Updated: June 23, 2020
IMPORTANT NOTE: THESE TERMS CONTAIN A LIMITATION OF LIABILITY (SECTIONS 17-18), ARBITRATION CLAUSE (SECTION 19), AND WAIVER OF CLASS CLAIMS (SECTION 20) WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
VidCon International LLC and its subsidiaries and affiliates (“VidCon”, “we”, “us”, “we”) own and operate the website www.vidcon.com [and related mobile applications] (the “Site”), including without limitation all information, documents, text, audio, visual and graphics (excluding Third Party Content, as defined below) on the Site (collectively, the ” Site Materials “), as well as all the software, products and services offered and / or operated by VidCon and / or other third parties through the Site (collectively, the” Products and Services “), which are available for their subject use to the terms and conditions set forth in this document, which may be reviewed from time to time by VidCon (collectively, the “Terms and Conditions of Use”).
1) Acceptance of the terms
2) Changes to These Terms and Other VidCon Guidelines or Policies
This Site is intended for the legal use of persons over thirteen (13) years of age. If you are under thirteen (13) years of age, please stop using this Site immediately.
4) Account registration
You may be required, or have the option, to register for an account with VidCon. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under the use of your account, including any actions taken by the persons to whom you have granted access to your account. You are responsible for maintaining the confidentiality of your access credentials to your account, including account names and / or passwords, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account, account name and / or password, whether actually or expressly authorized by you, unless access to your account and / or access credentials has been obtained without fault or negligence on your part.
You agree to accept and receive communications from us, including emails, text messages, calls and push notifications, if you provide VidCon with a cell phone or email number. Such communications may include, without limitation, requests for secondary authentication, receipts, reminders, notifications about updates to your account or account support, and marketing or promotional communications. Communications through calls and text messages can be generated by automatic telephone dialing systems. For your consideration, the standard message and data rates applied by your cell phone provider may apply to the text messages we send you. You may opt out of receiving promotional email communications sent to you by selecting unsubscribe options in such promotional emails. You can choose not to receive any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You do not have to continue to consent to receive promotional texts or calls after using the Site. You can opt out of receiving VidCon text messages at any time by sending a text message with the word “STOP” in response to any text message. You acknowledge that choosing not to receive communications may affect your use of the Site.
7) Purchase of Products and / or Services.
8) Modification and Revocation.
We may also terminate your authorization to use this Site and any other authorized use, including use of the Site Materials for convenience. In such a case, they will be notified in advance, as required by law. We may add, remove, suspend, stop, remove, interrupt or impose conditions on the Site or on any feature or aspect of the Site, at our discretion. In the event that this has a material effect on your existing rights and obligations or on the material terms of the Site, we will send you, to the extent required by applicable law, an email notice with reasonable notice.
You can terminate your use of the Site at any time if you stop using it.
9) Intellectual Property; Limited License to Users.
The Site, Site Materials, and Products and Services. This Site, the Site Materials and Products and Services are protected by copyright, trademark, patent and / or other intellectual property laws, and any unauthorized use of the Site, the Site Materials and / or The Products and Services may violate said laws in addition to the Conditions of Use. Unless expressly indicated in this document, VidCon and its licensors and suppliers do not grant any express or implicit license to the Site, the Site Materials, the Products or the Services. You may use the Site, the Site Materials and the Products and Services for your own personal use, but not for commercial purposes. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, the Site Materials and / or its Products. and Services, except if expressly authorized herein or permitted under applicable mandatory law.
Use of site materials. Unless otherwise stated on the Site, you can view, download and print the Site Materials available on the Site subject to the following conditions:
– The Site Materials can be used only for personal, non-commercial and informational purposes;
– The Site Materials cannot be modified or altered in any way;
– The Site Materials may not be distributed or sold, rented, leased or licensed to third parties;
– You cannot remove any copyright or other proprietary notices contained in the Site Materials;
– VidCon reserves the right to revoke the authorization to view, download, copy and / or print the Site Materials available on this Site at any time, and any use of this type will be disabled immediately after being notified by VidCon; and
– Any rights granted to you by VidCon constitute a license and not a transfer of title.
Important exceptions. Various sections of the Site may be subject to the copyright, trademark or other intellectual property rights of a third party, and are for display and demonstration purposes only (“Third Party Content”). You may not download, use, copy or print the Third Party Content unless there is a notice on the work of the Third Party Content expressly allowing the download, use, copy and / or printing. The rights specified above (i.e. the right to view, download, and print the Site Materials and Third Party Content available on this Site) do not apply to the design or layout of this Site. The elements of this Site are protected by copyright and other laws and cannot be copied, reproduced or imitated in whole or in part.
