Terms of Service

1. Acceptance of Terms and Conditions

Welcome to the VideoBloom Web Site and Services (“Service”). This User Agreement (“Agreement”) governs your use of the Service. By visiting the VideoBloom Web Site and/or using or accessing the Service in any manner, and whether at the VideoBloom Web Site or through a third party website or other interface, you certify that (a) you are at least 18 years of age, (b) if you are providing access to the Service to any person who is under 13 years of age, you are such person’s parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by VideoBloom, and (c) you expressly agree to be bound by these Terms and Conditions of service (these “Terms”). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. VideoBloom reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.

2. Additional Terms and Conditions

The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or if you use a software or other product in connection with the Service, you may be subject to Terms and Conditions in addition to these Terms. For example, if you access and use the Service in connection with a VideoBloom Partner or Affiliate, then, in addition to being subject to these Terms, you are also subject to the Terms of Service of that Partner or Affiliate.

3. Changes to Terms and Conditions

VideoBloom has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

4. Rules and Regulations

You shall be solely liable for any transmissions sent through the Service. VideoBloom has no control over the content of any transmission nor will it be liable for such content. Subject to these Terms and Conditions, VideoBloom grants you a non-exclusive, non-transferable, limited right to access, use and view this Service and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (a) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (b) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (c) transfer the Materials to any other person without the written consent of VideoBloom; (d) print or copy any of the HTML or other computer programs that are accessible at this Service; (e) use this Service in any manner that could damage, disable, overburden or impair this Service; (f) interfere with the security of, or otherwise abuse, this Service or any services, system resources, accounts, servers or networks connected to or accessible through this Service or affiliated or linked sites; (g) disrupt or interfere with any other person’s use or enjoyment of this Service or affiliated or linked sites; (h) upload, post or otherwise transmit on this Service any Content that would negatively affect the functioning of the Service, including without limitation computer viruses or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Service’s infrastructure; (i) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Materials in whole or in part; (j) use or attempt to use another’s account, password, service, system or other information without prior written authorization from VideoBloom; (k) create or use a false identity on this Service; (l) attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access; (m) transmit on, to or from this Service spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (n) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Service, including e-mail addresses, without their consent; or (m) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

You may post certain Content to the Service. You may only post Content for the lawful, stated purposes of this Service. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (a) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (b) post any franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (c) delete or revise any material posted by any other person or entity; (d) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (e) impersonate any person or entity, including without limitation a VideoBloom employee or agent, an authorized user of VideoBloom Services, a User or otherwise misrepresenting your affiliation with any person or entity; (f) post opinions, notices or advertisements, commercial or otherwise or solicit business from Users who post on the Service, including any solicitation by any of our competitors who post on the Service.

VideoBloom reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that at the discretion of VideoBloom is objectionable or in violation of these Terms and Conditions.

5. Registration

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to maintain and promptly update such information as necessary to keep it current, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VideoBloom has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, VideoBloom has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. As part of the registration process, you will select a username and password, and provide true, accurate, current and complete registration information. You may not select or use a username of another person with the intent to impersonate that person, use a username in which another person has rights without such person’s authorization, or use a username that VideoBloom, in its sole discretion, deems offensive.

6. Proprietary Rights and Restrictions

You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of VideoBloom, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by VideoBloom or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to VideoBloom may be disseminated or used by VideoBloom or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by VideoBloom’s Privacy Policy.

7. Notices of Infringement

If you believe that material made available via the Service infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to the following person, who is VideoBloom”s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

Faegre & Benson LLP
1900 Fifteenth Street
Boulder, CO 80302-5414

8. Trademarks

The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of VideoBloom. Such Services names, company names and logos of VideoBloom may not be copied, imitated or used, in whole or in part, without the prior written consent of VideoBloom. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

9. Account, Password and Security

When you register you will receive a password and will automatically be assigned an account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. By subscribing to the Service or accepting these Terms, you certify that you are authorized to enter transactions on the Service and act on behalf of your employer, client, business, organization or any other legal entity with which you have contractual work obligations. You agree to cooperate with VideoBloom in reasonable measures to verify the identity and authority of persons using the Service. You agree not to provide access to the Service by; (a) allowing others to use your account; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You agree to (a) immediately notify VideoBloom of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will not solicit another party’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Service, or other’s enjoyment of the Service. VideoBloom cannot and will not be liable for any loss or damage arising from your failure to comply.

10. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VideoBloom has no control over such sites and resources, you acknowledge and agree that VideoBloom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VideoBloom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

11. Content, User Submissions and Conduct

You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other user submissions (“Content”) are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Service by you or through your account, if any. You understand that Content may in some cases be viewed through third party websites or interfaces through which the Service is accessed and/or used and that VideoBloom does not control such third party websites and interfaces. You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. VideoBloom does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of any such Content. VideoBloom will use commercially reasonable efforts to block or remove offensive or inappropriate Content discovered by or reported to VideoBloom. However, VideoBloom cannot and will not review all Content, and you understand that by using the Service, you may be exposed to Content that you find to be offensive. Under no circumstances will VideoBloom be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that VideoBloom is under no obligation to pre-screen or otherwise review any Content, but also that VideoBloom and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant VideoBloom all of the license rights granted herein. VideoBloom does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VideoBloom expressly disclaims any and all liability in connection with User Submissions. VideoBloom does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and VideoBloom will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. VideoBloom reserves the right to remove Content and User Submissions without prior notice. You acknowledge and agree that VideoBloom may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VideoBloom, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

12. License to Content and User Submissions

VideoBloom does not claim ownership of your Content and User Submissions posted, transmitted or otherwise made available by you via the Service. However, by submitting Content and User Submissions via the Service, you hereby grant VideoBloom a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the VideoBloom Website and VideoBloom’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the VideoBloom Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the VideoBloom Website a non-exclusive license to access your public User Submissions (i.e. User Submissions that are not selected as “private” by you) through the Website, and to use, reproduce, distribute, display and perform such public User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the VideoBloom Website. You understand and agree, however, that VideoBloom may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

13. Video Production Terms and Conditions

In the event that VideoBloom is required to undertake the video production on your behalf, the following terms and conditions will apply: (a) Payment in full of the agreement price shall be made by you upon delivery of the completed video(s) and the subject of this agreement; (b) No video material, either in progress or completed, may be obtained/removed from VideoBloom’s premises until the balance due is paid in full, unless otherwise stated; (c) Any fee required to be paid by VideoBloom relating to the video production (including any parking fees) for any venue use, or fee for toll-ways, shall be recovered by VideoBloom from you, in addition to the production agreement price; (d) Any additional hours required by you from VideoBloom to produce the final production, shall be paid for by you at the quoted price per hour on the given price quote; (e) After you have viewed the final edited video production, you are satisfied with the result and final payment is made, you agree that VideoBloom may remove the edited works off its computer hard drives. If you require alterations to the edited video after this settlement takes place, payment for re-editing the entire works is required to be re-negotiated; (f) VideoBloom shall be supplied with all information, details, locations and times, as it deems necessary, for the completion of the video production work. Furthermore, you warrant that the assignment details and personal details supplied are true and correct; (g) VideoBloom will take all due care in producing the video production for you. You shall not hold VideoBloom liable for any damages, costs, or actions arising out of any omissions or errors, after settlement takes place (see point (e) above) in any of the final productions produced; (h) VideoBloom reserves the right to edit the event at its discretion; (i) You are responsible for any copyright license fees for music and other material used by VideoBloom at your request; (j) Should you supply any music, information or details that are incorrect or of a standard that is inappropriate, VideoBloom may decline to use such music, information or details but if so used, you shall not hold VideoBloom liable for any damage, cost or action arising out of the use of such music, information or details; (k) VideoBloom reserves the right to be the exclusive videographers for this assignment, and all other videotaping may be done only at VideoBloom’s discretion; (l) VideoBloom will own the copyright in any photographic and/or video footage produced as a result of the agreement entered into by you with VideoBloom. The original footage remains the property of VideoBloom, Inc. and copies of such footage will not be released without VideoBloom’s permission in writing; (m) VideoBloom reserves all video production rights, and may use original footage for demonstration, publication or other purposes; (n) VideoBloom takes the utmost care regarding equipment function, videotape quality, and recording. In the event that VideoBloom fails to comply with the terms of this agreement, VideoBloom will only be liable for funds already paid by you; (o) In the event of malfunction of equipment, video tapes, loss of sound and/or picture, or power failure in the work due to be done pursuant to the agreement, you will not hold VideoBloom liable except to the extent of the agreement price, and if only part of the agreement is not completed, to that part included in the price; (p) No act, thing, omission, malfunction of equipment or theft of equipment, which in any way affects the subject matter of this agreement shall constitute a breach of this agreement; to the extent that a portion of this agreement is unable to be completed, VideoBloom may at its discretion refund or credit a proportion of the agreement price to you; (q) The inability to complete the agreement by VideoBloom due to personal accident, illness, death, or other reasons beyond VideoBloom’s control entitles you to a return or crediting of monies applicable to that part of the agreement not performed; (r) Assignment of the work by VideoBloom may occur where VideoBloom is unable to complete the work for any reason and such assignment shall not constitute breach of this agreement.

14. Responsibility for Activities

You are fully and solely responsible for all your activities in connection with your access to or use of the Service and for all activities that occur under your account, if any, in connection with the Service. If you become aware of any unauthorized use of the Service, you agree to immediately notify VideoBloom. VideoBloom shall not be liable to you or to any third party for any loss or damage arising as a result of any of the foregoing activities, your failure to notify VideoBloom as required in this section or any acts or omissions by any person who accesses or uses the Service.

