VIDN CONNECTIONS, LLC

TERMS OF SERVICE

Effective: May 21, 2021

Welcome to Vidn, owned and operated by Vidn Connections, LLC (“us,” “we,” “Vidn,” or “Vidn Connections”).

By creating a Vidn account, or accessing or using the Services on vidn.app (the “Site”), the Vidn mobile application (the “App”), or any other platforms or services we may offer (collectively, the “Service” or “Services”), you agree to, and are bound by these Terms of Service (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses the Services, regardless of registration or subscription status. Your use of the Services is also subject to our Privacy and Cookie Policies, which are hereby incorporated into this Agreement. If you do not agree to these Terms, or any of our other policies, you may not use or access the Services.

We reserve the right to modify, change or amend these Terms and the terms of any other policies at any time. The most recent version of this Agreement will be posted in the App sign-up page and on the Site (https://vidn.app/terms-conditions/). The most recent version is the version that applies. In certain circumstances, for example, if we make material changes, we may notify you by reasonable means in advance of the changes. If you continue to use the Services after any changes become effective, you agree to be bound by the revised Agreement. Thus, if you do not accept a change to any terms, you should stop using or accessing the Services.

Please note that Section 18 contains an arbitration agreement that will, with limited exceptions, require disputes to be submitted to binding and final arbitration.

Notice to California Subscribers: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Vidn. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Vidn, please contact us at accounts@vidn.app.

  1. Eligibility to Use the Services

By creating an account and using the Service, you represent and warrant that:

  • You are at least 18 years of age;
  • You are legally qualified to enter into a binding contract;
  • You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or any similar prohibitions, and you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
  • You are not prohibited by law from using our Services;
  • You have not been convicted of or pled no contest to a felony, sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal, or local sex offender registry;
  • You do not have more than one account with us; and
  • You have not previously been removed from the Services by us for any reason, unless you have our express written permission to create a new account.

 

If at any time you do not meet these requirements, you must delete your account and cease using the Services.

  1. Types of Content

While using the Services, you will be able to access the following types of content: (i) content that you upload or provide (“Your Content”); (ii) content that other users upload or provide (“Member Content”); and (iii) content that we provide on and through the Services (“Our Content”). Content includes, but is not limited to, all information, text, images, video, audio, or other material on the Services, including information on user profiles and in direct messages between users.

  1. Your Content.

You are solely responsible and liable for Your Content, and therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that Your Content, including all information submitted by you in connection with your use of the Services, is accurate and truthful. You also agree to update your account information as necessary to ensure its accuracy and truthfulness.

You may not display or reveal any personal contact or banking information on your individual profile page, whether it is related to you or a third party. This includes, but is not limited to, full names, home addresses or postcodes, email addresses, telephone numbers, URLs, credit or debit cards or other banking details. If you choose to reveal any personal information about yourself to other users, whether on your profile page or through private messages, you do so at your own risk. We advise you to use caution in disclosing any personal information to third parties online.

Your Content will be available and visible to other users around the world. Thus, you should be comfortable sharing Your Content before you post it. You agree that Your Content may be viewed by other users, and that notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content to Vidn, you represent and warrant to use that you have all necessary rights and licenses to do so, and automatically grant us the license described in Section 4.

We may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block or prevent access to any of Your Content at any time, in our sole discretion. We have no obligation to review, store or display Your Content. We may access, preserve, and disclose your account information including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that any content violate the rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property, or personal safety of Vidn Connections, you, or any other person.

  1. Member Content.

Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in Member Content, and you may only use Member Content to the extent that the use is consistent with the Services’ purpose of allowing you to communication with and meet other members. You may not copy Member Content, or use it for commercial purposes or any illegal purposes. We reserve the right to terminate the account of any user who misuses Member Content.

  1. Our Content.

Any other text, images, content, graphics, user interfaces, trademarks, logos, sounds, artworks, and all other intellectual property that appears on Vidn is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law. All rights, title and interest in and to Our Content remains with us.

We grant you a limited license to access and use our Content as provided under Section 3 and we reserve all other rights.

