These Terms of Service (the “Agreement”) outline the terms and conditions governing your access and usage of the internet website owned and managed by Blurr di Shirani Bid Abadi Aryan, accessible at wpvideo.com and *.wpvideo.com (the “Site”), encompassing all associated webpages, as well as access via a mobile device, along with the utilization of the services provided, which include, but are not limited to, the capabilities that facilitate the creation, testing, and hosting of custom landing pages for specific promotional purposes in the realm of online marketing (the “Services”). This Agreement establishes a legally binding relationship between you, the individual using this Site, and WPVideo. References to “we,” “our,” and “us” pertain to WPVideo.
By engaging in any of the following actions: (1) accessing this website; (2) making a purchase or submitting content via the website; (3) completing the online application process by selecting the acceptance checkbox; or (4) subscribing to a service that makes reference to this Agreement, you acknowledge and consent to this Agreement and WPVideo’s Privacy Policy, accessible at https://wpvideo.net/privacy-policy/ (the “Privacy Policy”). If you are entering into this Agreement on behalf of a company or another legal entity, you affirm that you possess the authority to legally bind such entity to the terms and conditions herein. In such a case, the terms “you” or “your” refer to the aforementioned entity. If you lack the authority to do so or if you disagree with these terms and conditions, you must refrain from accepting this Agreement and are not permitted to utilize the services. The sections of this Agreement governing fee payment terms are applicable exclusively to the Professional, Plus, and Personal paid subscriptions, while all other terms remain in effect.
On our website, we might offer brief summaries of the terms and conditions found in this Agreement. These summaries are provided solely for your convenience, are not legally binding, and do not alter the content of this Agreement in any manner.
WPVideo reserves the right to revise or amend this Agreement or the Privacy Policy at any time, and updated versions will be published on the website. It is your responsibility to periodically review the Agreement and Privacy Policy. Your ongoing use of the website and/or the services following updates to this Agreement and/or Privacy Policy will be considered as your acceptance of such revisions.
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Ability to Enter into this Agreement
This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with WPVideo, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.
Before you continue, you should print or save a local copy of this Agreement for your records.
Your Profile Information and Account
In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current, and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to WPVideo for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify WPVideo immediately.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying WPVideo immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically at that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.
By providing us with your phone number, you agree to allow WPVideo to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments, and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.
Fees
You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the WPVideo Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions, or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign up for multiple Accounts to receive additional benefits under any Trial Programs.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
All prices listed, fees, charges, and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.
Intellectual Property Rights
All right, title, interest, ownership, and intellectual property rights in and to the Site, WPVideo trademarks, and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including HTML-based computer programs) and other media, material or information, other than your Content, are and will remain the property of WPVideo or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to WPVideo. The Site is protected under Canada, United States, and international copyright, trademark, and other laws and treaties.
Subject to the terms and conditions of this Agreement, WPVideo grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes, or techniques which you provide to WPVideo related to the Services, the Site, or WPVideo or its business (“Feedback”) shall become WPVideo’s property without any compensation or other consideration payable to you by WPVideo, and you do so of your own free will and volition. WPVideo may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative WPVideo may decide into the Site, its software, services, documentation, business, or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to WPVideo in any Feedback and, as applicable, waive any moral rights.
WPVideo owns any test results, data information, and other output generated by your use of the Site and/or the Services during the term of this Agreement.
The following are registered trademarks, trademarks, or service marks of Blurr di Shirani Bid Abadi Aryan or its Affiliates: WPVideo™. All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Blurr di Shirani Bid Abadi Aryan or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Blurr di Shirani Bid Abadi Aryan or its Affiliates.
Confidential Information
You agree to safeguard, keep secret and not to disclose to any third party any Confidential Information acquired, learned, or provided from WPVideo during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how, and processes, computer programs and inventions, discoveries, and improvements of any kinds.
Plugin License WPVideo WordPress plugin is licensed under the GNU General Public License (https://www.gnu.org/licenses/gpl.html) version 0.1 or later.
Warranty Disclaimer
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. WPVideo EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
WPVideo DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, WPVideo MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT WPVideo, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. WPVideo MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.
WPVideo IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY WPVideo, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY WPVideo.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. WPVideo DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WPVideo OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE IS OFFERED AND CONTROLLED BY WPVideo FROM ITS FACILITIES IN THE UNITED STATES. WPVideo MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)
You acknowledge and agree that WPVideo does not warrant, assure, and/or guarantee that its software is or shall ever be compliant with the Web Content Accessibility Guidelines pursuant to WCAG 2.0, WCAG 2.1, and/or any successor laws or guidelines (collectively, “WCAG Compliance”).
You further acknowledge and agree that WPVideo does not warranty, assure, and/or guarantee that its software, coding, and/or PHP programming language can be modified to meet WCAG Compliance.
