Website
Terms and Conditions
Welcome to Yellow
Video Solutions Ltd and our website. When you use this website you are agreeing
to comply with and be bound by the following terms and conditions of use, which
together with our Order & delivery, service agreement and privacy policy
govern Yellow Video Solutions Ltd and related website (www.yellowvideo.com )
relationship with you in relation to this website.
The term Yellow Video Solutions Ltd or 'us' or 'we' refers to the
owner of the website whose registered office is Bridge House, 82
Ellerman Avenue, Twickenham, TW2 6AL. Our company registration
number is 05893618 Companies House, UK. The term
'User' refers to you or viewer of our website.
The use of
this website is subject to the following terms of use:
The content of
the pages of this website is for your general information and use only. It is
subject to change without notice. Neither we nor any third parties provide any
warranty or guarantee as to the accuracy, timeliness, performance, completeness
or suitability of the information and materials found or offered on this
website for any particular purpose. You acknowledge that such information and
materials may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.
License and website access
You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or forms) of yellowvideo.com
and our associates without express written consent. You may not use any meta
tags or any other "hidden text": utilising yellowvideo.com name or
trademarks without the express written consent of yellowvideo.com
Your use of
any information or materials on this website is entirely at your own risk, for
which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this website meet
your specific requirements. This website contains material which is owned by or
licensed to us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited other than in
accordance with the copyright notice, which forms part of these terms and
conditions.
All trademarks
reproduced in this website which are not the property of, or licensed to, the
operator are acknowledged on the website. Unauthorised use of this website may
give rise to a claim for damages and/or be a criminal offence. From time to
time this website may also include links to other websites. These links are
provided for your convenience to provide further information. They do not
signify that we endorse the website(s). We have no responsibility for the content
of the linked website(s).
You, the User
may not create a link to this website from another website or document without Yellow
Video Solutions Ltd’s prior written consent. Your use of this website and any
dispute arising out of such use of the website is subject to the laws of
England, Scotland and Wales.
Electronic communications
When you visit
yellowvideo.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this website.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing. If you do not want to receive e-mail(s) from us
in the future, please let us know by sending an email to us at info@yellowvideo.com
telling us that you do not want to receive e-mail from our company
Reviews, comments, emails, and other content
Visitors may
post reviews, comments, and other content: and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam": You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. Yellowvideo.com reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content. If you do post
content or submit material, and unless we indicate otherwise, you grant yellowvideo.com
and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such content
throughout the world in any media. You grantyellowvideo.com and its associates
and sub-licensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post: that the
content is accurate: that use of the content you supply does not violate this
policy and will not cause injury to any person or entity: and that you will
indemnify yellowvideo.com or its associates for all claims resulting from
content you supply. Yellowvideo.com has the right but not the obligation to
monitor and edit or remove any activity or content. Yellowvideo.com takes no
responsibility and assumes no liability for any content posted by you or any
third party.
Pricing
We cannot
confirm the price of an item until you order. Despite our best efforts, a small
number of the items in our website may be mispriced. If an item's correct price
is higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such
cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website
is provided by Yellow Video Solutions Ltd on an "as is" and "as
available" basis. Yellow Video Solutions Ltd and yellowvideo.com makes no
representations or warranties of any kind, express or implied, as to the
operation of this website or the information, content, materials, or products
included on this website. You expressly agree that your use of this website is
at your sole risk. To the full extent permissible by applicable law, Yellow
Video Solutions Ltd disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose, or non-infringement of intellectual property. Yellow Video
Solutions Ltd does not warrant that this website, its servers, or e-mail sent
from www.yellowvideo.com are free of viruses or other harmful components.
Yellow Video Solutions Ltd may make changes to the materials at this website.
Yellow Video Solutions Ltd will not be liable for any damages of any kind
arising from the use of this website, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages. Certain United
States or United Kingdom laws do not allow limitations on implied warranties or
the exclusion or limitation of certain damages. If these laws apply to you,
some or all of the above disclaimers, exclusions, or limitations may not apply
to you, and you might have additional rights.
This
disclaimer does not affect your statutory rights as a consumer.
Applicable law
By visiting yellowvideo.com
you agree that the laws of the UK, without regard to principles of conflict of
laws, will govern these Terms and Conditions and any dispute of any sort that
might arise between you and yellowvideo.com or its associates.
Disputes
Any dispute
relating in any way to your visit to yellowvideo.com or to products you
purchase through yellowvideo.com shall be resolved by arbitration conducted by
and under the rules of the Trading Standards Authority, UK, except that, to the
extent you have in any manner violated or threatened to violate yellowvideo.com
intellectual property rights yellowvideo.com may seek injunctive or other
appropriate relief in any court in UK, and you consent to exclusive
jurisdiction and venue in such courts. The arbitrator’s award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Website
Terms of Use
Yellow
Video Solutions Ltd - Website Terms Of Use
1. Introduction
2. Authority
3. Changes To The Terms
Or Site
4. Registration, Password
And Security
5. Privacy Policy
6. Copyright And
Authorization
7. Copyright Complaints
8. Trademarks And Service
Marks
9. Third-Party Products
And Services
10. Product And Service
Information
11. Online Orders
12. User Submitted Content
13. Submissions To Yellow
Video Solutions Ltd
14. Acceptable Use
15. Site Security
16. Geographical
Restrictions
17. General Practice
Regarding Use And Storage
18. Disclaimer Of
Warranties
19. Enforcement
20. Limitation Of
Liability
21. Indemnification
22. Termination/Suspension
23. Miscellaneous
1.
INTRODUCTION
Welcome to the
Internet sites operated by subsidiaries and affiliates of Yellow Video
Solutions Ltd. ("Yellow Video Solutions Ltd", "we",
"our" and "us"). These Internet sites offer a wide variety
of resources, products and services, which include shopping services, branded
and personalised content and entertainment services, communication tools,
online directories, administrative services, download areas, advertising, and
information, some or all of which may be accessed through a variety of means
(all of which are collectively called our "Site" or
"Sites"). The term "you" or "your" includes any
of your subsidiaries, affiliates, employees and parent or legal guardian.
PLEASE READ
THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing to
comply with these Terms of Use, including any documents, policies and
guidelines incorporated by reference (referred to collectively as the
"Terms"). Certain services available through our Site, especially
services for which you are asked to subscribe or pay money, may have their own
terms and conditions that apply to your purchase or use of that particular
service. The Terms do not alter in any way the terms or conditions of any of
these other written or online terms and conditions or agreements you may have
or will have with Yellow Video Solutions Ltd, including any other website terms
of use with an Yellow Video Solutions Ltd affiliate. To the extent that there
is any conflict between these Terms and any terms and conditions or agreements relating
to services you have purchased or online tools you use or to which you
subscribe, those other terms and conditions or agreements will govern.
2. AUTHORITY
By using our
Site, you represent that you are at least 13 years old. Persons who are at least
13 years of age but under the age of 18 may only use our Sites with legal
parental or guardian consent. Accordingly, you agree that you are at least 18
years of age or older or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, representations
and warranties set forth in the Terms; otherwise, please exit the Site. Yellow
Video Solutions Ltd suggests that you take advantage of any access controls
offered through the Site or third-party sites, which are designed to assist you
in limiting or blocking access to certain types of web content you may feel are
harmful to or inappropriate for minors.
3. CHANGES TO THE TERMS OR SITE
Yellow Video
Solutions Ltd may change or modify the Terms from time-to-time without notice
other than posting the amended Terms on the Site. The amended Terms will
automatically be effective when posted on our Site. Your continued use of our
Site after any changes in these Terms shall constitute your consent to such changes.
Yellow Video Solutions Ltd reserves the right to change, modify or discontinue,
temporarily or permanently, the Site (or any portion thereof), including any
and all content contained on the Site, at any time without notice. You agree
that Yellow Video Solutions Ltd shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site (or any
portion thereof).
4.
