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Terms & Conditions of Use

Welcome to Videobserver, we appreciate your preference.

The services and tools available on and through this website (“VO”) are provided by Videobserver, SA (“Videobserver”).

The use of VO is governed by these Terms and Conditions and by using VO, you agree to be bound by this Agreement.

Videobserver reserves the right to modify this Agreement at any given moment and such modification shall be effective once posted on VO Site. When you use VO you also agree to be bound to any changes to this Agreement after they have been posted. You should review this Agreement regularly.

If you do not agree with this Terms and Conditions, you should stop using VO immediately.



Eligibility



By using VO, you are responsible for submitting to us truthful and accurate registration information. You also agree that:
(a) You are 18 years of age or older;
(b) Your use of VO does not violate any applicable law or regulation.



Registration



To make a full use of VO you must register, provide us some personal and/or organization details and create a password. You are entirely responsible for the accuracy of the information provided and for your account use and content. You should not disclose your password to any one and it’s your responsibility to maintain it confidential.

If you suspect that your account security was compromised or that some unauthorized use can happen, please contact us immediately.



Limited License



You are authorized to copy or print VO’s materials for your personal and noncommercial use. You are not authorized to modify VO’s materials or make any unauthorized public or commercial use.

Also, you agree on not using any means with the intention of discovering VO’s technical architecture and details, copy or reproduce contents and neither monitor VO’s usage or users.



User Content.



You are the only responsible for the contents you introduce, use or upload to your VO account. If you use or upload contents from third parties to your VO account, we reserve the right to remove those contents if required from such third parties. Videobserver does not claim any ownership rights in user uploaded contents (text, files, images, photos, video, sounds, music, or any other materials).

You grant us and our licensees, distributors or agents (“Videobserver Associated Entities”), a perpetual, non-exclusive, royalty-free and transferable (in whole or part) worldwide license to use anonymized content, in whole or in part, in order to produce reports, studies, statistics and derivative works that can be reproduced, transmitted, displayed, exhibited, distributed in all media formats and channels for any and all purposes.



Other Copyright and content ownership



The Site and the Services, as well as certain content available therein (together, “Videobserver Intellectual Property”), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries. Videobserver owns and retains all such rights in the Videobserver Intellectual Property. Videobserver hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Videobserver Intellectual Property solely for your personal use in connection with viewing the Site and using the Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Videobserver Intellectual Property appearing on the Site or through the Services.

Without limiting the foregoing, Videobserver and the Videobserver logo are trademarks of Videobserver, protected under international law, the laws of the United States and other countries. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Videobserver’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Videobserver and their products or services.



User Conduct



As a VO user you must comply with some conduct rules and agree on not using VO to:
  • Conduct or participate in any kind of commercial activities or sales without our previous written consent;
  • Upload, post or distribute offensive contents, including pornography, violence, racism, discrimination or harassment against any group or individual;
  • Try to obtain personal information from any User;
  • Transmit “spam”, “junk mail”, “malicious contents”, “chain letters” or “unsolicited mass mailing”;
  • Publish and promote false or misleading information;
  • Promote any kind illegal activities;



Privacy



You agree to the terms of the Videobserver Privacy Policy, as it may be updated from time to time, a copy of which is posted on the Site.



Links to Other Sites



VO may provide you links to other web sites not operated or maintained by Videobserver, but by doing this we are not endorsing those third party websites or their content.
Videobserver assumes no responsibility for content of sites that are managed by third parties.



Payment, Refunds, Upgrading and Downgrading Terms



VO subscription payment will be done preferably by Credit Card, Paypal or other electronic available options.

VO subscriptions are charged in advance, depending on the plan and periodicity contracted, and are not reimbursable. There shall be no reimbursement or credits for partial months of usage. No exceptions shall be considered based on the principle of equality.

Taxes or obligations imposed by the fiscal authorities of your country or state are not included in the accorded price and are part of your responsibility as a VO user.

The price of a specific plan cannot be renegotiated.

Not paying the subscription plan implies and immediate account suspension.



Cancellation and Termination



VO service or account cancellation is your responsibility. You should cancel your account through VO site, email or phone cancellation requests are not considered.

If you cancel your account it is your responsibility to create a data backup.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, you will not be reimbursed for the remaining subscription time and you will not be charged again.

Videobserver, in its sole discretion, has the right to suspend or terminate your account and refuse the use of VO. Videobserver reserves the right to refuse service to any person or entity.



Modifications to the Service and Prices



Videobserver may discontinue VO or part of it, whenever Videobserver detects the necessity to change or correct it. The user expressly accepts that Videobserver automatically supplies the users with such corrections as part of VO and any possible breakdowns inherent to these.

As part of the service, Videobserver may temporarily discontinue or make changes to VO, as a result of corrections to software problems, functionality improvements, general improvements, or even provide completely new versions, aiming to improve the service provided, to maximum user satisfaction and benefit. Videobserver shall not be liable towards any user or any third-party for any damages that may result or arise from the termination or suspension of the account and/or access to VO by the user.

Prices of VO, including but not limited to monthly subscription plans, are subject to change upon 30 days notice from Videobserver. Such notice may be provided at any time by posting the changes to VO site (www.videobserver.com) or sending a message to the user account.

Videobserver shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of VO.



Disclaimers



Disclaimers of warranties: Videobserver disclaims all warranties. VO site, tool and services are provided on an “as is” basis without any warranties of any kind. Videobserver is not able to warrant that VO will operate accurately and error-free. Videobserver uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run VO. We also can’t give any warranties about availability, reliability and security. Our solely compromise is to give our best effort to minimize the possibilities that any of the above mentioned situations happen.

Disclaimer of consequential damages: neither Videobserver nor the Videobserver associated entities or their directors, employees, licensors, content providers, affiliates or other representatives will be liable for any damages whatsoever arising from the use of VO.



Dispute Resolution



This Agreement shall be interpreted and governed by the laws of Portugal. All disputes related to this Agreement shall be resolved exclusively in Portuguese Courts, in Lisbon.

Videobserver reserves the right to start and prosecute legal actions or proceedings before any non-Portuguese court of competent jurisdiction to obtain injunctive or other relief.



Other Miscellaneous Terms



If any clause of this Agreement is found unenforceable, wherever possible this will not affect any other clause or the rest of the agreement that will remain valid.

This Agreement constitutes the entire agreement between you and Videobserver regarding the use of VO.
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