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Terms of Service

I. Acceptance of Terms

The services and/or products provided to you by Ads by Video (hereinafter referred to as the “Company”, the “Site” or the “Website”), its subsidiaries, agents and affiliates are subject to the following Terms of Service and Privacy Policy(hereinafter referred to as the “TOS”). If you do not understand or agree to be bound by (or cannot comply with) any part of the TOS described herein, you must immediately cease using the Site. The Company reserves the right to update the TOS at anytime, with or without notice to you. The current version of the TOS can be reviewed by following the URL link at the footer of the Company’s web pages.

II. Non-Commercial Use

The materials, products and services provided on web pages owned and/or controlled by the Company, including the information and any images incorporated in the Company’s website, products and/or services is for your private personal non-commercial use only. You may not, without prior written consent from the Company, modify, republish, post, copy, display, perform, reproduce, license, create derivative works from, sell or transmit anything you obtain or download from the web pages owned and/or controlled by the Company.

III. Eligibility

The Company’s website, products and/or services are intended for use and access solely by those individuals that are eighteen (18) years of age and older. By using and/or accessing the Company’s website, products and/or services, you represent and warrant that you have the right and capacity to enter into this agreement. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this TOS agreement and any other associated agreement and that:
  1. all registration information you provide is truthful and accurate;
  2. you will update the registration information as necessary to maintain its accuracy;
  3. you are at least eighteen (18) years of age;
  4. your use of the Company’s website, products and/or services does not violate any applicable law; and
  5. you are not a registered sex offender.
The Company reserves the right, at its sole discretion, to immediately terminate your account if the Company believes you are under the age of eighteen (18).

IV. Your Content

Through use of the Company’s website, products and/or services the Company provides you access to a variety of resources and content. The Company’s website, including any updates, enhancements, add-ons, improvements, additional features, upgrades and/or the addition of any new functionality are subject to this TOS. Through use of the Company’s website, products and/or services you may be provided the capability to submit images, photos, reviews, messages, posts, public profile information, votes or other content (hereinafter, “Your Content”). You are solely responsible for Your Content and no ownership rights are created in the Company by way of you submitting Your Content to the Company’s website. Once provided, the Company may or may not provide means for you to remove all or a portion of Your Content. Your responsibility related to Your Content includes anyone’s reliance upon the quality, accuracy or reliability of Your Content. Furthermore, you hereby assume all risk related to Your Content and to anyone’s use of Your Content. Additionally, by submitting Your Content, you are representing and warranting that you have the right to submit Your Content. This includes representing and warranting that Your Content:
  1. is not false or misleading;
  2. is only placed in applicable categories, forums or lists on the Site;
  3. is not defamatory; or
  4. does not violate any third-party’s trademarks, patents, copyrights, trade secrets, moral rights, privacy rights, rights of publicity or any other intellectual property, contractual or other proprietary right.
You also represent and warranty that Your Content is not:
  1. unlawful in any manner;
  2. comprised of speech that may violate laws related to hate speech;
  3. pornographic material;
  4. material that harms or otherwise exploits minors;
  5. content, except as allowed by local, state and federal law, related to the sale or trade of regulated articles, including, firearms and other dangerous weapons, ammunition, tobacco, alcohol, alcoholic beverages, and controlled substances;
  6. content related to dating or sexual activities of individuals under the age of eighteen (18);
  7. content related to the use of alcohol targeted at individuals under the age of twenty-one (21);
  8. content related to prostitution or the exchange of sexual or erotic services for pecuniary gain;
  9. content that encourages or promotes the suffering or death of any individual or animal, including, but not limited to, torture, rape, physical abuse and violence;
  10. content that is derogatory or inflammatory to any individual or group based on sexual orientation, disability, race, color, ethnicity, religion, age or gender;
  11. content related to or promoting gambling, including games of chance, sports betting, operations similar or equivalent to those found at casinos and card games;
  12. content related to or promoting illegal activities, including chain letters, pyramid schemes, sweepstakes (except as otherwise provided for in this Agreement), trafficking, sale or trade of false documents or credentials;
  13. content that contains harmful functionality, including, but not limited to, viruses, Trojans, worms, spyware and adware;
  14. subversive to the government or other organization in a manner prohibited by law; or
  15. in violation of any applicable law or regulation.
By submitting Your Content, you are providing the Company a worldwide, non-exclusive, royalty-free, paid-up, irrevocable license in Your Content with the right to sublicense or transfer all or a portion thereof of the aforementioned rights for any purpose. Further, you irrevocably grant users of the Company’s website, products and/or services the right to access Your Content. You also agree to waive any claims or assertions against the Company, its affiliates and users of moral rights with respect to Your Content.

