Terms of Service
By using the VideoLinkwell service, (the “ VideoLinkwell Service”) including the application software, (the “VideoLinkwell Software”), you are agreeing to be bound by the following terms and conditions, (“Terms of Service”). Koob Sourcetext Solutions Inc. (the “Company”) is the owner of the VideoLinkwell Service and the VideoLinkwell Software, (collectively the “Service”) and related intellectual property and reserves the right to update and change these Terms of Service without notice.
Violation of any of the Terms of Service may result in the termination of your account.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted or activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted. Each login requires a separate account.
- You must be human. Accounts registered by “bots” or other automated methods are not permitted.
Customers may access their Service data via the VideoLinkwell Software which accesses the Service through the Application Program Interface (“API”), and via the VideoLinkwell website. Access to the API through third party products is not permitted. Any use of the API, is bound by the terms of this agreement plus the following terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API.
- Service use is limited according to your membership subscription. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial. Once that trial is up, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
- Any upgrade or downgrade in plan level for which there is a charge will result in a prorated charge for the current billing cycle and the new rate being charged at the next billing cycle. There will be no prorating or refunds for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- Features and capacity reductions as a result of downgrading your service take effect immediately upon downgrading.
- All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the ‘My Account’ link in the global navigation bar at the top of the screen then clicking on the ‘Pricing’ link on that page. The Pricing screen provides simple no-questions-asked cancellation button below your current membership package.
- All of your content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up cycle, your cancellation will take effect immediately, however there will not be any prorating of unused time in the last billing cycle.
- The Company in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days’ notice from the Company. Such notice may be provided at any time by posting the changes to the VideoLinkwell site or the Service itself.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Content includes your username, project documents including files, videos, text comments and other data ("Content") which you create using the software, upload to the VideoLinkwell servers and share with other users of the Service.
- All Content posted on the Service must comply with Canadian copyright laws.
- We claim no intellectual property rights over the Content you provide to the Service. All Content remains yours and your responsibility. You grant the Company a worldwide and royalty-free license to use your Content on the Software and Service solely for the purpose of providing the Software and the Service; including for example to make copies, retain, transmit, reformat, display, host, store, modify and facilitate your distribution of your content via communication tools.
- Sharing of Content, or identifiable information that you include with the Content, by you with other users of the Service is solely your responsibility. The Company is not responsible for any loss or damage as a result of that Content or information being shared. It is your responsibility to ensure you don't share Content or information with users you don't intend to share that Content or information with.
- The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Software License terms
The VideoLinkwell Service is accessed by the VideoLinkwell Software (in these licence terms referred to as the “Software”) which the Customer may use upon upon the following terms:
- License. The Customer is provided a nonexclusive license to reproduce and use the Software to access the VideoLinkwell Service while they have an active account, provided Customer complies with the restrictions set forth in Section 2 below, ‘Restriction of Software Rights’.
- Restrictions on Software Rights. Copies of the Software created or transferred pursuant to this Agreement are licensed, not sold, and Customer receives no title to or ownership of any copy or of the Software itself. Furthermore, Customer receives no rights to the Software other than those specifically granted in Section 1 above. Without limiting the generality of the foregoing, Customer shall not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software; (b) use the Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software’s source code.
- Delivery. The Company will provide the Software and related documentation, (the “Documentation”) to the Customer through a reasonable system of electronic download.
- Documentation: The Customer may reproduce the Documentation as reasonably necessary to support internal use of the Software.
IP & Feedback
- IP Rights to the Software. The Company retains all right, title, and interest in and to the Documentation and Software, including without limitation Upgrades, except to the extent of the limited licenses specifically set forth in Software License terms 1 License; 2. Restrictions on Software Rights, and 4. Documentation. The Customer recognizes that the Software and its components are protected by copyright and other laws.
- IP Rights to the Service. The company retains all right, title, and interest in and to the Service, including without limitation the Software and all graphics, user interfaces, logos, and trademarks reproduced through the Service. This Agreement does not grant Customer any intellectual property license or rights in or to the Service or any of its components. Customer recognizes that the Service and its components are protected by copyright and other laws.
- Feedback. Customer hereby grants the Company a perpetual, irrevocable, worldwide license to use any suggestion or idea for modifying any of the Company’s products or services, including without limitation all intellectual property rights in any such suggestion or idea, (the “Feedback”) which Customer communicates to the Company during the Term, without compensation, without any obligation to report on such use, and without any other restriction. The Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Feedback will not be considered Customer’s Confidential Information.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email and/or Skype.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of the Company, which consent can be unreasonably withheld.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- VideoLinkwell uses secure connections for transmission of your personal information and content. However, you understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that storage of content online in the “cloud” as part of the VideoLinkwell Service is intended only as a way to share content with other VideoLinkwell Customers and is not to be considered a backup or archive of your content. You understand that you are responsible for backing up your own content.
- You understand and agree that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks. Vendor offers no representation, warranty, or guarantee that Customer data will not be exposed or disclosed through errors or the actions of third parties.
- DISCLAIMER: CUSTOMER ACCEPTS THE SERVICE “AS IS” AND AS AVAILABLE WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or form the service; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service
- We reserve the right to temporarily disable your account if your usage exceeds the level of service in your purchased subscription package or significantly exceeds the average usage of other Service customers. We will contact you by email prior to taking any such action, unless in the exceptional case the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.