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Terms & Conditions

  • Terms & Conditions

    Please carefully review the terms and conditions set forth below before using the qwikvid.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason including, without limitation, an individual or group of individuals that registers to create a new video or photo project (collectively, a "Client"), or anyone else who accesses this website. The terms "We", "Us", or "Our" refer to qwikvid.com (or Qwikvid). Your use of Qwikvid's web site is conditioned upon your acceptance of and compliance with the terms, conditions, restrictions and notices contained herein. Qwikvid may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your continued use of the qwikvid.com web site after any such changes constitutes your agreement to all such terms, conditions, restrictions and notices.

    GENERALLY APPLICABLE TERMS AND CONDITIONS

    Qwikvid offers a wide range of content, services, benefits, and other resources on its web site. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms and Conditions of Use.

    The User hereby acknowledges and agrees that Qwikvid makes no promises or warranties as to any specified quality standards, testing coverage, maturity, quality measurements, the general quality of services or feedback, or results provided on or through its website. You hereby waive any and all legal claims against Qwikvid in connection with any services provided by or to you, through its web site. We expect that Users will undertake necessary precautions and practices and will use caution and common sense when using qwikvid.com.

    Your use of qwikvid.com constitutes your acceptance of any all risks associated with your use of qwikvid.com. Qwikvid hereby disclaims any liability based on, or related to, the third-party content on qwikvid.com, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

    qwikvid.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Qwikvid is not promising or committing to any specified quality standards, maturity, quality measurements, or results (collectively, "Quality Standards"). You hereby waive any and all legal claims against Qwikvid in connection with such Quality Standards. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using qwikvid.com.

    You hereby agree and acknowledge that qwikvid.com shall not be liable for any damages to your videos, photographs and personal content in connection with using the qwikvid.com service and your use of qwikvid.com is hereby conditioned upon such agreement and acknowledgment. The service is being provided on an "as-is" basis without warranties of any kind, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. By using the Qwikvid service, Clients hereby agree to fully indemnify Qwikvid from and against any third-party claims (including, but not limited to, intellectual property infringement claims) relating to alleged infringement by Client of a third party’s intellectual property rights.

    Eligibility

    Qwikvid shall have absolute discretion as to whether or not it permits a particular Client to use or access any of the contents or services available on or through its web site. Qwikvid's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors.

    Removal from Network; Additional Legal Terms and Restrictions

    Qwikvid reserves the right to terminate the participation of any Client without reason, including but not limited to any Client that Qwikvid believes to be in violation of these Terms and Conditions. Clients in violation of Qwikvid's Terms and Conditions will be immediately deactivated with or without prior notification. A Client found in violation of these Terms and Conditions, as determined by Qwikvid in its sole discretion, shall forfeit any right for a refund of any amounts due from services rendered. Notwithstanding the foregoing, Qwikvid reserves its right to pursue direct damages to the full extent of the law.

    General Restrictions

    Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the qwikvid.com web site or the content contained therein without the prior written permission of Qwikvid.

    II. PROVISIONS

    Any Client making use of qwikvid.com hereby agrees to comply with and acknowledges the following additional provisions:

    You shall not falsify your identity or the identity of any third-party. You agree to comply with all of qwikvid.com's specified policies.

    You represent and warrant that your content:

    1.  Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of a third-party;
    2.  Will not violate any law or regulation;
    3.  Will not be defamatory or trade libelous;
    4.  Will not be obscene or contain pornography;
    5.  Will not include incomplete, false or inaccurate information about you, any User or any other individual; and
    6.  Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

    You hereby agree to indemnify Qwikvid from and against any costs, expenses liabilities and fees (including legal fees) relating to any claims, which result from your breach of the foregoing representations and warranties. By submitting content to qwikvid.com (including, but not limited to creating your Account; posting a profile, posting a portfolio of content, posting a project briefing; or sending messages through or to qwikvid.com), you hereby grant to qwikvid.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform such content, under all your intellectual property and proprietary rights worldwide. Providing links to content hosted on servers other than that of qwikvid.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

    A Client’s Content (as defined below) will be retained by Qwikvid in its original form until a) the Client’s project is approved or b) thirty (30) days have elapsed from the original upload date of the Content. The final rendered copy of the project shall remain on Qwikvid’s servers for a period of thirty (30) days after a) the Client approves the project or b) the Approval Period has elapsed. Qwikvid reserves the right to keep a low resolution copy of the final project indefinitely on its servers in order to facilitate the Client’s ability to share the project with other people. At any point, under the Client’s directive, Qwikvid will delete all copies of the project.

    Copyrights

    No copyrighted material may be posted on qwikvid.com by anyone other than the original author of such material. Only posting sections, excerpts or examples of such content, will be permitted. A "section" or "excerpt" being no more than 10% of the original content. This is necessary to protect the author's intellectual property rights.

    Unless otherwise indicated, the information contained in this site including all images, illustrations, icons, designs and written and other materials that appear on the site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Qwikvid or its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions.

    Accessing the qwikvid.com web site does not authorize Users to use any name, logo, trademark or service mark in any manner. Permission is granted to display, download and print in hard copy format other resources of the site solely for the purposes of using the site as an internal or personal business resource. None of the resources may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied or reproduced without the prior written permission of qwikvid.com or the applicable owner.

    Limitation of Liability

    EACH USER AGREES AND ACKNOWLEDGES THAT IN NO EVENT SHALL QWIKVID BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, OR FOR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OF DATA OR CONTENT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE QWIKVID.COM WEBSITE; OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, OR SERVICES PROVIDED THEREUNDER, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Dispute Resolution

    These terms and conditions shall be governed by, and interpreted in accordance with, the laws of the state of California. The courts of California shall have exclusive jurisdiction and venue to resolve any disputes that may arise in which Qwikvid is a party.

    Use of Cookies

    A cookie is a piece of data stored on the user's computer tied to information about the user. Cookies are used to manage sessions on our site. We do not and will not use cookies to collect private information from any user which they did not intentionally submit to us.

    Social Network Integration

    Qwikvid offers the ability to connect your personal profile at popular social networks with your Qwikvid user profile. Social Networks integrations is designed to make it easy for you to find and connect with others. If you are uncomfortable with sharing your profile information, you should delete it (or not add one).

    Changes in our Privacy Policy

    From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted.

    Transfer of Information

    We reserve the right to transfer your personal information in the event of a transfer of ownership of Qwikvid or the acquisition of substantially all the assets of Qwikvid related to the business which collected such information, such as acquisition by or merger with another company. In such an event, Qwikvid will notify users who have provided email addresses when information about those users is transferred and becomes subject to a different privacy policy.