Terms of Service
·
License Agreement
·
Privacy Policy
·
Subscription Terms

Terms of Service

The general terms that apply when you use any Video Village product, service, or website.

Version 2.0 — May 27, 2026

Table of Contents

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

Capitalized terms used in these Terms, the License Agreement, and the Subscription Terms have the meanings given in these Terms of Service unless a document expressly defines a term differently for its own purposes.

For the purposes of these Terms of Service:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means any software program, plugin, or tool provided by the Company and licensed to You, whether downloaded from the Company’s website, through an Application Store, or by any other means. Current Applications include, but are not limited to, Filmbox, Scatter, Screen, Lattice, and Rawzone.
  • Application Store means any digital distribution service through which the Application may be made available, including but not limited to the Apple App Store, the Mac App Store, and any other platform or marketplace, whether current or future.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms of Service) refers to Video Village, LLC, 1401 21st St Ste R, Sacramento, CA 95811.
  • Content refers to content such as text, images, video, media files, look-up tables (LUTs), presets, metadata, comments, messages, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to the United States of America.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • License Agreement means the Company’s software license agreement available at /support/eula.html.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms of Service and/or the Application Store’s own terms and conditions.
  • Orders mean a request by You to purchase products, licenses, Subscriptions, or services from Us through the Service.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application, the Website, the Company’s account and licensing features, support services, and any social, community, forum, feedback, or other online features provided by the Company.
  • Subscription Terms means the Company’s subscription terms available at /support/subscription.html.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms of Service (also referred to as “Terms”) means these Terms of Service, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the agreement between You and the Company regarding the Service.
  • Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
  • Website refers to Video Village Website, accessible from https://videovillage.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Additional terms may apply to specific Applications, Subscriptions, or purchases as described below.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that You are at least 16 years of age. The Company does not permit those under 16 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Additional Product Terms

If You download, install, activate, or use any Application, the License Agreement also applies to that Application. If You purchase or activate a Subscription, the Subscription Terms also apply to that Subscription.

If there is a direct conflict between these Terms and the License Agreement or Subscription Terms, the more specific document controls only with respect to the subject matter it expressly addresses. For example, the License Agreement controls for software license scope, restrictions, updates, and other Application-specific matters, and the Subscription Terms control for subscription billing, renewal, cancellation, and refund rights. These Terms otherwise continue to apply. Any provision required by applicable law will control to the extent required.

Certain Applications made available through the Service may be identified on the applicable product, checkout, or order page as third-party or partner applications. For those Applications, Video Village may operate the storefront, account, and license delivery flow, but the Application itself may be licensed by the third-party developer or licensor identified there. Any app-specific terms presented for that Application will apply to that Application and will control over these Terms to the extent of any direct conflict.

Orders, Purchases, and Billing

By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order through the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email address, Your phone number, Your billing address, and Your payment information.

You represent and warrant that: (i) You have the legal right to use any credit card, debit card, or other payment method in connection with any Order; and (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Acceptance and Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Product, license, or service availability
  • Errors in the description or prices for products, licenses, or services
  • Errors in Your Order
  • Fraud or an unauthorized, unlawful, or abusive transaction is suspected

Purchases of Applications, licenses, Subscriptions, digital content, or other digital services may also be subject to the License Agreement, the Subscription Terms, any applicable product or checkout page, the terms of Our payment processor, and, where applicable, the Application Store’s own terms and conditions. Any product, checkout, or promotion terms presented at the time of purchase apply only to the offering they describe.

Except where required by law or expressly stated at the time of purchase, digital products and license fees are non-refundable. Refund eligibility for subscription licenses is governed by the Subscription Terms. If a purchase is made through an Application Store, the Application Store’s refund and cancellation rules may also apply.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings on the Service. The products, licenses, and services available on the Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our offerings on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. Pricing changes for Subscriptions are governed by the Subscription Terms and the applicable purchase or checkout terms.

Payments

Purchases through the Service may be subject to one-time or recurring payment, depending on the applicable offering. Payment can be made through various payment methods and processors that We make available through the Service.

Payment cards and other payment methods are subject to validation checks and authorization by Your payment provider or the applicable processor. If the required authorization is not received, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

The Service or some parts of the Service are available only with a paid Subscription.