Information on trademarks. The trademarks, logos, and service marks (“Marks”) that appear on this Site are the property of VidCon or third parties. You are not allowed to use the Marks without the prior written consent of the owner of the Brand.
10) User content
You may not post or transmit to or from the Site any illegal, threatening, slanderous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that may give rise to any civil or criminal liability under the law.
VidCon has the discretion, acting reasonably, to remove the content without notice if you violate any of the restrictions described above, if the applicable subscription or license has expired or expired, or if such removal is necessary to comply with the law or to protect the rights of VidCon or others. VidCon may, but is not obligated to, monitor or review (i) any area on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, VidCon will have no liability related to its content arising under copyright, defamation, privacy, obscenity, or other laws. VidCon also denies all responsibility regarding the misuse, loss, modification, destruction or unavailability of any of its content.
11) Infringement of intellectual property
We respect the intellectual property rights of others and ask you to do the same. VidCon responds to all valid notices of such copyright and trademark infringement, and it is VidCon’s policy to suspend or terminate the access privileges of those who repeatedly infringe on the copyright and trademarks of others. Nothing in this policy is intended to limit or exclude VidCon’s rights and rights under applicable laws, including but not limited to the Copyright Act of the United States of America (1976). If you believe that third party material published or accessible through the Site constitutes an infringement of your copyright or trademark, please send a written notification of the infringement to email@example.com.
The written notice must specify the nature of the copyright or trademark infringement and include the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right ; (b) (i) with respect to copyright, a description of the material that you claim has been infringed; or (ii) with respect to trademark rights, a description of the material that you claim has been infringed, including the basis of your claim for such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights and the category of goods and / or services for which you claim such rights; (c) identification of the infringing material claimed, including the location of such material in VidCon applications, websites or services; (d) contact information, including the name of the copyright or trademark owner and his name, title, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the owner of the copyright or trademark or are authorized to act on behalf of the owner. By submitting a notice of infringement, you acknowledge and agree that VidCon or its designated agent may send the information you provide in your notice to the person responsible for the allegedly infringing material. If your material has been removed or disabled as a result of a notice of infringement and you believe that such material is not infringing, or that you have the authorization or the right to publish and use that material from the copyright or trademark owner Registered, from that owner’s agent, or in accordance with the law, you can send a counter-notification to VidCon’s designated agent at the above address. The counter notification must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of error or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number and a statement that you accept the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which VidCon can be found and that you will accept notification of the process from the person who provided the violation notification or from an agent of that person. VidCon or its designated agent will send its counter notification to the party that filed the infringement claim. If the complainant fails to file an action requesting a court order to prevent you from engaging in infringing activity related to the removed or disabled material within ten business days of receipt of VidCon’s counter notification, then VidCon may reinstate the material. removed or disabled.
12) Third party materials
In addition to the Products and Services offered by VidCon, this Site also advertises, offers or makes available information, products and / or services provided by third parties (collectively, the “Third Party Materials”). Third Party Materials are governed by separate agreements or licenses with Third Parties. VidCon makes no warranty and assumes no liability of any kind with respect to Third Party Materials, including without limitation any liability resulting from incompatibility between Third Party products and / or services and the products and / or services provided by VidCon. You agree that you will not hold VidCon liable for Third Party Materials or attempt to do so.
13) User conduct
By using the Site, including without limitation all Products and Services available through the Site, you agree to the following:
– to follow the guidelines established in the VidCon Code of Conduct;
– use the Site in a way that complies with all laws, regulations and rules that apply to you;
– not to use the Site, directly or indirectly, by and / or for any fraudulent company;
– to provide accurate and truthful information to VidCon in relation to the Site;
– not interrupt or interfere with the use or enjoyment of the Site or the affiliated or linked sites by any other user;
– access or monitor any material or information on any VidCon system using any manual process or robot, spider, scraper, or other automated means, unless you have separately signed a written agreement with VidCon referring to this;
– except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on the Site, work around, avoid or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled on the Site, or decompile, disassemble or reverse engineer the Site;
– do not upload or transmit through the Site any virus or other harmful, disturbing or destructive files;
– do not create a false identity;
– not to use or attempt to use the account, password, services or systems of another person;
– do not try to transmit any content that is not authorized to transmit and / or that infringes the rights of third parties; and
– not to interrupt or interfere with the security of the Site, or in any other way cause damage to it, or to any Product and Service, Site Materials, system resources, accounts, passwords, servers or networks connected or accessible through the Site or any affiliated or linked site.
