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Terms & Conditions

Last Update : August 8, 2025

Videotape Inc.

Last Updated: 11/20/2024

Welcome to Videotape! Please read our User Agreement (this “Agreement”) carefully.

This Agreement, including any applicable supplemental terms (as defined herein) incorporated herein, is a legal contract between you and Videotape Inc., a Delaware corporation (“Videotape,” “we,” or “us”).

YOU ARE NOT PERMITTED TO USE THIS SITE IF YOU ARE UNDER THE AGE OF 18.

PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about our users. The Privacy Policy is incorporated into and made a part of this Agreement. You acknowledge that you have read and understood our Privacy Policy and agree to the collection, use, and disclosure of your information as described therein.

ACCEPTANCE OF TERMS

By accessing or using videotape.ai, or any other website or application with an authorized link to this Agreement (the “Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively with the Website, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you:

(1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;

(2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and

(3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company or other legal entity on whose behalf you use the Services.

THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ACCESS OR USE THE SERVICES.

Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Your use of the Services may be subject to any additional terms, conditions, and policies (“Supplemental Terms”). We will separately post such Supplemental Terms on the Services or will present them to you for your acceptance when you sign up for a particular Service. The Supplemental Terms applicable to you are incorporated by reference into this Agreement. To the extent there is any conflict between the terms set forth here and the Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.

Videotape reserves the right to modify this Agreement, including the Supplemental Terms, or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. We will notify you of any material changes by updating the "Last Updated" date at the top of this Agreement, and in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification). You should regularly review this Agreement, and your continued use of the Services after any such changes constitutes your acceptance of such changes.

AGE RESTRICTIONS AND ELIGIBILITY

You must be at least 18 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

HOW THE SERVICES WORK

Videotape’s Services enable us to collect survey responses, videos and other quantitative and qualitative information from consumers (individual “Panelists,” collectively, a “Panel”) that agree to participate in a research study conducted by Videotape. Research studies may be targeted to different Panels based on the specific attributes and demographics of their Panelists.

Companies (each, a “Brand” and, collectively, the “Brands”) use Videotape’s Services to access the information and survey results provided by Panel(s), as well as analysis performed by Videotape for market research, marketing, advertising, concept testing and validation. Brands contract with Videotape for its Services by purchasing subscriptions or standalone orders (collectively, “Purchase Orders”) for research studies.

Panelist Consent. By participating in Videotape studies, Panelists grant both Videotape and Brand(s) consent to collect, use, and disclose any data provided to Videotape, including video recordings, in accordance with the terms of this Agreement and our Privacy Policy.

Panelists and Third-Party Vendors. We may engage third-party vendors to recruit Panelists for studies conducted through the Services. While we strive to work with reputable vendors, we are not responsible for the actions or omissions of these third parties. Any interactions or transactions between you and third-party vendors are solely between you and the third party. We disclaim all liability arising from or related to third-party vendors.

Technical Requirements for Panelists. To be eligible for participation in Videotape studies, Panelists must meet the following requirements for creating and submitting video recordings as part of a survey response:

(a) have a device with a functioning camera and microphone;

(b) have adequate lighting for clear video capture;

(d) remain in focus during the video recording, and follow all other provided instructions.

Videotape reserves the right to reject any survey responses that, in our sole judgment, fail to meet these or other minimum standards of quality. Videotape's decision to accept or reject survey responses is final.

USE OF THE SERVICES

The Services, and any parts thereof, are protected by copyright laws. Subject to this Agreement, Videotape grants you the limited right to access and use the features and functionality of the Services, as well as a limited license to reproduce portions of Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Videotape in a separate, written license, your right to use any part of the Services is subject to the Agreement.

Updates. You understand that the Services are evolving. You acknowledge and agree that Videotape may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions:

(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website,

(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Videotape;

(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained on the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(f) you shall not access the Services in order to build a similar or competitive website, application or service;

(g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;

(h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; and

(i) you shall not attempt to interfere with or bypass our automated tools, including AI/ML processing, and detection of fraudulent or unauthorized use of the Services.

Any future release, update or other addition to the Services shall be subject to the Agreement. Videotape, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Videotape pursuant to the Agreement.

ACCESS AND REGISTRATION

Users. All users (“Users”) accessing the Website and Services for any reason must be over the age of 18. Users agree not to resell or make any commercial use of the Website and Services without Videotape’s express written consent.