By using and/or downloading WPVideo, you expressly accept WPVideo as-is and agree to be fully responsible and solely liable to ensure that your website and/or your intended use of WPVideo meets WCAG Compliance and any other accessibility regulations, as required by law, which may change from time to time. You further agree to test WPVideo and all of its functionality and features on your website locally prior to allowing WPVideo to become live to the public in order to ensure that you are able to meet WCAG Compliance. Furthermore, it is your responsibility to remain informed on all issues and requirements relating to WCAG Compliance.
By choosing to download, install, and/or otherwise use WPVideo on your website, a third-party website, and/or any other online platform, you hereby claim that any such website(s) and/or online platform(s), including all pages and features, have been tested by you and meet WCAG Compliance. In no event shall WPVideo (including any of its authorized representatives, principals, agents, officers, directors, shareholders, members, partners, employees, associates, successors, assigns, subsidiaries, licensees, and/or owners) be liable to you or to any third-party claiming through you or on your behalf for any failure to meet WCAG Compliance. You agree to take all responsibility related to meeting WCAG Compliance.
In the event there are any contradictions between the terms contained in this WCAG disclaimer and any other terms of service on this site, then the terms herein shall control as to any inconsistencies.
Support
Support for plugins sold and distributed by Blurr di Shirani Bid Abadi Aryan, LLC is exclusively available to users with an active, paid support license.
Support, updates, and access to plugin downloads are initially granted for one year from the date of the original purchase, in accordance with the specific license purchased. Upon the completion of this one-year period, the purchaser must renew their license to continue receiving support, updates, and the ability to download plugin files for the items they’ve acquired.
Support for WPVideo will be provided as long as WPVideo remains actively in development. However, Blurr di Shirani Bid Abadi Aryan will no longer be responsible for providing support in the following scenarios:
- WPVideo is no longer actively developed as a viable product under Blurr di Shirani Bid Abadi Aryan.
- WPVideo or the parent company is acquired or merged with another company.
- WordPress is no longer actively developed.
While we make every effort to offer the highest quality support for our plugins, we cannot guarantee that every support inquiry will be answered to the extent that the inquirer is completely satisfied.
License Holder
Only a license holder for WPVideo is authorized to request support or access support resources. In the event that any other party, apart from the license holder, attempts to access support resources in a manner not specified, we retain the right to suspend the license key indefinitely, without prior notice or consent.
Reproduction or redistribution of content from any part of this site, including the support forum and documentation materials, is strictly prohibited. Should any attempt be made to repost content in the manner specified above, we reserve the right to indefinitely suspend the license key without notice or consent.
Sharing or reselling your WPVideo license key is strictly prohibited. If any violation of this policy is detected, we reserve the right to promptly suspend the associated account indefinitely, without prior notice.
Inactive License
If your license for WPVideo becomes inactive or is no longer valid, the following will apply: (a) WPVideo will no longer have an obligation to provide you with its Services, (b) your account will become inaccessible for downloading plugin files, creating new forms, or editing existing forms, templates, or derivative templates developed through the Site, (c) you must immediately cease using the Services, and (d) all licenses and other rights granted to you under the Agreement will promptly expire. WPVideo shall not be held liable to you or any third party for the termination of this Agreement or any suspension of your use of the Services.
Please note that when your license becomes inactive, your content may be permanently deleted from your account, and this content cannot be recovered. If your WPVideo license is not active, WPVideo will not retain your content on your behalf.
Limitation of Liability / Exclusion of Consequential and Related Damages
NEITHER PARTY’S LIABILITY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, REGARDING ANY SINGLE INCIDENT, SHALL EXCEED THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE INCIDENT. HOWEVER, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID UNDER THIS AGREEMENT. THESE LIMITATIONS APPLY TO CONTRACTUAL AND TORTIOUS CLAIMS, REGARDLESS OF THE LEGAL THEORY. PLEASE NOTE THAT THESE LIMITATIONS DO NOT AFFECT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THIS AGREEMENT.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT OR TORT AND REGARDLESS OF THE LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE ABOVE LIMITATIONS SHALL ALSO EXTEND TO ANY DAMAGES INCURRED DUE TO THE CONTENT OR SERVICES OFFERED ON THIRD-PARTY SITES OR PROVIDED BY THIRD PARTIES OTHER THAN WPVideo AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH THIRD-PARTY SITES. YOU ALSO AGREE THAT WPVideo SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM INTERACTIONS OR DEALINGS WITH ADVERTISERS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
WPVideo retains the right to alter, suspend, or terminate the Site and/or Services, in whole or in part, with or without prior notice and for any reason. This includes, but is not limited to, non-compliance with the terms of this Agreement. WPVideo shall bear no liability for any damages, liabilities, losses, or other consequences resulting from such alterations, suspensions, or discontinuations.
