vidREACH.io Terms & Conditions End-User
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Thank you for using VIDREACH.IO, Inc.’s (“VIDREACH.IO”) online digital interaction platform (the “Service”) to participate in a digital interaction (the “Digital Interaction”) with the company that invited you to use this Service (the “Company”). VIDREACH.IO is a platform Company uses to facilitate Digital Interactions such as yours, and we are not responsible for your Digital Interaction with Company. These Terms and Conditions (“Terms”) are between you and VIDREACH.IO and your use of the Service constitutes your consent to these Terms.
These Terms require you to agree, among other things, to the following:
- I acknowledge that the Digital Interaction may be recorded and I hereby consent to such recording, including the use of my name, likeness, voice and persona in connection with my use of the Service, and VIDREACH.IO’s and Company’s use of any such recordings as provided herein.
- I attest that I have voluntarily agreed to a conduct a Digital Interaction and related screening, training and/or analysis activities through the Service and that these Terms contain the entire and complete agreement concerning my use of the Service and the materials I may submit in connection with using the Service.
Important: If you do not agree to these Terms and Conditions, cease use of the Service, exit the Digital Interaction, and contact your Company representative.
- Eligibility. By using the service, you affirm that, under applicable law, you are of legal age and have the legal capacity to enter into these Terms or, if applicable, on behalf of your minor child who intends to use the service.
2.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms“), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- Submitted Content
3.1 Generally. Certain features of the Service may permit you to submit, or for VIDREACH.IO to capture on behalf of Company, certain content, including documents, interactions (including audio and audiovisual recordings of interviews or coaching sessions, question responses, challenges, tests, assessments, trainings) messages, data, code, text, and other types of works, including your name, voice, persona, and likeness that may be embodied therein (collectively, “Submitted Content”) and to transmit Submitted Content to Company through the Service.
3.2 Ownership and Permitted Use of Submitted Content. By providing or making available the Submitted Content, you agree that Company owns all right, title and interest in and to the Submitted Content and Company may use the Submitted Content at their sole discretion for the purpose of the Digital Interaction and all related activities. In connection with VIDREACH.IO’s agreement with Company, Company has granted VIDREACH.IO (and, if applicable, VIDREACH.IO subcontractors) a license in connection with VIDREACH.IO’s provision of the Service to Company to do some or all of the following: host, store, transfer, display, perform, reproduce, index and analyze Submitted Content. By agreeing to these Terms, you expressly authorize VIDREACH.IO to use the Submitted Content in connection with its operation of the Service to Company. VIDREACH.IO may derive and use anonymous analytical information derived from your Submitted Content in order to improve and provide services to our customers. Please note VIDREACH.IO will not ever publish your Submitted Content without your express consent or direction to do so.
Please note, if you provide us any ideas, proposals or suggestions (“Feedback”), whether related to the Service or otherwise, such Feedback will be owned by VIDREACH.IO. Any use of such Feedback by VIDREACH.IO is without any compensation paid to you.
3.3 Submitted Content Representations and Warranties. You are solely responsible for your Submitted Content and the consequences of posting, publishing, or otherwise making your Submitted Content available through the Service. By doing so, you affirm, represent, warrant, and covenant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to disclose and deliver such Submitted Content to VIDREACH.IO and Company as contemplated herein, and to authorize VIDREACH.IO and Company to use, distribute, and sublicense your Submitted Content and derivatives thereof in the manner contemplated by these Terms, in each case without violating the rights of any third party or any agreement you may have with any third party, including without limitation any current or prior employer; and
- Your Submitted Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party.
3.4 Disclaimer. VIDREACH.IO may, but is not obligated to, at any time and without prior notice, monitor, evaluate, screen, remove, edit, or block any Submitted Content that in our sole judgment violates these Terms or is otherwise objectionable. To the extent permissible by applicable law, you agree to waive, and hereby do irrevocably waive, any legal or equitable rights or remedies you have or may have against VIDREACH.IO with respect to Submitted Content. We expressly disclaim any and all liability in connection with Submitted Content. For clarity, VIDREACH.IO does not permit copyright-infringing activities on the Service.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
4.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
4.2 violate, or encourage others to violate, the rights of third parties (including any current or future employer), including by infringing or misappropriating third party intellectual property rights in connection with your use of the Service;
4.3 post, upload, or distribute in connection with the Service any Submitted Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
4.4 interfere with security-related features of the Service, or otherwise interfere with the operation of the Service or any user’s enjoyment of the Service;
4.5 perform any fraudulent activity in connection with the Service including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age, date of birth, or qualifications;
4.6 attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4.
- Third-Party Services and Linked Websites. VIDREACH.IO may provide tools through the Service that enable you to import information from and/or export information (including Submitted Content) to third-party services, including through features that allow you to link your account on the Service or your Submitted Content with an account on a third-party service (for example, LinkedIn). By using these tools, you authorize us to access such accounts on your behalf, and transfer such information to and from the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your imported or exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
- Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, VIDREACH.IO, in its sole discretion may terminate your access to the Service at any time, for any valid reason. VIDREACH.IO will provide prior notice of such termination if required by applicable law, in which case VIDREACH.IO will provide you with twenty-four (24) hours’ prior notice or, if applicable law mandates a longer period, the minimum notice period permitted under such applicable law. Except as prohibited under applicable law, VIDREACH.IO also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you, in each case, in our reasonable discretion. The Service has been provided to you free of charge, and as such we will incur no liability to you as a result of any change to the Service or any suspension or termination of your access to or use of the Service.
