ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
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.
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.
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
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
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
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.
The terms “and” and “or” have both conjunctive and disjunctive meanings to make the meaning more inclusive than exclusive, unless otherwise provided.