Terms and Conditions


Basically …

What to do

  • Only upload content that you have created.

    Respect the copyright of others. This means don't steal photos or videos that other people have shared and pass them off as your own.

  • Moderate your content.

    All content on VidBoto, whether public or private, has to be appropriately moderated.

  • Enjoy VidBoto!

What not to do

Here's the deal: We like to give second chances. However, when we discover you stepping across any of the lines listed below, we will take action, which may mean deleting your account with or without warning.

  • Don't violate copyright laws or upload collections of photos that aren’t yours.

    This includes other people's photos, video, and/or stuff you've copied or collected from around the Internet. Accounts that consist of such collections may be deleted at any time.

  • Don’t harm children

    To say that VidBoto has a zero tolerance policy towards harmful content involving minors would be an understatement. In protecting children from criminal predators, particularly in crimes involving child sexual abuse, we will aggressively report and cooperate with law enforcement with the goal of prosecuting to the full extent of the law.

  • Don't upload content that is illegal or prohibited.

    This includes but is not limited to drug use, bestiality, and terrorism. If we find you doing it, your account will be deleted and we'll take appropriate action, which may include reporting you to law enforcement.

  • Don’t violate users’ privacy.

    VidBoto has a zero tolerance policy towards distributing sexually graphic images.

In Conclusion

If you don't feel that you can abide by our Community Guidelines as outlined above, maybe VidBoto isn't for you. We've crafted these guidelines to ensure that everyone within the VidBoto community has a good time.


The Legal Stuff …

VidBoto USERS: Your continued use of the VidBoto services will be subject to these Terms of Use. For information about how VidBoto collects, uses and discloses your information, please see the VidBoto Privacy Policy. Below are VidBoto’s terms and conditions of use (“Terms of Use”) that apply to the VidBoto services including the VidBoto website (the “Site”). The Services are owned and operated by VidBoto, Inc. and their respective employees, agents, affiliates and contractors (collectively, “VidBoto”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, PURCHASING PRODUCTS OR VidBoto SERVICES, OR CLICKING THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to the VidBoto family! The Services provide our users with online tools designed to facilitate and share virtual tour videos. These Terms of Use protect the legal interests of VidBoto, our users and our third party vendors.

Your use of the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

These Terms of Use contain provisions that govern how claims that you and VidBoto have against each other are resolved (see Section 15 — Dispute Resolution). These Terms of Use also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.

VidBoto reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email, or by posting a notice on the Site, or by posting the revised Terms of Use on the Site and revising the date at the bottom of these Terms of Use or by such other form of notice as determined by VidBoto. Your continued use of the Services, or your purchase of any Products or the Services following the posting of the revised Terms of Use or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the posting of the revisions on the Site unless you notify VidBoto within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Use whenever you access the Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.

Our Privacy Policy provides information on how VidBoto collects, uses and discloses information from all users of the Services and/or information obtained through your purchase of Products through the Services.

  1. GENERAL TERMS

    1. Additional Policies

      These Terms of Use and the following additional VidBoto terms and policies (as applicable) together constitute a binding agreement between you and VidBoto. All such additional policies are incorporated into these Terms of Use as applicable and collectively govern your use of the Services and/or purchase of Products.

      • Copyright Policy

        VidBoto respects the intellectual property rights of others and expects its users to do the same. To that end, all VidBoto users are subject to the Copyright Policy.

    2. License

      The Services and all images, software, platforms, tools, graphics, data, text, code, the Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the “VidBoto Materials”) are the property of VidBoto or its third party licensors and are protected by United States and international intellectual property laws.

      VidBoto hereby grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the VidBoto Materials solely in accordance with these Terms of Use. Except for the limited licenses granted hereunder, VidBoto reserves all rights not expressly granted and no such additional rights may be implied. You acknowledge that (i) all right, title and interest in and to the VidBoto Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with VidBoto or its third party licensors; (ii) no right or interest in the VidBoto Materials is conveyed other than the limited licenses granted herein; (iii) the VidBoto Materials are protected by copyright and other intellectual property laws; and (iv) VidBoto asserts that the VidBoto Materials embody valuable confidential and secret information of VidBoto or its licensors, the development of which required the expenditure of considerable time and money.

