Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY MONOCEPT. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS. THESE TERMS AND CONDITIONS ALSO APPLICABLE FOR ALL VERSIONS INCLUDING PAID SERVICES/SUBSCRIPTIONS UNLESS STATED SEPARATELY.

 

Video 365 is a  video optimization application that will be about managing, broadcasting, theming and streaming your media to help maximize video performance (the “Service”) hosted on through the site Video365.com (the “Site”). Video365 and any afterward developments on features of the version of services offered are owned by [Monocept Consulting Pvt. Ltd and address] (“MONOCEPT”), together with any updates subsequently provided by MONOCEPT. By using the Site you are agreeing to these Terms of Service (“Terms”). MONOCEPT will continuously upgrade the features of the services, undertake bug fixing from time to time. Any customization [other than this standard offering] provided to you will be subject to additional charges to be negotiated separately and may be subject to a written agreement. Unless mentioned otherwise elsewhere, all customized features for you of this standard service and the rights to further use shall be owned by MONOCEPT.

These Terms and Conditions apply to all users of the Video365.com website, including users who contribute video content, information, and/or other materials, skills or services via the Site, as well as users who access the Video365 Network and/or Service through partner sites, via an API. The Video365 Site may contain links to third party websites that are not owned or controlled by MONOCEPT. MONOCEPT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, MONOCEPT will not, and cannot, censor or edit the content of any third party site. By using this Site, using the Services, you expressly release MONOCEPT from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Video365.com Site and to read the terms and conditions and privacy policy of each website that you visit.

CLOUD ACCOUNT:

The Services hereunder are provided through a hosted services model on the third party cloud [Microsoft Azure]. MONOCEPT bears no responsibility for the users regarding the uptime of the cloud or the Services, hence users are advised to exercise discretion on the same.

Legal Authority To use and/or register for the Service you must be:

  1. a) of legal age and authority to form a binding contract with MONOCEPT if you are a retail customer, b) have sufficient authority to bind the firm if you are a business /commercial customer, and c) a person not barred from receiving the Service under the laws of the applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms and Conditions you represent that you understand and agree to the foregoing.

Changes to Terms: We may, in our sole discretion, change these Terms and Conditions from time to time. We will notify you of changes by posting a notice on the Site or at the time of accessing your account for the Services that these Terms have been updated and updating the “last revised” date above. Your continued access to and use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately terminate your use of the Service. However, your obligation to honor any unpaid subscription or licensing fees will survive the termination of services.

 

MONOCEPT strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, MONOCEPT is not obligated to provide any maintenance, technical or other support for the Service.

 

SERVICES SITE ACCESS:

  1. MONOCEPT hereby grants you permission to use the Site as set forth in these Terms and Conditions of Use, provided that: (i) you use the Site only for the intended commercial purposes; (ii) you refrain from copying or distributing any part of the Site in any medium without MONOCEPT’s prior written authorization; (iii) you refrain from modifying any part of the Site, other than as permitted according to the site’s general user interface and the Site’s purpose; and (iv) you otherwise comply with these Terms and Conditions.
  2. In order to access some/all features of the Site and/or the Service, you will have to create an account. You may never use another user’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 MONOCEPT immediately of any breach of security or unauthorized use of your account. (Please contact [insert email] to report any problems.) Although MONOCEPT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MONOCEPT or others due to such unauthorized use.
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that accesses the Site in a manner that sends more request messages to Video365.com/or MONOCEPT 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, MONOCEPT grants the operators of public search engines limited permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MONOCEPT 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, without limitation, account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submitted Content (as defined herein).

 

Changing the Service:

MONOCEPT reserves the right to suspend or stop the Service (or any part thereof) at any time or from time to time, with prior notice to you for any regular maintenance process. Without limiting the foregoing, MONOCEPT may provide notice of any such changes to the Service by posting them on the Site and/or via the Service. However, MONOCEPT shall be under no obligation to provide prior notice of cessation of services caused due to external hacker attacks and reasons that are beyond the control of MONOCEPT. You agree that MONOCEPT shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that MONOCEPT has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, MONOCEPT may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.

 

Responsibility when using with third party service providers:

You agree to abide by the terms of service posted by any third party when using the Service in conjunction with the third-party services. You are solely responsible for reading and abiding by third party’s terms of service, privacy policy, security policy and other posted policies and practices in posting content on third-party site and providing links of your videos through the use of the Service. We will not be liable for your violation of any third party’s policies or practices or your violation of any third party rights due to your posting of content on third party sites or your use of the Service. By accepting these Terms, you represent and warrant that you understand and agree to the foregoing

 

License Grant:

Limited License from MONOCEPT: MONOCEPT grants you non-exclusive, non-transferable, limited license to use the Service and the technology and software associated therewith, solely in accordance with these Terms, and provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, sell, lease, sublicense, grant a security interest in, assert a claim of ownership in adverse to MONOCEPT, in or to the Service or any part or element thereof.