  1. Prohibited Content.

There are certain types of content that we cannot allow. We prohibit posting or sharing content that:

  • Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
  • Contains language or imagery which could reasonably be deemed offensive, or is likely to harass, upset, embarrass, or annoy any other person (including, but not limited to, any sort of language or imagery that could be deemed discriminatory against any race, religion, gender identity, sex, sexual orientation, color, ethnicity, national origin, or ability status);
  • Is abusive, insulting, or threatening, discriminatory, or promoting of or encouraging racism, sexism, hatred or bigotry;
  • Encourages any illegal activity including but not limited to, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;
  • Is defamatory, untrue, or libelous;
  • Relates to commercial activity, including but not limited to, sales, competitions, and advertising, and links to other websites or premium line telephone numbers;
  • Involves the transmission or any sort of “spam” or “junk” mail;
  • Infringes upon any rights of a third party, including but not limited to privacy and intellectual property rights;
  • Contains any spyware, adware, computer viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Vidn, its users, or otherwise;
  • Uses the name, image, or likeness of another person, or impersonates another person, without that person’s consent (or in the case of a minor, without the consent of that minor’s parent or legal guardian) or is an image or likeness of a minor unaccompanied by the minor’s parent or legal guardian; or
  • Is inconsistent with the intended use of Vidn.

We reserve the right to terminate the account of any user who posts such content.

  1. Rights You Are Granted by Vidn

Subject to these Terms, Vidn grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-sublicensable and revocable license to access and use Our Content and Services for purposes as intended by Vidn and in accordance with applicable law and these Terms. We reserve all other rights.

  1. Rights You Grant Vidn

By using the Services, you grant to Vidn a worldwide, royalty-free, perpetual, transferable, sub licensable, and assignable license to use Your Content and any other information you provide in any way, including but not limited to hosting, storing, using, displaying, reproducing, publishing, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public, whether in whole or in part and in any format or medium currently known or developed in the future. The license to Vidn shall be non-exclusive, with the exception that the license is exclusive in respect to derivative works created through the use of the Service. We may assign and sublicense the above license to our affiliates and successors without any further approval by you.

You authorize Vidn Connections to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. However, we are not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law, including but not limited to personal data protection law.

  1. Prohibited Uses

While using Vidn, you agree to

  • Comply with these Terms and all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  • Use your real name and other personal information on the profile;
  • Use the Services in a professional manner and treat other users in a courteous and respectful manner, both on and off our Services; and
  • Maintain a strong password and take reasonable measures to protect the security of your log in information.

While using our Services, you agree to not:

  • Misrepresent your identify, age, or any other information about yourself;
  • Use the Services in a way that damages the Services or prevents their use by other users;
  • Act in an unlawful or unprofessional manner;
  • Stalk, bully, harass, intimidate, assault, defame, harm or otherwise mistreat any user of the Services;
  • Expose other users to obscene, pornographic, violent or otherwise offensive content, regardless of whether or not they have consented to such content;
  • Use the Services for any harmful, illegal, or nefarious purpose;
  • Use another person’s account or personal information;
  • Post, store or disseminate any type of computer viruses, Trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
  • Use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Services, including, but not limited to, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Services;
  • Use anything intended to damage or interfere with the proper functioning of the Services and the systems to which they connect or do anything that interferes with any other person’s use of the Services; or
  • Create or operate a pyramid scheme, fraud, or other similar practice.
  1. Inappropriate Content and Misconduct; Reporting

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services. We encourage you to report any inappropriate Member Content or misconduct by other users by either (i) clicking the flag icon in a user’s profile details; or (ii) emailing us at contact@vidn.app subject line: Report.

While we strive to encourage a respectful experience for all users, we cannot control the actions or conducts of other users. YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. WE ENCOURAGE YOU TO READ OUR SAFETY TIPS.

YOU UNDERSTAND THAT VIDN DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS MADE BY USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (INCLUDING BUT NOT LIMITED TO SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR THESE AND OTHER PURPOSES. CRIMINAL BACKGROUND CHECKS, SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND YOU SHOULD ALWAYS TAKE SENSIBLE SAFETY PRECAUTIONS WHEN COMMUNICATION WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY VIDN, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

  1. Privacy

Please read our Privacy Policy at https://vidn.app/privacy-policy/ for information on how Vidn and our affiliates collect, use, and share your personal data. By using the Services, you agree that we may use your personal data in accordance with our Privacy Policy.

  1. Payment Terms
    1. Generally

Vidn Connections may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed at point of purchase may apply, and that such additional terms are incorporated herein by reference.

You can make an In-App Purchase through the following payment methods (“Payment Method”): (i) by making a purchase through a third-party platform such as the Apple App Store and Google Play Store; or (ii) by paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor. Once you make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider and your Payment Method will be charged at the price displayed to you for the services you selected, plus any sales or similar taxes that may be imposed on your payment. You authorize Vidn Connections or the third party processor to charge you and you agree to pay all amounts due upon demand.