REGISTRATION, PASSWORD AND SECURITY
Whenever you
provide us information on our Site, you agree to: (a) provide true, accurate,
current and complete information and (b) maintain and promptly update such
information to keep it true, accurate, current and complete. If you provide any
information that is, or we have reasonable grounds to suspect that the
information is, untrue, inaccurate, not current or incomplete, Yellow Video
Solutions Ltd may without notice suspend or terminate your access to our Site
and refuse any and all current or future use of our Site (or any portion
thereof).
If any portion
of our Site requires you to register or open an account you may also be asked
to choose a password and a user name. Please select a password that would not
be obvious to someone trying to guess your password, and change it regularly as
an added precaution. You are responsible for maintaining the confidentiality of
the password and account, and you are fully responsible for all activities that
occur under your password or account identification. You agree to immediately
notify Yellow Video Solutions Ltd of any unauthorised use of your password or
account or any other breach of security. Without limiting any rights which Yellow
Video Solutions Ltd may otherwise have, Yellow Video Solutions Ltd reserves the
right to take any and all action, as it deems necessary or reasonable, to
ensure the security of the Sites and your account, including without limitation
terminating your account, changing your password, or requesting additional
information to authorize transactions on your account.
Notwithstanding
the above, Yellow Video Solutions Ltd may rely on the authority of anyone
accessing your account or using your password and in no event and under no
circumstances shall Yellow Video Solutions Ltd be held liable to you for any
liabilities or damages resulting from or arising out of (i) any action or
inaction of Yellow Video Solutions Ltd under this provision, (ii) any
compromise of the confidentiality of your account or password and (iii) any
unauthorised access to your account or use of your password. You may not use
anyone else's account at any time, without the permission of the account
holder.
The security
of your personally identifying information is important to us. While there is
no such thing as "perfect security" on the Internet, we will take
reasonable steps to help ensure the safety of your personally identifying
information. However, you understand and agree that such steps do not guarantee
that use of the Site is invulnerable to all security breaches, and that Yellow
Video Solutions Ltd makes no warranty, guarantee, or representation that use of
any of our Site is protected from viruses, security threats or other
vulnerabilities.
5. PRIVACY
POLICY
Please view
our Privacy Policy, which explains Yellow Video Solutions Ltd practices
relating to the collection and use of your information through or in connection
with our Site. Yellow Video Solutions Ltd use of your information is governed
at all times by our Privacy Policy, which is incorporated into these Terms. You
understand that through your use of the Site you consent to the collection and
use of this information (as set forth in the Privacy Policy).
6.
COPYRIGHT AND AUTHORIZATION
The Sites
provide you access to a wide variety of information, shopping, communications,
advertising and other services, products, data and materials
("Content"). Some of the Content is owned by Yellow Video Solutions
Ltd. Other portions are owned by non- Yellow Video Solutions Ltd companies or
third parties such as suppliers, resellers vendors, and licensors (including
Content that is generated by users as further described in Section 11).
Some portions
of the site may require you to download software ("Software") in
order that you may access the Site, the services provided through the Site
and/or the Content. The Software may be the property of Yellow Video Solutions
Ltd or a supplier, vendor, or licensor to Yellow Video Solutions Ltd. The
Content and Software are protected by a variety of laws governing the use of copyrights,
trademarks, patents, or trade secrets. Subject to the rules and limitations set
forth in the Terms, you are granted a limited, non-sub licensable right to
access the Sites, the Content and the Software for your personal non-commercial
use only, except as otherwise permitted. Without limiting the generality of the
foregoing, no Software or underlying information or technology may be
downloaded or otherwise exported or re-exported to a banned UK country.
7.
COPYRIGHT COMPLAINTS
Yellow Video
Solutions Ltd respects the intellectual property rights of others. If you
believe that your work has been copied and has been posted, stored or
transmitted to the Sites in a way that constitutes copyright infringement,
please submit a notification pursuant to the Digital Millennium Copyright Act
by providing Yellow Video Solutions Ltd the following written information:
· An electronic or
physical signature of the person authorised to act on behalf of the owner of
the copyright interest;
· A description of the
copyrighted work that you claim has been infringed upon;
· A specific description
of where the material that you claim is infringing is located on the Sites;
· Your address,
telephone number, and e-mail address;
· A statement by you
that you have a good-faith belief that the disputed use is not authorised by
the copyright owner, its agent, or the law;
· A statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorised to act on the
copyright owner's behalf.
8.
TRADEMARKS AND SERVICE MARKS
Trademarks
(including but not limited to Yellow Video Solutions Ltd & Y-cam Solutions
Ltd and the Logo’s) that are used or displayed on the Sites are owned by Yellow
Video Solutions Ltd Intellectual Property or by third parties other than Yellow
Video Solutions Ltd that offer and provide products and services on or through
the Sites. The trademarks of Yellow Video Solutions Ltd Intellectual Property
may not be copied or used, in whole, partial or modified form, without the
prior written permission of Yellow Video Solutions Ltd Intellectual Property
or, if applicable, its licensor. In addition, Yellow Video Solutions Ltd custom
graphics, logos, button icons, scripts, and page headers are covered by
trademark, trade dress, copyright or other proprietary right law, and may not
be copied, imitated, or used, in whole, partial or modified form, without the
prior written permission of Yellow Video Solutions Ltd Intellectual Property.
Other trademarks, service marks, registered trademarks, product and service
names, and company names or logos that appear on the Sites are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Yellow Video Solutions Ltd. You may not use any metatags or any
other "hidden text" utilizing an Yellow Video Solutions Ltd name,
trademark, or product name without Yellow Video Solutions Ltd express written
consent.
9.
THIRD-PARTY PRODUCTS AND SERVICES
Parties other
than Yellow Video Solutions Ltd may offer and provide products and services on
or through the Sites. Except for Yellow Video Solutions Ltd branded
information, products or services that are identified as being supplied by Yellow
Video Solutions Ltd, Yellow Video Solutions Ltd does not operate, control, or
endorse any information, products, or services on the Sites or accessible
through the Sites in any way. Yellow Video Solutions Ltd is not responsible for
examining or evaluating, and Yellow Video Solutions Ltd does not warrant the
offerings of, any of these businesses or individuals or the content of their
websites. Yellow Video Solutions Ltd does not assume any responsibility or
liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and other
conditions of use.
The Sites may
contain links to other websites not operated by Yellow Video Solutions Ltd. The
links are provided for your convenience. The inclusion of any links to other
websites does not imply affiliation, endorsement or adoption by Yellow Video
Solutions Ltd of those websites or the contents therein. We are not responsible
for the contents, links or privacy of any linked website. Access to any other
websites linked to the Sites is at your own risk. When leaving the Site, you
should carefully review the applicable terms and policies, including privacy
and data gathering practices, of that third-party website.
10. PRODUCT
AND SERVICE INFORMATION
Yellow Video
Solutions Ltd does not warrant that information, graphic depictions, product
and service descriptions or other content of the Sites is accurate, complete,
reliable, updated, current, or error-free. Despite our efforts, it is possible
that a price for a product or service offered on the Site may be inaccurate or
the product or service description may contain an inaccuracy. In the event Yellow
Video Solutions Ltd determines that a product or service contains an inaccurate
price or description, Yellow Video Solutions Ltd reserves the right to take any
action it deems reasonable and necessary, in its sole discretion, to rectify
the error, including without limitation canceling your order, unless prohibited
by law. Yellow Video Solutions Ltd may make improvements or changes to any of
its content, information products, services, or programs described on the Sites
at any time without notice. You agree to notify Yellow Video Solutions Ltd
immediately if you become aware of any pricing or descriptive errors or
inconsistencies with any products or services you order through the Sites and
comply with any corrective action taken by Yellow Video Solutions Ltd.
11. ONLINE
ORDERS
In order to
protect Yellow Video Solutions Ltd and its customers from fraudulent activity,
we may implement reasonable procedures regarding any online orders including
but not limited to validating information provided or limiting the amount of
equipment and/or services that may be ordered online by a single individual or
entity. Yellow Video Solutions Ltd reserves the right to further limit
quantities or to cancel or reject orders in its sole discretion.
