Terms and Conditions
IMPORTANT: THIS USER AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR AN OFFICIAL REPRESENTATIVE OF A CORPORATION, AS SUCH DULY ACCREDITED TO ENGAGE YOUR ORGANIZATION TO THIS AGREEMENT ("YOU" OR "YOUR" OR "MEMBER"), AND VIDEO CASH CONSOLE. THAT SETS FORTH THE TERMS AND CONDITIONS FOR THE USE BY YOU OF VIDEO CASH CONSOLE SERVICES AND/OR OTHER DOCVCCENTATION PROVIDED THEREWITH (THE "SERVICE"). PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. BY SELECTING THE "I AGREE" BOX DURING REGISTRATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOING SO, EACH TIME YOU SUBSCRIBE UNDER THIS REGISTRATION AND ACCESS THE SERVICE, YOU AFFIRMATIVELY STATE THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. VIDEO CASH CONSOLE IS UNWILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICE UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE VIDEO CASH CONSOLE WEBSITE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS STATED HEREIN. THE VIDEO CASH CONSOLE WEBSITE IS COPYRIGHT © 2015 WITH EXCLUSIVE RIGHTS BELONGING TO VIDEO CASH CONSOLE, LLC.
This website and its services are provided "as is" without any implied or express warranty of any kind, including but not limited to, merchantability, quality, accuracy, title, non-infringement, and fitness for a particular purpose. We assume no liability and you expressly release Video Cash Console, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the website. Video Cash Console makes no warranty that the website will be available on an uninterrupted, timely, error-free basis and that the services provided will be accurate or reliable. Video Cash Console will, under no circumstances, be liable to any party for any direct, indirect, special and/or consequential, incidental or punitive damages caused from the use of this website and its services, including, without limitation any lost profits, lost savings, business interruption, loss of data, pecuniary damages or otherwise. You agree to maintain the confidentiality of all of Your Account Information and agree to be primarily responsible for all activity pursuant to Your Account. Although Video Cash Console has taken significant measures to ensure the security of information submitted by You in using the Service, Video Cash Console cannot guarantee the security of information collected during Your use of the Service and shall not be liable in any way for compromise of Your data.
Except as expressly provided herein, You do not acquire any rights to the Service through the purchase of a subscription to the Service or the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code) ("Source Code") of the components of the Service, or create derivative works based thereon. You also may not download, republish, reproduce, copy, post, transmit, or in any way distribute any material from the Site unless such activities are in direct furtherance of Your permitted use of the Service and do not in any way violate this Agreement. Payment. You are responsible for paying all fees and charges associated with your use of the Service (the "Service Fee") as such fees become due. Unless otherwise stated in writing from Video Cash Console, You agree to be billed monthly by Video Cash Console for all recurring and one-time charges, including but not limited to, upgrades, download overage charges, and for any services ordered by You and any fees You owe to Video Cash Console. Except as otherwise provided in this Agreement, all fees and charges are non-refundable. Subscription Fees. Video Cash Console charges service fees at the time of subscription. Subscription fees are automatically recurring on a monthly schedule. You can cancel your subscription at any time by choosing to Cancel Subscription in your my account page in your back office. Term. The initial term of this agreement is equal to the "minimum term" specified for each respective subscribed service provided by Video Cash Console and is equal to one month. Automatic renewal: unless terminated pursuant to the Termination section below, this agreement shall renew automatically for periods equal to the initial term.
Termination without cause. You may terminate this Agreement at any time by canceling the account via your back office. No service termination can be processed by phone.
ALL CUSTOMER DATA, INCLUDING ALL UPLOADED VIDEOS ARE IRREVOCABLY DELETED AT THE END OF THE SUBSCRIPTION PERIOD WHEN THE SUBSCRIPTION IS CANCELLED. A 10 DAY GRACE PERIOD IS IMPOSED BEFORE DELETING ANY VIDOES.
ALL CUSTOMER DATA AND ACCOUNT SETTINGS INCLUDING, BUT NOT LIMITED TO, CONTENT IN PUBLIC AND PRIVATE INFORMATION STORES ARE IRREVOCABLY DELETED UPON ACCOUNT TERMINATION AND REQUEST FOR REMOVAL OF YOUR INFORMATION FROM DATABASE.
Termination for cause. Notwithstanding the foregoing, Video Cash Console may immediately terminate this Agreement and Your Account upon (a) Your breach of any provision of this Agreement, (b) any action by You that Video Cash Console determines, in its sole judgment, to interfere with the operation or use of the Service or (c) failure to maintain current contact information for your account.
In the event of immediate termination for cause, Video Cash Console shall be entitled to the entire Subscription fee for the term in which such termination occurred and you shall not be entitled to any refund or credit thereof.
Any provision of this Agreement which may reasonably be interpreted or construed as surviving the termination of the Agreement, shall survive such termination of this Agreement for any reason.
Notice. Any notice required by this Agreement or given in connection with it, shall be posted on the Video Cash Console website or e-mailed to the User and shall be effective ten (10) business days after it is sent via e-mail or posted on Company website.
Governing Law/Jurisdiction. This Agreement shall be governed by and construed under the U.S. federal law or the laws of the State of Colorado, without reference to principles of conflict of laws, and any action brought by the Parties to enforce or interpret any provision of this Agreement shall be brought exclusively in an appropriate court or U.S. federal courts. The Parties hereby consent to such jurisdiction and waive any objection to such venue.
General. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions term had never been included. Failure by Video Cash Console to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Non-performance of either Party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non performing Party. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. Except as otherwise stated in this Agreement, Video Cash Console reserves the right to modify this Agreement or policies regarding the use of the Service at any time and to notify You of such modification by posting a notice of such modification to the Site at least ten (10) days prior to such modification taking effect, and by posting the modified Agreement to the Site. You are responsible for periodically reviewing this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You represent that you are authorized to accept these Terms and Conditions behalf of you, your company and as an authorized agent for any third party benefited by or related to your use of this website and its services.
Your acknowledgement and acceptance of these terms and conditions is a material condition to the subscription and is commercially reasonable. You acknowledge that these terms and conditions may be periodically revised and you agree to periodically review them for modifications. Information on the website may be changed or updated without notice along with changes in the services and programs described in this website without notice.
You agree to defend, indemnify and hold harmless Video Cash Console, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the website.
YOU HEREBY RECOGNIZE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE AGREEMENT'S TERMS AND CONDITIONS.
Please contact Video Cash Console with any questions regarding these Terms and Conditions at firstname.lastname@example.org