Additional Terms may apply if you pay Vidn directly. If you payVidn directly, we may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made directly through Vidn, Vidn may terminate your account immediately in its sole discretion.

  1. Subscriptions

Vidn Connections may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or one-year subscription (“Premium Services”). SUBSCRIPTIONS LAST FOR THE DURATION THAT YOU CHOOSE ON THE DATE OF PURCHASE AND IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, IT WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT THE THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel your subscription (described below), before the end of the then-current subscription period. Deleting your account or the application from your device does not cancel your subscription. You are solely responsible for cancelling subscription period before you are charged at the then-current subscription price.

You will be given notice of changes in the pricing of the Premium Services to which you have subscribed as well as an opportunity to cancel such services upon such notice. If Vidn Connections changes the prices for Premium Services you have subscribed to and you do not cancel your subscription, you agree that you will be charged at the then-current subscription price for the following subscription period.

If you purchased a subscription directly from Vidn Connections, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a third party store, such as the Apple App Store or the Google Play Store, you will need to access your account with that third party store and follow their instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in “Refunds” below) be eligible for a prorated refund; (ii) your subscription will not be renewed when that period expires; and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

  1. Free Trials

If you sign up for a free trial and do not cancel before the free trial period ends, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged until you cancel your subscription. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. You are solely responsible for cancelling the free trial before you are charged at the then-current subscription price.

  1. Refunds

Generally, all charges for purchases are non-refundable, and there are no refunds or “credits” for partially used periods. We make exceptions if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Vidn Connections) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Vidn Connections notice in the same manner as you request a refund as described below.

If you qualify for a refund, you must request a refund to receive one, in addition to cancelling or terminating your account. If you subscribed using your Apple ID, refunds are handled by Apple, not us. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. For all other purchases, please contact accounts@vidn.app with your order number (you can find it in the order confirmation email, or if you purchased from the Google Play Store, by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: 3600 136th pl se #300, Bellevue, WA 98006.

  1. Virtual Items

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Vidn (“Virtual Items”). You can only purchase Virtual Items through Vidn Connections or our partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of (i) Vidn ceasing provision of the Services; and (ii) your account closing or terminating. Vidn may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.

Vidn, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Vidn may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Vidn shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any other person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT VIDN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHEN VIDN CONNECTIONS CEASES PROVISION OF THE SERVICES.

  1. Termination and Remedies

These Terms commence on the date you accept them and begin to use our Services. They continue until terminated in accordance with this Section. Termination of these Terms or your account includes the removal of access to the Services, your account, and all related information and content associated with or inside your account. Upon termination of the Services or your account, you will not be entitled to a refund (except as provided for in this Agreement).

If you want to terminate these Terms, you may do so at any time by closing your account by contacting us at accounts@vidn.app subject line: Delete Account. If you used a third party platform to make purchases, such as the Apple App Store or the Google Play Store, you may need to manage purchases through that account to avoid additional billing.

Vidn Connections may terminate or suspend these Terms or your account, for any reason, including but not limited to, your breach of these Terms or if we are required to do so by applicable law. All terminations for cause shall be made in our sole discretion, and we will not be liable to you or any third party for termination of your account. In the event that Vidn Connections determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the Services, we reserve the right to: (i) warn you via email (to any email addresses you have provided to us) that you have violated the Terms; (ii) delete Your Content; (iii) discontinue your account; (iv) discontinue your subscription(s); (v) notify and/or send Your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) pursue to any other action which we, in our sole discretion, deems to be appropriate.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, but not limited to, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

  1. Disclaimer

THE APP, SITE, SERVICES, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, OR SATISFACTORY QUALITY. WE DO NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; (II) THE SERVICES WILL MEET YOUR EXPECTATIONS; (III) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (IV) ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE ACCURATE AND TRUTHFUL; OR (V) THE SERVICES OR ANY CONTENT THEREIN WILL BE FREE FROM COMPUTER VIRUSES AND WILL NOT CAUSE DAMAGE TO HARDWARE, SOFTWARE, OR ANY OTHER EQUIPMENT OR TECHNOLOGY.

