VIDEOFORT, LLC. WEBSITE TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website (the "Site"). These Terms of Use apply to the VideoFort website located at videofort.com, and all associated sites linked to www.videofort.com.

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that VideoFort, LLC, ("VideoFort") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

VideoFort reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use.

It is your responsibility to regularly check the "About" link on the home page of VideoFort.com to view the then-current terms. If you breach any of the Terms of Use, your personal, non-exclusive, non-transferable, limited privilege to access or use this Site shall automatically terminate.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

1. All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Terms of Service for Footage or Terms of Service for Stills, VideoFort does not grant any express or implied permission to use any Content. Without express permission as provided herein or in the Footage or Stills Terms of Service, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, retransmit, display, perform, license, sublicense or reverse engineer the Site or any of the Content. In addition, you agree not to use any data mining, robots, spiders, “deep-linking” or similar data or image gathering, accessing, acquiring, copying, monitoring, extracting methods in connection with any portion of the Site or Content. You agree that you will not, under any circumstances, take any action that imposes or may impose (in VideoFort’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Site or Content.
VIDEOFORT TRADEMARKS

2. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, symbols, service marks, trade names, Internet domain names, soundmarks, or other indications of origin used by VideoFort.

3. Nothing contained herein grants or shall be construed to grant you any rights to use any VideoFort Trademark, unless expressly conferred by these Terms of Use.

4. You agree that you will not use VideoFort's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or VideoFort.

5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of VideoFort Trademarks or the Trademark rights claimed by VideoFort.

6. You agree that you will not use any VideoFort Trademark or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or as text in the title bar, or any other type of programming code or data.

7. You may not at any time, adopt or use, without VideoFort's prior written consent any word or mark which is similar to or likely to be confused with VideoFort's Trademarks.

8. The look and feel of the VideoFort website, including all page headers, custom graphics, button icons, color schemes, and scripts, is the trade dress or trademark or service mark of VideoFort and may not be copied, imitated or used, in whole or in part, without the prior written consent of VideoFort.

9. All other trademarks, product names, and company names or logos used or appearing on the VideoFort website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VideoFort, unless expressly so stated.

10. You may not use a VideoFort trademark, logo, Image or other proprietary graphic of VideoFort to link to the VideoFort website without the prior written consent of VideoFort.

11. You may not frame or hotlink to the VideoFort website or any Image without the prior written consent of VideoFort.
INFRINGEMENT CLAIMS / DMCA NOTICES

12. If you believe that any Image or other material made available by VideoFort infringes upon any copyright that you own or control, you may notify VideoFort in the manner set forth in our DMCA Copyright Infringement Notice Policy.
LIMITATIONS

13. You agree that you shall not:

a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of VideoFort or any third party.

b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.

c. Violate the rights of VideoFort or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

d. Interfere in any manner with the function of the site and the services offered by the company.

e. Sell, lease, lend, or disclose your password and username information or the password and username information of another.

f. Circumvent any measures protecting access to the Site, or enabling or encouraging a third party to circumvent any measure protecting access to the Site.

g. You will not breach the security measures of the Site or any network connected to it. Further, you will not test the vulnerability of the Site or any network connected to it.
USE OF CONTENT

14. Certain content will only be made available to users who enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with VideoFort you may not download, distribute, display, alter, modify, create derivative works of, store, reproduce, publish, publically perform or copy any Content, and you may not contribute to or encourage another to download, distribute, display, alter, modify, create derivative works of, store, reproduce, publish, publically perform or copy any Content.

15. You may not remove any watermarks or copyright notices contained in the Content.

16. VideoFort reserves the right to revoke this license at any time for any reason.
RESTRICTION AND TERMINATION OF USE

17. VideoFort may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in VideoFort's discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES

18. IN THE EVENT THAT VIDEOFORT PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE VIDEOFORT WEBSITE, YOU SHOULD BE AWARE THAT VIDEOFORT MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES AND ACCEPTS NO RESPONSIBILITY FOR THE CHANGES AND UPDATES MADE TO SUCH WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF VIDEOFORT IT IS YOUR RESPONSIBILITY TO USE YOUR OWN INDEPENDENT JUDGMENT REGARDING THE USE OF THESE LINKS. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY VIDEOFORT.
WARRANTIES AND DISCLAIMERS

19.THE SITE, SERVICES, AND MATERIALS INCLUDING FOOTAGE AND STILLS, ARE PROVIDED BY VIDEOFORT UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VIDEOFORT MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

EXCEPT WHERE PROHIBITED BY LAW, VIDEOFORT WILL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM LAWFUL OR UNLAWFUL USE OF WEBSITE, SERVICES, AND MATERIALS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DIRECT DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, AND ATTORNEY FEES.
PERSONAL INFORMATION AND PRIVACY

20.VideoFort will use and protect your data, such as your name and address, in accordance with the VideoFort Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

Violation of the These Terms of Use will result in VideoFort’s disclosure of your information if VideoFort determines that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contract or bring legal action against someone who may be causing injury to or interference with VideoFort’s rights or property or the rights or property of VideoFort’s users.
INDEMNIFICATION

21.You agree to defend, indemnify and hold harmless VideoFort, its subsidiaries, affiliates, licensors, officers, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the VideoFort website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the VideoFort Images, or your violation of any rights of another.
NO WAIVER

22. VideoFort’s failure to exercise or delay in exercising any right, power or privilege under Website Terms of Service, Privacy Statement, Terms of Service for Footage, or Terms of Service for Still Images, shall not operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
GOVERNING LAW AND JURISDICTION

23. This agreement is governed by and shall be construed in accordance with the laws of the State of California. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within Los Angeles, California and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

If any of the Terms of Use are held by a court to be unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the Terms of Use.
ATTORNEY FEES

Except as stated herein, in a dispute between VideoFort and You, the prevailing party in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeds is pursued to decision or judgment. Prevailing party means, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or abandoned by the other Part of its claim of defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. In addition, VideoFort shall be entitled to attorneys’’ fees, costs, and expenses, incurred in the preparation and servicing of notices or breach and cease and desist.
ADDITIONAL DEFINITIONS

The terms “and” and “or” have both conjunctive and disjunctive meanings to make the meaning more inclusive than exclusive, unless otherwise provided.