15. Purchases and Cancellations

By subscribing to any of the services or purchasing of any of the products described on the Service, you represent that you have complete authority to (a) enter into the purchase or license agreement(s) on behalf of yourself or your company and (b) accept the charges for any services to which you subscribe or products that you purchase. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with VideoBloom (or any merchant and/or service provider through the Site) in connection with the licensing or purchase of any product or service, including but not limited to the Terms of Use. You warrant that all information that you provide to VideoBloom (or any merchant or service provider through VideoBloom) including but not limited to credit card and other payment information, will be accurate, complete and current. Subscribers to VideoBloom’s Service understand payment for service plans is due monthly in advance, and that each of your VideoBloom accounts automatically renews for the term you selected upon signup.  You agree to pay the monthly charges for renewed subscriptions until you notify us of your intent to cancel your subscription and use of our services.  You understand that to cancel your service you need to contact VideoBloom at the following link, http://www.videobloom.com/contact-us, and send electronically a “request to cancel service” in the feedback form, under subject “General”. After receipt of your cancellation request, VideoBloom contacts you to confirm that you want to effectively cancel your service after asking one or two security questions.  You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. If VideoBloom does not receive full payment of those amounts when due, an additional 1.5% (or the maximum amount permitted by law, whichever is higher) per month late charge may be added to the invoiced amount and also will become immediately due and payable. If you fail to remit payment when due, VideoBloom may without notice and in its sole discretion terminate your subscription or discontinue your use of VideoBloom ‘s Service until such time as your account is made current. You also agree to be liable for all reasonable attorneys’ fees, costs and/or disbursements incurred by VideoBloom relating to the collection of your unpaid account. If you believe VideoBloom has billed you incorrectly, you must notify VideoBloom in writing at http://www.videobloom.com/contact-us no later than thirty (30) days after the billing date on the first billing statement in which the disputed amount appeared in order to receive an adjustment or credit.  All charges occurring that occurred more than thirty (30) days prior to the billing date on your billing statement will be deemed acceptable by you.

16. Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIDEOBLOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. VIDEOBLOOMMAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIRMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (5) NO VIRUSES OR OTHER DESTRUCTIVE MATERIALS WILL BE TRANSMITTED ON THE SERVICE, AND (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE, INFORMATION OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, OBTAINED BY YOU FROM VIDEOBLOOM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

17. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIDEOBLOOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIDEOBLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

18. Indemnity

You warrant and confirm that you own the copyright or have permission to use the images, video, and/or music you upload to your VideoBloom account. You also agree to defend, indemnify and hold VideoBloom and its respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by VideoBloom in defending against such suit, demand or claim.

19. International Use

VideoBloom makes no representation that materials on its Web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.

20. General

(a) Except as expressly provided in additional Terms of Use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between VideoBloom and you with respect to the subject matter hereof; (b) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (c) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (d) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (e) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (f) No changes to these Terms and Conditions shall be made except by a revised posting on this page.

21. Partner and Affiliate Fees

VideoBloom offers a “Partner and Affiliate Program” to reward those who refer new clients to its Service. Affiliate agrees that VideoBloom reserves the right to determine through its own means who, if anyone, gets “credit” for a new client. Affiliate agrees that VideoBloom may change its Partner and Affiliate Program at any time without warning or notification including but not limited to payment method, payment schedule, payment amounts, payment calculations, reporting methods.  Affiliate agrees that VideoBloom may cancel Partner and Affiliate Program at any time without warning or notification. Affiliate agrees that Affiliate will keep VideoBloom informed of all postal address and e-mail address changes for the Subscriber. Subscriber may appeal the amount of a payment within 30 days of a payment being sent and may request investigation into a missing payment within 30 days of when VideoBloom should have sent the payment under the current Partner and Affiliate program rules. Affiliate agrees that if an Affiliate’s membership is terminated for any reason, Affiliate forfeits all rights to future affiliate payments.

22. Use and Storage

You acknowledge that VideoBloom may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that VideoBloom will continue to make available an account remaining active when no payment is received, the maximum number of days email messages, message board postings or other uploaded Content will be retained by the Service, and the maximum storage space that will be allotted on VideoBloom’s servers on your behalf. You agree that VideoBloom has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that VideoBloom reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VideoBloom reserves the right to modify these general practices and limits from time to time.

23. Changed or Discontinued Service, and Service Maintenance

You acknowledge that VideoBloom may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. VideoBloom may at any time and from time to time modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice.  However, scheduled maintenance is generally planned during low-usage night hours. You agree that VideoBloom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

24. Termination

VideoBloom reserves the right to terminate your access to and/or use of the Service and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these Terms. VideoBloom also reserves the right to discontinue providing all or part of the Service. You agree that any termination of your access to or use of the Service and any discontinuation by VideoBloom in providing the Service may be effected without notice to you and that VideoBloom shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that VideoBloom shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Service.

25. Arbitration

Any and all disputes arising out of these Terms and Conditions, their performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Colorado, United States, in English and governed by United States law.

Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.