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Terms and Conditions

CLIENT TERMS AND CONDITIONS

VIDEO LICENSE AGREEMENT

PLEASE READ THIS VIDEO LICENCE AGREEMENT (“LICENSE”) CAREFULLY BEFORE SELECTING “CONTINUE”. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT SELECT “CONTINUE”. I understand that the compilation and capture (meaning all video creations) of all video content is the exclusive property right of ViewYou and is protected by the United States and international copyright laws. ViewYou is the sole interpreter of these guidelines and may change these rules at any time. Additionally, ViewYou may remove content from its website at any time.

The ViewYou website may be used for lawful purposes only. Failure to comply with the guidelines contained herein could result in one or more of the following:

1)    Removal of your video and written content from the website;

2)    Account suspension, and/or;

3)    Permanent removal of the offending account from the site.

“Continue”

TERMS OF USE, CONDITIONS, AND POLICIES

ViewYou is NOT an employer, headhunter, or any other type of employment entity. The ViewYou website is only a venue. ViewYou acts as a venue for (1) employers and/or recruiters to review professional video profiles and (2) for video users to create and transmit professional videos for the purpose of increased exposure to employers and/or recruiters. 

The company’s purpose is to provide exposure of professional skills and images of individuals to employers and/or recruiters. ViewYou values its purpose and therefore has the sole discretion to remove any postings or documents to the website deemed unprofessional, inappropriate or inconsistent with ViewYou’s purpose.

Video Users are solely responsible for the form (physical appearance), content (responses), and accuracy (truthfulness of answers) of videos and documents.

ViewYou does not warrant or guarantee that a video will be reviewed by any specific number of employers and/or recruiters, or that it will be viewed by an employer and or recruiters.

ViewYou is not involved in any interaction between employers and/or recruiters and video users. ViewYou has no control over the quality, safety, or legality of employers or video users. Additionally, there may be risks of physical harm, of dealing with strangers, foreign nationals, or person’s acting under false pretenses. You assume all risks associated with dealing with individuals and entities with whom you come into contact with through your ViewYou video.

ViewYou is not responsible for any employment decisions, for whatever reason, made by any viewing of video profiles.

ACCEPTANCE OF TERMS

By using the ViewYou website, or clicking on any icons indicates your consent to agree to the terms, including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Indiana law. If you do not agree to these TERMS, you do not have permission to use the ViewYour website. ViewYou reserves the right, at its discretion, to change, modify, add, or remove portions of these TERMS at any time. Notification of changes to these TERMS will be posted on the website or sent via e-mail. If any future changes to these TERMS are unacceptable to you, you must discontinue use of the ViewYou website.

PAYMENT TERMS

Payment in full must be submitted to ViewYou prior to video capture (s). Payment made to ViewYou through the website or alternate method constitutes agreement to ViewYou’s Payment terms. Payments are non-refundable. Rescheduled appointments are the ONLY option for a missed video capture session (s).

RESCHEDULING TERMS

It is understood that circumstances occur precluding an individual from attending their video capture appointment, therefore, ViewYou will work with individuals to reschedule a new video capture appointment. Rescheduled dates and times will vary based on other scheduled appointments.  Failure to reschedule within ninety (90) days of the original video capture date will result in forfeiture of future scheduling and video capture opportunities. Rescheduling is only permitted one (1) time within ninety (90) days of the original scheduled date. Any additional scheduling opportunities beyond the aforementioned terms, are at the sole discretion of ViewYou.

SUBSTITUTION TERMS

Individuals unable to attend their scheduled video appointment may secure another individual to replace them. The video capture fee is non-refundable, therefore, the two parties are solely responsible for a payment transfer. ViewYou is not and will not be involved in any payment transfer between parties.

CANCELLATION TERMS

Cancellations should be made within forty-eight (48) hours of the scheduled capture appointment. Failure to cancel an appointment will result in a $25.00 fee for a rescheduled appointment. NO REFUNDS for cancellations or failure to show for scheduled appointments. Cancellations or unattended video capture appointments may be scheduled according to the rescheduling terms (see “Rescheduling Terms” section).

WALK-IN/ NON-SCHEDULED VIDEO CAPTURE TERMS-Client

ViewYou will accept walk-ins and non-scheduled requests based on availability and time allotment. ViewYou is not responsible for any expenses incurred to non-scheduled/walk-in clients. Individuals must have valid proof of student/alumni status before the video capture session. ViewYou reserves the right to verify a student/alumni status with an institution. Submitting false documentation could result in legal prosecution. 

CONTENT GUIDELINES

The compilation and capture (meaning all video creations) of all video content is the exclusive property right of ViewYou and is protected by the United States and international copyright laws. ViewYou is the sole interpreter of these guidelines and may change these rules at any time. Additionally, ViewYou may remove content from its website at any time.

The ViewYou website may be used for lawful purposes only. Failure to comply with the guidelines contained herein could result in one or more of the following:

4)    Removal of your video and written content from the website;

5)    Account suspension, and/or;

6)    Permanent removal of the offending account from the site.

