VIDITY™ TERMS & CONDITIONS OF USE
Welcome to www.VIDITY.com (the “Website”), and thank you for visiting the Website! Before you continue, please take a moment to review our privacy statement. If you do not agree with the privacy statement, please do not use this Website or submit any information to us.
Acceptance of Terms The following are terms of a legal agreement between you and Secure Content Storage Association LLC (“VIDITY”). By accessing, browsing and/or using this Website and/or web Website of any VIDITY affiliate (collectively the “Website”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Website or submit any information to us. By using the Website, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by the terms of this Agreement. If you don’t know whether you have reached the age of majority where you live, or don’t understand this section, please don’t create an account before you have asked your parent or legal guardian for help. If you’re the parent or legal guardian of a minor that creates an account, you accept this Agreement on the minor’s behalf and are responsible for all use of the accounts or services, including purchases, whether the minor’s account is now open or created later.
Use Restrictions The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this Website is held by VIDITY or by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of VIDITY or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without VIDITY’S permission, “mirror” any material contained on this Website on any other server. You acknowledge that nothing on this Website shall be construed as conferring any license to you from VIDITY its subsidiaries, or affiliates or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Certain content and services available through this Website may include materials from third parties. VIDITY may provide links to third-party websites as a convenience to you. You agree that VIDITY is not responsible for examining or evaluating the content or accuracy and VIDITY does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that VIDITY is not in any way responsible for any such use by you.
You understand that by using the VIDITY Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the VIDITY Service at your sole risk and VIDITY shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. To the extent that VIDITY provides descriptions of various products or services for your convenience, you agree that VIDITY does not guarantee their accuracy.
Software Use Restrictions You acknowledge that any software and related documentation that may be available to download from the Website (the “Software”) is the copyrighted work of VIDITY its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas It is VIDITY standard business practice that confidential or proprietary information from you not be submitted through this Website or by email. If you transmit such information in contravention of VIDITY standard business practice, any material, information or idea you transmit to VIDITY by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by VIDITY or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized VIDITY representative.
Submission of Personal Information All personal data information provided to VIDITY through this Website or by email, such as product registration information or information necessary to complete purchases of VIDITY’S products or services, will be handled in accordance with VIDITY’S Privacy Statement [link].
Access from Outside the U.S. This Website is controlled and operated by VIDITY from its offices within the United States. VIDITY makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Website or other materials available through this Website (the “Materials”) may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Links to Third-Party Website and Co-Branded Website The Website may contain links to third-party Website, however, please be aware that VIDITY is not responsible for and cannot control these other Website. The Website may also contain links to co-branded web Website that are maintained by third parties by agreement with VIDITY. For example, VIDITY uses Causeway, a product of VTM Web Services, a division of VTM Group., to fulfill VIDITY online membership requirements. VIDITY makes no representations whatsoever about any other web site which you may access through the Website. When you access a non-VIDITY web site, even one that may contain the VIDITY logo, please understand that it is independent from VIDITY and that VIDITY may have no control over the content on that Web site. In addition, a link to a non-VIDITY web site does not mean that VIDITY endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL VIDITY BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF VIDITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST VIDITY FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD VIDITY ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE VIDITY, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer ALL INFORMATION IS PROVIDED BY VIDITY ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. VIDITY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
U.S. Government Restricted Rights The materials on this Website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of VIDITY’S proprietary rights in them.
Choice of Law Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution any and all disputes arising out of or relating to your use of the Website. You further agree and covenant not to bring suit in any other jurisdiction.
VIDITY LLC INTELLECTUAL PROPERTY
As between you and VIDITY, other than the rights you have obtained with respect to content associated with the VIDITY repository, VIDITY owns all rights, title and interest in and to the trademarks, service marks, trade dress, products, services, and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof, including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Website and/or Materials does not grant to you ownership or title of, in or to any Materials. The Materials and content associated with your VIDITY Library are for your personal and non-commercial use only. You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through the Materials, without our express written consent. Without limiting the foregoing, you are not permitted to republish or reproduce any part of the Materials on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. The creation and use of a VIDITY Library does not grant you any intellectual property or other rights therein.
Your rights with respect to any specific content associated with your VIDITY Library are established by the retailer from which you obtained such rights and are subject to the limitations and restrictions imposed by copyright holders and other third parties. When you obtain rights to content, that content remains subject to the intellectual property rights of the copyright owner and other third parties and is being licensed to you with limitations and restrictions and is not sold to you. You may only use the content for your personal, non-commercial use as expressly authorized by the copyright owner and other applicable third parties, including the applicable retailer.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with the Services are proprietary to us and third parties. Nothing contained in or provided through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without our written permission or that of the third-party rights holder.
Copyright Policy VIDITY respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VIDITY‘S Copyright Agent the following information:
VIDITY’S Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
VIDITY DMCA Copyright Agent,
2121 Avenue of the Stars 10th Floor
Los Angeles, Ca 90067-2121
By email: firstname.lastname@example.org
VIDITY’S trademarks and brands represent VIDITY intellectual property. Follow these Guidelines [link] for using VIDITY‘S trademarks and brands in all communications, documents and electronic messages.