Subscription periods, billing cycles, automatic renewals, Free Trial terms, cancellation rights, refunds, failed payments, reactivation, and other subscription lifecycle terms are set out in the Subscription Terms.

If a Subscription has been made through an In-app Purchase, billing, renewal, cancellation, and refunds may also be governed by the Application Store’s own terms and conditions.

In-app Purchases

The Application may include In-app Purchases that allow You to buy products, services or Subscriptions.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store’s own terms and conditions or in Your Device’s Help settings.

You acknowledge and agree that billing and transaction processes for In-app Purchases are handled by the Application Store from where You downloaded the Application and are governed by that Application Store’s own terms and conditions. If You have any payment-related issues with In-app Purchases, You need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Social Login and Linked Accounts

If the Service allows You to sign in, connect, or otherwise interact with a Third-Party Social Media Service, You authorize the Company to access and use information made available by that Third-Party Social Media Service in accordance with Our Privacy Policy and Your settings with that Third-Party Social Media Service.

The Company does not control and is not responsible for the availability, accuracy, or content of any Third-Party Social Media Service, and Your relationship with that Third-Party Social Media Service is governed by its own terms and policies.

Content

Your Content

The Application may be used to open, create, process, transform, or otherwise work with Content on Your own Device. The Company claims no ownership of, and no license to, any Content that You process locally within the Application. Your media, video files, look-up tables, presets, project files, and other locally processed Content remain entirely Yours.

Content You Submit to the Service

Our Service may allow You to post, upload, or submit Content to community, social, or other online features of the Service (such as forum posts, comments, shared presets, media submitted for promotional use, or other user-generated content). You are responsible for the Content that You submit to the Service, including its legality, reliability, and appropriateness.

By submitting Content to the Service, You grant Us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, modify (for technical purposes), format, display, and distribute such Content solely as necessary to operate, provide, and improve the Service and related features. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the submission of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated or randomly generated content constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is 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 a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to determine whether or not any Content is appropriate and complies with these Terms, to refuse or remove such Content, and to make formatting and edits or change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

You are solely responsible for maintaining complete and accurate backup copies of any Content that You submit to or make available through the Service.

The Company does not guarantee the availability, integrity, preservation, or restorability of any Content and has no liability for any loss, corruption, or failure to restore Content.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Infringement Claims

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@videovillage.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notices

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized 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 authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at support@videovillage.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

DMCA Counter-Notices

If You believe that Content removed or disabled as a result of a DMCA notification was removed by mistake or misidentification, You may submit a counter-notification to our copyright agent at support@videovillage.com containing the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
  • A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the federal district court for the judicial district in which Your address is located (or, if outside of the United States, any judicial district in which the Company may be found), and that You will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a valid counter-notification, the Company will promptly provide a copy to the party that filed the original notification. If the original notifying party does not file a court action seeking to restrain the allegedly infringing activity within ten (10) to fourteen (14) business days of receiving the counter-notification, the Company may restore the removed material, in accordance with 17 U.S.C. § 512(g).

Company Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

Any Feedback, comments, ideas, improvements, or suggestions provided by You to the Company with respect to the Service are provided on a non-confidential basis. You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable license to use, copy, modify, publish, distribute, and otherwise exploit such Feedback for any purpose and in any way without any credit or compensation to You.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service’s terms and privacy policies.

Suspension and Termination

These Terms shall remain in effect until terminated by You or the Company.

The Company may suspend or terminate Your access to the Service, any Application, or any Subscription if You (a) have an outstanding, undisputed balance for more than thirty (30) days; (b) materially breach these Terms, the License Agreement, the Subscription Terms, or any applicable purchase terms; or (c) use the Service in a way that materially and negatively impacts the Service, any Application, or others. If the breach can be cured, the Company will provide fifteen (15) days’ written notice and an opportunity to cure before termination, unless immediate suspension or termination is reasonably necessary or the breach cannot be cured. For the avoidance of doubt, breaches involving payment fraud, unauthorized sharing of account credentials or License Keys, circumvention of security, license verification, or copy-protection mechanisms, export or sanctions violations, or infringement or misappropriation of the Company’s intellectual property may be treated as not curable.

You may terminate these Terms at any time by discontinuing use of the Service, deleting any Applications, and, if applicable, closing Your Account. Termination of these Terms does not automatically cancel any active Subscription; see the Subscription Terms for subscription-specific cancellation, renewal, and refund rules.