 

WE TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICES NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNCATE WITH THROUGH VIDN, WHETHER THOSE COMMUNICATIONS OCCUR ON OR OFF OF THE APP/OUR SERVICES. WE MAKE NO GUARANTEES AS TO (I) THE NUMBER OF ACTIVE USERS OR MATCHES AT ANY TIME; (II) USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU; OR (III) THE COMPATABILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIDN CONNECTIONS NOR ITS EMPLOYEES, LICENSORS, OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, GOODWILL, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR APP; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) USERS’ ACCESS, USE, ALTERATION OR YOUR CONTENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, SITE, OR OUR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

 

  1. Indemnification

You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold harmless Vidn Connections, our affiliates, the respective officers, directors, employees, representatives, licensors, and agents from any third party claims, damages, demands, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of or related to (i) your access or use of the Services; (ii) uploading or submission of Your Content; (iii) Your conduct towards other users, both on and off the Services; (iv) any negligent acts, omissions or willful misconduct by you; (v) your breach of this Agreement; or (vi) your violation of any applicable law or of any rights of any third party.

  1. Digital Millennium Copyright Act Notice

We take copyright infringement seriously and have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works are on a single site, a representative list of such works;
  3. Identification of the infringing material or activity and that is to be removed or disabled and information readily sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to contact the copyright owner or authorized agent, such as a physical address, telephone number, and electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of its not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notice is correct and accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

Notices should be sent to Vidn Connections’ Copyright Agent at contact@vidn.app.

  1. Feedback.

You may submit suggestions, comments, recommendations or other feedback (“Feedback”) to Vidn Connections regarding our Services. If you do so, you grant Vidn Connections a royalty-free, worldwide, perpetual, irrevocable license to use or incorporate into our Services such Feedback provided by you that relates to the App, Sites, Our Content or the Services.

  1. Third Party Links and Ads

The Service may contain advertisements and promotions that are offered by third parties, as well as links to other websites or resources. Vidn Connections is not responsible for the availability, or lack of, of such external websites or resources. If you choose to interact with the third parties made available through the Service, those party’s terms will govern their relationship with you. We are not liable for such third parties’ terms or conduct. We advise you to take caution when going to any third party links or website and encourage you to read those parties’ terms.

  1. Third Party App Store
  2. Dispute Resolution; Jury Waiver; Class Action Waiver

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This section is effective May 21, 2021 and thus we do not offer an opt-out option.

  1. Application. The exclusive means of resolving any dispute or claim arising out or relating to this Agreement (including any alleged breach thereof), or the Service or any other aspect of your relationship with Vidn Connections, shall be BINDING ARBITRATION, rather than in court, except for the following: (i) you may assert claims in small courts, if your claims qualify; and (ii) you or Vidn Connections may seek equitable relief in court for infringement or misuse of intellectual property rights.
  2. Rules. All arbitration shall be governed administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitrator has exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that this Arbitration Agreement is void or voidable. The arbitrator has authority to grant motions dispositive of all or part of any claim. The arbitrator has the authority to award monetary damages and grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and these Terms. Upon conclusion, the arbitrator will issue a written award, statement of decision describing the essential findings and conclusions on which the award is based, and the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  3. No Jury Trials. By agreeing to arbitration, YOU AND VIDN CONNECTIONS ARE EACH AGREEING TO WAIVE THE RIGHTS TO A JURY TRIAL. Instead, you and Vidn Connections are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 18(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  4. No Class Actions. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in King County, WA. All other claims shall be arbitrated.
  5. Governing Law; Venue

Your access to the Services, including any of Our Content and Member Content therein, any claims arising from or related to your relationship with Vidn, and these terms are governed and interpreted by the laws of the State of Washington without regard to conflict of law principles. All claims arising out of or relating to these Terms and/or your relationship with us that are whatever reason are not submitted to arbitration and all claims challenging the enforceability or applicability of the arbitration provisions here in, will be litigated exclusively in the federal or state courts of King County, WA. You agree that such courts shall have personal jurisdiction and venue, and you waive any objection based on inconvenient forum. You agree that you shall not file or participate in a class action against us.

  1. Severability

Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal, or unenforceable term or provision shall be deemed replaced by a term of provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision. The remainder of the Terms shall survive and remain in full force and effect.

  1. Assignment

You shall not transfer or assign these Terms or any of the rights, licenses or obligations hereunder, but we may assign or transfer these Terms, any of the rights, licenses or obligations without restriction.

  1. Entire Agreement; Other.

This Agreement is the complete agreement between the you and Vidn Connections and supersedes any prior or contemporaneous oral or written communications, excluding the Privacy Policy. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Vidn Connections in any manner.