    3. Marks

      You acknowledge that “VidBoto”, the VidBoto logo, “VidBoto”, the VidBoto logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of either VidBoto or VidBoto contained in the Services are trademarks of VidBoto (collectively, the “Marks”) and may not be copied, imitated or used without the prior written permission of VidBoto. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

      VidBoto may provide users with tools to download the Marks via the Services. If you download or otherwise obtain the Marks using such tools, VidBoto grants you a limited right to (i) use the Marks for the sole purpose of referencing the Services and (ii) to use only those Marks that are made available to you by VidBoto through such tools. Your use of any Marks must be consistent with the size, dimensions, color and other characteristics of the Marks and consistent with any other policies concerning the Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests VidBoto sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by VidBoto to be inappropriate. VidBoto has the right to revoke your right to use the Marks at any time at our sole discretion.

    4. Restrictions

      You agree that you will not (i) modify or alter the VidBoto Materials; (ii) create derivative works of the VidBoto Materials; (iii) decompile, disassemble, decode or reverse engineer the VidBoto Materials, translate the VidBoto Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the VidBoto Materials or reduce the VidBoto Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the VidBoto Materials.

      Except as otherwise expressly permitted herein, you may not use the Services or the VidBoto Materials to engage in any of the following prohibited activities:

      • the collection, copying or distribution of any portion of the VidBoto Materials;

      • any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the VidBoto Materials;

      • modifying or otherwise making any derivative uses of the Services or the VidBoto Materials;

      • scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;

      • with the exception of User Content made available by users for download, the downloading of any portion of the VidBoto Materials or any information contained therein; or

      • any use of the Services or the VidBoto Materials other than for their intended purposes.

      Any use of the Services or of any VidBoto Materials other than as specifically authorized herein, without the express prior written permission of VidBoto, the applicable VidBoto user or the Content Owner, is strictly prohibited. Any such unauthorized use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.

    5. HyperLinks

      You may create a text hyperlink to the Site, provided such link does not portray VidBoto or VidBoto or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by VidBoto at any time. You may not frame the Site or utilize framing techniques to enclose the Site, VidBoto Materials, VidBoto Marks or other proprietary information without VidBoto’s express prior written consent.

    6. User Content

      The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services.

      You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. VidBoto does not claim any ownership, right, title or interest in and to your User Content.

      Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant VidBoto a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable VidBoto to provide the Services, including to display the User Content on the Services.

      You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

      From time to time, VidBoto may limit the amount of User Content, including your photographs, stored via the Site. VidBoto has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if VidBoto were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While VidBoto will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.

    7. Acceptable Use; Disclaimer

      You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:

      • User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;

      • User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;

      • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;

      • User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

      • unsolicited messages containing promotions, political campaigning, advertising or solicitations;

      • private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;

      • viruses, corrupted data or other harmful, disruptive or destructive files; and

      • User Content that, in the sole judgment of VidBoto, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose VidBoto or its users to any harm or liability of any nature.

      Although we prohibit certain activities in these Terms of Use, VidBoto does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. VidBoto reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. VidBoto will have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of such activities. VidBoto’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.

    8. Your Account

      Certain activities on the Services require you to register and create an account. In order to create an account, you must be 13 years of age or older. By registering for an account, you represent and warrant that you are at least 13 years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate. VidBoto reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion. If VidBoto terminates your account due to inactivity, VidBoto will use reasonable efforts to notify you of such termination in advance by posting such notice in your account and emailing such notice to the email address you have specified in your account. You agree to keep your registered email addresses and other Registration Data current and complete, as VidBoto may send important notices about your account from time to time. By registering for an account, you consent to receive communications from VidBoto about the Services by email and/or system messages consistent with the terms of our Privacy Policy.

    9. Account Security

      You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

      User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.

      We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. VidBoto is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify VidBoto of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to VidBoto.

    10. Third Party Services

      VidBoto may make third party content and services available on or through the Services (“Third Party Services”) solely as a convenience to its users (for example, links to third party websites, software and other services). When you leave the Services, you should be aware that these Terms of Use and all other VidBoto policies no longer govern your use of such websites and services or any content contained thereon.

