Effective Date: January 20, 2021
3. Permission to Use the Service
You may use the Service only if: (1) you have reached the age of majority where you live; and (2) you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
The Service is a video making, uploading and editing service where users can upload their content to participate in a video montage as a gift to another person.
6. Ownership of the Service
The Service is the proprietary property of VIDDAY Media Inc., its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws.
The Marks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by VIDDAY. All other trademarks, designs, domain names, trade names and logos not owned by VIDDAY that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIDDAY.
8. Permitted Use of the Service
9. Retention of Personal Information
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, including a valid email address. If you provide any information that is untrue, inaccurate, not current or incomplete, VIDDAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify VIDDAY of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that VIDDAY cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure.
The Service is not available to temporarily or indefinitely suspended registered users. VIDDAY reserves the right, in VIDDAY’s sole discretion, to cancel unconfirmed or inactive accounts. VIDDAY reserves the right to refuse the Service to anyone, for any reason, at any time.
10. Purchase Terms and Conditions
(a) Order Acceptance
Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell. All prices and other amounts appearing on the Service are quoted in U.S. dollars.
When you click “Pay & Publish”, this constitutes your offer to purchase the products or services referenced on the checkout order page. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation/receipt email to your email address. That order acceptance confirmation email constitutes our acceptance of your order and forms a legally binding contract between you and VIDDAY.
Please note, Stripe may apply an authentication payment to your credit card or debit card. The authentication payment will authorize the amount of your on your card prior to settling and charging the card. If you cancel your order in accordance with Section 11(b) herein, the authentication payment shall be removed in accordance with the terms and conditions of Stripe. Please note, the authentication payment shall be removed once the amount has been settled, but this may be delayed in accordance with the terms and conditions of Stripe and it may initially appear that your card has been charged twice for an order.
VIDDAY prides itself in its quality of Services and any unsatisfied users may contact the VIDDAY support team directly at email@example.com to provide feedback and to request a refund. You acknowledge that, depending on the form of payment you use, return payment charges from a financial institution or third party payment processor may apply which you will be responsible to pay. VIDDAY does not charge additional fees for return payments other than for the actual cost incurred at the applicable financial institution or third party payment processor to process the return payment, if any.
VIDDAY reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.
(e) Misprints and Errors
VIDDAY endeavors to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. VIDDAY cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. VIDDAY does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete.
(f) Your Information
We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.
The Service uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, VIDDAY cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT VIDDAY WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION.
11. VIDDAYS with contributed funds.
Where you have contributed funds to a VIDDAY, we will need your email address to send you a receipt. Contributions enable the recipient to claim a voucher or pre-paid debit card (Gift Card) supplied by our third-party Gift Card supplier, Tremendous. Recipients have 90 days from the receipt of a VIDDAY to claim their Gift Card from Tremendous. If a Gift Card is not claimed within 90 days, we reserve the right to donate the funds contributed to a VIDDAY to a charity of our choice, and no refund or compensation will be given.
We have the right to decline a request to issue a Gift Card if we suspect fraudulent activity and to refund all associated payments. In this situation, both the creator and recipient of the VIDDAY will be contacted.
(a) Refund Policy
All contributions for gift cards are final sale.
(b) Gift Card issued in a different currency
When you claim your Gift Card from VIDDAY, you may be given a choice to select a currency different from the original collection. If so, you will be provided an estimation of the Gift Card amount in that currency using our latest exchange rate. Exchange rates are updated daily. Your final Gift Card amount might be different from the one shown to you. The exchange rate could have changed before your gift card was issued.
Once a recipient has started the redemption process for a Gift Card with Tremendous, the terms and conditions of Tremendous (and their suppliers) will apply, and we have no further responsibility or obligations to you. You can find theTremendous Terms and Conditions.
The recipient's responsibility is to ensure they have requested the correct Gift Card and that it fulfills their needs, as mistakes cannot be rectified later. Please note that not all Gift Cards advertised by Tremendous may be available. Availability can be limited depending on the total contribution collected and your geographical location.
12. Discounts and Promotions
13. User Content
The Service allows users and/or registered users to Distribute User Content to or via the Service.
YOU AGREE TO INDEMNIFY VIDDAY FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST VIDDAY ARISING OUT OF YOUR USER CONTENT, INCLUDING ANY CLAIM IN RESPECT OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR A CLAIM ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES. VIDDAY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT DISTRIBUTED BY YOU OR ANY THIRD PARTY.
14. User Content License
The Service allows users and/or registered users to Distribute User Content to or via the Service.
When you Distribute your original copyrightable User Content via the Service, you retain ownership of any copyright you claim to your submitted User Content. However, by making your User Content available publicly, you automatically hereby grant to VIDDAY, or warrant that the owner of the User Content has expressly granted to VIDDAY, a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, transferable, worldwide, sublicensable (through multiple tiers) right and license to use, reproduce, copy, publish, edit, Distribute, transmit, host, market, create derivative works of, modify, bundle, adapt, communicate, display and perform the User Content and any intellectual property rights therein (including but not limited to any copyright, trademark, publicity and database rights), in any form, technology or media now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of VIDDAY. Further, VIDDAY shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purposes whatsoever, including but not limited to, research, development, manufacturing and marketing of products and services and other items incorporating such ideas, concepts, know-how and techniques. You agree that VIDDAY can grant sublicenses with respect to the User Content. You represent and warrant that you have the right to grant the license set out in this Section.
You acknowledge that VIDDAY has the perpetual and irrevocable right to delete any or all of your User Content and data, including your intellectual property rights therein, from VIDDAY’s servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party. YOU UNDERSTAND AND AGREE THAT VIDDAY HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE, IN WHOLE OR IN PART, ANY USER CONTENT OR OTHER CONTENT RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION, DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON VIDDAY’S SERVERS, AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
15. Rules of Conduct
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you contribute. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD VIDDAY HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU CONTRIBUTE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
As a condition of using the Service, you agree to all of the following:
16. Links to Other Sites & Resources
While the Service may contain links to external sites or resources, VIDDAY is not responsible for the content of any of the linked external sites or resources. VIDDAY provides these links as a convenience. VIDDAY DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that VIDDAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such external sites or resources.
The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of VIDDAY. VIDDAY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN AUTHORIZED VIDDAY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
17. Disclaimers and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY VIDDAY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE BY VIDDAY SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, VIDDAY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE USER CONTENT, THE SITES AND RESOURCES LINKED TO THE SERVICE, ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
VIDDAY MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE USER CONTENT, THE SERVICE AND/OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, THE USER CONTENT, THE SERVICE AND/OR THE SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND VIDDAY ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.
VIDDAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN THE SERVICE AND USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF THE SERVICE OR USER CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICE. IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIDDAY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
VIDDAY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD-PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE VIDDAY TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
VIDDAY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO VIDDAY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VIDDAY SHALL CREATE ANY WARRANTY.
20. Governing Law and Forum
You and VIDDAY expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.
You consent to the exchange of information and documents between us electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between us.
Any such termination by VIDDAY shall be in addition to and without prejudice to such rights and remedies as may be available to VIDDAY, including injunction and other equitable remedies.
(a) Entire Agreement
(c) Assignment and Enurement
(d) No Waiver
All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
(g) Unsolicited Commercial Electronic Messages
The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.
(i) Read and Understood
23. Contact Us
If you have any questions, concerns or comments, please contact us atVIDDAY MEDIA INC.Mailing Address:
© Copyright (2021) VIDDAY MEDIA INC. All rights reserved.