 

Limitations on Use:

You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. MONOCEPT reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. You may not access the Service if you currently compete or plan to compete in the business of automation or other software solutions for search marketers, except with MONOCEPT’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes.

 

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, including sharing or providing a password to third parties, in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the service as a “[name the application]” or “[name the application]” from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. You shall not use any “robot”, “spider” or other automatic or manual device or process for the purposes of compiling information on the Site for purposes other than the Services provided herein; or use any names or trademarks of MONOCEPT as meta tags or hidden text. You shall not use the Service in any manner inconsistent with or in violation of any applicable laws or regulations.

 

Content/ or User Submitted Content:

The Services may allow you to submission of videos, photos and other forms of electronic media content by your users (User Submitted Content) and that you may host, share, import, edit, remix and or publish that media. You shall own such User Submitted Content on the Site. By uploading content, you agree to and hereby does grant, and does represent and warrant that you have the right to grant, MONOCEPT a royalty-free, fully paid up, worldwide license to use the content solely in connection with the operation and provision of Services that entail the MONOCEPT’s hosting, streaming or storage of such content. MONOCEPT doesn’t guarantee the confidentiality of such content whether published or not.

You are solely responsible for any Content or other material that you post, upload, submit or distribute. MONOCEPT may review and delete any Content that violates the terms of this Section. Prohibited Content includes any Content that (i) infringes any copyright, trademark, patent, trade secret, right of publicity or other right of any person or entity, (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortious, obscene, offensive, vulgar, pornographic, profane or is otherwise inappropriate as determined by MONOCEPT in its sole discretion, (iii) contains any virus, malicious code, Trojan horse or other program designed, intended or likely to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of MONOCEPT or any person or entity, (iv) encourages illegal activity or (v) falsely suggests or implies sponsorship or endorsement by MONOCEPT.

MONOCEPT does not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submitted Content.

 

Restrictions on Use:

You shall not (i) interfere or attempt to interfere with the proper operation of the Services or any activities conducted under the Site, (ii) use any robot, spider or other device to retrieve, track, scrape, data mine or in any way gather information, content or other materials from the Services, Site

 

Proprietary Rights:

You acknowledge and agree that MONOCEPT alone (and its licensors, where applicable) shall own all right, title and interest, including any and all related intellectual property rights (whether registered or unregistered and wherever in the world), in and to the Site and the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Service. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. These Terms do not constitute a sale or assignment and do not convey to you any rights of ownership in or related to the Site or the Service.

Trademarks Video365 and the MONOCEPT logo appearing on the Site are among the trademarks and/or service marks owned by MONOCEPT. No trademark or service mark or other license is granted in connection with any such materials contained on the Site. Certain product, service, or company designations for companies other than MONOCEPT may be mentioned on the Site. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

 

Confidential Information:

You acknowledge that you may have access to certain confidential information of MONOCEPT, such as information concerning its business, plans, customers, technology and products (“Confidential Information”). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should reasonably be considered confidential. You agree that you will not use Confidential Information in any way for you own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, these Terms and Conditions, nor you will disclose to any third party (except as required by law or its attorneys, accountants and other advisors as reasonably necessary) any of the Confidential Information and you will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect your own Confidential Information. Upon termination or expiration of these Terms of Service for any reason, Publisher will return or destroy, at the MONOCEPT’s request, all Confidential Information and all documents or media containing any such Confidential Information and any and all copies or extracts thereof.

 

Indemnification:

You agree to indemnify, defend and hold harmless MONOCEPT from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the Site, your use of the Service or your violation of these Terms.

 

Disclaimer of Warranties:

YOU AGREE THAT YOUR USE OF THE VIDEO365 SITE AND SERVICE AND/OR NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MONOCEPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. MONOCEPT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE 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 WEBSITE OR SERVICE.

IN NO EVENT SHALL MONOCEPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF MONOCEPT WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability:

IN NO EVENT SHALL MONOCEPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF MONOCEPT WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

General:

These Terms shall be exclusively governed by and construed in accordance with the laws of the State Telangana, India without giving effect to any principles of conflicts of law. MONOCEPT controls and operates the Site from its offices located in the [location]. MONOCEPT makes no representation that the Site or the Service is appropriate or available for use in other jurisdictions outside India, or that these Terms comply with the laws of any other country. Visitors who use the Site and/or the do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Miscellaneous:

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. MONOCEPT’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. MONOCEPT may assign its rights and duties under these Terms without such assignment being considered a change to these Terms and without notice to you. You may not assign these Terms without the prior written consent of MONOCEPT. These Terms and any other operating rules, policies, or procedures that may be posted from time to time by or on behalf of MONOCEPT on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

 

Contacting Us:

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us.

Governing law:

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Each party irrevocably consents to the exclusive jurisdiction, forum and venue of the Courts situated at City of Hyderabad, TELANGANA STATE, INDIA.

Acknowledgment:

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. By using this Site you agree to abide by these Terms.