V. Company’s Use of Your Content

By way of the aforementioned license you have granted to the Company in relation to Your Content, the Company and its affiliates may use Your Content in a variety of ways, including, but not limited to:
  1. publicly displaying Your Content;
  2. changing or manipulating Your Content for use with the Company’s website, products and/or services;
  3. utilizing Your Content for advertising purposes or in advertisements;
  4. distributing Your Content; and
  5. promoting Your Content.
You shall not be entitled to any compensation or remuneration for the Company’s use of Your Content in any manner, including, but not limited to, the use of Your Content in paid advertisements. Furthermore, the Company is not required to, nor will the Company, credit you, your ownership or rights in Your Content when the Company utilizes your content in the aforementioned manners.

VI. Removal of Content

The Company reserves the right to remove or alter some or all of Your Content, at the Company’s sole discretion and without notice to you. The Company is not required to maintain or provide a copy of Your Content in its original form, nor does the Company agree to any confidentiality or provisions of non-disclosure with respect to Your Content. If you believe your work has been copied and posted on or through the Company’s website, products and/or services in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the “Offending Material”), please send the Company’s Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material’s use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature. The Company’s Copyright/Trademark Compliance Agent can be reached by sending a letter, via certified mail to:

Ads by Video c/o Infringement Protection 7301 Ranch Road 620N Suite 155-196 Austin TX 78726-4537

VII. User Accounts

The Company may require you to open an account and provide certain registration information as prompted by one or more registration forms. You are responsible for maintaining the confidentiality of your passwords and usernames provided to the Company. You are entirely responsible for any and all activities that occur on your account. The Company is not liable for any loss that you may incur as a result of someone else’s misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by the Company, its affiliates, representatives, agents or assigns due to someone else using your account or password. You agree that your username will not contain any vulgar or offensive terms, words, phrases or in any other way violates this agreement. The Company reserves the right, at its sole discretion, to immediately terminate any account it believes uses a username in violation with this section of the agreement.

VIII. Online Conduct

By using the Site, you agree that you will be solely and personally responsible for your use of the Site and its Services and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders and directors from all claims for liabilities, losses and expenses, including reasonable attorney’s fees, from third parties arising from your conduct. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, violates this provision, including, without limitation, removing the offending content from the Company and its Services and terminating the account of such violators and/or reporting such content or activities to law enforcement authorities or other governmental agencies. In addition, you agree not to engage in any of the following:
  1. You agree not to post, transmit, promote or distribute illegal content.
  2. You agree not to facilitate or promote illegal activities or conduct that is harassing, threatening, abusive, disparaging, libeling, slandering, defaming, embarrassing, or otherwise engaging in any other disruptive behavior including facilitating or promoting information that you know is false or misleading.
  3. You agree not to post, transmit or facilitate the distribution of Content that is offensive, harmful, abusive, racist, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
  4. You agree not to post, transmit, promote or facilitate illegal or unauthorized copy of another person’s copyrighted work or infringe upon any intellectual property rights, including the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or company that you do not own or have the right to freely distribute.
  5. You agree not to attempt in any way (or authorize, encourage or support other’s attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Company or its Services. Additionally, you agree not to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
Furthermore, you hereby agree to immediately advise us promptly of any such unauthorized use(s) or attempt(s).
  1. You agree not to access, alter, delete or cancel another User´s Account, or any User profile information or User content.
  2. You agree not to solicit or attempt to obtain any login information, passwords, social security numbers, credit card information or other personal or financial information from other Users. Moreover, you agree not to tell anyone, including staff, your password and not to enter your password in any website or form outside of the Site or in any survey, either inside or outside of the Site.
  3. You agree not to provide on the Site or to the Company, including employees of the Company, your social security number, credit card information unless the disclosure is associated with a valid transaction for the purchase of products or services through the Site.
  4. You agree not to impersonate other Users, indicate that you are an affiliate, employee or agent of the Company, or attempt to mislead Users by indicating that you represent the Company or any of the Company’s licensors or affiliates.
  5. You agree not to engage in, claim to engage in, promote, or encourage any illegal, fraudulent, or criminal activity including, but not limited to making or buying illegal weapons, making or buying illicit controlled substances, violating someone’s privacy, hacking, cracking, phishing, creating and distributing computer viruses or counterfeit software.
  6. You agree not to post or distribute files, images, link, or content that may contain or lead to a virus or viruses or corrupted data, or contains nudity, excessive violence, offensive subject matter or any sexually suggestive behavior or otherwise constitutes Prohibited Content as described above.
  7. You agree not to post messages for any purpose other than personal communication, including, without limitation, advertising, contests, sweepstakes, barters, promotional materials, chain letters, and/or pyramid schemes without prior written consent from the Company.
  8. You agree not to improperly use customer support resources to make false reports to the Company.
  9. You agree not to modify, reproduce, distribute or remove or create any derivative works of the Company or any content displayed therein, or any component thereof including, but not limited to copyright, patent, confidentiality, or other notices, labels or legends on the Site.
You agree not to add content to your profile or anywhere else on the Site that obscures or hides Site logos, trademarks, buttons, links or banners, or alters the format or appearance of the Site in any other way. We reserve the right to delete any such User Content at its sole and absolute discretion and without informing Users.