12. USER
SUBMITTED CONTENT
Our Site may
have "publicly accessible areas" such as message boards, forums,
member profiles, or other features that allow users to post Content that will
be accessible by the public or the user population generally. With respect to
any message, data, image, text, photos, graphics, audio, video or other
material you elect to post to such publicly accessible areas of our Site, while
you retain any and all of your lawfully owned rights in such Content, you grant
Yellow Video Solutions Ltd a royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content which you provide (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed and to exercise the same rights with respect to such
works. You also permit any user of our Site to access, display, view, store,
distribute, perform, reproduce and prepare derivative works of, such Content
that you have placed in publicly accessible areas of our Site. No compensation
will be paid to you or to any other person or entity with respect to the
posting or use of your Content. Yellow Video Solutions Ltd is under no
obligation to post or use any Content you may provide and Yellow Video
Solutions Ltd may remove your Content at any time in its sole discretion. You
agree that Yellow Video Solutions Ltd is not under any obligation of
confidentiality, express or implied, with respect to your Content. You
represent and warrant that you own or otherwise control all necessary rights to
the Content that you post, that such Content is accurate, that use of the
Content you supply does not violate these Terms, specifically including without
limitation the requirements of Section 14 (Acceptable Use), and will not cause
injury to any person or entity, and that you will indemnify Yellow Video
Solutions Ltd for all claims resulting from the Content you supply.
Yellow Video
Solutions Ltd does not generally pre-screen or control Content posted by users
of our Site, and, therefore, does not guarantee the accuracy, integrity or
quality of such Content. Yellow Video Solutions Ltd shall have the right (but
not the obligation) in its sole discretion to monitor, refuse or remove any
Content that is available via our Site for any or no reason, including that any
Content violates these Terms or is otherwise objectionable. We take no
responsibility and assume no liability for any Content uploaded, transmitted,
or downloaded by you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you
may encounter. As the provider of the Sites, we are only a forum and are not
liable for any statements, representations, or Content provided by Site users.
Any opinions, advice or recommendations expressed therein are those of the
users providing such Content and not those of Yellow Video Solutions Ltd. We do
not endorse any Content or any opinion, recommendation or advice expressed
therein. It is not our intent to discourage you from taking controversial
positions or expressing vigorously what may be unpopular views; however, we
reserve the right to take such action as we deem appropriate in cases where the
Site is used to disseminate statements that are harmful or inflammatory.
13. SUBMISSIONS
TO YELLOW
VIDEO SOLUTIONS LTD
You agree not
to propose, post or submit to Yellow Video Solutions Ltd ideas, concepts, copy,
proposals, inventions, methods or techniques for new or proposed services or
products (collectively referred to as "Submitted Material ") through
the Site. In the event you do so, you hereby grant to Yellow Video Solutions
Ltd a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use all such Submitted Material in any manner
whatsoever without compensation or attribution to you. You also grant to Yellow
Video Solutions Ltd the right, at its sole discretion, to use your name in
connection with the Submitted Materials and other information as well as in
connection with all advertising, marketing and promotional material related to
such material and information. Use of such Submitted Material shall not require
permission from or payment to you or to any other person or entity. You agree
that Yellow Video Solutions Ltd is not under any obligation of confidentiality,
express or implied, with respect to the Submitted Material. You agree that you
shall have no recourse against Yellow Video Solutions Ltd for any alleged or
actual infringement or misappropriation of any proprietary right in Submitted
Material and that the submission of any Submitted Material to Yellow Video
Solutions Ltd, including the posting of materials to any forum or interactive
area on the Sites, irrevocably waives any and all "moral rights" in
such materials. You represent and warrant that you own or otherwise control all
of the rights to the Submitted Material that you post, that the Submitted
Material is accurate and, that use of the Submitted Material you supply does
not violate these Terms and will not cause injury to any person or entity.
14.
ACCEPTABLE USE
You agree to
use our Site and the Content (whether provided by us or others), as well as any
Software provided in connection with the Site, in a manner consistent with all
applicable laws and regulations. Additionally, you will not take any of the
following actions with respect to our Site, related Software, or Content, nor
will you use our Site or related Software to upload, post, email, distribute,
transmit, link, solicit or otherwise make available any Content or use our Site
in any manner that:
· is unlawful, harmful
to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar,
gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive
of another's privacy, or racially, ethnically or otherwise offensive, hateful
or abusive;
· infringes someone
else's patent, trademark, trade secret, copyright or other intellectual
property or other rights;
· removes any
proprietary notices or labels on the Content;
· advocates or solicits
violence, criminal conduct or the violation of any local, state, national or
international law or the rights of any third party;
· advocates or solicits
violence, criminal conduct or the violation of any local, state, national or
international law or the rights of any third party;
· is deceptive in any
way, such as an offer to sell fraudulent goods or contains an impersonation of
any person or entity or misrepresents an affiliation with a person or entity;
· specifically
advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other
contraband;
· constitutes
unsolicited or unauthorised advertising, junk or bulk e-mail (SPAM), chain
letters, or any other unsolicited commercial or non-commercial communication;
· interferes with others
using the Sites;
· is off-topic according
to the description of the group, forum or webpage;
· contains software
viruses, worms, time bombs, corrupted files, Trojan horses or any other
computer code, files, or programs that are designed or intended to disrupt,
damage, overburden, impair or limit the functioning of any software, hardware,
network, server or communications systems or equipment;
· contains a charity
request, petitions for signatures, chain letters or letters relating to a
pyramid scheme;
· disrupts, interferes
or inhibits any other user from enjoying the Sites or other affiliated or
linked websites, material, contents, products and/or services.
· uses any robot,
spider, or other such programmatic or automatic device, inducing but not
limited to automated dial-in or inquiry devices, to obtain information from the
Site or otherwise monitor or copy any portion of the Site, products and/or
services;
· creates a false
identity for the purpose of misleading others;
· prepares, compiles,
uses, downloads or otherwise copies any user information and/or usage
information for any portion thereof, or transmit, provide or otherwise
distribute (whether or not for a fee) such information to any third party;
· uses any Yellow Video
Solutions Ltd domain name as a pseudonymous return email address;
· contains any offer for
unsolicited goods or services or any advertising or promotional materials,
except in those areas specifically designated for such purpose (e.g.,
classified bulletin board);
· provides material
support or resources (or conceals or disguises the nature, location, source, or
ownership of material support or resources) to any organisation(s) designated
by the United Kingdom government as a foreign terrorist organization.
· attempts to disable,
bypass, modify, defeat or otherwise circumvent any of the digital rights
management or other security related tools incorporated into the software or
any Content or the Sites;
· reproduces,
duplicates, copies, sells, trades, resells or exploits for any commercial
purposes, any portion of the Sites or Content, use of the Sites, or access to
the Sites;
· publishes, publicly
performs or displays, or distributes to any third party any Content, including
reproduction on any computer network or broadcast or publications media;
· systematically
collects and uses any Content including the use of any data mining, or similar
data gathering and extraction methods;
· makes derivative uses
of the Sites or the Content;
· uses, frames, or
utilizes framing techniques to enclose any portion of the Sites (including the
images found at the Sites or any text or the layout/design of any page or form
contained on a page); and/or
· modifies, translates,
decompiles, disassembles, uses reverse engineering or otherwise attempts to
derive the source code for the computer systems and other technology that
operate our Site. For purposes of these Terms, "reverse engineering"
shall include the examination or analysis of the Site to determine the source
code, structure, organisation, internal design, algorithms or encryption
devices of our Site's underlying technology.
Unless you are
participating in an area of the Site that requires or encourages anonymity, we
encourage you to use your real name.
15. SITE
SECURITY
Violating the
security of our Site is prohibited and may result in criminal and civil liability.