Account Registration. Certain Services may be available only to Registered Users. If you open an account on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to this Agreement.

Registration Data. As a Registered User, you are responsible for safeguarding your password and any other credentials used to access your account. You agree to:

(a) provide true, accurate, current, and complete information about yourself during the registration process (“Registration Data”);

(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and

RESPONSIBILITY FOR CONTENT

Types of Content. You acknowledge that all content, including the Services, is the sole responsibility of the party from whom such content originated. This means that you, and not Videotape, are entirely responsible for all content that you upload, post, email, transmit, provide or otherwise make available (“Make Available”) through the Services, including, without, limitation, videos, visuals, pictures, audio recordings, survey responses, survey answers and any content provided by any minors under your control (“Your Content”), and that you and others accessing the Services, and not Videotape, are similarly responsible for all content that you and they Make Available through the Services (“User Content”). All of Your Content is subject to the licenses granted in this Agreement.

No Obligation to Pre-Screen Content. You acknowledge that Videotape has no obligation to pre-screen Your Content or any User Content, although Videotape reserves the right in its sole discretion to pre-screen, refuse or remove any such content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video, or voice communications or social media posts. In the event that Videotape pre-screens, refuses or removes any of Your Content or User Content, you acknowledge that Videotape will do so for Videotape’s benefit, not yours. Without limiting the foregoing, Videotape shall have the right to remove any content that violates the Agreement or is otherwise objectionable.

Use of Artificial Intelligence. Videotape uses artificial intelligence (AI) technologies to analyze survey responses and other user-generated content to provide insights and reports to our Brands. Your Content may be processed by our AI systems to generate aggregated data and analytical models. We take measures to protect your privacy and comply with applicable data protection laws. Personal data processed by our AI systems is handled in accordance with our Privacy Policy.

Storage. Unless expressly agreed by Videotape in writing elsewhere, Videotape has no obligation to store any of Your Content. Videotape has no responsibility or liability for the deletion or accuracy of any content, including Your Content; the failure to store, transmit, or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

Data Deletion. You may request deletion of Your Content (including, if applicable, your Account data) from Videotape’s systems by contacting privacy@videotape.ai. However, please note that:

(a) we may retain data as required by law or regulatory requirements;

(b) anonymized and aggregated data may be retained indefinitely;

(d) backup copies of your data may persist for a reasonable period of time (but will not be available to others).

OWNERSHIP

Services. Except with respect to Your Content and User Content, you agree that Videotape and its suppliers own all rights, title and interest in the Services. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

Trademarks. All related graphics, logos, service marks and trade names used on or in connection with any of the Services or in connection with the Services are the trademarks of Videotape and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any content that appears on or in the Services.

Your Content. When you Make Available Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. While Videotape does not claim ownership of Your Content, Videotape owns all rights, title, and interest in any insights, analysis, and reports generated with response data collected from survey Panelists.

License to Your Content to Videotape and the Brands. You grant Videotape and the Brands a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users. You acknowledge that Your Content may be used

(a) to train and improve our artificial intelligence and machine learning models;

(b) to create aggregated insights and reports for Brands;

(d) for the purposes of marketing or advertising for Brands or Videotape.

You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Videotape, are responsible for all of Your Content that you Make Available on or in the Services.

Unsolicited Feedback. Any communications you send to Videotape or its Website by email or any other means are not confidential, and Videotape is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in our Privacy Policy), or otherwise using them in any way or for any purpose. Videotape shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

Marketing. By placing a Purchase Order with Videotape, a Brand grants Videotape a non-exclusive, worldwide, royalty-free license to use the Brand's name and logo on Videotape's website and in other marketing materials to identify the Brand as a customer of Videotape.

CONFIDENTIALITY

Panelists. In connection with using the Services and responding to surveys, You acknowledge and agree that you may receive certain confidential, proprietary and valuable information relating to the applicable Brand(s), including, without limitation, tested content, multimedia assets, survey questions, research methodology, business plans, customer data, customer names, financial or market information and analysis, marketing plans, products, product names, product plans, research or trade secrets (the “Confidential Information”). You agree to:

(a) keep such Confidential Information strictly confidential;

(b) not disclose the Confidential Information to any third parties nor post any Confidential Information on social media or other publicly available apps or sites; and

(c) use the Confidential Information solely in connection with using the Services and responding to surveys, questions and the like provided by Videotape.