IX. Termination/Suspension

The Company reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any or no reason at all, without your consent, prior notice or explanation and without liability. You may terminate or suspend your account at anytime for any reason.

X. Unlawful Use

You agree not to use the website, products and/or services provided by the Company for any purpose that is unlawful or prohibited by any state, federal or applicable international law. The Company reserves the right to terminate your use of its website, services and/or products and/or prosecute any violations of this policy.

XI. Links and Vendors

The Company provides, for your convenience, links to some of its affiliates, other third-party organizations and access to the products and services of third-party merchants and vendors. Unless stated otherwise, these linked sites, products and services are not under control of the Company and the Company does not warrant, nor is it responsible for the contents of any linked site or the product or services provided by any third-party merchant or vendor. The links do not indicate an endorsement of the linked site by the Company. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

XII. Unsolicited Ideas or Suggestions

The Company or any of its employees do not accept or consider unsolicited ideas. The Company asks that you do not send any artwork, samples, demos or other works. The Company wishes to avoid any potential misunderstandings or disputes that may arise if an idea of the Company may seem similar to those you submit. If you do submit ideas or materials to the Company, the Company makes no assurances that your submission will be treated as confidential or proprietary.

XIII. Disclaimer

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITE AND THE COMPANY´S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE INFORMATION ON THE SITE IS FOR ENTERTAINMENT PURPOSES AND EDUCATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE IS NOT INTENDED TO BE USED TO TREAT, CURE, DIAGNOSE ANY MEDICAL OR OTHER CONDITION, ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL OR OTHER HEALTHCARE PROFESSIONAL PRIOR TO STARTING ANY NEW TREATMENT, DIET OR OTHER ACTIVITY THAT MAY HAVE AN IMPACT ON YOUR HEALTH.

XIV. Limitations of Liabilities

THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE OR ITS SERVICES WILL BE SAFE OR SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS SERVICES IS TO STOP USING THE SERVICE, AND TO TERMINATE YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL THE COMPANY, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, WEBSITE, INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY OF THE COMPANY’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY´S AND THE COMPANY’S LICENSORS’, AFFILIATES´, EMPLOYEES’, OFFICERS’, MEMBERS’, MANAGERS’, ATTORNEYS’, ADVISORS’, PARTNERS’, INVESTORS’, LENDERS’ OR DIRECTORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, YOU RELEASE THE COMPANY AND THE COMPANY’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

XV. Copyright

All content information and images posted on this Site are subject to copyrights ownership by Ads by Video and other individuals or entities. Any content or material whether full or in part may not be modified, republished, posted, copied, displayed, performed, reproduced, licensed, have derivative works created from, sold or transmitted without prior written consent from Ads by Video or the copyright owner. If you feel that these images are being used without your consent, please contact us in the manner described in Section VI (Removal of Content) above.

© 2014 Ads by Video, All Rights Reserved.

XVI. Trademarks

Any rights not expressly granted herein are reserved.

XVII. Jurisdiction – Forum Selection

Unless otherwise specified in a written agreement provided by and executed by the Company, the laws of Texas shall govern and control, without reference to its conflicts of law principles, any action concerning the website(s) and Services provided by the Company. By using the Company’s website service and/or products provided by the Company, you are agreeing that any and all disputes arising out of or relating to the TOS will be first negotiated in good faith by the parties, and if such negotiations do not result in a mutually agreeable resolution, either you or the Company may bring a claim against the other, provided that such a claim shall be exclusively venued in the state or federal courts located in Travis County in the State of Texas. You and the Company hereby irrevocably submits to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non conveniens.

XVIII. Successors and Assigns; Third Party Beneficiaries

This TOS is binding upon and will inure to the benefit of you and the Company and its respective permitted successors or assigns. Nothing in this TOS, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this TOS.

