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This Agreement describes the legal relationship between you (or the person, firm or entity that you are representing, referred to in this Agreement as "you"), and TotalVid, Inc. (referred to in this Agreement as "we" or "us") relating to your use of the TotalVid.com online service. Please read this document carefully. By using the TotalVid.com service, you are deemed to have agreed to these Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, please terminate your use of the TotalVid.com online service immediately. This web site is not intended for use by children under the age of 13. By using this web site or the TotalVid.com service, you represent that you are age 13 or over.
Restrictions on Use.
You agree to use the TotalVid.com service for lawful purposes only and not in any manner that could give rise to any liability to us, our affiliates, licensees or customers, or which might adversely affect our or our affiliates' public image, reputation or goodwill. We reserve the right to terminate the Totalvid.com accounts of users at our discretion.
Third Party Content.
You acknowledge and agree that the TotalVid.com service offers audiovisual content provided by third parties, including, without limitation, other users of the TotalVid.com service. We are a marketplace and not a publisher with respect to the content provided by third parties, and are not responsible for reviewing or editing any third party videos or other content. Any opinions, advice, statements, services, offers or other information contained in third party videos or other content are those of their respective authors/producers, and not of TotalVid, Inc. or any of its affiliates.
Copyright.
If you believe that any content contained in this website infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. §512) at the following address:
Zipidee, Inc.
540 Howard St. Suite 203
San Francisco, CA
United States of America
Facsimile: (757) 222-3889
Email: copyright@totalvid.com
Your Personal Information.
Please refer to the TotalVid.com Privacy Policy for information concerning the manner in which we collect, use, maintain and share your personal information.
Disclaimer.
EXCEPT AS OTHERWISE AGREED IN WRITING, THE TOTALVID.COM SERVICE (INCLUDING, WITHOUT LIMITATION, THIS WEB SITE AND ALL RELATED PRODUCTS AND SERVICES THAT WE PROVIDE) AND THE CONTENT OFFERED THROUGH THE TOTALVID.COM SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TOTALVID.COM SERVICE OR THE RELATED PRODUCTS OR SERVICES THAT WE PROVIDE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE TOTALVID.COM SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
Limitation of Liability.
We will not be liable for any consequential, indirect, special, exemplary, or incidental damages arising out of or in connection with your use of or inability to use the TotalVid.com service (including, without limitation, any damages for lost profits or business interruption), for any content that is offered through the TotalVid.com service, or for any claim made against you by any other party, whether arising from mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, even if we have been advised of the possibility of such damages. In no event will our liability to you for any claim related to the TotalVid.com service, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability) exceed the amount of fees that we have actually received from you during the 12-month period prior to the occurrence of the event giving rise to the claim.
Miscellaneous.
If any provision contained in these Terms and Conditions of Use is held invalid, such invalidity shall not affect any other provisions contained in these Terms and Conditions of Use. Headings are inserted for reference only and shall not be construed as a part of these Terms and Conditions of Use. No failure or delay by us in exercising any right under these Terms and Conditions of Use will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other or further exercise of such right or of any other rights. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Virginia, without regard to any conflict of law principles. Any claim or litigation arising under or in connection with these Terms and Conditions of Use or the use of the TotalVid.com service shall be brought solely in the Federal courts in the Eastern District of Virginia or the state courts in Norfolk, Virginia. You hereby consent and submit to the exclusive personal jurisdiction of such courts, and consent, submit to and agree that venue for such claim or litigation is proper in said courts and county. You hereby expressly waive all rights under applicable law or in equity to object to the jurisdiction and venue in said courts and county.
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