Thank you for using Vidow! These terms of service (Terms) cover your use and access of our website, our Chrome extension and related software (Services).
These Services are provided by Nexgen Services LLC located at 8 The Green Ste 7118 Dover, DE 19901 and when not mentioned directly by name, will be referenced through these Terms as “we”, “our”, or “us”.
Changes to Terms. We reserve the right to modify these Terms at any time. We will always post the most current version on our website and notify you should anything material change. If you have acquired a paid license or subscription for our Services, we will notify you (for example by email or showing a message in our software) of any material changes. By continuing to use the Services after the changes become effective, you agree to the revised Terms.
Software. Services may include downloadable software, which may update automatically on your device to newer versions. We grant you a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not knowingly infringes on existing intellectual property rights. Components of the software may be offered under an open source license, in these cases we will make that license available to you. Provisions of the open source license may expressly override some of these Terms.
Services, Pricing & Renewals. From time to time the Service’s features may change, including withdrawing or adding new features as well as changing the price. You may upgrade or cancel your renewal at any time by visiting our website, in My Account > Billing. Please note that full or pro-rated refunds will not be issued.
Until canceled, purchased subscription to the Services will remain active and will automatically renew on each anniversary of your subscription date.
Customers who purchased a one-time subscription to the Services, shall continue to be granted access, but unless expressly stated otherwise, such one-time fee does not include paid upgrades for new features. Additionally, subscriptions made via an offline purchased order shall automatically renew or automatically cancel based on the fee schedule defined within that order.
User Conduct. In connection with your access to the Services, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Application you will not:
Limitation of Liability. To the fullest extent permitted by law, in no event shall Vidow be liable for any direct or indirect damages, loss of data, business, profits, computer hardware or software. In no event shall Vidow’s liability exceed the greater of 1) amounts paid by you to Vidow in the past 12 months or 2) $100.
As-Is Services. We strive to provide reliable Services and hope you enjoy using them. But there are things we cannot guarantee. We provide our Services “As is”. VIDOW SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, VIDOW MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Feedback. You may provide feedback regarding the Services, including requests for functionality, features, operation, user friendliness, and suggestions for improvement. All feedback provided is made without warranty, is AS IS, and shall become the property of Vidow.
Intellectual Property. All intellectual property and trademark rights in Vidow shall be owned by Vidow absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the “Intellectual Property”). All other trademarks, logos, service marks, company or product names set forth in the Vidow are the property of their respective owners. You agree that you will not use Vidow’s Intellectual Property for any purpose except to the extent necessary to be as user of the Vidow Services. If you create any materials using the Vidow Intellectual Property, you agree that upon their creation Vidow exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Intellectual Property or derivative works based on the Vidow Intellectual Property. You further agree to assign any interest or right you may have in such materials to Vidow, and to provide information and execute any documents as reasonably requested by Vidow to enable Vidow to formalize such assignment.
Disclaimers. Vidow is not responsible for the conduct, whether online or offline, of any user of Vidow. You are solely responsible for your interactions with other users. Vidow expressly disclaims any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us immediately. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
Third Party Services. You may enable access to certain third party services and web sites (collectively and individually, “Services”) through our software. Use of these Services requires Internet access and may require you to accept additional terms and may be subject to additional fees.
Indemnity. To the fullest extent of the law, you will defend, indemnify, and hold Vidow including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Vidow, including but not limited to: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through Vidow or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities by you in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Term and Termination. This Agreement is effective upon your creation of a user account. This Agreement may be terminated by Vidow, without cause, upon written notice.
Dispute Resolution. Any dispute, controversy or claim arising under, out of or relating to these Terms and any subsequent amendments of these Terms, including, without limitation, their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Chicago, Illinois. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. Notwithstanding the foregoing, if you represent an entity or institution subject to state law mandating different dispute resolution terms, Vidow agrees to such state law requirements.
General. Except as expressly provided otherwise herein, this Agreement shall be governed by the laws of the State of Illinois without regard to choice of law principles. This choice of law provision is only intended to specify the use of Illinois law to interpret this Agreement and is not intended to create any other substantive right to non-Illinois residents to assert claims under Illinois law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Vidow, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Vidow shall be given by certified mail, postage prepaid and return receipt requested to Nexgen Services LLC, 8 The Green Ste 7118 Dover, DE 19901. Any notices to you shall be provided to you through Vidow or given to you via the email address or physical you provide to Vidow during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Vidow with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding Vidow, please contact our customer support team at support[at]Vidow[dot]io.