Yellow Video Solutions Ltd may investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal violation
is suspected. Examples of security violations include, without limitation,
unauthorised access to or use of data or systems including any attempt to
probe, scan, or test the vulnerability of the Site or to breach security or
authentication measures, unauthorised monitoring of data or traffic,
interference with service to any user, host, or network including, without
limitation, mail bombing, news bombing, other flooding techniques, deliberate
attempts to overload a system, forging any TCP-IP packet header, e-mail header,
or any part of a message header, except for the authorised use of aliases or
anonymous re-mailers, and using manual or electronic means to avoid any use
limitations.
16.
GEOGRAPHICAL RESTRICTIONS
Unless
expressly and specifically stated otherwise on the Site, Yellow Video Solutions
Ltd provides this Site for use only by persons located within the United
Kingdom. Yellow Video Solutions Ltd makes no representation that all products,
services and/or material described on the Site are appropriate or available for
use in locations outside the United Kingdom or all territories within the
United Kingdom. Those who choose to access our Site from other locations do so
on their own initiative and are responsible for compliance with local laws.
Certain companies affiliated with Yellow Video Solutions Ltd provide services
and operate websites in various other countries throughout the world, some of
which websites may be linked to from our Site. Any such International websites
will be governed by their own terms of use and privacy policies and not by
these Terms.
17. GENERAL
PRACTICE REGARDING USE AND STORAGE
You
acknowledge that Yellow Video Solutions Ltd may establish general practices and
limits concerning use of the Site, including without limitation the maximum
number of days that video storage Content will be retained by the Site, and the
maximum disk space that will be allotted on Yellow Video Solutions Ltd servers
on your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Site in a given period of time. Your use of this Site
constitutes your consent to allow Yellow Video Solutions Ltd to store
electronic communications on its servers. You agree that Yellow Video Solutions
Ltd has no responsibility or liability for the deletion or failure to store any
videos, images and other communications or other content maintained or
transmitted by the Site. You acknowledge that Yellow Video Solutions Ltd
reserves the right to terminate accounts that are inactive for an extended
period of time. You further acknowledge that Yellow Video Solutions Ltd
reserves the right to modify these general practices and limits from time to
time.
18.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF
OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY
SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK.
OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE
SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YELLOW VIDEO SOLUTIONS LTD AND ITS CO-BRANDERS,
SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS,
AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
YELLOW VIDEO
SOLUTIONS LTD AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED
PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES
MAKE NO WARRANTY THAT (I) OUR SITE WILL MEET YOUR REQUIREMENTS, (II) MATERIALS,
SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION
OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES; (III) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE
(INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR
ACCESS, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (V) THE QUALITY OF ANY
PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (VI) ANY
ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL
DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR
SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR
SITE OR OUR SOFTWARE.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YELLOW VIDEO
SOLUTIONS LTD OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR
INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR
SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
PARTICULAR SITUATION.
19.
ENFORCEMENT
Yellow Video
Solutions Ltd reserves the right but does not assume the obligation to strictly
enforce these Terms, including without limitation by issuing warnings,
suspension, or termination of access to the Sites and/or services, and/or by
removing, screening, or editing of Content, or by engaging in self-help and
active investigation, litigation and prosecution in any court or other
appropriate venue.
Yellow Video
Solutions Ltd may access, use, and disclose transaction information and any
Content provided by you to comply with the law (e.g., a lawful subpoena) or
based on Yellow Video Solutions Ltd reasonable judgment that disclosure is
necessary, or to enforce or apply our agreements (including these Terms), to
initiate, render, bill, and collect for services, to protect our rights or
property, or to protect users of Yellow Video Solutions Ltd services, the Site
and other persons or entities from fraudulent, abusive, or unlawful use of the
Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE
TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE
CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
20.
LIMITATION OF LIABILITY
IN NO EVENT
SHALL YELLOW VIDEO SOLUTIONS LTD, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES,
SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS
OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE
CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR
THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE,
INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (III) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (IV)
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (VI) THE DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT
LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE,
GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOUR DISPUTES, RIOTS, SHORTAGES OF
LABOUR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR
ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (VII) ANY OTHER MATTER RELATING
TO OUR SITE, EVEN IF YELLOW VIDEO SOLUTIONS LTD OR ITS AUTHORISED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO
STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS
FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF YELLOW VIDEO SOLUTIONS LTD UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY GB
POUNDS (£50).
21.
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Yellow Video Solutions Ltd and its
underlying content and service providers, licensors and suppliers, and each of
their respective subsidiaries, affiliates, officers, agents, and employees,
from and against all losses, expenses, damages and costs, including reasonable
lawyers fees, made by any third-party due to or arising out of Submitted
Material or any other content you submit, post or upload to or transmit through
our Site, your use of our Site, your connection to our Site, your violation of
these Terms, or your violation of any law or the rights of another. These
obligations will survive any termination of your relationship with Yellow Video
Solutions Ltd or your use of our Site. Yellow Video Solutions Ltd reserves the
right to assume the defense and control of any matter subject to
indemnification by you, in which event you will cooperate with Yellow Video
Solutions Ltd in asserting any available defenses.
22.
TERMINATION/SUSPENSION
You agree that
Yellow Video Solutions Ltd may immediately terminate or suspend your account,
any associated email address, and access to all or any part of the Sites or
change your password without notice. Cause for such termination, suspension or
change shall include, but not be limited to, (a) breaches or violations of
these Terms or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Sites
(or any part thereof,) (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, and/or (g) engagement by you in fraudulent
or illegal activities. Termination of your account includes (or, if Yellow
Video Solutions Ltd elects instead to suspend your account, may include any one
or more of the following) (a) removal of access to all offerings within the
Sites, (b) deletion of your password and all related information, files and
other content associated with or inside your account (or any part thereof) and
(c) barring of further use of the Sites. You agree that all terminations and
suspensions for cause shall be made in Yellow Video Solutions Ltd sole
discretion and that Yellow Video Solutions Ltd shall not be liable to you or
any third party for any termination or suspension of your account, loss of
storage, any associated email address, or access to the Sites. Further, Yellow
Video Solutions Ltd reserves the right, to immediately terminate or suspend
your account, any associated email address, and access to the Sites at any time
for any reason and without notice to you in its sole discretion.
23.
MISCELLANEOUS
Yellow Video
Solutions Ltd failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any
provision of these Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the Terms and
shall not affect the validity and enforceability of any remaining provisions.
These Terms shall be governed and construed in accordance with the laws of the
United Kingdom applicable to agreements made and to be performed in the United
Kingdom. You agree that any legal action or proceeding between Yellow Video
Solutions Ltd and you for any purpose concerning these Terms or the parties'
obligations hereunder shall be brought exclusively in a court of court of
competent jurisdiction sitting in the United Kingdom. Neither the course of
conduct and/or course of dealing between the parties nor trade practice shall
act to modify any provision of this Agreement. Yellow Video Solutions Ltd may
assign its rights and duties under this Agreement to any party at any time
without notice to you. Your rights and duties under these Terms are not
assignable by you without written consent of Yellow Video Solutions Ltd. These
Terms do not provide any third party with a remedy, claim, or right of
reimbursement. You must file any claim or suit related to our Site within one
year after it arises.
Yellow
Video Service Agreement
Services
Agreement
This Services
Agreement is between you, the ‘User’ and Yellow Video Solutions Ltd doing
business as www.yellowvideo.com, the associated website. This covers the right
to access and use this website and access, and receive products and services
offered through this website. You, the User agrees to the terms and conditions
above and below and you acknowledge that you are at least 18 years of age. You,
the User, by automatic agreement by using this web site, you have already
acknowledged and agreed to be legally bound by the terms and conditions of this
‘Agreement’. This Agreement applies to the Products and Services currently
offered by Yellow Video Solutions Ltd and any products and services that Yellow
Video Solutions Ltd may choose to offer in the future. You, the User
acknowledges that you have read this Agreement and accept the terms &
conditions laid out according to United Kingdom Law.
