Terms of service
The following terms and conditions govern all use of the encodercloud.com website and all content, services and products available through the website, including, but not limited to, the VLD Interactive client area (collectively referred to as the Site).
Please read this Agreement carefully before accessing or using the Site. 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 Site or use any services. If these terms and conditions are considered an offer by VLD Interactive, acceptance is expressly limited to these terms. VLD Interactive is available only to individuals who are at least 13 years old.
Client area account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VLD Interactive of any unauthorized uses of your account or any other breaches of security. VLD Interactive will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Use of the Service
You agree not to use the services for any illegal, harmful, fraudulent or offensive use. By submitting videos through the EncoderCloud API, you hereby grant VLD Interactive and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works to the extent necessary to perform transcoding operations) to use, copy, transmit or otherwise distribute in or through any medium, whether now known or hereafter created, for the purpose of providing the services. You grant VLD Interactive the right to retain your videos for the purpose of quality assurance and technical improvement.
The Site offers products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Responsibility of website visitors
By operating the Site, VLD Interactive does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. VLD Interactive disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement and DMCA policy
As VLD Interactive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify VLD Interactive in accordance with common DMCA policies. VLD Interactive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of VLD Interactive or others, VLD Interactive may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, VLD Interactive will have no obligation to provide a refund of any amounts previously paid to VLD Interactive.
This Agreement does not transfer from VLD Interactive to you any VLD Interactive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VLD Interactive. VLD Interactive logo, and all other trademarks, service marks, graphics and logos used in connection with VLD Interactive, or the Site are trademarks or registered trademarks of VLD Interactive or VLD Interactive's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any VLD Interactive or third-party trademarks.
VLD Interactive 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 Site following the posting of any changes to this Agreement constitutes acceptance of those changes. VLD Interactive may also, in the future, offer new services and/or features through the Site (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.
VLD Interactive may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by VLD Interactive if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from VLD Interactive's notice to you thereof; provided that, VLD Interactive can terminate the Site 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 Site is provided "as is". VLD Interactive 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 VLD Interactive nor its suppliers and licensors, makes any warranty that the Site 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 Site at your own discretion and risk.
Limitation of liability
In no event will VLD Interactive, 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 or 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 VLD Interactive under this agreement during the six (6) month period prior to the cause of action. VLD Interactive 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.
General representation and warranty
You agree to indemnify and hold harmless VLD Interactive, 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 Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between VLD Interactive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VLD Interactive, or by the posting by VLD Interactive of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Ontario, Canada, 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 Toronto, Ontario. 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; VLD Interactive 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.