Terms
of Service:
By
purchasing services from videoartonline corp. DBA festivalmaker.com,
you agree to be bound by the following terms and conditions.
videoartonline corp. reserves the right to update and change the
TOS from time to time without notice or acceptance by you. The TOS
will also be applicable to the use of the Service on a trial basis.
By using the Service, you signify your irrevocable acceptance of
this TOS.
DESCRIPTION
OF SERVICE
Festivalmaker.com
provides each Account Holder with a Videoartonline Corp Intellectual
Property (a festival maker Site/platform). Each festivalmaker Site/platform
is hosted on Hosmysite.com servers and has a limited disc space based
on the type of account purchased. The Service also includes tools
that enable Account Holders and their Members to make up a Video blog
and upload a portfolio (posts, comments etc). The type and number
of tools you may use depend on the type of account you have and your
status as an Account Holder or a Guest. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new festival maker. tools and resources, shall be subject
to the TOS. In order to use the Service, you must obtain access to
the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device. You also understand and agree that the Service
may include advertisements and that these advertisements are necessary
for Videoartonline Corp. to provide the Service. You also understand
and agree that the service may include certain communications from
festivalmaker, such as service announcements, administrative messages
and the
Renewal
In
order to ensure uninterrupted service to your website, the service
contract will automatically renew unless canceled by the site owner.
Videoartonline Corp. requests that cancellation requests be made via
phone or email at least 2 weeks prior to the date of renewal. Videoartonline
Corp. will acknowledge the cancellation notice within 24 hours of
receipt. Your satisfaction is important to us and Videoartonline Corp
will honor all requests promptly. If you do not receive acknowledgment,
please contact us as soon as possible.
Refund
Videoartonline Corp. web services carry an unconditional 30 day
satisfaction guarantee. If you are dissatisfied for any reason within
the first 30 days of service, please contact us by phone or email
for a full and immediate monthly fee refund.
NOTE: THE $250 INSTALLATION FEE WILL NOT BE REFUNDED
Acceptable
Use Policy
Festivalmaker.com
reserves the right to refuse service to any site at our sole discretion.
Although we do not believe in censorship, Festivalmaker.com does not
allow the following types of sites:
- Websites
containing explicit pornographic material
- Racist
or hate-related websites
-
"Warez" sites, including but not limited to any copyrighted software
or music files
- Sites
which provide methods for circumventing copy protection ("cracks",
key codes, serial numbers, decoder chips, etc...) are also not
permitted.
- Any
content which is not legal in the United States
Unsolicited
Email (Spam) and Bulk Email
Festivalmaker.com and/or HostMySite.com will not host websites which
are advertised through unsolicited email, excessive newsgroup crossposting,
or off-topic newsgroup posts. What is considered spam is determined
at the sole discretion of Festivalmaker.com and/or HostMySite.com.
We will make every effort to work with our customers to insure that
legitimate websites are not shut down due to what may be wrongly interpreted
as unsolicited mail. Although we are first and foremost an advocate
of our customers, sites in flagrant violation of this policy will
be shutdown without a refund of any kind. In addition, to protect
the quality of service for all of our customers, any bulk emailing
that adversely affects the performance of our shared mail servers
will be either discontinued or moved, pending customer approval, to
one of our list server or dedicated server plans.
Bandwidth
and Overages
Each hosting plan is allocated a specific amount of network and system
resources which is clearly specified on the Festivalmaker.com website.
We realize that from time to time, customers may have unanticipated
circumstances which cause their websites to use more bandwidth, disk
space, or other resources than they have been allocated with their
plan. In extreme cases, such overages may result in additional charges
or the request to upgrade your service to a more suitable plan. Festivalmaker.com
will make every effort to contact you to prevent any unexpected charges
or service interruptions. If the resources required by your website
negatively impact other customers on Hostmysite.com shared hosting
environment, we may take steps, including possible temporary suspension
of service, to restore normal server operations. Under all circumstances,
suspension of service is an absolute last resort and we will make
every effort to work with our customers to insure continuous and trouble-free
service.