      VidBoto does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Services. VidBoto makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.

    11. Advertisements and Promotions

      The Services may contain third party advertisements and promotions generated or posted by other users of the Services, VidBoto Vendors or other third party service providers.

      Your business dealings or interactions with any third parties, including other users of the Services or VidBoto Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. VidBoto does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the VidBoto Vendors. VidBoto is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with its users or a VidBoto Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.

    12. DISCLAIMER OF WARRANTIES

      THE SITE, SERVICES, THE VidBoto MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VidBoto DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE VidBoto MATERIALS, AND THE PRODUCTS.

      VidBoto DOES NOT REPRESENT OR WARRANT THAT THE VidBoto MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM VidBoto OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VidBoto IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. VidBoto ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.

    13. LIMITATION OF LIABILITY

      IN NO EVENT WILL VidBoto OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE VidBoto MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM VidBoto, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VidBoto’S RECORDS, PROGRAMS OR SERVICES.

      IN NO EVENT WILL THE AGGREGATE LIABILITY OF VidBoto, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE VidBoto MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO VidBoto FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    14. Indemnity

      You agree to defend, indemnify and hold harmless VidBoto and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or the VidBoto Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

    15. Dispute Resolution

      • Applicable Law

        Your use of the Services is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law provisions.

      • Agreement to Arbitrate & Waiver of Representative Actions

        PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VidBoto AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 15, YOU ARE NOT PERMITTED TO USE THE SERVICES.

        You and VidBoto agree to arbitrate any dispute arising from these Terms of Use or relating to the Services, Site or VidBoto Materials. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VidBoto agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Leon County, Florida; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at www.adr.org. Other than class procedures and remedies described in these Terms of Use, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Notwithstanding the foregoing, you and VidBoto are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for (1) the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents or (2) allegedly criminal conduct under laws of the United States or any state thereof including, but not limited to, criminal laws addressing pornography, exploitation, obscenity, or hate speech.

        The arbitrator will not be bound by rulings in prior arbitrations involving different VidBoto or VidBoto users but is bound by rulings in prior arbitrations involving the same VidBoto or VidBoto user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND VidBoto AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND VidBoto AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER VidBoto OR VidBoto USERS.

        Unless you and VidBoto agree otherwise, in the event that a court decides that any part of this Section 15 is invalid or unenforceable, you agree that any claim or dispute that has arisen or may arise between you and VidBoto must be resolved exclusively by a state or federal court located in Santa Clara County, California. The remainder of the Terms of Use will continue to apply. You and VidBoto agree to submit to the personal jurisdiction of the courts located within Leon County, Florida for the purpose of litigating all such claims or disputes.

    16. Feedback

      We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. VidBoto will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant VidBoto a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.

    17. Assignment

      These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without VidBoto’s prior written consent. VidBoto will be permitted to assign its rights under these Terms of Use at its sole discretion.

    18. International Users

      VidBoto is located in the State of Florida in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with VidBoto occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.

    19. Severability

      If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties’ intent.

    20. Survival

      The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.

    21. Questions or Comments

      VidBoto is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us. If you have any questions, concerns, complaints or comments in any way related to your use of the Services or the transfer of your VidBoto account to VidBoto, please contact us.

  2. COPYRIGHT POLICY

    In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, VidBoto has adopted a policy of terminating, in appropriate circumstances and at VidBoto’s sole discretion, the accounts of users who are deemed to be repeat infringers. VidBoto may also, at its sole discretion, limit access to VidBoto’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. VidBoto will respond to claims of copyright infringement committed using VidBoto that are reported to VidBoto’s Designated Copyright Agent, identified in the sample notice below.

    If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to VidBoto’s Designated Copyright Agent. Upon receipt of the Notice as described below, VidBoto will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

    DMCA Notice of Alleged Infringement (“Notice”):

    • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

    • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.

    • Provide your mailing address, telephone number, and, if available, email address.

    • Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

    • Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to VidBoto’s Designated Copyright Agent at info@VidBoto.com

— The VidBotoers, Nov 20, 2019