By accessing vidrack.com, it’s plugins or widgets, videos, video hosting, or any affiliated subdomains (the “Site”), you accept the terms and conditions in this user agreement along with any policies or operating rules that may be published by vidrack. The Site is made available by VIDRACK, INC. (“VIDRACK”)
The Site is to be used for entertainment, information, research, purposes only. The Site publishes content submitted by users including: articles, reviews, video reviews, etc. All opinions contained in the content submitted by the users represents the perspectives and opinions of the respective content creators, not of VIDRACK. Publication, by VIDRACK, is in no way our recommendation, advice, or endorsement expressed therein.
Updates to the TERMS AND CONDITIONS
At any time, by posting a new version of the Terms and Conditions, VIDRACK may, at its discretion, remove, add or change the current Terms and Conditions. By virtue of your usage of the Site, you agree to accept any changes in advance.
Updates and MODIFICATIONS TO THE SITE
VIDRACK reserves the right, at their discretion, to change, suspend or terminate any part of the Site including features, hours the site is available, or content, without any notice to you. Without notice of penalty, VIDRACK may restrict your access to the Site or limit access to certain aspects of the Site.
Using CONTENT SUBMITTED BY USERS
You are aware that VIDRACK is not involved in, or have any authority over, user submitted information, and that any statement, advice, opinions, offers, services or other types of user generated information are independent authors that have sole liability for their content. No liability or responsibility for any content posted for you or, any user, shall be assumed be assumed by VIDRACK. You acknowledge that VIDRACK has no obligation to review, or monitor, user generated content. No responsibility whatsoever shall be assumed by VIDRACK in relation to the content generated by its users.
Guidelines for the community and User GENERATED CONTENT
Any content that you submit, post, or otherwise transmit, through the Site, is your sole responsibility. In the sole discretion of VIDRACK, they have the right to modify, reject, or delete, any submissions, postings or other user generated content sent to the Site.
By using our Site you hereby agree, and warrant, that you will not distribute, transmit, upload, post, or otherwise publish through the Site any user generated content, or act in any way which, in the sole discretion of VIDRACK are: (i) are defamatory, threatening, obscene, infringing on intellectual property rights, invasive of privacy, or otherwise objectionable, or injurious to, third parties; ii) are profane, harassing, threatening or unlawful; iii) behave, or encourage others to behave, in manner that would be considered criminal or create civil liability; iv) prevent, interfere, inhibit or restrict any user for using the Site; v) any form of commercial material used for solicitation or advertising, mass emails ‘spam’, virus, spyware, or other malware, or be used to distribute political material; or vi) is in anyway harmful to the community.
Free and Premium Usage
Vidrack is free for testing. For commercial or production usage please register for Vidrack Pro available here.
Additional Terms and Conditions:
All interest in, title, and right to all content on the Site is owned by VIDRACK or owned by the vendors of the products and used with their agreement. VIDRACK™ is a service mark for VIDRACK, and that VIDRACKs service and trade marks may only be used publicly with the written permission of VIDRACK. Nowhere on the Site should any user assume that granting, or otherwise, of any license or right to use any content published on the Site, including but not limited to the trademarks or copyrights displayed on the Site, without the express written permission of VIDRACK or the appropriate third party owner of that content displayed on the Site. Any misuse or use other then that provided in this Terms and Conditions, of content is strictly prohibited.
COMPLAINTS over COPYRIGHT
VIDRACK may, at its sole discretion, terminate the access of subscribers, users, and holders of accounts that have been considered to be infringing the copyrights of third parties. If you believe that content that you own has been copied and is published on the Site in such a way as to constitute infringement of copyright, you may contact vidrack. Please send any such complaints to firstname.lastname@example.org
EMBEDDABLE VIDEO PLAYER and RECORDER / ”WIDGET” or “PLUGIN”
As long as any link to the Site is not a ‘frame’, VIDRACKs provides its permission for you to link to content published on the Site for commercial and private purposes only. Embedded code will be provide for the VIDRACK Video Player which, at your discretion, may install into your private or commercial website for you to view content published on the Site, provided that you link to VIDRACK in a way that is seen by other users easily. It is possible that the VIDRACK Video Player and Recorder may display third party content. Redistribution of the VIDRACK video player and Recorder is not allowed.
At any time, and for any reason, VIDRACK may, in its sole discretion, prevent you from linking to the Site. You agree to remove from your website the VIDRACK Player and Recorder immediately upon request from VIDRACK. You agree, and accept without any limitation, all the terms and conditions set forth in t his user agreement by using the VIDRACK Player and Recorder.
Third Party Content
Third parties are involved in creating some of the content that is published on the Site. VIDRACK is in no way responsible nor warrants that any content, or product descriptions, on this Site, is accurate, error-free, reliable, or complete. All content on the Site is on an “as is” basis. The content, and any use by you, are subject to removal or change at any time.