Copyright
and Intellectual Property Policy
Please view hostmysite.com
Copyright and Intellectual Property policy at the following URL:
www.hostmysite.com/copyright
Limitations
of Liability and Indemnification
Although there are limitations to the guarantees we can provide,
your satisfaction is very important to us. Please read and understand
videoartonline corp. DBA festivalmaker.com, limits of liability
before ordering services:
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT videoartonline corp. DBA festivalmaker.com,
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF videoartonline corp. DBA festivalmaker.com, HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Limited
Warranties
No Other Warranty
Festivalmaker.com and/or HostMySite.com. DOES NOT MONITOR OR EXERCISE
CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS
FACILITIES. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON
AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN
RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), LNH INC. DOES NOT MAKE,
AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LNH INC.
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
OR COMPLETELY SECURE.
Disclaimer
of Actions Caused by and/or Under the Control of Third Parties
Festivalmaker.com and/or HostMySite.com. DO NOT AND CANNOT CONTROL
THE FLOW OF INFORMATION TO OR FROM HostMySite.com NETWORK AND OTHER
PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE
OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES,
ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S
CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). Festivalmaker.com
and/or HostMySite.com CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.
ACCORDINGLY LNH INC. DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM
OR RELATED TO SUCH EVENTS.
Delays
and Interruptions
Festivalmaker.com and/or HostMySite.com. SHALL NOT BE LIABLE FOR ANY
LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE
FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND LNH INC.
SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF LNH INC.'S
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER Festivalmaker.com
and/or HostMySite.com. NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE
FOR UNAUTHORIZED ACCESS TO LNH INC.'S OR CUSTOMER'S TRANSMISSION FACILITIES
OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION,
THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY
OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT
OF LNH INC.'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.
Indemnification
Each party agrees to indemnify and hold the other harmless against
any losses, costs, expenses (including, but not limited to, reasonable
attorneys' fees), claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, "Losses") resulting
from any claim, suit, action, or proceeding brought by any third party
against the other or its affiliates related to or arising out of (i)
any infringement or misappropriation or alleged infringement or misappropriation
of any United States copyright, trade secret, patent, trademark, or
other proprietary right related to any hardware or software utilized
in connection with any of the Services (but excluding any infringement
contributorily caused by the other party), and (ii) any violation
of or failure to comply with the Rules or Regulations. Customer further
agrees to indemnify Festivalmaker.com and/or HostMySite.com. and its
affiliates against any Losses which arise out of, or relate to any
content provided by Customer or the customers/clients of Customer,
and Customer will reimburse Festivalmaker.com and/or HostMySite.com
and its affiliates for all legal expenses, including reasonable attorneys'
fees, incurred by Festivalmaker.com and/or HostMySite.com. and its
affiliates in connection with any such Losses..
Consequential
Damages
EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER
PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL,
PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY,
RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF
SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
Jurisdiction,
Venue and Choice of Law
The parties agree that all disputes shall be brought before U.S. District
Court for the District of Delaware located in Wilmington Delaware
(District Court). If the District Court may not consider the dispute,
all disputes shall be brought before the Delaware Superior Court,
or the Delaware Court of Common Pleas each located in Wilmington Delaware.
The parties agree that these courts shall have exclusive jurisdiction
over all disputes and other matters relating to the interpretation
and enforcement of this Agreement or any ancillary document executed
pursuant to it. Further, the parties agree that venue shall be proper
in the appropriate court set out above, and agree that they shall
not contest notice from that court. State law issues concerning construction,
interpretation and performance of this Agreement shall be governed
by the substantive law of the State of Delaware, excluding its choice
of law rules. The United Nations Convention on Contracts for International
Sale of Goods shall not apply.
Questions
Please contact us with any questions regarding the Festivalmaker.com
and/or HostMySite.com terms of service by email: info@festivalmaker.com
VideoEgg
The
Festival Maker platform has partnered with VideoEgg to enable your
members to use the VideoEgg publisher;
a small website plug-in that allows users to painlessly publish videos
that anyone can watch without worrying about player compatibilities,
encoding settings, or extra software.
VideoEgg
currently offers its services for free, however in case its terms
will change in the future and may you have any problems using their
services, please consult with Learn
More About VideoEgg.
Our
Hosting Partners:
HostMySite
has beeen a trusted name in web hosting since 1997. Our staff
memmbers continually strive to provide you a level of service
that is unmatched in the hosting industry.
Support
Staff:
HostMySite.com
employs a support staff of dedicated professionals. Each emplyee
receives extensive technical and customer service training to
ensure that you always receive friendly and accurate responses.
All representatives have extensive technical background and many
are MCP, MCSE, CCNA, and A+ certified.
Learn more.
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