Confidential Information shall not, however, include any information that you can establish by clear and convincing evidence: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Videotape, or (ii) becomes publicly known and made generally available after disclosure to you by Videotape through no action or inaction by you. You agree that any such violation or threatened violation of this confidentiality obligation will cause irreparable injury to Videotape and the Brand(s) and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Videotape shall be entitled to obtain injunctive relief against the threatened breach of this section or the continuation of any such breach, without the necessity of proving actual damages or posting bond.

Brands. When a Brand places a Purchase Order with Videotape, both parties agree to hold confidential all of the other party's Confidential Information. In addition to the definition above, for the purposes of this section "Confidential Information" shall also include any research results provided as part of Videotape’s contracted Services. Videotape may only disclose a Brand's Confidential Information: (a) as strictly necessary to provide the Services, or (b) with the Brand's express written consent. A Brand may only disclose Videotape's Confidential Information with Videotape's express written consent.

Videotape Reports. Reports generated through the Services may contain the Confidential Information of Videotape and the Brands. Users granted access to a report are solely responsible for ensuring that the report is shared only with individuals authorized to receive it. Unauthorized distribution, reproduction, or disclosure of the report or its contents is strictly prohibited.

YOUR RESPONSIBILITIES

Users are expected to use the Services responsibly and lawfully. You acknowledge that you are responsible for whatever material you submit or is submitted through your Account, including its legality, reliability, appropriateness, originality, or copyright. If Videotape makes available a discussion group or bulletin board as part of its Services, you warrant that your use of such features is for lawful purposes only, as outlined below.

Content that you Make Available in using the Services, including without limitation intellectual property, documents, text, images, audio files, video recordings, other audio-visual content, and/or consumer responses to surveys, questions and/or other inquiries from Videotape, you represent and warrant: (a) you own or otherwise have all necessary rights to Your Content you provided and agree to provide the rights to provide it under this Agreement; and (b) Your Content will not cause injury to any person or entity.

As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party to) either take any action or Make Available any content on or through the Services that:

(a) violates or infringes the rights of Videotape or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;

(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, tortious, pornographic, obscene, offensive, or otherwise objectionable to Videotape or other uses of the Site;

(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;

(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others and/or in accordance with the terms of your subscription or any custom order or agreement;

(e) impersonates any person, business or entity, including Videotape, and Videotape’s employees and agents;

(f) misrepresents your affiliation with a person or entity;

(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;

(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;

(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;

(k) violates this Agreement, guidelines, or any policy Videotape posts on the Website;

(l) disrupts the normal flow of dialogue or negatively affects or interferes with other Users’ ability to use the Services; or

(g) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

You acknowledge that Videotape has the right (but not the obligation), in Videotape’s sole discretion, to view, move, remove, block, edit, or refuse any content, including User Content and consumer responses, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.

INVESTIGATIONS

Videotape may, but is not obligated to, monitor or review the Services or content at any time. Without limiting the foregoing, Videotape shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such content violates the Agreement or any applicable law. Videotape may suspend user accounts for investigation purposes if any breach of this Agreement is suspected. Although Videotape does not generally monitor user activity occurring in connection with the Services or content, if Videotape becomes aware of any possible violations by you of any provision of the Agreement, Videotape reserves the right to investigate such violations, and Videotape may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

THIRD-PARTY SERVICES

Third-Party Websites, Applications and Ads. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Videotape. Videotape is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Videotape provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website and Services, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

INDEMNIFICATION

You agree to indemnify, defend and hold Videotape, its parents, subsidiaries, affiliates, officers, employees, assigns, attorneys, trustees, trusts, trust beneficiaries, joint venturers, stockholders, affiliates, agents, partners, suppliers, and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) from each and any claim or demand, including but not limited to reasonable attorney’s fees and costs, relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Service; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any other User; or (e) your violation of any applicable laws, rules or regulations. Videotape reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Videotape in asserting any available defenses. You agree that the provisions in this section will survive any termination of your status as a Registered User, the Agreement and/or your access to the Services as a User.

DISCLAIMER OF WARRANTIES AND CONDITIONS

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIDEOTAPE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE SERVICES.