Indemnity
You agree to indemnify, defend, and hold harmless WPVideo, its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising from or related to this Agreement or the Site. This includes, but is not limited to, the following:
(a) Your use, non-use, or misuse of the Site, the Services, and any Content, including, but not limited to, your Content and any third-party Content within the Site.
(b) Your breach or alleged breach of this Agreement.
(c) Your infringement upon the rights of third parties, including intellectual property rights.
WPVideo reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify WPVideo, and you agree to cooperate with WPVideo in defending against such claims. You must not settle any such matter without the prior written consent of WPVideo. WPVideo will make reasonable efforts to inform you of any claim, action, or proceeding once it becomes aware of it.
Automatic Renewal
Unless you inform WPVideo before the conclusion of the relevant subscription period that you wish to terminate the automatic renewal, your subscription will be renewed automatically. By doing so, you grant us permission to charge the applicable annual or monthly subscription fee for this renewal using any credit card or other payment method we have on file for you. You have the option to cancel your subscription at any time within the “My Account and Billing” section of your dashboard.
Cancellation and Termination
If you want to cancel your WPVideo Subscription, you can do so by logging into your account and following the cancellation process through the billing section menu. If you can’t locate this option in the billing section or if you have questions or need assistance, please reach out to Support, and they will guide you through the cancellation procedure. You will be responsible for all charges incurred on your account up to the point when you downgrade or cancel your Subscription. However, if you cancel your Subscription within the first fourteen (14) days of opening your WPVideo Account, you will receive a refund of your Subscription fee.
Upon cancellation of your Subscription, WPVideo is not obligated to retain or store your account information or Content. WPVideo may, at its discretion, either delete your information and Content immediately or retain it (either in full or in part) following WPVideo’s established processes and practices.
WPVideo reserves the right, at its sole discretion and without incurring any cost, liability, or charge, to terminate this Agreement for any reason, including, but not limited to, non-compliance with the terms of this Agreement. Furthermore, WPVideo may, at its sole discretion, temporarily or permanently suspend access to your account, Subscription, or Services for any violation or suspected violation of this Agreement. WPVideo also retains the right to deny access to anyone, including users employing proxy servers and/or IP addresses situated in specific geographical areas outside of Canada and the United States. WPVideo reserves the right to terminate any part of the Site at any time, with or without notice, for any reason.
Refund Policy
The WPVideo no-risk money-back guarantee ensures that if, at any point during the initial 14 days of opening your paid Account or within 14 days of your annual renewal, you determine that WPVideo isn’t the right fit for you, all you need to do is reach out to our exceptional support team (we’ve made it easy!).
We will promptly halt your Subscription and process a refund for you. To be eligible for a refund, your request must be submitted within 24 business hours of the 14-day period starting from the date and time you initially opened your paid Account or renewed annually. While some refunds may be processed instantly, it might take 5 to 10 business days for the refund credit to appear on your credit card statement.
Failure to provide adequate notice and subsequent charges to your credit card will not result in a refund.
Discount Policy
From time to time, WPVideo may provide purchase incentives in the form of subscription discount codes. These discount codes are applicable as an introductory offer, which means they are only valid for the initial term of the selected subscription. Please note that discount codes do not extend throughout the entire duration of the subscription. Once the introductory term concludes, regular subscription charges will apply.
Agreement to Governing Law and Jurisdiction
If any dispute arises between you and WPVideo concerning this Agreement, the Site, or the Services, you consent to the resolution of the dispute under the laws of the state of Florida, without considering its conflict of law principles. Furthermore, you agree to submit to the exclusive jurisdiction of the courts located in West Palm Beach, Palm Beach County, Florida, in relation to any claims, legal proceedings, or actions connected to this Agreement, the Site, or the Services, regardless of the circumstances of the dispute. It’s important to note that WPVideo reserves the right to seek and obtain injunctive relief in any jurisdiction.
Legal Remedies
You understand that this Agreement may be upheld through injunctive relief and other equitable means, regardless of the need to prove monetary damages.
You also acknowledge that if WPVideo opts not to exercise or enforce any legal rights or remedies detailed in this Agreement (or those granted to WPVideo by applicable laws), such a choice shall not be considered a formal waiver of WPVideo’s rights, and these rights and remedies will continue to be available to WPVideo.
Manner of Giving Notice
Unless stated otherwise in this Agreement, all notifications, authorizations, and consents in this Agreement must be in written form and will be considered as delivered through one of the following methods: (i) personal delivery, (ii) the second business day after being sent by mail, (iii) the second business day after being transmitted via confirmed facsimile, or (iv) the first business day after being sent via email. Notices related to billing will be directed to the designated billing contact provided by you, while all other notices will be addressed to the designated contact specified by you.
For any questions, feel free to reach out at [email protected]