Video Terms & Conditions
You must read and agree to this Commercial Terms of Service Agreement ("Agreement") as a Commercial User ("Commercial User") of Frontdesk's website or Frontdesk’s video creation services ("Frontdesk Services"). Once you have been given notice of, or been provided a copy of, this Agreement (including without limitation delivery of this Agreement via an email) your purchase and use of your Frontdesk Video will indicate your acceptance of all of the terms of this Agreement.
Frontdesk's Site consists of its site located at the URL http://FrontdeskMarketing.com, as well as its application, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform Google OpenSocial, and iPhone App Store) Collectively herein, the Frontdesk Services and the Frontdesk website and applications will be referred to as the "Site". As a Commercial User, you have agreed to pay fees outlined herein to Frontdesk for your use of Frontdesk Videos for commercial purposes.
You must be 18 years of age or older to be a Commercial User of the Site. You warrant that you are at least 18 years old and you have the authority to enter into these Commercial Terms of Service. If you do not agree with these Commercial Terms of Service, you must immediately stop using the Site, and Frontdesk Videos created therefrom, for any commercial purposes.
Though you are a Commercial User, you are a User of Frontdesk's Site and subject to Frontdesk's (non-commercial) Site Terms of Service, which are incorporated herein by reference in their entirety.
As used herein, "commercial purposes" shall mean any use of an Frontdesk video which directly or indirectly derives a commercial benefit or pecuniary gain for the Commercial User.
Once you have paid the appropriate fees to become a Commercial User, you may then use Frontdesk Videos for commercial purposes in a single location or to promote a single website for that location. You may not display a Frontdesk Video in multiple locations or to promote multiple sites unless you obtain an multi-location license from Frontdesk first.
Updates to these Commercial Terms of Service
This Commercial Terms of Service Agreement was last updated on May 20, 2011. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. You will be informed of any modifications of these Terms of Service by Frontdesk by email. Modifications will become effective immediately upon the notice of modifications being sent to you. Your continued use of the Site as a Commercial User after modifications are posted will be considered an acceptance of the modified Commercial Terms of Service.
Payment of Fees and Scope of Use
You have agreed to pay us fees for your use of Frontdesk Videos for commercial purposes (“Fees”). Your use of Frontdesk Videos is limited to only acceptable commercial purposes as defined herein, or as specified by Frontdesk on its Site (“Scope of Use”), and is subject to your payment of the Fees. A further condition of the Scope of Use is that Commercial Users may, during the Term, distribute or otherwise make available Frontdesk Videos to third parties if such third parties agree to use the Frontdesk Videos for personal use only. Thus, for example, Commercial Users may not distribute or make available Frontdesk Videos to third parties if such third parties intend to use the Frontdesk Videos directly or indirectly to derive a commercial benefit or pecuniary gain. Your account may be terminated without prior notice or reimbursement if you distribute Frontdesk Videos in violation of this paragraph. If you desire to distribute Frontdesk Videos to a business individual or entity, you should contact Frontdesk customer service at licensing@Frontdesk.com.
All Fees paid are nonrefundable. If you desire to use the Site or an Frontdesk Video for commercial purposes which are different from or beyond the Scope of Use, you must obtain written permission from Frontdesk, and your use for such purposes beyond the Scope of Use may be conditioned upon payment of additional fees.
Frontdesk may provide you with the ability to pay the Fees through a service such as Paypal or Google Checkout. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
Limited Right to Sublicense with Permission from Frontdesk
The rights granted to Commercial User hereunder are non-sublicenseable and non-transferable. However, in limited circumstances, at Frontdesk's sole discretion, Frontdesk may offer a program whereby a Commercial User is permitted to sublicense its rights hereunder to a third party ("Sublicensee"), whereby the third party would be permitted to create Frontdesk Videos for commercial purposes, or have Frontdesk Videos created by the Commercial User on behalf of the Sublicensee. If and only if a Commercial User is expressly granted such sublicense rights by Frontdesk, Commercial User hereby represents and warrants that as a condition to such sublicense rights, (1) Commercial User will ensure that prior to using the Site, the Sublicensee agrees to terms substantially the same as those contained herein; (2) Commercial User will remain fully responsible for payment of Fees to Frontdesk; and (3) Commercial User will assume all responsibility for each Sublicensee's compliance with the terms of this Agreement, and indemnify and defend Frontdesk for any and all claims or causes of action arising from such Sublicensee's use of the Site.
Frontdesk (or a third party hired by Frontdesk for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other of Your information to determine your compliance with the terms contained herein. The costs of such audit shall be borne by Frontdesk unless the audit uncovers that You have materially breached this Agreement, and then You shall be responsible for reimbursement of all reasonable costs and expenses of such audit.
Conduct on Site
You agree to obey all applicable laws, rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the Site, including Image Content, Musical Content, and Frontdesk Videos created therefrom (collectively, "Submissions").
Any transfer, assignment, resale or use by a third party of an Frontdesk Video, in any manner or for any reason whatsoever, is subject to the terms and conditions of this Agreement. In no event can a Commercial User's rights hereunder or subscription be transferred, assigned, resold or used by a third party in any manner or for any reason whatsoever without the prior written consent of Frontdesk Inc. Any transfer, assignment, resale, or use in violation of this paragraph will be considered, without limitation, a violation of Frontdesk's proprietary rights by such third party, and will be considered a material breach of this Agreement by Commercial User.
