This Terms & Conditions Agreement (the “Agreement”) relates to the website www.MusicVideoPromotion.Company (“V.V.i.” or “the website”), its rules of use by any individual or group (the “user”, “you” and “your”), and the limitations and liabilities therein. This Terms & Conditions Agreement constitutes the entire Agreement between all parties with respect to the subject matter hereof.
Please note the relevant Terms & Conditions Agreement when visiting any other websites owned by Video Views International, such as www.videoviews.international which this site links to, as you will be bound by such Agreement/s as well.
2-1 This original version of the Agreement was written in English, which retains control as the sole language for reference and documentation.
2-2 Further, all correspondence must be conducted in English between all parties at all times, with any parties not fluent or conversant in English being responsible for the accuracy, delivery and associated costs involved in communication, such as translation and interpreting services.
3-1 Unless terminated, the Agreement continues indefinitely from the commencement of the user’s experience with the website.
3-2 In the case of a breach of this Agreement or as a result of user conduct considered to be illegal, offensive or inappropriate in any way, V.V.i. may terminate the Agreement without notice, and withhold any and all funds paid and/or the fulfillment of services already paid for.
3-3 All provisions of this Agreement which should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.
4-1 V.V.i. can update, revise, remove, add or append any part of this Agreement at any time without prior notice or notification other than the updating of this page of the website. The user is responsible for monitoring and complying with the Agreement at all times.
4-2 V.V.i. reserves the right to update, revise, remove, add or append any part of the website and its visible contents at any time without warning or notification.
You agree to indemnify V.V.i., its contractors, licensors, and all directors, officers, employees and agents from and against any and all claims and expenses, including legal costs, arising out of your use of the website, including but not limited to any violation of the Agreement.
6 Limitation of Liability
6-1 In no event will V.V.i. be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of internet, video account/channel or video services; or (iv) for any amounts that exceed the fees paid by the user to V.V.i. under this Agreement during the twelve (12) months period prior to the cause of action.
6-2 V.V.i. shall have no liability for any failure or delay due to matters beyond their reasonable control.
7 Representation and Warranty
You represent and warrant that
(ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
The user agrees to work exclusively with V.V.i., by not engaging the services of any other provider of video promotion at the same time the user is engaging the services of V.V.i., and not within 30 days before or after engaging the services of V.V.i.
8-2 Pricing and Payment
8-2-1 Services and prices are displayed on the website “as is” and can be changed or removed at any time without prior notice or explanation.
8-2-2 The user agrees to email firstname.lastname@example.org if any payment or order fulfillment-related problem, issue or concern arises.
8-2-3 V.V.i. accepts payment via approved credit cards only.
8-2-4 V.V.i. may at any time request payment verification to confirm the transaction is authorised by the buyer, and may request to identify the buyer.
This requires that you email a scan or photo of the front of your credit card used to make the purchase and/or a scan or photo of one piece of official identification bearing the same name as the credit card holder.
For card security the image of your credit card can cover/block the last 4 digits of the card number. We will remind you of this requirement as part of the payment verification email.
V.V.i. is under no obligation to commence processing an order until the order transaction has been authorised by the buyer.
For the avoidance of doubt, the order will remain on-hold until such time as payment verification and thus transaction authorisation is complete. The average campaign completion time that appears on the product page commences 12 hours after you have authorised the transaction.
8-3 Refund Policy
8-3-1 V.V.i. does not provide refunds on services that have been delivered – we guarantee our services and their delivery to all customers. We can only grant a refund within 30 days from purchase, and even then only on the following conditions:
– if we are unable to complete the order due to limitations/settings of the video/channel settings or restrictions, or some other technical limitation which renders our services unable to be delivered.
– if a refund is requested within 8 hours after the order purchase.
– if the video is deemed by us, at our sole discretion, to be offensive or in any way inappropriate for widescale viewing.
8-3-2 V.V.i. can apply the amount of purchased exposure to an alternate video of the customer’s choice, if the video is removed by the user for a valid reason prior to the completion of the service.
8-3-3 V.V.i. can hold the amount of purchased exposure in credit for the customer to redeem at any point in the future, if the video is unable to be promoted, or the customer informs of their desire to do so prior to the commencement of service delivery.
8-3-4 V.V.i. is not responsible for false or misguided information regarding the refund policy, and holds no control over independent reviews or content outside its own properties.
V.V.i. has no liability to videos or accounts which are sanctioned or suspended by a social media platform. You are reminded of our requirement under these Terms that you are not to involve your video or Channel/Account with any other video promotion service provider at the same time as you engage our services, and not within 30 days before or after engaging the services of V.V.i.
8-3-5 You agree to email email@example.com as your first method of dealing with any V.V.i. service-related issue, before taking any other action.
8-4 Social Media
8-4-1 V.V.i. is in no way a part of YouTube, Vevo, Facebook, Instagram or Vimeo, nor is V.V.i. affiliated with or endorsed by those companies in any way, and must not be considered or construed by the user as being a part of those businesses.
8-4-2 V.V.i. is not liable for any videos or social media accounts that are altered, suspended or removed for any reason, such as but not limited to the removal of video views or videos as a result of the use of external video views providers.
8-4-3 V.V.i. holds the user solely responsible for the relevant video and the relevant social media account. The user must ensure the video channel/account is not changed, modified or removed whilst the services of V.V.i. are engaged. Any changes, modifications or removal of the relevant video or channel/account will render any relevant purchase order subject to termination, and ineligible for any type of refund.
9 Property Rights
The website and its contents are protected by U.S. and foreign copyright laws. These properties belong expressly to V.V.i. and/or other copyright owners who have given express authorisation for use on the website. No information or content of any kind may not be used, copied, distributed, transmitted, or altered unless expressly authorised by V.V.i. in writing.
10-1 This Agreement, any access to or use of the website will be understood and governed in accordance with the laws of the state of New South Wales. In the event that a dispute arises from this Agreement, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
10-2 Except for claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single Arbitrator appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court.
10-3 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
10-4 V.V.i. may assign any rights arising from the Agreement to any person or entity. The user agrees not to assign the rights arising from the Agreement to any person or entity.
10-5 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.