Terms of Use

Welcome to VideoLabs!

Thanks for using our services, website, and products  (“Services”).  The Services are provided by VideoLabs, Inc.  (“VideoLabs”), located at 655 Bayport Ave., San Carlos, CA  94070, United States.

By using our Services, you are agreeing to these Terms of Use (“Terms”).  If you are using this website or our Services on behalf of a business, that business accepts these Terms.  Please read them carefully.

Usage

You may use our Services only as permitted by these Terms and the law, including applicable export and re-export control laws and regulations.  You may not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.  By using our Services, you agree that VideoLabs may collect and use your personal data in accordance with our privacy policy.

Content

We reserve all of our rights, including without limitation all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the Services and its content.  Using our Services does not give you ownership of any intellectual property rights in our Services or its content.  You have no rights to make any commercial uses of the Services or its content  without our prior written consent.  You agree not to use, transfer, distribute, or dispose of any information contained in the Services in any manner that could compete with the Services.  No content may be reproduced or translated for publication, distribution, or any commercial enterprise, without VideoLabs’ express prior written consent.  You may not alter, obscure, or remove any copyright, trademark or other legal notice that are provided to you in connection with our content.  Any feedback you provide at this site shall be deemed to be non-confidential, and we may use your feedback or suggestions without obligation to you.  If you believe that our website or Services infringes a copyright, may notify us pursuant to the Digital Millennium Copyright Act (see our contact page).

Our website and Services may include content from third parties or links to third parties’ websites.  Such content and linked sites are not under VideoLabs’ control, and VideoLabs is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites.  You will need to make your own independent judgment regarding your interaction with such linked sites.

Changes

VideoLabs may limit, modify, suspend, or terminate the website and our Services at any time, without notice.

We may modify these Terms, or any terms that apply to a Services, at our sole discretion, at any time, and without notice.  You should review the Terms regularly.  The current version of the Terms will be on this page.  The changes are effective immediately upon posting such changes on this page.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THIS WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THEM IS AT YOUR SOLE RISK.  WE PROVIDE THE WEBSITE AND SERVICES “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THE WEBSITE, SERVICES, AND ANY CONTENT THEREIN ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.  WE PROVIDE NO WARRANTY THAT THEY, OR YOUR USE OF THEM, WILL MEET YOUR REQUIREMENTS, PROVIDE SPECIFIC RESULTS, OR BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, RELIABLE, SECURE, TIMELY, UNINTERRUPTED, OF ANY QUALITY, OR BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  VIDEOLABS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SERVICES.  THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.  SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU ONLY AS IT RELATES TO IMPLIED WARRANTIES.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT VIDEOLABS AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE  LIABLE FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF VIDEOLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE TOTAL LIABILITY OF VIDEOLABS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

Indemnity

You agree to indemnify and hold us, and our advertisers, affiliates, agents, co-branders, directors, employees, independent contractors, licensors, officers, partners, predecessors, related parties, shareholders, subsidiaries, and successors in interest, harmless from and against any claim, demand, expense, loss, and liability, including reasonable attorney’s fees, made against VideoLabs by any third party, that relates to your use of this web site or the Services.

Governing Law

These Terms, all matters relating to your use of this website or the Services, and the relationship between you and VideoLabs shall be construed and governed by the laws of the State of California, without giving effect to its conflicts of law principles.  You agree to submit to the personal and exclusive jurisdiction and venue of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in, the state courts of the State of California for the County of Santa Clara or the United States District Court located in the County of Santa Clara, if such court has subject matter jurisdiction.

Additional Legal Provisions

If any part of these Terms is held invalid or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.  Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  VideoLabs’ failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by VideoLabs of any provision or any right it has to enforce these Terms, nor shall any course of conduct between VideoLabs and you or any other party be deemed to modify any provision of these Terms.  These Terms constitute the entire agreement between you and VideoLabs regarding your use of the web site and Services, and completely replace any prior agreements between you and VideoLabs in relation to the Services.  These Terms will survive notwithstanding any termination of your access to all or any portion of the Services.  You may not assign your rights or obligations hereunder, by operation of law or otherwise.  VideoLabs may freely assign its rights and obligations under these Terms and we shall be relieved of any further obligation.  These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.  No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

Updated Oct. 15, 2019