The terms
"Dealer/Reseller/Affiliate", when used in this Agreement, shall refer
to Yellow Video Solutions Ltd as well as any independent, supplier, contractor,
trader, or Reseller engaged by Yellow Video Solutions Ltd to perform some or
all of the products and services. Yellow Video Solutions Ltd is contracted by
it manufacturers and suppliers, to provide some or all of the services. This
will include without limitation the storage of your images that you, the User
may use to record while using the services. You, the User also acknowledges and
consents to the use of a reputable third-party UK based credit card processing
service in connection with the receipt and processing of payments for the
services within the web site. This will include the purchase of SMS messages
via a secure link to our manufacturers secure payment system.
Our
Services Description
Services
generated by all internet cameras and other products that are purchased, used
and installed by you, the User, include an Internet protocol services, and
mobile services for viewing and/or recording images and receiving data. The
Images may include Live, or Still video images. The images and data stored will
be consistent with the intended use according to rules set below. They will be
recorded, stored, backed-up and archived by Yellow Video Solutions Ltd.
The Services
do not include viewing, or monitoring of User's images or data by Yellow Video
Solutions Ltd, or by any third party (Y-cam Solutions Ltd) for any reason other
than as described below (legal enforcement). The services of Yellow Video
Solutions Ltd, which includes your images and data, are not intended to replace
a security system or a part of a security system. You, the User is responsible
for configuring, saving, operating and using the services and related products
in a lawful manner, according the UK laws, to include the law of your country
of residence, or where you operate your system. You, the User is responsible
for maintaining the confidentiality of all usernames & passwords while
using the services for the duration of your contract term. This applies to any
of the products and services purchased through www.yellowvideo.com.
How we control
our services.
All data and
images accumulated and stored by you, the User are your property. The provider
of services (Reseller/Dealer/manufacturer/supplier) will not make any use of
your images or data without ‘You’, the user's written consent, unless that the
Provider and host of these services may act for the legal purposes set below or
in Yellow Video Solutions Ltd’s Privacy Policy as acceptable use. Yellow Video
Solutions Ltd reserves the right, in its sole discretion, to correct any
omissions or errors in any part of the website or any related services or
software that may be used to provide the services.
Yellow Video
Solutions Ltd may provide any information to include data, including user's
stored images and any other confidential or identity information, in response
to any formal request in a legal, police, or civil action that will meet the
requirements for such a request. We will also provide user's confidential or
identity information, in response to a legal request from a UK law enforcement
or UK government department, and any data or information, including user's
stored information, Images and any other data, and to report to the required,
or relevant authorities any conduct that Yellow Video Solutions Ltd believes
violates applicable UK law. This may also include any legal requirement imposed
upon Yellow Video Solutions Ltd imposed by the UK government in corresponding
with any overseas governments.
Our right
to make changes to this Agreement and Services.
Yellow Video
Solutions Ltd may adjust, change, suspend or discontinue any aspect of our
Website, its content, Products or Services at any time, while upgrading
equipment or software needed for access or use within. Yellow Video Solutions
Ltd reserves the right to remove, change, modify, or add any portion of this
Agreement at any time. Notification of any changes in the Agreement will be
posted on our Website, and Yellow Video Solutions Ltd reserves the right to
require you, the User to accept those changes as a condition for continued use
of our services. All changes and adjustments to the Agreement will take effect
immediately upon being posted to the Website. Your continued use of the Website
or Services constitutes you, the User's acceptance following these changes and
adjustments.
Our
intellectual and property Rights.
Our services
and related products which include Yellow Video Solutions Ltd, and its related
websites trademarks, designs, photographs, logos, slogans, and other
distinctive designs are protected by the United Kingdom, and international laws
of Copyright, Trademark, and unfair competition. Our services, and related
products, services, equipment and software are or may be protected, in whole or
in part, by patent, copyright, trademark, trade secret, or other intellectual
property rights under United Kingdom and foreign laws, international
conventions, and current treaties. All content and materials contained on the
Website www.yellowvideo.com excluding any user's images and other
data, are or may be protected by copyright and are owned or controlled by Yellow
Video Solutions Ltd.
You, the user
may not download and make copies of the content or any other downloadable items
displayed on the website for external or commercial use unless for personal
use, provided that you, the user maintains all copyright and other notices
contained in the content of this service agreement. Copying or storing of any
content for other than user's use is expressly prohibited without the prior written
consent of Yellow Video Solutions Ltd. You, the user hereby waive all rights to
any claim against Yellow Video Solutions Ltd for any alleged or actual
infringements of any Intellectual Property rights, proprietary rights, rights
of privacy and publicity, moral rights, and rights of attribution in connection
with any images or other data that may be transmitted by or for user in
connection with the Services.
The User
acknowledges;
You, the user
is responsible for maintaining the confidentiality of your usernames, passwords
and account information. You, the user is fully liable for all activities that
occur under the user's password or account content within. You, the user is
responsible for any and all fees, payments, VAT taxes, and expenses which may
be incurred through the use of this website or as the result of the purchase of
all products and services. The user acknowledges that the supplier/provider or Yellow
Video Solutions Ltd will not be liable or responsible for any material, or
information which is considered to be gratuitous, offensive, indecent,
objectionable or otherwise inappropriate. The user is responsible for complying
with their country’s CCTV, and related laws and regulations as published by
your country, or available to them. Yellow Video Solutions Ltd is not
responsible or liable for the accuracy, from any supplier or third party site,
which provides similar services through third party agreements. You, the user
acknowledges that violations of Yellow Video Solutions Ltd’s Policy Notice may
also be considered a breach of this Agreement and may result in suspension or
termination of the Services between you, the user and Yellow Video Solutions
Ltd.
Disclaimer.
By using Yellow
Video Solutions Ltd products and services on www.yellowvideo.com , the user may gain access to Third Party Sites, and
Supplier/Manufacturers, as well as additional resources, and helpful
information. Yellow Video Solutions Ltd makes no guarantees as to Third Party
Sites and information found on the Internet which the user may access through
use of our website. Yellow Video Solutions Ltd does not represent or endorse
the accuracy or reliability of any advice, opinion, or other information
displayed, downloaded or distributed through the website. Therefore Yellow
Video Solutions Ltd is not responsible for content contained in any third
party, or materials provided through links on the website. While the website is
controlled and solely owned by Yellow Video Solutions Ltd, we may provide links
to other websites, (retailers, Police information, and general information) to
include companies who sell our products on-line. While we endeavour to provide
users with useful information, Yellow Video Solutions Ltd does not endorse or
control these independent merchants, dealers, advisory bodies or resellers, and
take no responsibility for inaccuracies within.
Liquidated
Damages and Yellow Video Solutions Limited Liability.
Yellow Video
Solutions Ltd is not liable for losses which may occur in cases of malfunction
or non function of any Services, the Website or any related products or
services. Yellow Video Solutions Ltd is not liable for injury, harm, death, or
property losses, which may actually or allegedly occur as a result of the
equipment supplied, or any other aspects of the products and services, to
include the failure of related products, or software. The User agrees not to
pursue Yellow Video Solutions Ltd in a court of law in any event of direct or
indirect damage, injury, or death as a result of using, installing, or
inappropriate uses of our products and services. It is advised that when
installing electrical equipment supplied by Yellow Video Solutions Ltd, that
you carefully read and follow the instructions and when installing you acquire
the services of a professional prior to use.
Pricing and
Payments and monthly charges.
All of the
products and services which are offered to you, the User, is a condition of
your purchase, or of a regular monthly subscription. You, the User may purchase
a subscription on either a month-to-month basis with no minimum term. You, the
User may also select an SMS service plan based on the number of IP Cameras, GPS
Products or any other product or physical locations you wish to monitor. If
you, the User agrees to subscribe, you, the User further agrees that all
information that you submit to Yellow Video Solutions Ltd (or a third-party
credit card processing service engaged by Yellow Video Solutions Ltd) is true
and accurate (including without limitation, User's credit card number and
expiration date), and you, the User shall pay all charges or fees to Yellow
Video Solutions Ltd, including all applicable payments, in accordance with the
billing terms that are in effect at the time the charges or fees became
payable.