Click here for a list of all VIDITY‘S trademarks and brands [link].
VIDITY LLC PRIVACY STATEMENT
Effective Date: January 1, 2014
VIDITY respects your privacy, and is committed to providing you with a positive experience with us. This privacy statement explains how we collect, use, disclose, transfer and secure your personal information. We encourage you to read this privacy statement and those of other website you visit.
This privacy statement applies across the VIDITY companies for use with VIDITY products and services. This privacy statement also applies where there is a link to this privacy statement, such as through the footer of this Website, or when made available within our mobile applications.
Privacy statement updates VIDITY may revise this privacy statement at any time with notice to you by posting a revised version on the Website, via email, or another reasonable method. You may opt-out of the revised privacy statement pursuant to an opt-out procedure that we will provide with the notice of such privacy statement revisions. Such revised privacy statement shall be effective as to all use of the Website (including with respect to existing users, members, and account holders) upon posting, and your sole remedies should you disagree with any such revision shall be to (1) cease to use the Website; and (2) if you are a Member of the Website or a user of any Services, or otherwise have an account with us, request that we use commercially reasonable efforts to purge our records of any personal, payment, or contact information you have submitted. Your continued use of the Website, products or services after any change represents and confirms your consent and agreement to any such changes. This privacy statement went into effect on January 1, 2014.
We may require you to submit certain information (including personal information such as contact or payment card information) in order to provide you an account at the Website, to provide you access to products and services, to collect payment, to allow you to post your opinions or questions in our discussion forums, to participate in various other Website activities, or for such other reasons as may be described on the Website at the time such information is collected. To the extent such information is either (1) personally identifiable or (2) personal financial information, this Privacy statement covers our collection, treatment, and dissemination of such information. Depending on where you live, personal information may also include your real-time location, your device’s Internet Protocol (IP) address or unique device identifier (UDI). We may collect and store information you or others provide in community discussions, chats, and correspondence received through the Website and correspondence sent to us directly.
Portions of the Website may only be accessible if you register. When you register we will ask you to provide a user name and password. We will retain this information to remember you when you log in. This information may be linked to other information that we collect while you are on the Website.
This privacy statement does not cover (1) any information which is not personally identifiable or financial (such as anonymized or aggregated demographic information); (2) any information you submit to be posted on or displayed for others to see on the Website (such information submitted to discussion forums or other member activities on the Website); or (3) any ideas or suggestions you may submit for the Website or Services, each of which we may use for any purposes in our sole discretion without limitation.
From time-to-time VIDITY may request information via surveys or contests. Participation in these surveys or contests is completely voluntary, and you have a choice whether or not to disclose this information. In addition to any use of information described in this privacy statement, information collected during surveys and contests will be used for the purposes specified on the forms on which it is collected.
Treatment of personal and/or financial information Except as otherwise described in this privacy statement, we may collect and/or use your personally identifiable information, except personally identifiable financial information, for any reasonable commercial purpose, including but not limited to:
We may also sell or rent your personal (but not financial) and Website usage information governed under this privacy statement to third-parties who agree to use such information, solely for lawful purposes, on an opt-in or opt-out basis or otherwise in conformance with prevailing industry and data privacy standards. VIDITY will comply with any additional restrictions mandated by the FCRA or mandated by a credit-reporting agency with respect to information obtained by VIDITY from such credit-reporting agency.
We may provide your information, including personal or financial information, to our vendors who provide background services on the Website, such as payment processing, technical support, order fulfillment, and other subcontracted services. We always use reasonable efforts to require such third parties to legally agree to use such information only for the purpose for which it was provided and to otherwise abide by the protections of this Privacy statement. Additionally, any such information which is subject to the FCRA or any mandates from a credit reporting agency with respect to information obtained by VIDITY from such credit reporting agency will be handled according to the FCRA and/or mandates, as applicable.
Handling of your information; security We have put in place reasonable security measures to protect your information and restrict access to unauthorized employees. Personal information is stored in a database with customary security measures and payment card information submitted for payment purposes is stored and transmitted in a payment card industry (PCI) compliant manner. We use reasonable measures to protect against hacking and other malicious activity, although we do not and cannot guaranty that no security breach will ever occur. In addition, whenever practicable, we encrypt all personal and financial information that we store.
Please do not submit personal, financial, or health information to features of the Website not intended for such information. Such information should never be submitted to discussion forums or similar public activities (unless you want it publicly displayed and to assume the consequences of having it permanently exposed) and we cannot promise PCI or HIPAA (health related information) compliant storage of such information except as expressly described above (relating to storage and transmission of payment information).
For California residents and other regions that require specific disclosure, we will not share your information with third parties for direct marketing without your consent.
If personal information is collected with your consent as part of a promotional event, we may share that information with our promotion partner(s). We may also share aggregated and non-personally identifiable information with our commercial customers or vendors for the purposes of improving their products or services.
