Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by VidAnalysis, acceptance is expressly limited to these terms.
- Intellectual Property. This Agreement does not transfer from VidAnalysis to you any VidAnalysis or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VidAnalysis. VidAnalysis, vidanalysis.com, the vidanalysis.com logo, and all other trademarks, service marks, graphics and logos used in connection with vidanalysis.com, or the Website are trademarks or registered trademarks of VidAnalysis or VidAnalysis’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any VidAnalysis or third-party trademarks.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. VidAnalysis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. VidAnalysis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. VidAnalysis may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your vidanalysis.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by VidAnalysis if you materially breach this Agreement and fail to cure such breach within thirty (30) days from VidAnalysis’s notice to you thereof; provided that, VidAnalysis can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. VidAnalysis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VidAnalysis nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will VidAnalysis, or its suppliers or licensors, 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 use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VidAnalysis under this agreement during the twelve (12) month period prior to the cause of action. VidAnalysis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless VidAnalysis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between VidAnalysis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VidAnalysis, or by the posting by VidAnalysis of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Austria, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Graz. Except for claims for injunctive or equitable relief or 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 three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Graz, in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; VidAnalysis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Richard Sadek (“VidAnalysis“) operates vidanalysis.com and may operate other websites. It is VidAnalysis’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, VidAnalysis collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. VidAnalysis’s purpose in collecting non-personally identifying information is to better understand how VidAnalysis’s visitors use its website. From time to time, VidAnalysis may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
VidAnalysis also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on vidanalysis.com blogs/sites. VidAnalysis only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to VidAnalysis’s websites choose to interact with VidAnalysis in ways that require VidAnalysis to gather personally-identifying information. The amount and type of information that VidAnalysis gathers depends on the nature of the interaction. For example, we ask visitors who sign up at vidanalysis.com to provide a username and email address. Those who engage in transactions with VidAnalysis are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, VidAnalysis collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with VidAnalysis. VidAnalysis does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
VidAnalysis may collect statistics about the behavior of visitors to its websites. VidAnalysis may display this information publicly or provide it to others. However, VidAnalysis does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
VidAnalysis discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on VidAnalysis’s behalf or to provide services available at VidAnalysis’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using VidAnalysis’s websites, you consent to the transfer of such information to them. VidAnalysis will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, VidAnalysis discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when VidAnalysis believes in good faith that disclosure is reasonably necessary to protect the property or rights of VidAnalysis, third parties or the public at large. If you are a registered user of an VidAnalysis website and have supplied your email address, VidAnalysis may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with VidAnalysis and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. VidAnalysis takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If VidAnalysis, or substantially all of its assets, were acquired, or in the unlikely event that VidAnalysis goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of VidAnalysis may continue to use your personal information as set forth in this policy.