– do not post any content that slanders, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicit bets, or participate in any gambling activity.
If we reasonably suspect that you have used the Site for an unauthorized, illegal or criminal purpose, you grant us express authorization to share information about you, your account and any of your transactions with the competent authorities.
14) International users
This site can be accessed from countries around the world and may contain references to VidCon products and services that are not available in your country. These references do not imply that VidCon intends to advertise or provide such Products or Services in your country. The Site is controlled, operated and administered by VidCon from its offices within the United States. VidCon does not make any declaration that the Site, or the Materials, Products and Services of the Site that appear in or are available through the Site, are appropriate, legal or available for use in other places outside the United States of America, and access to the Site from territories where the Site or any of the Materials, Products and / or Services of the Site are illegal is prohibited. If you access the Site from a location outside the United States of America, you are responsible for complying with all applicable laws, including, without limitation, applicable export control laws. You may not use the Site if you are a resident of a country embargoed or sanctioned by the United States, or if you are a foreign person or entity blocked or denied by the United States government. Unless explicitly stated otherwise, all materials found on the Site and on VidCon websites are directed only at individuals, companies or other entities located in the United States of America.
16) DISCLAIMER OF WARRANTIES
VIDCON DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTIONS AND TRANSMISSIONS WILL BE ERROR-FREE. IN ADDITION, VIDCON MAY REMOVE PART OR ALL OF THE SITE FOR A SCHEDULED REPAIR OR MAINTENANCE FROM TIME TO TIME. VIDCON WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO NOTIFY YOU BEFORE SUCH SCHEDULED REPAIRS OR MAINTENANCE. THE INFORMATION ON THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, TECHNICAL INACCURACIES OR OTHER ERRORS AND MAY NOT BE ACCURATE, COMPLETE OR UPDATED.
VIDCON DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED AND / OR MADE BY THIRD PARTIES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY THIRD PARTY PROVIDERS OR THOSE TO WHICH CAN BE ACCESSED THROUGH LINKS ON THE SITE ; VIDCON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES OF THIRD PARTIES; ANY DEAL THAT YOU MAY HAVE WITH SUCH THIRD PARTIES IS AT YOUR OWN RISK; AND VIDCON SHALL NOT BE LIABLE FOR ANY CONTENT, PRODUCT OR SERVICE OFFERED AND / OR MADE BY THIRD PARTIES.
17) Federal Consumer Protection Law – Limitation of Liability
When you are a Consumer, VidCon’s liability for breach of a Consumer Warranty is limited to (at our option):
– In the case of a delivery of goods: (i) the substitution of the goods or the supply of equivalent goods; (ii) the repair of the assets; (iii) the payment of the cost of the substitution of the goods or the acquisition of equivalent goods; or (iv) the payment of the cost of repairing the goods; and
– In the case of a provision of services: (i) resupply of services or (ii) payment of the cost of the new provision of services.
18) LIMITATION OF LIABILITY
If Consumer Guarantees apply, VidCon’s liability is limited in accordance with Section 17.
In all other respects, and to the maximum extent permitted by law:
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, VIDCON AND / OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, LAWYERS, EMPLOYEES, LICENSEES, PARTNERS, CONTRACTORS, SUPPLIERS, AND OTHERS, OTHERS AND OTHERS THIRD PARTY FOR ANY INJURY AS A RESULT OF YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION THOSE WHICH RESULT FROM ANY OR ALL EARNINGS, WHETHER OR NOT VIDCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE IS FORESEEN, AND IN ANY LIABILITY, ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS, PRODUCTS AND SERVICES OF THE SITE, THIRD PARTY STATEMENTS OR ACTIONS ON OR THROUGH THE SITE, ANY DEALS WITH SUPPLIERS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS OR ALTER RATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT SENT OR RECEIVED, ANY FAILURE IN THE STORAGE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE. , OR ANY WEBSITE TO WHICH IS REFERRED TO OR LINKED FROM THIS WEBSITE. YOU AGREE THAT VIDCON’S LIABILITY ARISING FROM ANY KIND OF LEGAL CLAIM IN ANY WAY RELATED TO THIS SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO VIDCON FOR USE OF THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, THEREFORE, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Initial dispute resolution. Most disputes can be resolved without resorting to arbitration. In the event of a dispute, VidCon or you must provide the other notice of the dispute to the other party. This notice must be in writing and will provide a brief, written description of the dispute, the remedy requested, and the contact information of the submitting party. You must send such notification to VidCon by email at firstname.lastname@example.org and email@example.com and by mail at VidCon, 1515 Broadway, New York, NY 10036 USA, in attention to EVP and General Counsel. To the extent that VidCon has your contact information, it will send you said notification by mail and your email address.