THE SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES, INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN) ARE PROVIDED TO YOU “AS IS”, THAT IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE ACCURACY, QUALITY, AND CONTENT (EVEN IF OFFENSIVE OR INFLAMMATORY) OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN) RESTS SOLELY WITH YOU.

VIDEOTAPE IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN). VIDEOTAPE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN).

VIDEOTAPE MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY, CONTENT, AND ACCURACY OF ANY SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN), DATA, INFORMATION, OPINIONS, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SUBJECT TO THE VIDEOTAPE PRIVACY POLICY, VIDEOTAPE MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA, INFORMATION, OR CONSUMER RESPONSES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES TO SURVEYS, QUESTIONS AND OTHER INQUIRIES INCLUDING ANY INFORMATION, DATA, STATEMENTS AND/OR OPINIONS THEREIN) COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SERVICES, AND VIDEOTAPE HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT VIDEOTAPE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VIDEOTAPE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL VIDEOTAPE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, DATA, INFORMATION, OPINIONS, AND CONSUMER RESPONSES), INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF VIDEOTAPE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SERVICES (INCLUDING, WITHOUT LIMITATION, CONSUMER RESPONSES AND OTHER CONTENT); (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR CONSUMER RESPONSES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONSUMER RESPONSES, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (e) QUALITY OR ACCURACY OF ANY CONSUMER RESPONSE (f) CONTENT OR INFORMATION, INCLUDING THE QUALITY OR ACCURACY THEREOF, YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (G) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SERVICES.

Cap on Liability. IN NO EVENT WILL VIDEOTAPE’S LIABILITY OR THE LIABILITY OF VIDEOTAPE’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, JOINT VENTURERS, ATTORNEYS, TRUSTEES, TRUSTS, TRUST BENEFICIARIES, AGENTS, ASSIGNS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION WITH YOUR USE OF THE SERVICES, UNDER ANY THEORY OF RECOVERY, EXCEED THE TOTAL AMOUNT PAID TO VIDEOTAPE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

Content. EXCEPT FOR VIDEOTAPE’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN VIDEOTAPE’S PRIVACY POLICY, VIDEOTAPE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR ACCOUNT SETTINGS.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIDEOTAPE AND YOU.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Videotape’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Videotape by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Videotape’s Copyright Agent for notice of claims of copyright infringement is as follows: Videotape Inc., Attn: Copyright Manager, 7400 SW 50 Terrace Suite 205, Miami, FL 33155, Email: copyright@videotape.ai, Phone: ‪(754) 231-3869.‬

TERMINATION

Videotape may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. Upon termination of your account:

(a) we will delete your account data, except as required by applicable law;

(b) any unspent credits will be refunded to you; and

In addition to suspending or terminating your access to the Services, Videotape reserves the right to take appropriate legal action, including pursuing civil, criminal, or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you, and unpaid amounts you owe to Videotape will remain due. Upon termination, all provisions which by their nature are intended to survive termination will continue to remain in full effect.

GOVERNING LAW AND JURISDICTION

Videotape’s Website and Services are intended for use by residents of the United States of America (“U.S.”) and the European Economic Area (“EEA”). Videotape makes no representation that the Website or Services are appropriate or available for use in other locations. Those who choose to access the Website or Services from locations other than the U.S. or EEA do so on their own initiative and are responsible for compliance with local laws.

This Agreement is governed by and will be construed in accordance with the laws of the U.S. State of Delaware, excluding its conflicts of law principles. Any dispute arising from or relating to this Agreement, the Services, or any related matter will be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You consent to the personal jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue.

GENERAL PROVISIONS

Electronic Communications. The communications between you and Videotape may take place via electronic means, whether you visit the Services or send Videotape emails, or whether Videotape posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Videotape in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Videotape provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Release. You hereby release Videotape Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Videotape Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Videotape’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeure. Videotape shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemics, labor disputes, failures or interruptions of utilities or communications, or any other event beyond its reasonable control.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: support@videotape.ai. We will do our best to address your concerns.

Notice. Where Videotape requires that you provide an email address, you are responsible for providing Videotape with your most current email address. In the event that the last email address you provided to Videotape is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Videotape’s dispatch of the email containing such notice will nonetheless constitute effective notice.

Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (y) 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 and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Videotape are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Videotape products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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