All CueVu services shall here within provided be referred to as (the "Services") and all services available through our website, at http://www.CueVu.comshall be referred to as (the "Site"). When referred to here within, the “Services” the proprietary CueVu video players and our software applications that include, Setup, View, Cue, Tag, Mashup, and Video Bulletin Board Functions. “Services” can also refer to other products and services offered at the CueVu “Site”
BY CLICKING “I AGREE” YOU ACKNOWLEDGE AGREEMENT AND TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT.
- Eligibility and Registration.
Your must be at least 18 years of age to create a CueVu account. If you are not a CueVu User you may still browse all areas of the Site that are not limited to CueVu Users only.
When you register, you will be asked to provide an email address and to create a password. Your email address will be your username. IT IS YOUR RESPONSIBILITY TO PROTECT YOUR PASSWORD. YOU AGREE NOT TO DISCLOSE SUCH PASSWORD TO ANY THRID PARTY. YOU AGREE YOU ARE RESPONSIBLE FOR ANY ACTIVITIES TAKEN UNDER YOUR PASSWORD. You agree that your registration information is true. Without limiting any other terms of this Terms of Service, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
CueVu reserves the right, at its sole discretion, to modify, discontinue or terminate the “Site” and “Services”, or to modify these Terms of Service, at any time and without advance notice. By continuing to access or use the Site and Services after CueVu makes any such revision, you agree to be bound by the revised Terms of Service.
- Termination and CueVu Account Cancellation.
- CueVu reserves the right, at its sole discretion, to modify, discontinue or terminate the “Site” and “Services”, or to modify these Terms of Service, at any time and without advance notice. By continuing to access or use the Site and Services after CueVu makes any such revision, you agree to be bound by the revised Terms of Service.
- You may terminate your CueVu account at any time and for any reason.
- If we suspend your account, after the suspension, you understand and acknowledge that we will have no further obligation to provide the Services. AFTER WE TERMINATE YOUR SERVICE WE WILL NO LONGER STORE ANY INFORMATION YOU HAVE ARCHIVED nor will we have any obligation to maintain any information stored in or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to CueVu under these Terms Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
- Copyrighted Materials: No Unauthorized Use.
THERE ARE NO CIRCUMSTANCES WHATSOEVER WEHERE CUEVU WILL PERMIT YOU USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY WORK, MATERIAL, VIDEOS THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
- User Submissions.
"User Submissions" as used in these Terms of Service collectively refer to the video and other content and information which CueVu “Users” post, upload and otherwise submit to the Site. CueVu reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice.
In the event of law enforcement requests out assistance, we will fully cooperate with any matter or court order requesting us to disclose the identity of any users that are believed to violate these Terms of Service.
Disclaimer. It is agreed that CueVu has no ability to control the User Submissions and content that is uploaded, posted or otherwise transmitted using the Site or Services. Furthermore, CueVu makes no claim to monitor User Submissions for any purpose and, as a result, is not responsible for the veracity, thoroughness, or any terms, including legal, of the User Submissions. CueVu makes no warranty regarding anything said, alluded to, or written by any CueVu Users. CueVu does not ratify, endorse or pledge vote to anything commented on by a user to any User Content Posting, or Submission. CueVu has no opinion whatsoever on any content posted by a CueVu user. CueVu users agree to waive any legal remedies against CueVu with respect thereto. CueVu will have no responsibility or liability to you or any third party as a result of your live streaming activities.
- Access to Certain Content: Fees and Billing.
- Fees. CueVu is a paid service. CueVu users gain access to their content (the “Content”) by paying a fee. Fees will be provided to CueVu Users via a contract which will state the pricing for A) (“Full Access User Session Fee”), B) (“Additional Client Viewing Fee”), and C) (“Additional Services Via Subscription”). All fees are non-refundable and non-transferable except as expressly provided in these Terms of Service. Sales tax may be included in the transactions you complete through the Site. It is your responsible to pay all taxes. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
- Payment. You agree to pay CueVu for all charges at the contract prices, in effect, for any access to or use of the Content by you or other persons (including your agents) using your CueVu account, and you hereby authorize CueVu to collect fees by charging the credit card you provide to us as part of your CueVu account information. In the event “user” does not pay its invoice “user” agrees to pay CueVu’s costs to recover from “user” CueVu’s costs, including reasonable legal fees, in the collection of amounts due. User agrees to submit to personal jurisdiction in Massachusetts for the enforcement of this agreement or any claims related hereto, and CueVu user hereby waives any and all rights to such jurisdiction.
- Disclaimer of Warranties.
Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. CueVu disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from CueVu, will create any warranty not expressly stated in these Terms of Service.
- Limitation of Liability.
In no event shall CueVu, its officers, directors, employees or agents be liable amounts representing loss of profits, loss of business or indirect, consequential or punitive damages in connection with use of the site. If despite CueVu’s reasonable efforts failure occurs, the sole recourse of the “user” shall be limited to full credit for the billed cost of such service.
- No Competitive Purposes.
Use of CueVu, or any of its documentation, for competitive purposes, is strictly prohibited.
ou agree to defend, indemnify, and hold CueVu, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
- Severability and Waiver. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of CueVu to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
- Force Majeure. CueVu will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to CueVu infrastructure or connectivity to the Internet, or failure at CueVu co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, CueVu will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
- Governing Law. These Terms of Service and the relationship between you and CueVu will be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and CueVu agree to submit to the personal and exclusive jurisdiction of the courts located in Norfolk County, Massachusetts.
- Questions. If you have questions about these Terms of Service or would like to request a copy of these Terms of Service or any other records relating to these Terms of Service of your use of the Site and Services, please contact CueVu at support@CueVu.com or by sending a written request to CueVu at 195 Rosemary Street Suite 4, Needham, Ma 02494.