XIX. Privacy

Visitors of the website may view the various web pages without providing any personal information. If you desire to have the Company provide services or goods to you or an organization of which you have representative capacity, the Company may ask you to provide certain information about yourself or your organization by filling out and submitting one or more forms. Providing personal information is optional, but the Company reserves the right to refuse service to you if you are unable or unwilling to provide certain requested personal information as determined by the Company. The Company may provide products and/or services that may require you to accept one or more privacy policies of third party providers. It is your duty to familiarize yourself with the privacy policies of the third party providers. If you do not accept the privacy policy of the third party providers, the Company reserves the right to refuse services to you. In order to reduce errors in our database(s), authenticate our users, prevent fraud and prevent abuse of the Company’s web site and/or the product and services the Company provides, as well as to provide more consistent, relevant experiences to the Company’s users, the Company may on occasion supplement or correct the personal information you submit to the Company and your Internet Protocol (IP) address with information in our other databases or information from third-party sources. As permissible, the Company may also supplement the personal information you provide to the Company with demographic and other information stored in third-party databases in order to make it more likely that communications the Company may send will be of interest to you. The personal information that you provide in connection with the use of the website or the products and/or services provided by the Company is protected in numerous ways. Access to your personal information collected during the purchasing of a product or service is available through a password and unique user ID. The password is encrypted. The Company recommends that you do not divulge your password to anyone. In addition, your personal information resides on secure servers that only selected personnel and contractors have access to via password. The Company encrypts your personal information as it is transferred to the Company and thereby strives to prevent unauthorized parties from viewing such information. Certain Personal information not accessible online by you (e.g., IP address) that you provide is accessible only to selected personnel and contractors via password and is not modifiable by you. The Company collects your information in order to record, support and facilitate your use of the website and to prevent fraud and unlawful use. If you purchase or register for products and/or services, the personal information may be used to register your rights, if any, to technical support or other benefits that may be made available to users. Your personal information may also be used to track your preferences in order to provide an experience customized to your tastes, or to contact you in regards to changes to the site that may affect your account or to update you as to new or updated features. The Company does not share personal information it receives from residents of California or from residents of any other place with such other organizations for marketing purposes unless the Company has received an opt-in from you. The Company may collect information about the use of the web site and the third party software packages listed therein, such as the number of downloads, services purchased/utilized, how many users visit the website daily, web pages visited, and the IP address of your computer. This information is generally collected in aggregate form, without identifying any user individually, although IP address and Session ID in relation to purchases may be tracked as part of the Company’s customer order review and fraud prevention efforts. The Company may use aggregate, non-identifying statistical data for improving the website and the products and services provided by the Company. The Company recognizes and appreciates the importance of responsible use of information collected on the website and in connection with the products and services provided by the Company. The Company will respect your legal rights regarding access to, and correction and deletion of, your personal information. The Company may communicate information to you regarding products, services, and special offers available from the Company unless you have opted not to receive such communications or such communications are prohibited by law, although in such cases the Company may find it necessary to continue to communicate with you regarding your use of the website and the products and services. In addition, you may receive communications and special offers from selected third party providers, but only if you previously opted in to receive such communications. The Company will not provide your name to other companies or organizations without your consent. If you have opted to receive email communications from our selected third party providers and later wish to discontinue receipt of these emails, please contact those third parties directly to update your preferences.

XX. Disclosures Required by Law and Other Instances

There are other instances in which the Company may divulge your personal information, such as when required by law, regulation, or litigation. The Company may also disclose your personal information if the Company determines that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

XXI. Tracking

In order to improve the services and products of the Company’s and the Company’s website, the Company may utilize “cookies,” “web beacons,” and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables the Company to record your passwords, purchases, and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user-initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data. The Company may use cookies and similar devices to track your use of the website and the products and services, and web servers may automatically log the IP/Internet address of your computer. The Company does not generally use this information to identify you personally. If you expressly provide consent for the website or the products and/or services to record the unique identifier that you select when you register for various activities on the website or the products and/or services, that unique identifier will be stored on a persistent cookie on your computer and that unique identifier will be linked to your personal information. As a result, your navigation path around the website and the products and/or services may be tracked in identifiable form.

XXII. Public Contributions

Through your use of the Company’s website, products and/or services, you may contribute information (e.g., reviews, photos, messages, forum posts, public profile information, voting). The Company may store this information (hereinafter, the “Public Contribution”). Public Contributions may be shared with other users and/or used for other purposes as deemed appropriate by the Company. The Company is not responsible for the information shared by you in any Public Contribution. Any Public Contribution may be disseminated by the Company and provided to third-parties for use and publication with the websites, products and/or services of the third-party.

