before a judge and / or jury. This clause applies to the fullest extent allowed by applicable law.
If this dispute resolution clause if found to be unenforceable, either in part or in full, by a court of competent jurisdiction then parties agree that all legal proceedings will occur in the State of California.
End users may not assign this agreement without VIDITURE’s written consent. VIDITURE may assign the agreement where allowed by law
End users represent that they are not named on any U.S. government denied party list, and that they will not permit access to VIDITURE products, services or delivery - should it be determined that Export Regulations apply
United States Government Restrictions
VIDITURE products, services, content and delivery are offered in full compliance with applicable Government law and regulations.
The terms and conditions of this agreement are severable. Should any provision(s) be found unenforceable, the parties agree that all other terms and conditions survive and remain enforceable in full.
The waiver of a breach of any term does not bind a party to continue the waiver. Also, the waiver of any term will not be construed as a waiver of any other term or breach
Taken together this constitutes the entire agreement between the parties, superseding any other
AGREEMENT (after reading this legally binding document, to continue to use VIDITURE’s offerings please click “Agreement”)
Last Update: November 20, 2018
As a condition of the use of this site, VIDITURE INC. wishes to advise its immediate and potential clients of the terms and conditions surrounding the capture of Internet Protocol (IP) addresses and record of the type of device being used. End User IP address, which is the internet address of End User computer/device along with browser type and operating system, are collected to help identify the geographical distribution of visitors to VIDITURE web presence’s and the means by which they are accessed. VIDITURE INC. holds its visitors and customers in high regard. The information collected will not be sold or misused.
“Personally Identifiable Information” (PII) includes information which, either alone or in combination with other information we hold about an End User, identifies the End User as an individual, including, for example, name, postal address, email address and telephone number
“Anonymous Data” means data that is not associated with or linked to PII and that does not permit the identification of individual persons, either alone or when combined with any other information available to a third party
NOTICE OF AUTHORITY AND COMPLIANCE
Payment Card Industry (PCI) Compliance - VIDITURE complies with PCI Data Security Standards (DSS), published by the PCI Security Council (www.pcisecuritystandards.org ), when processing credit card transactions and any others within its scope.
PERSONALLY IDENTIFIABLE INFORMATION (PII) AND COLLECTION
VIDITURE’s basic role in gathering data is to give End User a protected, secure online application for transmitting and signing contracts. VIDITURE gathers data to recognize clients, and to maintain individual client identity. Data gathering is done where VIDITURE determines it is vital to meeting client requirements and in compliance with applicable law, regulation and policy.
Publicly available content from the VIDITURE web presence may be browsed anonymously before an End User agrees to use. When an End User provides Personally Identifiable Information the End User is known to VIDITURE. By agreeing to use VIDITURE offerings the End User may be required to disclose contact and personal data, billing and shipping information and other data as showed on the forms throughout our Site. Where conceivable, VIDITURE demonstrates which fields are required and which fields are discretionary. End User generally has a choice to not give data by opting not to utilize a specific service or facility on the site.
For certain offerings additional data may be required from the End User to validate the use of certain products/services, including but not limited to: name, location, or last 4 digits of End User social security number. VIDITURE might additionally utilize financial data, including credit card data, to confirm the accuracy of End User name, location, and other data, and to charge End User for the utilization of products/services. VIDITURE will not knowingly share the data in a way that affects End User credit scoring.
In order to effectively analyze the flow of VIDIATURE web pages and ensure trust and safety in the use of the site, information-gathering techniques such as "cookies" may be utilized. "Cookies" are little records put on End User computer’s hard drive that support VIDITURE services provision. The data in “cookies” are not connected to any generally identifiable data End User may submit while on our site. VIDITURE offers certain features that can only be utilized via "cookies."
Similarly, VIDITURE utilizes “cookies” to permit End User to reduce the number of times required to enter End User password during a session on the site. It is important to note that most “cookies” are "session cookies," which means that they are temporary and are immediately erased from End User computer’s hard drive at the end of End User session on the site. End User(s) are given the right to disallow “cookies” if End User browser facilitates this. If this happens, then the End User may not be able to utilize certain features on our site. It may also become compulsory for End User to re-enter End User password more frequently during a session.
In the event End User creates a credit account to pay the fees that VIDITURE charges, we will collect some additional information, such as a billing address, a credit card number and its expiration date.
If End User uses VIDITURE to send or receive documents, the documents will be encrypted and stored in an account. The contents will be available only to those whom End User invites to view or to sign. VIDITURE employees do not have access to this information, nor can they access End User video/signature file or other data, stored in the system.
In the administration of services, if End User sends personal correspondence (e.g., emails, requests for demos or letters) VIDITURE may collect information into a file specific to End User. The information may include: End User name, email address and phone number, etc.
Personally Identifiable Information Use
Accessing, Reviewing and Changing End User Personal Information
VIDITURE allows End User to automatically access and modify any information End User submits by logging into the site and inputting new details. All users can change their password, contact and financial information and their user preferences by accessing the designated user profile area of the site. End User must promptly update End User personal information if it is inaccurate or no longer relevant. Please note that changing End User personal data will not impact any previously completed transactions. VIDITURE will not alter End User personal information, even if a request is received. Having End User, as the only account information editor, maintains the integrity of End User account.
Upon End User written request, VIDITURE will deactivate End User account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email [email protected] Such information will be deactivated as soon as reasonably possible based on End User account activity and in accordance with our deactivation policy and applicable laws.
To prevent fraud, collect any fees owed, resolve disagreements, troubleshoot issues, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law, some personal information, and past document transactions will be retained in our files. Therefore, users should not expect that all their personal information will be completely removed from our databases in response to their requests. Note, however, that while the information will be deactivated from normal Subscriber viewing, it will remain available to selected VIDITURE personnel as a part of our normal business operations.
End users are aware that any third-party links and features are provided as a convenience. End user understands that separate terms and conditions apply to third-party offerings. The third-party and end user shall reach a separate agreement. VIDITURE is not a party. End user is solely responsible for reading and considering any third-party agreement, before executing.
End User data is securely stored on VIDITURE’s servers situated in the United States. We utilize standard procedures to secure End User personal data against theft or loss and from unapproved access and disclosure to safeguard End User privacy with the use of encryption, "firewalls" and Secure Socket Layers. VIDITURE treats information as an advantage that must be secured against misfortune and unapproved access. Security methods are utilized to ensure such information is protected from unapproved sources both inside and outside of our organization. Perfect security is not possible. VIDITURE does take good faith effort(s) to provide appropriate security – in full compliance with applicable law, regulation and policy. If there are End User questions, please contact: [email protected]
VIDITURE will only retain end user information for as long as is reasonably necessary to deliver the product, service, content or capability agreed. This retention is subject to the compliance exceptions stated in this agreement.
Information About Any Use by Children
VIDITURE does not knowingly collect, maintain or use personal data from children under 16 years of age. If and end user learns that a child has provided information without appropriate content, alert VIDITURE via email: [email protected] so that we may delete the information and take any other corrective measures appropriate
International Data Transfer
If you are a non-U.S. user of VIDITURE offerings, you acknowledge and agree that your personal data will be processed as stated in this agreement
End User Rights
End users’ have a right to “opt out” of any direct marketing communications in which VIDITURE and/or its affiliates may engage. To opt-out please email: [email protected]
Complaints and Feedback
Have any complaints or feedback for VIDITURE? If yes, please contact us at [email protected] or via postal mail at 229 Budd Ave, Campbell, California 95008.
Changes to Policy