Terms of Service

Last update: May 24, 2018

By using the Vidmy website (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Vidmy reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time by visiting this page.

Violation of any of the terms below will result in the termination of your Account. While Vidmy prohibits such conduct and Content on the Service, you understand and agree that Vidmy cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. In order to use Vidmy, you must be 18 years or above.
2. To create an account, you are required to provide Vidmy with your legal full name, valid email address and all the information requested in order to complete your registration.
3. You are responsible for securing your password. Vidmy will not be liable for any loss or damages resulting from your inability to maintain the security of your account or password.
4. You are responsible for all activity and content posted to your account, including the content posted by users under your account.
5. This Service must not be used for any illegal or unauthorized purpose and you must not violate any laws in your jurisdiction (including copyright laws as an example).

Billing Terms

1. The Service is paid in advance on a monthly or annual basis using a valid credit card or Paypal account.
2. We are using third party payment processors (2checkout.com, Stripe) and/or Paypal to charge all payments. Your billing information will be processed by these authorized parties and not by Vidmy.
3. If we are not able to process payment of Fees using the Authorized payment method, we will make a second attempt to process payment using the payment method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Vidmy reserves the right to terminate your Account.
4. All fees are exclusive of all applicable federal, provincial, state, local or other governmental taxes, and you shall be responsible for payment of all such taxes if required.
5. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6. To upgrade or downgrade your Service, you need to make a new purchase with the plan you choose, this will automatically cancel your old plan.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Vidmy does not accept any liability for such loss.

Cancelation and Termination

1. You can cancel your account at any time by sending an email to support@vidmy.com, your account is considered canceled when you receive an email confirmation of cancelation from Vidmy support team
2. Upon account cancelation, all your information including posted videos, users list and uploaded media will be deleted from our system and can't be recovered.
3. If you canceled the Service before the end of your current payment period, your account will be canceled immediately and you will not be charged the next payment.
4. Vidmy in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Vidmy reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Prices for using the Service are subject to change upon 30 days’ notice from Vidmy. Such notice may be provided at any time by posting the changes to the Vidmy Site (vidmy.com) or the administration area of your Vidmy account via an announcement.
2. Vidmy reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Vidmy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Your Website Subdomains

When you create your website, Vidmy gives you the flexibility to choose a free subdomain for your website (e.g." mysite" in the example: mysite.myvidmy.com) (" Website Subdomain"). This Website Subdomain is for testing purposes until you connect your own custom domain name to your website, you are encouraged to connect your own custom domain name (e.g. www.mysite.com) before publishing your website to the public. Vidmy has all the rights to change the part (".myvidmy.com") of the Website Subdomain at any time without a prior notice.

Intellectual Property and Customer Content

1. We claim no intellectual property rights over the material you upload to the Service. Your profile and materials uploaded remain yours. However, by publishing your website to the public, you agree to allow others to view and share your content.
2. Vidmy does not pre-screen Content, but Vidmy and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. Vidmy shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service.
4. The look and feel of the Service are copyright ©2012–2018 Vidmy All rights reserved. You may not reproduce, duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Vidmy.

You agree and undertake not to:

1. Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
2. Collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
3. Makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users' Content or information;
4. Act in a manner which might be perceived as damaging to Vidmy’s reputation and goodwill or which may bring Vidmy into disrepute or harm;
5. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Vidmy Service, by hacking, password mining, or other illegitimate or prohibited means;
6. Upload to the Vidmy Service or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
7. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Vidmy Service, or otherwise interfere with or disrupt the operation of any of the Vidmy Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
8. Use the Vidmy Service in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise, engage in unethical marketing or advertising;
9. Access or use the Vidmy Service for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that Vidmy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Vidmy customer, Vidmy employee, member, or officer will result in immediate Account termination.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. Vidmy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
7. Vidmy does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
8. Vidmy does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. You expressly understand and agree that Vidmy 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 Vidmy 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; (v) or any other matter relating to the Service.
10. The failure of Vidmy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Vidmy and govern your use of the Service, superseding any prior agreements between you and Vidmy (including, but not limited to, any prior versions of the Terms of Service).
11. In order to perform our Service, we process personal data described more in detail in Vidmy Privacy Policy. Regarding personal data processing in case of any conflict, the Privacy Policy shall take precedence over the regulation of Terms of Service.
12. Questions about the Terms of Service should be sent to support@vidmy.com.