Yellow Video
Solutions Ltd reserves the right to change the amount of, or any charges or
fees for the use of the services and to initiate any new charges or fees upon
reasonable notice to User. You, the User must provide Yellow Video, and
designated third party Payment Company with valid credit card information. All
products and services will only be provided after Yellow Video Solutions Ltd is
satisfied that you, the user’s funds/payments have cleared and been processed
by Yellow Video Solutions Ltd and its third party Payment Company.
Continuation
of Payments
Unless we
receive prior notice, Yellow Video Solutions Ltd, the User's subscription will
be renewed automatically. The renewal price will be the same as the original
price the User agreed to pay, unless you, the User are notified in advance by Yellow
Video Solutions Ltd. If your credit card is not valid, or if user's credit card
cannot be processed at the time of the renewal charge, Yellow Video Solutions
Ltd reserves the right to immediately terminate or suspend User's access to the
services and in the case of termination thereby terminating this Agreement and
all of Yellow Video Solutions Ltd’s obligations to you, the user forthwith.
Commencement
of monthly billing charges will begin when Yellow Video Solutions Ltd has
activated the Services. Activation of the services by Yellow Video Solutions
Ltd takes place upon registration after purchase has been confirmed, or, 30 (thirty)
days following purchase of the product (e.g. PlugNC IP camera/s). Upon
commencement of billing, User will be billed for the first thirty 30 days of
services following date of purchase/registration. Recurring charges for each
month's services will then be billed one month in arrears. If you, the User
terminates services within thirty 30 days of service activation, the charge to
you, the User will not be pro-rated. If you, the User terminates after the
first thirty 30 days, you will be charged for the full month. If you, the user
terminates the service within 30 days, you will be charged for that month as
initial payment for product and first months subscription.
Fees for the
services can only be paid by a credit card, and by setting up a monthly direct
debit facility on-line via the website and our designated/assigned third party
credit card processing company. By authorising Yellow Video Solutions Ltd to
impose a charge or other credit card, User is authorising Yellow Video Solutions
Ltd or a designated representative or agent to automatically continue charging
that card.
Yellow Video
Solutions Ltd reserves the right to stop accepting credit cards from one or
more issuers. You, the User hereby authorises Yellow Video Solutions Ltd, or a
third-party credit card processing service engaged by Yellow Video Solutions
Ltd to charge and/or place a hold on User's credit card with respect to any
unpaid charges for our products and Services or any related products/equipment.
You, the User acknowledges and agrees that neither Yellow Video Solutions Ltd
nor any third-party credit card processing service engaged by Yellow Video
Solutions Ltd will have any liability whatsoever for any non-sufficient funds
or other charges incurred by you, the User as a result of such attempts to
charge, and/or place holds on, User's credit card. If you, the User believes
you have been billed in error in connection with the services or any related
products, you must notify Yellow Video Solutions Ltd within 30 days of the
billing date by contacting Customer Services about the error. Customer Service
can be reached at UK dialling code – 0845 5000 247. Yellow Video Solutions Ltd
will not issue refunds or credits after the expiration of this 30-day period,
except where required by UK law or regulation
Termination
of Services
Yellow Video
Solutions Ltd has the right to immediately terminate this Agreement, and deny
you, the user access to the subscribed services, or products and we reserve the
right to exercise the right to immediately terminate any usernames, passwords,
storage of recorded video, or images, access to data, and subscribed services.
Termination of services will occur in the event that you, the user fails to pay
for the services in a timely manner or otherwise breaches this Agreement or
engages in conduct that Yellow Video Solutions Ltd, in its discretion,
considers unacceptable. If you, the user terminates this Agreement, you will no
longer be authorised to access any areas of the services or use the services,
and any User images or data being stored by Yellow Video Solutions Ltd will be
subject to deletion and without backup at any time.
By clicking
the "I Agree" button within the Yellow Video checkout procedure, you are acknowledging, just as if you signed a written contract,
that you expressly agree to do business with Yellow Video Solutions Ltd for the
services covered by this Agreement and that you have read this Agreement in its
entirety and agree to abide by the terms and conditions within this agreement.
Privacy
Notice
Protecting
your privacy
We recognise
that we must maintain the confidentiality of every customer's account
information.
We also
respect the privacy of our site visitors. We have an obligation to assist law
enforcement and other government agencies responsible for protecting the public
welfare. If the situation arises, and when we are asked to help, we do so
strictly within the UK law.
The Scope
of this Privacy Policy
This privacy
policy addresses the privacy of Yellow Video Solutions Ltd customers and Web
visitors in the United Kingdom. Where applicable, Yellow Video Solutions Ltd
will comply with the laws of other countries that contain mandatory
requirements that differ from this policy. In selected jurisdictions outside
the United Kingdom, a reseller/contractor of Yellow Video Solutions Ltd may
adopt a separate privacy policy to reflect the requirements of applicable local
laws.
This policy
identifies the types of data and information we collect, how we use it, how you
can control its use and the steps we take to protect it. The primary focus of
this policy is non-public information that identifies or that is linked to the
identity of a customer or Web visitor ("personal identifying
information").
In this
policy, Yellow Video Solutions Ltd. and its subsidiary and affiliated entities.
Members of the Yellow Video Solutions Ltd have agreed to the privacy practices
in this policy.
This policy
does not apply where non-associates of Yellow Video Solutions Ltd ("third
parties") have licensed the Yellow Video Solutions Ltd brand for use with
their own products or services.
What personal identifying Information we collect, how we use it
and how you can control its use.
Personal
identifying information we collect and use
We collect
personal identifying information regarding our customers, including information
customers give us, information collected as a result of the customer's
relationship with us and information we obtain from other sources. Examples
include name; address; e-mail address; telephone number; billing, payment,
usage, credit and transaction information (including credit card numbers,
account numbers and/or social security number); and demographic information.
We also
collect personal identifying information that our Web visitors choose to
provide to us (e.g., name, address, telephone number, e-mail address) when
registering on our Web sites; ordering Yellow Video Solutions Ltd -offered
products or services; sending us e-mail; responding to our surveys; entering
contests or sweepstakes; or in connection with online ordering or billing
functions.
We use the
personal identifying information of a customer to provide, confirm, change,
bill, monitor and resolve problems with the quality of Yellow Video Solutions
Ltd -offered products and services. We also use the personal identifying
information of a customer or Web visitor to develop, market and sell our
products and services.
We may
aggregate the personal identifying information of different customers or Web
visitors to produce data about a group or category of services, customers or
Web visitors. For example, we might use aggregate data about the types of
services our customers have generally purchased at the same time in order to
develop attractive bundled service offerings. Such aggregate data, however,
will not reflect any personal identifying information of any specific customer
or Web visitor.
Personal
identifying information we disclose to third parties
We do not
provide personal identifying information (other than information included in
our directories and directory assistance service) to third parties for the
marketing of their products and services without your consent.
We may provide
personal identifying information to third parties where required to provide
certain Yellow Video Solutions Ltd -offered products and services.
We may also
provide personal identifying information to third parties who perform functions
or services on our behalf. Examples include shipping companies who deliver Yellow
Video Solutions Ltd products; Yellow Video Solutions Ltd - authorised agents
who market and sell Yellow Video Solutions Ltd -offered products and services
on our behalf; and Web site development or advertising companies, who provide
Web design, analysis and advertising services.
When we
provide such personal identifying information to third parties to perform such
functions or services on our behalf, we require that they protect personal
identifying information consistent with this policy and do not allow them to
use such information for other purposes.
We may, where
permitted or required by law, provide personal identifying information to third
parties (including credit bureaus or collection agencies) without your consent:
· To obtain payment for Yellow
Video Solutions Ltd -offered products and services, enforce or apply our
customer agreements, and/or protect our rights or property.
· To comply with court
orders, subpoenas, or other legal or regulatory requirements.
What online information we collect, how we use it and how you can
control it’s use.
