Hosted Cloud Video
TERMS AND CONDITIONS OF USE
1. Account Holders
Certain portions of the Website may be accessed only by HCV account holders (“Account Holders”). Additional terms and conditions will apply to each Account Holder of HCV. On requesting a HCV account, you warrant that all information you submit to us is true and accurate and that you are of sufficient legal age in your jurisdiction to create binding legal obligations.
HCV is not liable for any breach of the above warranties by an Account Holder, whether or not such breach is caused intentionally. In the event of a breach of one or more of the above warranties, and without limitation to any other remedy available to it, HCV may discontinue an account or revoke the privileges of the Account Holder.
2. Term – Account Holders
An Account Holder may terminate this Agreement by contacting HCV. However, notwithstanding such termination, the Account Holder will remain responsible for paying any applicable fees and/or charges pertaining to the remaining portion of the subscription period, and any other fees or charges incurred through your use of the Website.
In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination.
The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Use, and any indemnification obligations imposed upon you hereunder, shall survive any cancellation or termination of this Agreement.
5. User Information
6. Disclaimer of Warranty, Limits of Liability and Indemnity
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HCV IS NOT LIABLE TO YOU FOR ANY LOSS YOU SUFFER IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE, ANY LINKED WEBSITES OR ANY SOFTWARE AVAILABLE AT THE WEBSITE.
IN NO EVENT SHALL HCV, ITS SERVICE PROVIDERS, AFFILIATES, ASSOCIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF HCV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE HCV'S WEBSITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT HCV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You must provide and are solely responsible for all hardware and/or software necessary to access the Website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
7. Intellectual Property Rights
HCV and related words, domain names and logos are trade-marks and the property of HCV. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The intellectual property rights in material contained on the Website, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are held by HCV and its licensors, except as otherwise expressly provided herein. ALL RIGHTS RESERVED.
All software, materials, information and content offered by HCV are protected by copyright and other applicable laws. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner. You may not reverse engineer the Services and/or any of HCV’s technology or software for any purpose whatsoever.
8. Right to Use
Nothing contained in this Agreement shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of HCV or any other party who owns or has proprietary rights to the content, information and materials provided on the Website.
9. Third Party Links
We may provide links to third-party sites that might be of interest to you. We do not endorse any such site and have no control over the content or availability of these sites. It is your responsibility to read and understand each site's privacy and other policies as well as the terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site's web master or site administrator. HCV is not liable for any damages that you incur, and you agree not to assert any claims against us arising from your use of any third-party site.
10. Compliance with Laws
You shall abide by all local, Provincial, national, and foreign, laws, treaties and regulations in connection your use of the Website, including those related to privacy.
11. Prohibited Behaviour
You agree that you will not:
• restrict or inhibit any other user from using and enjoying the Website;
• interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
• gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means;
• use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
• use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law;
• use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
• use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• use the Website to advertise or solicit to anyone to buy or sell products or services, to cease using the Website, to visit another competing Website, or to make donations of any kind, without our express written approval; or
• gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
You agree to indemnify HCV and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
You agree to fully indemnify and hold harmless HCV, and all our personnel and agents from and against all damages, losses, expenses and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any circumstances related to your negligence or wrongful conduct when using the Website.
13. Jurisdictional Issues
Some or all of the products and services offered on the Website may not be eligible for solicitation in your jurisdiction. If you are accessing this Website from such a jurisdiction, you should not consider anything on this Website as an offer to sell or as a solicitation to the public to purchase any product or service from HCV. The Website is for use only by persons residing in jurisdictions where such products and services may legally be sold.
HCV makes no representation that any of the materials contained in the Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Force Majeure
Neither party shall be in default if failure to perform any obligation hereunder is caused by supervening conditions beyond the failing party’s control, provided that the party seeking excuse is reasonably diligent in attempting to remedy the supervening condition, uses reasonable efforts to notify the other party of the supervening condition, and resumes performance as soon as possible.
Any notice required under this agreement to be given by writing shall be delivered to us.