These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and UGCVideos.com (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://ugcvideos.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for creator marketing services (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Service. By accessing the Site and/or the Marketplace Offerings, you agree to be bound by these Terms of Service.
If you do not agree with these Terms of Service, you are prohibited from using the Site and/or the Marketplace Offerings and must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Service. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You may not use any Content or Marks in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
You may only use the Site and the Content and Marks for lawful purposes and in accordance with these Terms of Service. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Site, and agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content or third-party submissions or other proprietary rights not owned by you: without the express prior written consent of the respective owner.
You understand that when using the Site, you will be exposed to Content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
Your use of the Site and the Marketplace Offerings is at your own risk. The Site, the Marketplace Offerings, and the Content are provided on an “AS IS” and “AS AVAILABLE” basis, without any representation or warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We and our directors, officers, employees, agents, suppliers, partners, and licensors do not warrant that: (a) the Site, the Marketplace Offerings, or the Content will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content or software available at or through the Site is free of viruses or other harmful components; or (d) the results of using the Site, the Marketplace Offerings, or the Content will meet your requirements.
You agree that we will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted on the Site or transmitted to or by any user of the Site or the Marketplace Offerings. You further agree that we will not be liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the use, inability to use, or performance of the Site, the Marketplace Offerings, or the Content.
You acknowledge that we have no control over and no duty to take any action regarding: which users gain access to the Site or the Marketplace Offerings; what Content you access via the Site or the Marketplace Offerings; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You agree that we will not be liable for any loss or damage of any sort incurred as the result of any interactions between users of the Site or the Marketplace Offerings. If there is a dispute between users of the Site or the Marketplace Offerings, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Site or the Marketplace Offerings.
You acknowledge that we do not pre-screen or approve any Content, but that we shall have the right, but not the obligation, in our sole discretion, to refuse, delete, or move any Content that is available via the Site or the Marketplace Offerings, for violating these Terms of Service or for any other reason.
You acknowledge that we are not responsible for the availability or accuracy of the Marketplace Offerings and that we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from third-party websites or services.
You acknowledge that we shall not be liable for any loss or damage of any sort incurred as the result of any interactions between users of the Site or the Marketplace Offerings. If there is a dispute between users of the Site or the Marketplace Offerings, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Site or the Marketplace Offerings.
PURCHASES AND PAYMENT
We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. By providing payment information and making a purchase, you agree to provide current, complete, and accurate purchase and account information, and to promptly update this information as needed. Sales tax may be added to the price of purchases as required by law. Prices are subject to change at any time and payments shall be made in U.S. dollars.
You authorize us to charge your chosen payment method for the total amount of your purchase, including any applicable shipping fees, upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.
We reserve the right to refuse any order placed through the Site, and to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All sales are final and no refund will be issued.
You may only access and use the Site for the intended purpose for which it is made available. The Site may not be used for any commercial endeavors except those specifically endorsed or approved by us. As a user of the Site, you agree not to:
We reserve the right to terminate your use of the Site or the Marketplace Offerings for violating any of the above rules or for any other reason in our sole discretion and to take such further legal action as we deem appropriate.
By submitting any content, including but not limited to comments, images, videos, and other materials (collectively, “Contributions”), to the Site, you grant UGCVideos.com a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, distribute, display, publish, and create derivative works from your Contributions in any format or medium, whether now known or later developed, for any purpose, including commercial and non-commercial purposes, without any compensation or further permission from you. You represent and warrant that you own or have the necessary rights and permissions to grant this license to UGCVideos.com and that your Contributions do not infringe any third party intellectual property rights or other rights.
You agree that UGCVideos.com may use and share your Contributions for any purpose, including for promotional and marketing purposes, without compensation to you. You acknowledge that UGCVideos.com does not claim any ownership rights in your Contributions, and you retain full ownership of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions and any legal liability or obligations that may arise from your Contributions. You agree to indemnify and hold UGCVideos.com and its affiliates, officers, agents, and employees harmless from any claims, damages, or expenses arising out of or in any way connected with your Contributions.
You understand that UGCVideos.com does not control, endorse, or accept responsibility for any Contributions or any third-party content on the Site and that by using the Site, you may be exposed to Contributions or third-party content that is offensive, indecent, or otherwise objectionable. UGCVideos.com is not liable for any statements or representations made in your Contributions or any third-party content on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS & INTELLECTUAL PROPERTY RIGHTS
By submitting any information, including but not limited to questions, comments, suggestions, ideas, feedback, or other information (collectively, “Submissions”), to UGCVideos.com, you acknowledge and agree that such Submissions are non-confidential and may be used by UGCVideos.com for any purpose, including commercial and non-commercial purposes, without any compensation or further permission from you. You grant UGCVideos.com a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, distribute, display, publish, and create derivative works from your Submissions in any format or medium, whether now known or later developed, without any acknowledgment or compensation to you. You represent and warrant that you own or have the necessary rights and permissions to grant this license to UGCVideos.com and that your Submissions do not infringe any third-party intellectual property rights or other rights.
Users of UGCVideos.com are prohibited from circumventing the marketplace system and establishing direct communication with clients or creators outside of the platform. This includes, but is not limited to, exchanging contact information, negotiating terms, and conducting transactions without using the features and tools provided by the platform. Any attempt to circumvent the marketplace system in this way will be considered a violation of these terms of service and may result in a lifetime ban from using UGCVideos.com. Users are required to use the platform’s features and tools for all communication, transactions and negotiations to ensure proper oversight and protection for all parties.
UGCVideos.com reserves the right, but not the obligation, to:
TERM AND TERMINATION
These Terms of Service will remain in full force and effect while you use the Site and the Marketplace Offerings.
We reserve the right to deny access to and use of the Site and the Marketplace Offerings, without notice or liability, to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Restrictions Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Additionally, to further optimize this section, it may be useful to include a clause stating that any disputes that cannot be resolved through negotiation or arbitration will be resolved through a court of competent jurisdiction in accordance with applicable laws.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We make every effort to ensure that the information on the Site is accurate and up-to-date, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected or that the information on the Site will always be up-to-date and accurate.
The Site and the Marketplace Offerings are provided on an “as-is” and “as-available” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and the Marketplace Offerings and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site or the Marketplace Offerings, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or the Marketplace Offerings, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
It’s important to highlight that certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. It would be beneficial to include a statement to that effect, and also include a statement that the user is responsible for compliance with any applicable laws.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. However, we will make every effort to protect user data and will notify users in case of a data breach.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing and is legally binding.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. However, we will provide you with a copy of the electronic records upon your request.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding the use of the Site or the Marketplace Offerings, please contact us at [email protected]