VIEWYOU’S PRIVACY POLICY

It is ViewYou’s policy to respect the privacy of clients. Therefore, ViewYou will not disclose to any non-employer third party a Client’s name or contact information. ViewYou will not monitor, edit, or disclose the contents of a Client’s information unless required to do so by law or in the good faith belief that such action is necessary to:

1.     Conform to the edicts of the law or comply with legal process served on ViewYou;

2.     Protect and defend the rights or property of ViewYou;

3.     Act under exigent circumstances to protect the personal safety of ViewYou’s users or the public;

4.     Fix or debug problems with the ViewYou website.

 

THIRD PARTY SITES

The ViewYou website may produce automated search results or otherwise link you to other independent party sites on the Internet and in the ViewYou employer database. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ViewYou, and you acknowledge that ViewYou is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by ViewYou or any association with its operators.

 

CLIENT CONDUCT

You understand that all Content, video and print, are the sole responsibility of the person from which such Content originated. This means that you, and not ViewYou, are entirely responsible for all Content that you upload, post, and share in your video capture(s). ViewYou does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

 

You agree not to use this Service to:

1)    Post or transmit any Content that is unlawful, harmful, threatening, untruthful, offensive, false, inaccurate, misleading or otherwise objectionable;

2)    Impersonate any person or entity, including, but not limited to, another classmate, student, or professional or falsely state or misrepresent your affiliation with a person, institution of higher education or entity.

3)    “Stalk” or otherwise harass another;

4)    Collect or store personal data about other users;

5)    Disclose to or share with any other person or entity your password that allows access to a non-public  area of the site or using your password for any unauthorized purpose;

6)    Engage in any action that may alter the appearance of the site; and

7)     Act in a manner that would bring into question your character and/or professionalism

 

INDEMNITY

You agree to indemnify and hold ViewYou, and its makers, or other affiliated persons and entities, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.

 

INTERNATIONAL USE

ViewYou makes no representations that materials on this site are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

CHOICE OF LAW AND FORUM

These TERMS shall be governed by and construed in accordance with the laws of the state of Indiana, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TERMS or your use of the site shall be filed only in the state or federal courts located in the state of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

MODIFICATIONS TO SERVICE

ViewYou reserves the right at any time and from time to time to modify, or discontinue, temporarily, or permanently, the Service (or any part thereof) with or without notice. You agree that ViewYou shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

TERMINATION

You agree that ViewYou, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, if ViewYou believes that you have violated or acted inconsistently with the letter or spirit of the TERMS. ViewYou may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TERMS section may be effected without prior notice, and acknowledge and agree that ViewYou may immediately deactivate or delete your Content and/or bar any future access to your video (s) or the Service. Further, you agree that ViewYou shall not be liable to you or any third-party for any termination of your access to the Service.

 

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1)    Your use of the service offered by ViewYou is at your sole risk. The service is provided on an “as is” and “as available” basis ViewYou expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

2)    ViewYou makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results may  be obtained from the use of the service, information, or other material purchased or obtained by you through the service will meet your expectations, and (d) any errors in the software will be corrected.

3)    Any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

4)    No advice or information, whether oral, or written, obtained by you from ViewYou or through or from the service shall create any warranty not expressly stated in the terms.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will ViewYou be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if ViewYou has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ViewYou is found to be liable to you, for any damage or loss which arises out of or is in any way connected with your use of the website or any Content, ViewYou’ s liability shall in no event exceed the greater of (1) the total of video (s) capture fee , or (b) U.S. $100.00. Some jurisdictions will not allow limitations of liability, so the foregoing limitation may not apply to you

GENERAL INFORMATION

The TERMS constitute the entire agreement between you and ViewYou and govern your use of the Service, superseding any prior agreements between you and ViewYou. The failure of ViewYou to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provisions of the TERMS are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the TERMS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section of titles in the TERMS are for convenience only have no or legal contractual effect.

VIEW YOU’S UNSOLICITED IDEA SUBMISSION POLICY

ViewYou or any of its employees do not accept or consider unsolicited ideas, including ideas for new promotions, new or improved products or technologies, product enhancements, processes, materials, or marketing and partnership plans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ViewYou’s products or marketing strategies might seem similar to ideas submitted to ViewYou. So, please, do not send unsolicited ideas or original creative artwork to ViewYou or anyone at ViewYou. If, despite our request that you not send us ideas, you still send them, then regardless of what your  correspondence says, the following terms shall apply to your idea submission.

TERMS OF IDEA SUBMISSION You agree that:

1.     Your ideas will automatically become the property of ViewYou, without compensation to you, and,

2.     ViewYou can use the ideas for any purpose and in any way, including giving them to others.

PRODUCT FEEDBACK

ViewYou does, however, welcome your feedback regarding any areas of ViewYou’s existing business. If you want to send us your feedback, and we hope you do so, we simply request that you send it to us using the form found at Customer Support. Please provide only specific feedback on ViewYou’s existing products or marketing strategies, do not include any ideas that ViewYou’s policy will not permit it to accept or consider. Your feedback is one additional opportunity that ViewYou can learn how to best meet client needs.