You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information — that:
are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person; contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws; victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitute unauthorized or illegal advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of improper solicitation, or any form of lottery or gambling; contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or are not properly owned or licensed by Commercial User for the Commercial User's Scope of Use.
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Commercial Terms of Service and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
Third Party Sites and Information
Frontdesk's Intellectual Property Rights. Frontdesk is the owner and retains all proprietary rights to the Site, the services and videos provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us. As a Commercial User, subject to your payment of the applicable Fees and your compliance with these Terms of Service, you are granted a limited, non-exclusive, revocable, non-transferable right to use Frontdesk Videos within the Scope of Use and during the Term.
Your license to display an Frontdesk Video is conditioned upon the display, each time the Frontdesk Video is used for commercial purposes, of any of the following which may be contained in the Frontdesk Video: Frontdesk's trademarks, logos, icons or notices. Furthermore, your use of the Site and Frontdesk Videos is expressly conditioned upon your agreement to (i) refrain from taking any measures to inhibit display of Frontdesk's trademarks, logos, icons, or notices, if such items are contained in the Frontdesk Video; and (ii) refrain from removing or modifying any Frontdesk trademarks, logos, icons, or notices which may be contained in the Frontdesk Video. Inhibiting display of, removing, or modifying Frontdesk's trademarks, logos, icons or notices from your Frontdesk Video will be considered a material breach hereof.
Frontdesk's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Frontdesk, in any manner that is likely to cause confusion among customers or users of the Site, tarnishes or dilutes the marks, or disparages or discredits Frontdesk.
Others' Intellectual Property Rights. Frontdesk deeply respects the third party intellectual property rights that may be implicated in creating an Frontdesk Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating an Frontdesk Video using Frontdesk's proprietary software, you will be able to use your own Image Content such as photos, graphics, text, or video segments. The Site may allow Commercial Users to upload their own Musical Content or to use Musical Content provided by Frontdesk for creating your Frontdesk Video.
Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.
Image Content may be protected by copyright, even if not marked with the Â© symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Frontdesk Video. For example, professionally-taken photographs should not be used in an Frontdesk Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Frontdesk Video unless you have received a license to do so from the owner of the copyright.
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Frontdesk Video. Do not provide for use any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Site.
Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. When you upload your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Frontdesk Video prior to doing so. If you are unsure as to whether you have the permission to use Musical Content within the Scope of Use, then you should use Musical Content made available to you for commercial purposes by Frontdesk.
You warrant that all Content, including Image Content and Musical Content, provided by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to (a) use the Content to create and display an Frontdesk Video as you intend and within the Scope of Use; (b) use the Content as contemplated by the Site and your Scope of Use, and (c) to grant Frontdesk the rights described herein. Please be aware that your use of the Content may be interpreted as a use for commercial purposes pursuant to copyright laws. Even if you believe you have certain rights to use third party Content, you should ensure that you have the appropriate rights to use such Content for commercial purposes and within the Scope of Use. We cannot, and do not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content within your Scope of Use, you should consult an attorney.
You hereby grant to Frontdesk a royalty-free, perpetual license to use, copy, create, modify, display and host your Frontdesk Video, Image Content, and Musical Content solely to the extent necessary for Frontdesk to provide the Services as described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a Commercial User or User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Frontdesk designates the following individual as its agent for receipt of notifications of claimed infringement:
c/o Jeff Barson
Attn: DMCA Claims
2177 Monarch Drive,
Park City, Utah, 84060
By Email: email@example.com
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove or disable the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Your account will be terminated if, at Frontdesk's sole discretion, you are determined to be a repeat infringer.
Purchase of Products
Frontdesk may, from time to time, provide the ability for its users to place an order ("Order") for products relating to Frontdesk Videos, such as a DVD ("Products"). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.
All prices are in U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.
Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. When you place an Order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged at the time of shipment.
Limited Warranty for Products
Frontdesk provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by Frontdesk shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.
Note that this limited warranty does not in any way cover your dissatisfaction with the quality of the Frontdesk Video arising from or relating to the content uses to create the Frontdesk Video.
Products which do not conform to Frontdesk's limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exclusive remedy for any breach of such warranty.
If you would like to make a warranty claim for a replacement product, send an email to firstname.lastname@example.org
You will receive a response email with instructions on processing your warranty claim.
Disclaimer of Warranties
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," FRONTDESK EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND FRONTDESK'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID FRONTDESK, IF ANY, FOR ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL FRONTDESK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. FRONTDESK SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Frontdesk, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site, (b) the public performance, distribution, sharing, displaying or viewing of your Content or Video, (c) the violation of laws, rules, regulations or terms of this Agreement, or (d) infringement by your Content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Frontdesk reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Frontdesk in asserting any available defenses. This indemnification section survives the expiration of your commercial license Term, and applies to claims arising both before and after the Term.
Use of Site and Storage of Material
Your usage of the Site will be limited to the Scope of Use for which you have paid Frontdesk the Fees, for the applicable Term. If Frontdesk believes that you have exceeded your Scope of Use or the Term, Frontdesk reserves the right to terminate your account without prior notice to you.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the Services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
Termination of Use
We may terminate or suspend your use of the Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Commercial Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.
The laws of the state of Utah, USA, will apply to all matters relating to these Commercial Terms of Service, the use of the Site and/or services provided through the Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Utah, USA.
All notices to a Commercial User or to Frontdesk shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at Frontdesk, 2177 Monarch Drive, Park City, Utah, USA, if by conventional mail. Notices to you may be sent to the email address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Commercial Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Frontdesk.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Frontdesk, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Commercial Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.