Web usage
information we collect and use
When Web
visitors access our Web sites we automatically receive certain "Web
usage" information. For example, our Web servers automatically collect the
visitor's IP address, the visitor's Web browser and operating system types, and
the identity of the Web page from which the visitor's browser entered our Web
site. In addition, primarily through the use of cookies or Web beacons, we may
collect other Web usage information, such as the Web pages the browser visits
on our Web sites, the amount of time spent on such Web pages and whether the
browser re-visits our Web sites/pages.
We use Web
usage information to facilitate and enable the functioning of our Web sites and
to expand and improve our Web visitors' online experience. We may also
aggregate such Web usage information with other visitors' Web usage information
to assess trends and better design, monitor and otherwise improve our Web
sites, as well as to focus our marketing efforts.
In some cases
we may combine Web usage information related to your access to our Web sites
with personal identifying information. We use the combined information to
provide our customers and Web visitors with a better online experience by
providing customised features and services and to market and provide
advertising about goods and services that may be of particular interest. Once
combined, the resulting data is protected as personal identifying information
as described in this policy.
How we use
cookies, Web beacons, etc.
Cookies are
alphanumeric identifiers that a Web server sends to your computer when you
visit a Web site. Cookies can contain a variety of information, such as a
simple count of how often you visit a Web site or information that allows us to
customise our Web site for your use. Web beacons (also known as "clear
gifs" or "one-pixel gifs") are small graphic images on a Web
page or in an e-mail that allow us to monitor the activity on our Web sites or
to make cookies more effective.
We, or a third
party acting on our behalf, may use "cookies" to tailor and improve
the content we deliver to our Web visitors, to improve our Web sites by
assessing which areas, features, and products are most popular, and to
personalise our Web sites and make recommendations based on information,
including product choices, a particular visitor has previously provided. For
example, we may use a cookie to identify your state so we do not ask you to
enter it more than once. We also use cookies to store user preferences,
complete online order activity and keep track of transactions.
We, or a third
party acting on our behalf, may use Web beacons in certain of our Web pages and
e-mails to gauge the effectiveness of our marketing campaigns and e-mail
correspondence. For example, we may use Web beacons in our HTML-based e-mails
to let us know which e-mails have been opened by the recipients.
You can
configure your Web browser to alert you when a Web site is attempting to send a
cookie to your computer and allow you to accept or refuse the cookie. You can
also set your browser to disable the capacity to receive cookies or you can
delete cookies previously accepted. Some Yellow Video Solutions Ltd/yellowvideo.com
Web pages (and other Web pages) may not work correctly if you have cookies
disabled.
We may use
advertising companies to deliver ads for Yellow Video Solutions Ltd -offered
services and products on our Web sites or on third party Web sites.
These Internet
ads are often called "banner ads" and may contain third-party cookies
or Web beacons that allow tracking of visitors' responses to our
advertisements. Although these third parties may receive anonymous Web usage
information about ad viewing on such Web sites, we prohibit them from using
this information for any purpose other than to assist us in measuring the
effectiveness of our ads.
We may also
accept third party advertisements on our Web sites. You should refer to the
privacy policy of these advertisers for information regarding their use of
cookies and collection of information.
Our e-mail
marketing practices
We
periodically send customers news and updates via e-mail regarding Yellow Video
Solutions Ltd -offered services, products, and special promotions. Every
marketing e-mail we send contains instructions and an opt-out link that will
allow you to stop additional Yellow Video Solutions Ltd marketing e-mails based
on line of business.
We do not
provide your e-mail address to third parties for the marketing of third-party
products without your consent.
Our policy
on online access by children
Yellow Video
Solutions Ltd Web sites are not designed to attract children under the age of
13. We do not target children for the collection of information online and do
not knowingly collect personal identifying information from anyone under the
age of 18.
Ordering
online products and services from Yellow Video Solutions Ltd is limited to
adults (age 18 or over or as otherwise legally defined).
We comply with
all applicable laws and regulations, including the Children's Online Privacy
Protection Act (COPPA), which requires the consent of a parent or guardian for
the collection of personally identifiable information from children under 13.
Linking to
other sites
Our Web sites
may provide links to third party sites. We are not responsible for the privacy,
security or content of such sites. If you are asked to provide information on
one of these Web sites, we encourage you carefully to review their privacy
policy before sharing your information.
Online
privacy education
We care about
the privacy of our customers and Web visitors and strive to provide you with
relevant information to help you learn how better to protect your privacy and
security while online.
HOW WE
PROTECT YOUR INFORMATION
All Yellow
Video Solutions Ltd employees are subject to the Yellow Video Solutions Ltd
Code of Business Conduct and certain state-mandated codes of conduct.
In partnership
with Y-cam Solutions Ltd, we employ security measures designed to protect
against unauthorized access to or unauthorized alteration, disclosure or
destruction of data, including personal identifying information.
We (Yellow
Video Solutions Ltd) have implemented technology and security features and
strict policy guidelines to safeguard the privacy of your personal identifying
information, and we will continue to enhance our security procedures as new
technology becomes available. For example:
· We maintain and
protect the security of our servers and we typically require user names and
passwords to access sensitive data.
· We use industry
standard encryption methods to protect your data transmission unless you
authorise unencrypted transmission.
· We limit access to
personal identifying information to those employees, contractors, and agents
who need access to such information to operate, develop, or improve our
services and products.
If we
determine that a security breach has occurred and that such breach creates a
risk of identity theft or service disruption, we will make reasonable attempts
to notify you.
Privacy
Policy Updates
This privacy
policy supersedes and replaces all previously posted privacy policies.
We want you to
be aware of the information we collect, how we use it and under what
circumstances, if any, we disclose it. We reserve the right to update this
privacy policy to reflect any changes we make in order to continue to serve the
best interests of our customers and Web visitors and will timely post those
changes. If we make a material change to this privacy policy, we will post a
prominent notice on our Web sites.
If we intend,
however, to use personal identifying information in a manner materially
different from that stated at the time of collection, we will attempt to notify
you at least 30 days in advance using an address or e-mail address, if you have
provided one, and by posting a prominent notice on our Web sites, and you will
be given a choice as to whether or not we use your information in this
different manner.
Please
periodically check our Web sites for changes to this privacy policy.
CONTACTING
US: QUESTIONS, COMMENTS, CONCERNS
Yellow Video
Solutions Ltd honors requests from customers and Web visitors to review their
personal identifying information that we maintain in reasonably retrievable
form and we will gladly correct any such information that is inaccurate. You
may verify that appropriate corrections have been made. Please contact a Yellow
Video Solutions Ltd service representative.
If you have
questions or concerns regarding this policy, you should first contact us via
e-mail at contact@yellowvideo.com.
Order and
Delivery Policy
Order and
Delivery Policy
Please read
our terms and conditions carefully. When you make a purchase on this online
store you agree to these terms.
In these terms
and conditions ‘yellowvideo.com’, ‘we’ or ‘us’ means Yellow Video Solutions
Limited,, the owner and operator of this website. ‘You’ or ‘the customer’ means
you, the person buying the goods on www.yellowvideo.com.
Order Cancellation
You have the
right to cancel your order and return purchased items subject to the following
conditions and procedures:
You may cancel
your order at any time before the products are dispatched, without charge. A
full refund will be given if you have already paid.
Once the
products have been dispatched to you, you may, up to seven working days from
the date delivery to you took place, return to us any unopened item for a full
refund of the purchase price minus the cost we initially incurred for the
delivery to you (regardless of whether we initially charged you for delivery).
In order to
return an item on this basis you must contact us on 0845 5000 247 and quote our
invoice number (or Order ID). You will then be given a Return Authorisation
Number (RAN). This number must be visibly shown on the package to be returned.
Items that are returned to us unannounced or without our RAN displayed will be
rejected and no refund will be given.
Returned items
must reach us in stock condition, i.e. unmarked, unopened, unused and
undamaged. Any factory seals must be intact. If a returned item reaches us
outside the seven day return period or if the item reaches us marked, opened,
used, damaged or with broken seals, we may reject it and no refund may be
given.