Paid advertisements may be displayed on the Site. Links arising from third parties do not mean that any endorsement of such sites are provided by VIDRACK. Third party content, and content that is linked from our site, has not been reviewed by VIDRACK, and is not the responsibility of the Site. No liability or responsibility for the content, product, or actions of any third party will be assumed by VIDRACK. VIDRACK may provide links on the Site that point to products sold by third party merchants. VIDRACK may be paid in exchange for these links. All products listed on VIDRACK are sold by third party vendors and not by VIDRACK. By using our Site, you agree that VIDRACK will in no way be liable or responsible for any damage or loss of any sort arising out of any transactions with these third parties. If you have claims, questions, or complaints in relation to any service or product you will need to send them to the related vendors. You should analyze the statements of privacy and other related conditions of use for each and every third party vendor.
All risk, from usage of the Service and Site, including damage, death, or injury, is assumed by the user. By using the Site you have be forewarned of the risks and limitations related to the use of content published by the Site, and based on your own free will, you choose to use the Site.
ALL CONTENT, INFORMATION, AND SERVICES OFFERED ON THIS SITE, OR MADE AVAILABLE THROUGH THE SITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, IMPLIED OR EXPRESS, WITHOUT LIMITATION, FITNESS, OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. VIDRACK DOES NOT WARRANTY THAT (i) THE FUNCTIONS, OR THE SITE, CONTENT OR SERVICES CONTAINED WILL BE SECURED, UNINTERRUPTED, ERROR FREE, TIMELY; (ii) ANY DEFECTS WILL BE CORRECTED; (iii) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER CONTENT YOU WERE LINKED TO BY VIDRACK. SOME WARRANTIES CAN NOT BE EXCLUDED IN SOME JURISDICTIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
VIDRACK SHALL, IN NO WAY, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES THAT ARE INDIRECTLY OR DIRECTLY RELATED TO ANY USE OF, OR LACK OF AN ABILITY TO USE, THE SITE, OR ITS CONTENT, INFORMATION, AND SERVICES RELATED EVEN IF VIDRACK HAS BEEN MADE AWARE OF THE POSSIBILITY OF DAMAGES. SOME LIABILITIES CAN NOT BE EXCLUDED IN SOME JURISDICTIONS, SO SOME OF THE ABOVE LIABILITIES MAY NOT APPLY TO ALL USERS. IN NO EVENT SHALL THE TOTAL LIABILITY ARISING FROM VIDRACK, TO YOU, FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN TORT OR CONTRACT, INCLUDING NEGLIGENCE, BUT NOT LIMITED TO) THAT MAY ARISE FROM THIS AGREEMENT OR YOUR USE OF VIDRACK EXCEED FIFTY DOLLARS ($50.00) IN THE AGGREGATE.
You agree to hold, indemnify and defend VIDRACK and its employees, directors, officers, licensees, agents, assigns, and successors harmless from and against any claims, liabilities, losses, damages, costs, and expenses (including attorneys fees) suffered or incurred by them related to claims rising out of, or related to, (a) use, by you, of the Site. (b) violation, or breach, of these terms and conditions, or (c) dispute between you and another user. VIDRACK, at its own expense, reserves the right to assume control and defence of any matter subject to indemnification by you, and in no event whatsoever settler or otherwise dispose of any matter without written consent from VIDRACK.
Termination of your account, password or use of the Site may result at VIDRACKs sole discretion, at any time for any reason with notice or without, and that the Site may remove and discard content generated by you and submitted to the site. At any time, with or without notice, at the discretion of VIDRACK, may no longer provide the any part, or all of, the site. You agree and acknowledge, that VIDRACK may deactivate or terminate your account and access to it along with all files and related content, without any notice, according to the Terms and Conditions. You shall not hold any liability against VIDRACK, or any third party, should VIDRACK terminate your access to the Site. If you disagree with any condition or terms your immediate recourse is to terminate your account, and discontinue use of the Site.
You agree that this agreement will be governed by the laws of the Province of Ontario, Canada if there is any disputes arising. Any issues involving VIDRACK in regards to the Terms and Conditions of use of the Site will be in front of a Provincial, or Federal, Canadian court. Any rulings of said court will be deemed final.
All notices, unless stated otherwise, must be sent to VIDRACK at email@example.com. Any notices sent by VIDACK shall be sent to the email account you furnished us with. After 24 hours of the email being sent notice will be considered completed, provided the sending party is not notified that that is an invalid email address.
EMAIL NOTIFICATIONS AND UPDATES
By agreeing to these terms and conditions you agree to receive email updates on Vidrack’s products and services.
There is no way that VIDRACK can make any guarantees, or representation, that the materials on the Site is legal, appropriate, or even available anywhere outside Canada and the US. Any one who attempts to access the site outside of the US and Canada must ensure that they are in compliance with the local laws. If certain provisions are not enforceable in your jurisdiction, then the remainder of the agreement will be enforced to the maximum allowable by law. The remainder of Terms and Conditions will remain in effect. The failure by either VIDRACK or you to enforce any provision or right shall in no way constitute a waiver of such right or provision. You agree that you have twelve months to file any grievance after it allegedly occurs, to file with VIDRACK, otherwise any such grievance is permanently barred. This agreement supersedes all prior agreements, and comprises an entire agreement, between you and VIDRACK. Upon termination of the Terms and Conditions all disclaimers, indemnifications, warranties, and limitation of liability discussed in this document shall survive the termination of this document.