Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version VEZBI may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of VEZBI, including but not limited to all products, software and services offered via the VEZBI website, such as the VEZBI channels and other applications.
The Service may contain links to third party websites that are not owned or controlled by VEZBI. VEZBI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VEZBI will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve VEZBI from any and all liability arising from your use of any third-party website.
In order to access some features of the Service, you will have to create a VEZBI account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VEZBI immediately of any breach of security or unauthorized use of your account.
Although VEZBI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VEZBI or others due to such unauthorized use.
VEZBI hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
a) You agree not to distribute in any medium any part of the Service or the Content without VEZBI's prior written authorization, unless VEZBI makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
b) You agree not to alter or modify any part of the Service.
c) You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means VEZBI may designate.
d) You agree not to use the Service for any of the following commercial uses unless you obtain VEZBI's prior written approval:
If you use an Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the VEZBI website.
e) If you use our APP, you agree that it may automatically download and install updates from time to time from VEZBI. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit VEZBI to deliver these to you) as part of your use of the APP
f) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the VEZBI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VEZBI grants the operators of public search engines permission to use spiders to copy materials from the site 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. VEZBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
g) You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and VEZBI as a result of these Terms or your use of the Service.
h) In your use of the Service, you will comply with all applicable laws.
i)VEZBI reserves the right to discontinue or modify any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
a) The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to VEZBI, subject to copyright and other intellectual property rights under the law.
b) Content is provided to you AS-IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by VEZBI on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of VEZBI or the respective licensors of the Content. VEZBI and its licensors reserve all rights not expressly granted in and to the Service and the Content.
c) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
d) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that VEZBI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VEZBI with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VEZBI, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
a) As a VEZBI account holder you may submit Content to the Service, including videos and user comments. You understand that VEZBI does not guarantee any confidentiality with respect to any Content you submit.
b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to VEZBI all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
c) You retain all of your ownership rights in your Content. However, by submitting Content to VEZBI, you hereby grant VEZBI a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and VEZBI's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that VEZBI may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
d) You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VEZBI all of the license rights granted herein.
e) You further agree that you will not submit to the Service any Content or other material that is contrary to the VEZBI Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
f) VEZBI does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VEZBI expressly disclaims any and all liability in connection with Content. VEZBI does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and VEZBI will remove all Content if properly notified that such Content infringes on another's intellectual property rights. VEZBI reserves the right to remove Content without prior notice.
VEZBI will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
VEZBI reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. VEZBI may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service
We do not guarantee that the monetization/revenue share program and token redemption program will be available at all times or at any given time. We may immediately suspend or terminate the offering within the Service for any or no reason, in our sole discretion, and without advance notice or liability. We reserve the right to change the revenue share percentages at any time. Revenue share is calculated after deducting our costs and expenses (including without limitation third party platform fees charged by Apple, Inc. or Google Inc. or others) as well as any taxes.
Tokens must be purchased lawfully and for legitimate purposes. Tokens are non-refundable, and if you don’t use your tokens, the amount you paid in connection with your tokens will not be returned to you. Except as required by applicable law, you will forfeit any unused tokens inventory upon termination of your member account for any reason. In addition, except as required by applicable law, if you have received tokens from other users that have “gifted” you tokens, and your account is terminated for any reason prior to your receipt of the applicable revenue share, you will forfeit the amount of the applicable revenue share.
Tokens Are Not a Monetary Instrument.
Tokens are to be purchased and consumed on the Service, and do not serve as a currency. Tokens have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. The amount of tokens stored in your member account does not reflect any stored value.
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through the Service, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars or such other currency as we may select in our sole discretion. PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through applicable financial institutions and complying with applicable laws and regulations. They may also communicate directly with you regarding any issues with a payment.
You understand that we may decide to impose certain fees (including uploading and maintaining content) to our platform.
If you have a certified Multi-Channel Network (“MCN”) or Premium Channel Network (“PCN”) license with VEZBI, we reserve the right to impose an annual fee and/or supplemental fees. We do not allow third party MCNs or PCNs to operate within our platform without our permission. We may terminate an account (and subsequent accounts associated with the MCN) if an MCN is operating on our platform without our authorization. VEZBI may terminate a license should a MCN become inactive for 2 consecutive months after being licensed. A MCN shall be deemed inactive should its channel partners (as an aggregate) not post a minimum of 10 videos per month. MCN and PCN license fees are non-refundable.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any Tokens, and for determining the applicability of any taxes that you must pay in connection with your receipt of any applicable revenue share. As the purchaser of tokens, taxes or other fees on the transaction will be calculated based on your jurisdiction of residence. If you do not pay applicable sales or other taxes or fees on a transaction, you will be responsible for these taxes or fees in the event that they are later determined to be payable on the applicable sale, and we reserve the right to collect such taxes or other fees from you at any time.
You understand, unless otherwise disclosed, VEZBI is not affiliated to the stores under the Marketplace within a User’s profile. VEZBI is not responsible for items sold or shipped within the stores of the Marketplace operated by our Users. We will, however, do our best, attempt to resolve any issues between the User and the Vender. YOU AGREE TO REPORT ANY UNLAWFUL USE OF THE MARKETPLACE TO VEZBI.
If you are to be granted access to host your store within the Marketplace of your profile, you understand that VEZBI will charge a revenue share. The revenue share amount may change from time to time. VEZBI reserves the right to adjust the revenue share percentage at any time
We do not guarantee the accuracy of the information listed on our Vezbi’s Best database. Information is either provided from a publicly available source or from the Venue owner directly. If you are a business owner and claim or create a Vezbi’s Best profile for your business under Vezbi’s Best, you agree to maintain and submit accurate data. Should your business decide to offer a promotion through your business profile, we expect you to honor it. Failing to do so may cause your account to be suspended or barred.
To prevent false ratings, if a business owner reaches out to you and you do not respond within 5 days, we reserve the right to delete and/or modify your ratings through our Ratings Resolution Program (RRP). In certain circumstances, we may terminate your account. If you are found to be posting purposely deceptive reviews and ratings (both in a positive or negative) or receiving compensation and/or “trolling” businesses, your account will be terminated. Should your account be terminated for these purposes, all of your previous reviews and ratings will be removed.
If you have a business profile on Vezbi’s Best, you represent and warrant that:
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
If a counter-notice is received by the Copyright Agent, VEZBI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at VEZBI's sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VEZBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VEZBI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. VEZBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VEZBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL VEZBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VEZBI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by VEZBI from its facilities in the United States of America. VEZBI makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VEZBI, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as our Services are not intended for children under 13. If you are under 13 years of age, please refrain from using VEZBI.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VEZBI without restriction.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VEZBI, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VEZBI that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together and any other legal notices published by VEZBI on the Service, shall constitute the entire agreement between you and VEZBI concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and VEZBI's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. VEZBI reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VEZBI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.