The return of
an item (including the associated costs and risk of damage during transport) is
your responsibility. Items must be returned to the address shown as the Return
Address below unless otherwise instructed at the time of RAN issue.
Warranty
Some of the
items purchased carry a manufacturer's warranty only. yellowvideo.com does not
provide or sell extended warranty policies. If you wish to check the warranty
period on a product, please call us on 0845 5000 247 for assistance.
Returns Policy & Procedure
Items
purchased can be returned in accordance with the following terms and conditions
only:
Items that
arrive in a damaged state must be rejected. We will send you the item(s)
purchased on a new shipment. See below under the heading ‘Damaged on Arrival’
for the applicable terms & conditions.
Items that go
faulty within one month of purchase may be returned for a replacement or refund
under manufacturer’s warranty. See below under the heading ‘Return of an Item
Faulty within One Month’ for the applicable terms & conditions.
Items that go
faulty after one month of purchase may be returned for a replacement or repair
under manufacturer’s warranty. See below under the heading ‘Return of an Item
Faulty after One Month’ for the applicable terms & conditions.
Any items
returned to us not in accordance with these terms & conditions will be
rejected and no refund, replacement or repair will be provided.
Damaged on Arrival
Items that are
damaged on arrival should be rejected and returned to us in accordance with the
following terms and procedure:
We require
that you inspect the packaging and goods inside for visible damage upon
delivery. If damage is evident, you must reject the goods and request the
driver to return the shipment to us. Do not sign for goods without inspecting
them.
Once the
damaged item(s) reaches us we will send you a new unit(s) on another shipment.
Visibly
damaged items and items delivered in visibly damaged packaging or boxes cannot
be returned once accepted and signed for.
Return of a faulty item within one month of delivery
Items that go
faulty within one month from the date of delivery can be returned to us for a
replacement or refund subject to the following terms and conditions:
The
replacement, refund or repair of a faulty item is subject to the warranty terms
of the manufacturer. yellowvideo.com does not provide or sell any extended
warranties. yellowvideo.com will facilitate a warranty claim and helps its
customers to exercise their rights. yellowvideo.com cannot and will not
guarantee that a warranty claim will be successful. The decision whether a
warranty claim is accepted lies with the manufacturer.
Before
returning a product as faulty we ask you to contact us on 0845 5000 247 to
discuss a possible resolution to the problem. If yellowvideo.com is unable to
deal with the problem we may contact the manufacturer on your behalf for
further advice.
Regarding
items that go faulty within one month of the delivery date the customer may, as
an alternative to requesting a replacement unit, request a refund of the
purchase price. On receipt of such request we will credit / refund the amount
of the purchase price minus the cost we initially incurred for the delivery to
you (regardless of whether we initially charged you for delivery). A refund /
credit will only be given after the manufacturer has come to a decision whether
the warranty claim will be accepted.
To return a
faulty unit you must contact us on 0845 5000 247 to obtain a Returns
Authorisation Number (RAN).
Upon issuing
you with a returns number a returns form will be emailed to you. This form
(including the RAN) must be attached to the item to be returned. Items without
this form attached will be rejected.
The return of
an item (including the associated carrier or postal costs and risk of damage
during transport) is your responsibility. Items must be returned to the address
shown as the Return Address below unless otherwise instructed at the time of
RAN issue.
The faulty
item must reach us complete, including all parts and packaging.
Upon receipt
of the faulty item we will contact the manufacturer and raise your warranty
claim. The decision whether your warranty claim is accepted lies with the
manufacturer. We will liaise with the manufacturer about your warranty claim
and inform you of their response(s) and decision.
Yellowvideo.com
is not responsible for the response(s) or decision(s) made by the manufacturer.
Neither is yellowvideo.com responsible for the amount of time it takes to
process your warranty claim. The decision whether a warranty claim is accepted
lies with the manufacturer.
If the
manufacturer accepts your claim and decides that a replacement unit can be
issued under warranty, we will ship such replacement unit as soon as it is
possible. Our shipping charges for sending the replacement unit to you will be
in accordance with the shipping charges valid and published onyellowvideo.com
at the time of shipment. Any such shipping charges (and any applicable taxes)
must be paid prior to yellowvideo.com sending the goods to you.
In cases
where:
- an item was returned to us as faulty but no fault could be found, or
- the fault is not covered by a manufacturer’s warranty, or
- the warranty claim was not accepted by the manufacturer,
We reserve the
right to charge you £30 (excluding any applicable taxes) for assisting you with
your warranty claim plus any charges we incur for handling or shipping the item
as well as any amounts the manufacturer may charge for processing your warranty
claim. Examples of faults that may not be covered by a manufacturer’s warranty
are faults caused by fire, accidents, criminal attack, neglect, incorrect
installation or improper use. The fault may also not be covered because of
expiry of the manufacturer’s warranty period.
Before
returning a faulty item, always make sure the fault is covered by a
manufacturer’s warranty. If unsure, contact us 0845 5000 247 for further help.
If we cannot advise you, we may refer you directly to the manufacturer.
Return of a faulty item more than one month after delivery
Items that go
faulty after one month from the date of delivery can be returned to us for a
replacement or repair subject to the following terms and conditions:
The
replacement or repair of a faulty item is subject to the warranty terms of the
manufacturer.
Yellowvideo.com
does not provide or sell any extended warranties. yellowvideo.com will
facilitate a warranty claim and helps its customer to exercise their rights. yellowvideo.com
cannot and will not guarantee that a warranty claim will be successful. The
decision whether a warranty claim is accepted lies with the manufacturer.
Before
returning a product as faulty we ask you to contact us on 0845 5000 247 to
discuss a possible resolution to the problem. If we are unable to deal with the
problem we may have to contact the manufacturer for further advice.
To return a
faulty unit you must contact us on 0845 5000 247 to obtain a Returns
Authorisation Number (RAN).
Upon issuing
you with a returns number a returns form will be emailed to you. This form
(including the RAN) must be attached to the item to be returned. Items without
this form attached will be rejected.
The return of
the faulty item is your responsibility, including the associated carrier or
postal costs and the risk of damage during transport. The item must reach us
complete with all parts and packaging. The faulty item must be returned to the
address shown as the Return Address below unless otherwise instructed at the time
of RAN issue.
The faulty
item must reach us complete, including all parts and packaging.
Upon receipt
of the faulty item we will contact the manufacturer and raise your warranty
claim. The decision whether your warranty claim is accepted lies with the
manufacturer. We will liaise with the manufacturer about your warranty claim
and inform you of their response(s) and decision.
yellowvideo.com
is not responsible for the response(s), decision(s) and/ or repairs made by the
manufacturer or their associates. Neither is yellowvideo.com responsible for
the amount of time it takes to process your warranty claim. The decision
whether a warranty claim is accepted lies with the manufacturer.
In cases
where:
- an item was returned to us as faulty but no fault could be found, or
- the fault is not covered by a manufacturer’s warranty, or
- the warranty claim was not accepted by the manufacturer,
We reserve the
right to charge you £30 (excluding any applicable taxes) for assisting you with
your warranty claim plus any charges we incur for handling or shipping the item
as well as any amounts the manufacturer may charge for processing your warranty
claim.
Examples of
faults that may not be covered by a manufacturer’s warranty are faults caused
by fire, accidents, criminal attack, neglect, incorrect installation or
improper use. The fault may also not be covered because of expiry of the
manufacturer’s warranty period. Before returning a faulty item, always make
sure the fault is covered by a manufacturer’s warranty. If unsure, contact us
on 0845 5000 247 for further help. If we cannot advise you, we may refer you
directly to the manufacturer.
Return Address:
Yellow Video Solutions, Vision House, 3 Dee Road, Richmond, Surrey TW9 2JN
Returns are accepted only on normal working days and between 9am and 5pm UK
time
Tel: 0845 5000 247. Opening hours: 9am - 5pm UK Time