XXIII. Contests and Promotions

The Company may run contests or other promotions on the Company’s website, products and/or services that request entrants to submit personal and/or contact information that will be collected and stored. The Company may use the information collected and stored to verify the entrant’s eligibility to participate in the contest or other promotion and to communicate with the participant. The Company will not share the entrant’s information with any third-party unless the participant is the winner or as may be required by law.

XXIV. Investigations

The Company and its affiliates reserve the right to investigate, review and enforce any appropriate terms or policy applicable to a user. The Company may make any disclosure reasonable necessary to: i) prevent illegal activity from occurring or continuing to occur on the Company’s website, ii) enforce any section or term contained in any of the Company’s agreements, iii) comply with any request received from a court or government agency with proper authority to make such a request, d) protect the rights, security, reputation, dignity, and/or property of the Company, the Company’s affiliates, users and/or the general public.

XXV. Purchase of Products/Services

Purchasing products or services from the Company may require you to provide credit card, debit card, ACH, billing information or other information related to financial products you possess (hereinafter, the “Purchasing Data”). The Company may collect and store the Purchasing Data. The Purchasing Data will be shared only with third-parties and affiliates required to perform tasks required to complete the purchase of a product or service provided by the Company or its affiliates. The Company will encrypt the Purchasing Data before transmission.

XXVI. Payment Terms

When confirming a payment or transaction with the Company, you agree and hold full responsibility to paying the full amount for that transaction. A part of the payment or transaction may include taxes, shipping costs, or other similar fees. The Company will work with you in order to make sure you are happy with the services provided on the Site. However, as it may be difficult or impossible to determine the nature and complexity of transactions in general prior to your request for a refund, full or partial refunds and the amount of each refund will be at the sole discretion of the Company. We are not responsible or liable for your purchase after the purchased product(s) and/or service(s) have been delivered. Any services purchased, bought, traded, transferred, or given does not transfer ownership, it is merely licensed to you. Purchases may not be traded. There are no warranties of any kind with respect to any service obtained through the Site. When conducting a payment through the Company, You confirm that you are legally authorized/permitted to use that payment source. If you pay using a debit card and there is an overdraft fee or any other related fee, we are not responsible for that fee. You agree to authorize the Company, using third parties directly or indirectly, to make any inquiries that the Company considers necessary at the Company’s discretion pertaining to your identity and creditworthiness. The Company may terminate your transaction if the Company believes that the transaction violates the terms of this Agreement or the Company believes that the transaction may result in financial loss. The Company may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if the Company believes doing so may prevent financial loss. The Company may contact your payment source issuer, law enforcement, or impacted third parties and share details of any transactions you have participated in if the Company believes doing so may prevent financial loss or a violation of law. If your payment source issuer or PayPal® disputes a charge for a transaction you participated in, the Company reserves the right to expire the respective products or services at any time without warning. If you purchase products or services from the Company and your payment method fails or your account is past due, the Company may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum. If you believe that an unauthorized, illegal, or otherwise problematic transaction has occurred under your account, you agree to notify the Company immediately. To the fullest extent permitted by law, you waive all claims against the Company related to payments unless you submit the claim to the Company within 30 days after the charge. You are responsible for and agree to reimburse the Company for all fees, fines, penalties, costs and other liabilities incurred by the Company that were caused or arose out of payments that you authorized. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased the Company has no liability for such goods or services. The Company has no obligation to intervene in disputes between users, or users and third parties.

XXVII. Monitoring

The Company monitors the Site and the Services for content that is or may be in violation of the terms of this Agreement. However, the Company does not guarantee that any information contained on the Site is accurate, complete, factual or authenticated.

XXVIII. Entire Agreement

This TOS sets forth the entire agreement and understanding of you and the Company relating to the subject matter hereof and merges all discussions, representations, covenants, promises, discussions, negotiations, and exchanges between you and the Company with respect thereto.

XXIX. Modification and Waiver

No modification of or amendment to this TOS will be effective unless in writing signed by an authorized representatives of the Company. No waiver of any rights is to be charged against the Company unless such waiver is in writing signed by an authorized representative of the Company.

XXX. Unenforceable Provisions

If any provision of this TOS is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this TOS will remain in full force and effect, and, if legally permitted, such offending provision shall be replaced with an enforceable provision that as nearly as possible gives effect to the Company’s intent.

XXXI. Contact Information

If you wish to contact the Company for any reason, please address your inquiries to:

Ads by Video 7301 Ranch Road 620N Suite 155-196 Austin, TX 78726-4537

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