Data retention VIDITY will not retain your personal information longer than is necessary to honor your choices, fulfill the purposes for which it was collected, or as required by law. Your personal information will be destroyed or permanently de-identified in a secure manner when it is no longer needed. For example, when the information is printed on paper it may be deleted or destroyed by shredding or incineration; where the information is stored electronically, it may be deleted or made unavailable by technical means to render the information unusable.
This site is capable of recognizing when your Web browser is set to a “Do Not Track” setting or other mechanisms that allow you to exercise a choice regarding our collection of information listed in our Cookie Statement about your online activities over time or across third-party website. We engage advertisers who may collect such information in order to provide advertisements that are more relevant to your interests.
Our servers will log each website visitors’ IP address, browser type, referring and exiting URLs, and other statistical and technical information. Except for privacy statement, agreement, and law enforcement purposes, VIDITY will treat this as anonymous information.
Maintenance of your login information. VIDITY strongly recommends that you keep all of your user information secret and not disclose such information to anyone else. VIDITY cannot be responsible for any use of this information should you disclose it to anyone else, or for the use or distribution of any of your information or data stored on the Website if it is obtained via use of your account ID or password. Please note that VIDITY will never email you to “phish” for (attempt to convince you to disclose) your username or password.
Please remember that any information you choose to disclose in public areas of the Website (such as within community forums through a chat feature or published in a product review) may become public information. You should exercise caution when disclosing information in public areas and should refrain from disclosing personal information.
How to access and update your personal information We want to be sure the information we keep for you is up to date and accurate. We will take reasonable steps to ensure that any personal information is accurate, complete and up to date. You have the right under applicable data protection laws to access the personal information that VIDITY keeps for you, on request to VIDITY, except in certain limited circumstances (for example, where an applicable law requires us to deny such access). You can use the links immediately below or contact us by email or mail (see the “Contact Us” section at the end of this privacy statement for details) to request access to your personal information.
Protection of children This Website is not intended for use by individuals under the age of majority. While the Website may be viewed by children, we do not wish to receive data from children. VIDITY encourages parents and guardians to monitor and supervise all Internet usage by children. No information should be submitted to, or posted at, the Website by visitors under the age of majority without the consent of a parent or guardian.
Links to third party websites To the extent that the Website is an advertising-supported Website, and when responding to a third party advertisement or offer, you may submit your information to such third party outside of our control. The Website contains links to other websites that are not controlled by VIDITY. VIDITY is not responsible for the privacy practices of such other websites. VIDITY encourages our users to be aware when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy statement applies solely to information collected by VIDITY and its Website. Similarly, VIDITY has no control over, and is not responsible for, the practices of any other person to whom you provide or communicate your personal information through the Website or the Services.
Other Events All information collected or provided may be transferred or assigned by VIDITY in conjunction with a merger or the sale of all or a portion of it or its assets (or similar event).
Enforcement of this privacy statement and contact information If for any reason you believe that your privacy has been breached through the use of the Website, you may contact us immediately by email at email@example.com, and we will do our best to promptly determine and correct the problem.
Liability VIDITY liability from or arising out of this privacy statement or any breach hereof is subject to the general limits of liability stated in the Terms & Conditions of Use [link].
Transfer of personal information, Safe Harbor We may transfer your personal information to VIDITY companies worldwide, or to authorized third parties worldwide acting on our behalf for the purposes of processing, storage or fulfillment. Your personal information may be transferred, stored and used at facilities located across the world and not necessarily in the country in which you are located.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information for use by VIDITY and its authorized third parties to the United States and other countries where the privacy laws may be less strict. By providing your personal information you consent to that transfer.
VIDITY complies with the U.S.-E.U. Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries and Switzerland. VIDITY has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program and to view VIDITY‘S membership, please visit http://www.export.gov/safeharbor/ .
Contact us with comments or questions If you have comments or questions about this privacy statement, you can email us at one of the email addresses below or send us mail at the address below. Please include your contact information and a detailed description of your request or privacy concern.
|2121 Avenue of the Stars 10th Floor Los Angeles, Ca 90067-2121|
|Attention: Privacy Officer|
VIDITY COOKIE STATEMENT
Types of Cookies
This is a description of three types of cookies:
Your Choice and Controlling and Opting-Out of Cookies on the Website You can modify your browser settings to control whether your computer or other device accepts or declines cookies. If you choose to decline cookies, as noted above, you may not be able to use certain interactive features of the Website. You can always go back and delete cookies from your browser; however, that means that any settings or preferences controlled by those cookies will also be deleted and you may need to recreate them.
You can also opt-out of certain functional and performance cookies that we use on the Website to collect aggregated, anonymous data.
A list of Website cookies and opt-out instructions is located here [link].
Disabling or Opting-Out of Cookies on other websites You can also opt-out of receiving marketing advertisements from third party advertisers and ad networks who are members of the Network Advertising Initiative or who follow the Digital Advertising Alliance’s Self Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on their websites.