TERMS OF SERVICE

Last updated on: September 2, 2020

By signing up for a Video Rescue Account (as defined in Section 1) or by using any Video Rescue services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Video Rescue” means the applicable Video Rescue Contracting Party (as defined in Section 4 below).

The services offered by Video Rescue under the Terms of Service include video editing products and services. Any such services offered by Video Rescue are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Video Rescue reserves the right to update and change the Terms of Service by posting updates and changes to the Video Rescue website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Video Rescue’s Privacy Policy.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Video Rescue or any Video Rescue services, you are agreeing to these terms. Be sure to occasionally check back for updates.

 

1. Account Terms

  1. To access and use the Services, you must provide your name, phone number, a valid email address, and any other information indicated as required. Video Rescue may reject your request for services, for reasons related to governing laws including copyright infringement, at our sole discretion.

  2. You acknowledge that Video Rescue will use the email address you provide on purchasing services as the primary method for communication with you.

  3. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your request for services.

  4. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Video Rescue may result in an immediate termination of your Services.

WHICH MEANS

You are responsible for your Account information and any Materials you upload to the Video Rescue Service. Remember that if you violate these terms we may cancel your service. If we need to reach you, we will send you an email.

2. Account Activation

2.1 Account Holder

  1. Subject to section 2.1(2), the person signing up for the Service by placing an order will be the contracting party (“Customer”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Customer in connection with the Service. 

  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Customer. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 PayPal Express Checkout and Video Rescue Payments 

  1. You acknowledge that PayPal Express Checkout and/or Video Rescue Payments will be your default payments gateway(s) and that it is your sole responsibility as the Customer to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service.

WHICH MEANS

Only one person can be the “Customer”, usually the person signing up for the Video Rescue Service. The Customer is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Customer responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy, before you may become a Video Rescue User. 

  1. Technical support in respect of the Services is only provided to Video Rescue Customers.

  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

  3. You acknowledge and agree that Video Rescue may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Video Rescue’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Video Rescue’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

  4. You may not use the Video Rescue Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

  5. Should you resell portions of the Video Rescue Service, you must disclose the provider, if asked by your client. 

  6. Questions about the Terms of Service should be sent to Video Rescue Support.

  7. You understand that your Materials (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.

  8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Video Rescue, is governed by its privacy policy at https://www.videosrescued.com/privacy

  9. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Video Rescue shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Video Rescue’s prior written consent, to be given or withheld in Video Rescue’s sole discretion.

  10. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.