- Changes to These Terms. Subject to applicable law, we reserve the right, at our discretion, to change these Terms on a going-forward basis at any time as necessary to comply with applicable law or changes in the Services. Please check these Terms and Conditions periodically for changes. To the extent required by applicable law, we will post notice that material Terms and Conditions have been updated. If you do not agree with a change we make in these Terms and Conditions please contact Company and ask for your Submitted Content to be deleted from our servers and terminate your access to the Service.
- Ownership; Proprietary Rights. The Service is owned and operated by VIDREACH.IO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided through the Service are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of VIDREACH.IO, Company, or our third-party licensors. Except as expressly authorized herein, you may not use the Materials other than for the purpose of participating in a Digital Interaction or otherwise communicating with Company, or disclose any Materials you obtain or get access to through the Service. VIDREACH.IO, Company, and our third-party licensors hereby reserve all rights to the Materials not granted expressly in these Terms.
- Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS,” AND “AS AVAILABLE,”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. VIDREACH.IO AND COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONSULTANTS, PARTNERS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, AND AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VIDREACH.IO AND COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONSULTANTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, SUBSIDIARIES, AND AGENTS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE MADE AVAILABLE IN AN UNINTERRUPTED MANNER, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING VIDREACH.IO, COMPANY OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR DEALINGS WITH OTHER SERVICE USERS AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT IF YOU CHOOSE TO USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THIRD PARTY MATERIALS OR CONTENT OR ACCESS ANY ASSOCIATED SITES OR SERVICES YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, THEFT OR LOSS OF DATA THAT RESULTS FROM THE USE, ACCESS OR DOWNLOAD OF SUCH THIRD PARTY MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF VIDREACH.IO OR COMPANY TO YOU FOR ANY AND ALL DAMAGES AND/OR CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE ACTUAL FEES PAID BY CLIENT FOR THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE ACT OR OMISSION GIVING RISE TO VIDREACH.IO OR COMPANY’S LIABILITY. NEITHER VIDREACH.IO NOR COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PURELY ECONOMIC LOSSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE, INCOME, BUSINESS OPPORTUNITIES OR CUSTOMER GOODWILL, OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, ANTICIPITORY, INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO THE SERVICE, THESE TERMS AND CONDITIONS, AND/OR THE ADDITIONAL TERMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, DEFECT, WARANTY OR TORT, EVEN IF VIDREACH.IO OR COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in this Section 10 is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) in the event of death or personal injury to the extent resulting directly from VIDREACH.IO’s willful or negligent act or omission or any of its employees or agents; (b) to the extent resulting from any fraudulent misrepresentation on the part of VIDREACH.IO; (c) to the extent resulting from any breach of any essential contractual duty; or (d) to the extent arising out of any willful or grossly negligent misconduct on the part of VIDREACH.IO.
- Indemnification. Except as provided in the section titled “Arbitration,” with respect to arbitration proceedings between you and VIDREACH.IO, you indemnify, defend, hold harmless, and fully discharge VIDREACH.IO, its subsidiaries, business units, affiliates, parent companies, its predecessors and successors and its respective employees, subcontractors, officers, directors, members, managers, shareholders, legal counsel, agents, trustees, joint venturers, partners, successors, assigns, and affiliates, past and present (each an “Indemnified Party”) from and against any and all claims, proceedings, actions, demands, suits, damages, costs, expenses and other liabilities and losses of whatsoever kind or nature, including reasonable attorney’s fees and costs, (“Claims”) incurred by, or threatened, imposed or filed against, any Indemnified Party by a third party and arising from, attributing to, or related to (i) your breach of any representations or warranties under these Terms and Conditions; (ii) your breach of these Terms and Conditions; (iii) any marketing of your products or services; (iv) the manufacture, delivery, sale, or use of your products or services; or (v) any act or omission by VIDREACH.IO, including any negligent or intentional acts, and any act not authorized under the Terms and Conditions. In addition, you agree that you will not assert any claim against any Indemnified Party in any court of law based upon or related to the Service, these Terms and Conditions, and/or the Additional Terms.
- Governing Law. Except for arbitration, if you are using the Service in the United States, these Terms and Conditions shall be governed by the laws of the State of Georgia without regard to conflict of law principles and to the extent that any lawsuit or court proceeding is permitted hereunder, you and VIDREACH.IO agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fulton County, Georgia for the purpose of litigating all such disputes.
- Arbitration. THE PARTIES AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS), ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, ITS INTERPRETATION, OR A BREACH, OR THE VALIDITY THEREOF, OR THE RELATIONSHIP THAT RESULTS FROM THESE TERMS AND CONDITIONS, OR DIGITAL INTERACTION WILL BE RESOLVED EXCLUSIVELY AND FINALLY IN ATLANTA, GEORGIA, PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN A COURT OF COMPETENT JURISDICTION. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE AAA COMMERCIAL ARBITRATION RULES AND THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS WILL CONTROL ALL PARTIES TO ANY SUCH ARBITRATION MUST BE INDIVIDUALLY NAMED. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN YOU AND VIDREACH.IO. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CLIENTS OF VIDREACH.IO OR COMPANY, OR OTHER PERSONS SIMILARLY SITUATED. YOU HEREBY AGREE NOT TO PARTICPATE AS A CLASS MEMBER IN ANY SUCH PROCEEDING. THE ARBITRATOR OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF. NO CLAIM SUBJECT TO ARBITRATION UNDER THESE TERMS AND CONDITIONS MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR.