KINDLY READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USE OF OUR SERVICES.
A user does not have a right to use our Services if he/she does not agree and accept the Terms and Conditions provided on our Website. Use of our Services in any manner implies acceptance of the user(s) to the Terms and Conditions in toto.
The Terms and Conditions shall be binding on all users accessing and/or using our Services.
Welcome to VidSaga. We provide our user(s) with a platform to engage in obtaining or providing services by, with or through our website. We merely make the Services available to enable the Creators and Clients to find and transact directly with each other. The Terms and Conditions constitute a binding legal agreement between the user(s) and VidSaga (hereinafter referred to as “VidSaga,” “we” and “us”). These Terms and Conditions shall remain in effect throughout a user’s use of our Services. All transactions shall be the responsibility of the user(s) themselves.
Any queries, feedback, or issues related to the Terms and Conditions, can be directed to our team at team(at)vidsaga(dot)com.
The following words have specific means whenever used in the Terms and Conditions:
- Account: The user’s online account on the VidSaga website used to access and/or use our Services
- Content: Anything that a user publishes, posts, uploads, shares, stores, or otherwise provides through our Services is referred to as ‘Content’.
- Services: ‘Services’ comprises the website(s), products, services and applications provided or to be provided by VidSaga to the users.
- User: A ‘user’ means any company and/or individual who is engaging in, using and/or accessing our Services through our Website. This includes both Clients (organizations) and creators (video or otherwise) and is contracting parties to the Terms and Conditions.
- VidSaga: Any reference to VidSaga or by using terms such as ‘us’ or ‘we’, would include the Company, its subsidiaries(if any), its employees, agents, account managers, experts or representatives of any type.
PRIVACY OF THE USERS
Additionally, it is pertinent to mention that we do not knowingly collect personally identifiable information from anyone who is under the age of 18. In case some personal information is collected from anyone below 18 without our being aware of it, and the same comes to our notice, we ensure that the same is removed as early as possible. If a user has reason to believe and substantial backing of the fact that anyone below 18 has provided us with information, kindly contact us at team(at)vidsaga(dot)com.
SIGNING UP FOR AN ACCOUNT
If a user wishes to access and/or use certain Services provided by us, he/she is required to register for an Account. A user can access the account by setting a password and selecting a unique username. A user must only select a username that he/she has the right to use. A username which indicates some other person’s name with the intent to impersonate that person cannot be used. The user is entirely responsible for safeguarding and maintaining the confidentiality of the username and password and agrees to not share the same with any person who is not authorized to use the account. The user authorizes VidSaga to assume that any person accessing and/or using our Services from his/her account is either the user himself/herself or a person authorized to act on his/her behalf. The user agrees to notify us immediately if any unauthorized activity or use of the account is suspected. To register for an account to use our Services, the user hereby represents that he/she shall use the Services for business purposes only and is a legal entity or an individual of age 18 years or older. VidSaga reserves the right to decline a registration, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
If a user is registering on behalf of any company or another such legal identity, the user is giving a representation and warranty that he/she is authorized to accept the Terms and Conditions on behalf of the entity. The Terms and Conditions shall be binding on the entity, in which case the reference to ‘user’, ‘he/she’ or ‘they’ in the Terms and Conditions would refer to the said entity.
User(s) are obligated to not share the details of the account or password with anyone and shall be responsible for the security of the account information to this regard. The user shall be held responsible for any and all activities associated with the account.
After signing up for an account, the user is required to complete a User Profile, which shall be visible to other users and the public (unless the user changes the privacy settings). User(s) are required to provide us with true, accurate, complete and updated information about themselves.
A user can register either as a Client or a Creator depending on the purpose for accessing or using our Services.
The identity of our user(s) is subject to verification by us, although we do not make any representations regarding the identity of our user(s). It is up to the user(s) to make personal verifications of other users that they engage with. User(s) hereby authorize VidSaga to make any inquiries necessary to validate their identity and confirm ownership of the email address or other information provided, directly or through third parties, subject to the applicable law.
VidSaga provides the service of a feedback system for its users through which they can share their opinion of our other users publicly. VidSaga does not monitor, contribute, influence or censor these opinions. The user(s) hereby acknowledges and agrees that they may publish or request VidSaga to publish on their behalf information on the website about the user(s), such as feedback, composite feedback, work history, or verification of identity or credentials. However, such information is solely based on unverified data that the user(s) voluntarily submit to VidSaga and does not constitute and shall not be construed as an introduction, endorsement or recommendation by VidSaga. Such information is being provided solely for the purpose of convenience of our users. The user submitting the feedback is solely responsible for the opinions expressed and for any legal action that may be instituted by other users or third parties as a result of or in connection with any feedback or content submitted by a user. VidSaga is not legally responsible for any feedback or comments posted or made available on the website by any users or third parties, even if that information is defamatory or otherwise legally actionable. VidSaga reserves the right ( and is under no obligation) to remove any information or feedback posted, that in our sole judgment, violated the Terms and Conditions, diminishes the integrity of the feedback system, negatively affects our marketplace or otherwise is inconsistent with the business interests of VidSaga. A user may notify us for any inaccurate statement made in the feedback.
RESPONSIBILITY OF THE USERS
The user(s) will be responsible for the content of all the messages communicated through their account, as well as the consequences of any such message. VidSaga holds no responsibility for messages or information transmitted between users.
User(s) shall comply with all applicable local, state, national and international laws that apply and govern his/her use of our Services. A user shall not be permitted to use our services if the applicable laws prohibit the same. We cannot and will not be responsible for use of our Services by a user which infringes the law.
We do not guarantee that our website will be secure, bugfree or free from virus and accept no liability for loss in respect of the same.
The user(s) publishing any Content or information, privately transmitted or posted publicly through or on our Services has the sole responsibility for the same. VidSaga holds no responsibility for information provided by its users. Use and/or access of our Services and viewing the Content available thereunder is at the user’s own risk. We are not liable for any errors in the Content, or for any loss or damages any person might suffer in connection with it. We have no duty to take any action regarding how the Content available to a user(s) is interpreted and/or used. We do not control the reactions that a user may have by the reason of being exposed to the Content. User(s) hereby release us from any and all liability attached to the Content having acquired or not acquired, through our Services. We do not guarantee the identity of the user(s) and are not responsible for who gains access to our Services. Any interaction between users through or by using our Services is not our responsibility.
VidSaga has no control over and assumes no responsibility for, the content, privacy policies, accuracy or practices of or opinions expressed in any third party websites or by any third party that a user interacts with through our Services. In addition, VidSaga will not and cannot verify, monitor, censor or edit the content of any third party site or service. By using our Services, the user releases and holds us harmless from any and all liability arising from his/her use of any third party site or service.
TRANSACTIONS BETWEEN USERS
Interactions between users found on or through our Services, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between the user and such organizations, individuals and/or other users. It is the user’s responsibility to make the investigation, if needed or appropriate, before proceeding with any online or offline transaction with any other user(s). The user agrees that VidSaga shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions.
The users acknowledge, agree and understand that VidSaga is not a party to the relationship, dealings or transactions between the users. Users are solely responsible for; (a) ensuring the accuracy and legality of the Content, (b) determining the suitability of other users, (c) negotiating, agreeing to and executing any contract, (d) performing video creation services, or (e) paying for such video creation services. The user(s) further acknowledges, agrees and understands that they are solely responsible for assessing whether to enter into a contract with another user verifying any information about another user. We do not verify any information or feedback provided by one user about the others and does not vet or otherwise perform background checks on any user(s).
In cases where the user chooses to hire an Account Manager while availing our Services, the aforementioned responsibility is limited to the extent that the Account Manager shall help the user in; (a) proper/exact scoping of the transactions between the user and other users through our Services, (b) defining the deliverability, quality and timeline of video creation services and ensuring the same.
We do not make any representations about the accuracy or truth of any Content made available by the user(s), do not verify any feedback or information provided by the user(s), and do not vet or otherwise perform background checks on the user(s). The user(s) acknowledge, understand and agree that we do not, in any way, supervise, control, direct or evaluate the Creators or their work and are not responsible for deliverability, quality, safety or legality of the services provided by the Creators. We do not make any representation regarding either the ability of the Creators to deliver services, or organizations to pay for such services or of both to actually complete a transaction.
If there is a dispute between users on the website, or between users and any third party, the user agrees that VidSaga is under no obligation to get involved. In the event that a dispute arises between two or more users, the user expressly releases VidSaga, its employees, agents, stakeholders and successors from claims, demands, and damages of every nature or kind, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way related to such disputes and/or the Services.
USER’S REPRESENTATIONS AND WARRANTIES
The user represents and warrants that it:
- shall use our Services in accordance with the Terms and Conditions of our website;
- shall ensure that all information provided to us is accurate and complete in all material aspects;
- shall obtain and maintain all necessary licenses and consents and comply with all relevant applicable laws in relation to the Services;
- shall not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is technologically harmful;
- shall not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our site;
- shall not attack our website via a denial-of-service attack or a distributed denial-of-service attack; and
- shall not contribute any Content or otherwise use our Services or interact with our Services, in a manner which:
- infringes or violates the intellectual property rights or any other rights of VidSaga and any other entity (includes a person, website, business entity, etc.);
- violates any law or regulation, including any applicable export control laws;
- is harmful, deceptive, fraudulent, harassing, threatening, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of the user’s VidSaga account or anyone else’s (such as allowing someone else to log in to our Services);
- attempts, in any manner, to obtain the credentials, or other security information from any other user(s);
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs email list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while the user is not logged into the Services, or that otherwise interfere with the proper working of our Services (including by placing an unreasonable load on our Services’ infrastructure);
- “crawls”, “spiders”, or “scrapes” any data, page, or a portion of or relating to our Services or Content (through use of manual or automated musereans); and
- reverse engineers decompile or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our Services.
Breach of any of the aforementioned warranties which are against the law will be reported by us to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the user’s identity to them.
A violation of any of the foregoing representations and warranties would lead to immediate termination of the user’s right to use and/or access our Services.
The user acknowledges and accepts that the Content, views, and opinions expressed by the user while using our services are solely that of the user.
The Content is intended to represent the opinion of the user and in no way reflect the views and opinions of VidSaga, its employees, agents, subcontractors or consultants.
CHANGE IN THE SERVICES
VidSaga is constantly working on making our Services better and more user-friendly. We reserve the rights to make changes in our Services any time without prior notice to the user(s). We may withdraw or suspend any or all of our Services, or we may introduce new features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from our Services at any time, for any reason (including, but not limited to, if someone alleges that the Content is in violation of these Terms and Conditions), in our sole discretion, and without notice.
CHANGE IN THE TERMS AND CONDITIONS
We constantly aim to improve our Services, which may require us to change, modify, amend or update our Terms and Conditions simultaneously. VidSaga reserves the right to change the Terms and Conditions at any given time without prior notification to the user(s). Any change in the Terms and Conditions will become effective immediately on posting the same on the website, i.e. www.vidsaga.com.
Continued use of the Services by the user(s) would imply acceptance and agreement of the user(s) to the new Terms and Conditions. In case, the user does not wish to accept the new Terms and Conditions, he/she is free to not accept; which would imply that the user can no longer avail our Services.
No other change in the Terms and Conditions will be effective unless it is given in writing and published by us on our website.
CHARGE FOR SERVICES
It is currently free to create an account on vidsaga.com’ to become a registered user, but we reserve the right to charge for certain or all Services in the future. We shall notify the user before any Services that are being used begin carrying a fee. The user has the right to decide whether to continue using such Services, whereas the user must pay all applicable fees for the continuation of such Services.
TERMINATION OF ACCOUNT
VidSaga reserves the right to terminate use of our Services by a user(s) for any reason in our discretion, including breach of the Terms and Conditions. We have the sole right to decide whether a user has violated our Terms and Conditions or any restriction thereunder.
Kindly take note that termination of account of a registered user may result in permanent destruction of any Content associated with the account. We may or may not provide an advance notice to the registered user prior to terminating his/her account depending upon the severity of the reason behind the termination. If we determine that an advance notice has impractical or illegal implications, or not in the interest of someone’s safety or security, or otherwise harmful to the property or rights of VidSaga, we shall not issue an advance notice. Whereas a registered user might be allowed to retrieve any important Content stored in the account to the extent allowed by law and these Terms and Conditions.
If a user deletes his/her account by mistake, he/she may contact at team(at)vidsaga(dot)com; but chances of retrieval of Content cannot be promised.
Provisions that, by their nature, should survive termination of these terms and conditions shall survive termination. By way of example, all of the following will survive termination: any obligation that a user has to pay us or indemnify us, any limitations on our liability, any terms and conditions regarding ownership or intellectual property rights, and terms and conditions regarding disputes between us.
INTELLECTUAL PROPERTY RIGHTS
The content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) associated with the Services provided thereof, are owned by VidSaga, its licensors or other providers of such material and are protected by copyright and/or other intellectual property laws.
The user is granted a personal, non-exclusive, non-transferable, revocable license to access and/or use the intellectual property belong to VidSaga through the Services being provided, only for the purposes of accessing and/or using the Services. Users are obliged to abide by all copyright notices, trademark rules, information, and restrictions contained in any intellectual property that is used or accessed through our Services. Any intellectual property which does not belong to a user shall not be used, copied, reproduced, modified, translated, published, broadcasted, transmitted, distributed, performed, uploaded, displayed, licensed, sold or otherwise exploited for any purpose. A user shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided here), create derivative works based on, or otherwise exploit any of the Services.
The user(s) publishing any Content or information, privately transmitted or posted publicly through or on our Services has the sole responsibility for the same. A perpetual, irrevocable, worldwide and royalty-free license is hereby granted for Content to VidSaga for the purpose to display, translate, use, reproduce, modify (for technical purposes, such as in order to make sure that the Content is viewable on different devices like an iPhone and a computer), and otherwise act with respect to such Content, in each case for the purpose of making the Content accessible and enabling us to operate our Services. This is a license only – the ownership of the user in the Content is not affected. The user(s) accepts and understands that for the purpose of performing the necessary technical steps to provide the Services to our users (including himself), VidSaga may need to make changes to the Content to adapt and conform it to the technical requirements of devices, connection networks, services, or media. The licenses so discussed above includes the rights to do so.
Warranty Disclaimer. VidSaga makes no representations or warranties relating to any Content accessed through or contained in our Services. We take no responsibility or liability for legality, accuracy, decency or copyright compliance of material available on or through our Services. VidSaga gives no representation or warranty concerning suggestions or recommendations of services offered or purchased through our Services. VidSaga makes no representations or warranties about the quality, reliability, stability, completeness of any Content or information provided by a user(s) on our website. The services offered or purchased (whether or not following such recommendations and suggestions) are provided “as available” and “as is” and without any warranty of any kind from VidSaga or others (unless, with respect to such others only, provided unambiguously and expressly in writing by a designated third party for a specific product). User(s) are solely responsible for any loss of data or damage to computer system resulting from downloading any information or Content accessed on our website. VidSaga shall not be held liable for any failure, delay or disruption of any Content or services delivered through our Services from acts of nature, and forces or causes beyond the reasonable control. VIDSAGA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. Liability of VidSaga is limited to the fullest extent allowed by the applicable law, and under no circumstances shall VidSaga be liable for any indirect, incidental, special or consequential damages of any kind, including loss in terms of profit and goodwill, punitive or incidental loss, or damage arising out of or in connection to the Terms and Conditions. This Section shall survive even after the user(s) discontinues the use of our Services.
Indemnity. To the fullest extent allowed by applicable law The user agrees to indemnify and hold VidSaga, its agents, affiliates, employees, officers, and partners harmless from and against any and all claims, damages (actual and consequential), liabilities, losses and expenses (including attorneys’ fees) which may arise from or in any way related to any third party claims relating to (a) use of our Services (including any actions taken by a third party using the user’s account); and (b) violation of these Terms and Conditions by the user especially the representations and warranties.
Assignment. User(s) may not assign, transfer or delegate these Terms and Conditions, or the obligations and/or rights hereunder, or the user account, in any way (by operation of law or otherwise) without our prior written consent. VidSaga reserves the right to assign, transfer, or delegate these Terms and Conditions and our rights and obligations without consent of the user(s).
Governing Law. These Terms and Conditions are governed by and will be construed under the laws of Delhi, without regard to the conflicts of law provisions thereof. Any dispute relating to or arising out of the subject matter of these Terms and Conditions shall be finally settled in Delhi.
For all purposes of these Terms and Conditions, the parties (all users and VidSaga) consent to exclusive jurisdiction and courts located in Delhi.
Miscellaneous. It is the responsibility of the user(s) to pay, file, withhold and report all taxes, duties, and other governmental assessments associated with the activity in connection with our Services, provided that VidSaga may, in its sole discretion, do any of the foregoing on the user’s behalf or for itself as it sees fit. The failure of either party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any part or provision of these Terms and Conditions is found to be invalid or unenforceable, that particular part or provision shall be eliminated or limited to the extent it is valid or enforceable. Invalidity of a part or a provision of the Terms and Conditions shall not affect its enforceability and otherwise shall remain in full force. The parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between the user(s) and VidSaga, and that it cancels and supersedes all previous written and/or oral agreements, communications and other understandings relating to the subject matter of these terms and conditions. The user hereby acknowledges and accepts that he/she is not an employee, agent, partner, or joint venture of VidSaga, and does not have any authority of any kind to bind VidSaga in any respect whatsoever. The user(s) and VidSaga agree there are no third party beneficiaries intended under these Terms and Conditions.