The parties agree to do their best to resolve any dispute, claim, demand or disagreement directly through mutual consultation, and good faith negotiations will be a condition for either party to initiate a lawsuit or arbitration. Notwithstanding the foregoing, disputes relating to patents, copyrights, moral rights, trademarks and trade secrets, as well as claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and notification and negotiation in good faith. required by this paragraph will be applicable to this type of controversy. Binding arbitration. Except as provided herein, if we are unable to resolve a dispute informally, any dispute will be resolved solely through binding arbitration to be conducted in New York, New York, United States of America.
Arbitration and Forum Rules. To initiate arbitration proceedings, you must send a letter requesting arbitration and describing your claim to EVP and the General Counsel, VidCon, 1515 Broadway, New York, NY 10036 USA. The arbitration will be conducted by a single arbitrator. Arbitration shall be governed by the Arbitration Rules of the Institute for Mediation and Conflict Resolution, as modified by this Section 19. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies that are otherwise available to you in accordance with the law of your state or territory.
To the extent that the arbitration filing fee exceeds the cost of filing a lawsuit, VidCon will pay the additional cost. VidCon will also bear the cost of any arbitration fee, unless the arbitrator finds that your claims, defenses or other fee-generating activity are asserted or carried out for an inappropriate or frivolous purpose. You are responsible for all other additional costs that may be incurred in the arbitration, including, without limitation, attorney’s fees and expert fees, unless VidCon is specifically required to pay such fees under applicable law.
If the VidCon claim or your claim is solely for monetary compensation of $ 10,000 or less and does not include a request for any form of equitable relief, the party filing the claim may choose whether to arbitrate the claim through from a telephone hearing, or through a face-to-face hearing under the Arbitration Rules of the Resolution Institute, based solely on documents submitted to the arbitrator. Consumer plaintiffs (individuals whose use of the Site is intended for personal, family or household use) may choose to file their claims with their local small claims court rather than through arbitration.
Matrices, Subsidiaries, Affiliates. This Arbitration Section shall also apply to any dispute involving any VidCon parent, subsidiary or affiliated company, present or future, or any VidCon employee, officer, director or investor, and to any claim made by any of them against them. , to the extent such claims arise from or relate to this Agreement (such as with respect to its validity or applicability), the Site, any person’s access and / or use of the Site, and / or the provision of content, products, services and / or technology on or through the Site.
Changes in this section. VidCon will notify you thirty (30) days in advance of any change in this section by publishing it on the Site, sending you a message or notifying you when you are logged into your account. The amendments will take effect thirty (30) days after they are posted on the Site or sent to you.
Otherwise, the changes in this section will only apply prospectively to claims that arise after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this section” is not applicable or valid, then this subsection will be separated from the section titled “Binding individual arbitration”, and the court or arbitrator will apply the first binding individual arbitration section. that exists after you have started using the Site.
Divisibility. Subject to Section 20, if any part or parts of this Arbitration Agreement are declared invalid or unenforceable under the law, then said specific part or parts will not be of any force or effect and will be cut and the rest of the Arbitration Agreement will continue in full force and effect.
20) WAIVER OF CLASS ACTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and VidCon agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any alleged class, consolidated or representative proceeding. You and VidCon also agree not to participate in any consolidated, class or representative proceedings (current or future) initiated by a third party arising out of or related to a dispute with a third party. The arbitrator may not combine more than the claims of a person or entity in a single case, and may not preside over any consolidated, class or representative proceedings (unless we agree otherwise) and, the arbitrator’s decision or award in the case A person or entity can only impact the person or entity that filed the claim, not other VidCon customers, and cannot be used to decide other disputes with other customers.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that the arbitration may proceed on a “class action” basis, then disputes, claims or controversies will not be subject to arbitration and must be litigated in a federal court located in Los Angeles, California, United States of America.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be separated from this section, and the rest of its provisions will be in full force and effect.
This Class Action Waiver Section will also apply to any claim that you assert against any VidCon parent, subsidiary or affiliate, present or future, or any VidCon employee, officer, director or investor, and to any claim you make assert any of them against you, to the extent that such claim is a dispute.
This Class Action Waiver section will survive any termination of your account or the Site.
21) Applicable law and venue
23) Contact us
If you have any questions, complaints or suggestions regarding the Site, please contact us at firstname.lastname@example.org.