The License Agreement governs the effect of termination on Application licenses, and the Subscription Terms govern the effect of termination on subscription billing, renewal, cancellation, and refund rights.

Termination of these Terms will not limit any of the Company’s rights or remedies at law or in equity.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, members, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable legal fees, due to or arising out of: (a) Your use of the Service; (b) Your violation of these Terms, the License Agreement, the Subscription Terms, or any law or regulation; (c) Content submitted, posted, or transmitted by You; or (d) Your violation of any right of a third party.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Service during the twelve (12) months preceding the event giving rise to the claim. If You have not purchased anything through the Service, the total liability shall be limited to 100 USD (or the local equivalent).

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, production delays, missed deadlines, cost of rework, or cost of substitute goods or services, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of California, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, You agree to first contact the Company at support@videovillage.com and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved within that period, either party may proceed as set forth below.

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Sacramento, California, provided that either party may elect to participate by telephone or video conference.

The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the enforceability of this arbitration provision. The arbitrator shall apply the substantive law of the State of California (without regard to conflict-of-law principles). The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Sacramento County, California, or in the county of Your residence, if the claim qualifies for small claims court jurisdiction.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to the Company at support@videovillage.com within thirty (30) days of first accepting these Terms. Your notice must include Your name, mailing address, and a clear statement that You wish to opt out of this arbitration provision. If You opt out, neither party shall be required to arbitrate disputes, and disputes shall be resolved in the state or federal courts located in Sacramento County, California.

Mass Filing Procedures

If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel (“Mass Filing”), the following procedures apply. Counsel for the claimants and counsel for the Company shall each select five (5) claims to proceed as initial bellwether cases. All other claims in the Mass Filing shall be stayed pending resolution of the bellwether cases. Following resolution of the bellwether cases, the parties shall engage in a single mediation of all remaining claims. If mediation does not resolve the remaining claims within thirty (30) days, they shall proceed in batches of no more than ten (10) at a time unless the parties agree otherwise. Arbitration fees for stayed claims shall not accrue until those claims are designated to proceed. The statute of limitations and any filing-fee deadlines shall be tolled for claims that are stayed under this provision.

International and EU Carve-Out

This Dispute Resolution section applies to the maximum extent permitted by applicable law. For residents of the European Union, European Economic Area, United Kingdom, or any other jurisdiction where mandatory arbitration of consumer disputes is prohibited by law, this arbitration provision does not apply. Disputes for such residents shall be resolved in the courts of competent jurisdiction in accordance with applicable law.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms limits rights that cannot be waived under applicable consumer protection law.

Government End Use Provisions

If You are a U.S. federal government end user, the Service and related documentation are deemed “commercial items” or “commercial computer software” according to FAR section 12.212 and DFAR section 227.7202, and the documentation is “commercial computer software documentation” according to DFAR section 252.227-7014(a)(1) and (5). Any use, modification, reproduction, release, performance, display, or disclosure of the Service by the U.S. federal government will be governed solely by these Terms and all other use is prohibited.

If You are a state, local, or other government entity, Your use of the Service is subject to these Terms without modification except as required by applicable mandatory procurement law.

You may not remove or export from the United States or allow the export or re-export of the Service or any related technology or materials in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury’s Office of Foreign Assets Control (OFAC), or any other United States or foreign agency or authority. You represent and warrant that You are not (a) located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; (b) listed on any United States government list of prohibited, restricted, or sanctioned parties, including OFAC’s Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons List or Entity List, or the UN Security Council Consolidated List; nor (c) 50% or more owned by any party designated on any of the above lists.

Force Majeure

Neither party will be liable for a delay or failure to perform its obligations under these Terms if and to the extent caused by an event beyond that party’s reasonable control, including but not limited to natural disasters, war, pandemic, riot, act of terrorism, government action, or public utility or internet failure (a “Force Majeure Event”). A Force Majeure Event does not excuse Your obligation to pay Fees accrued prior to the event.

Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms upon at least thirty (30) days’ prior written notice in connection with a merger, change of control, reorganization, or sale of all or substantially all of its assets. Any attempted but non-permitted assignment is void. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

Survival

The following sections, together with any other provisions that by their nature should survive, will survive any termination or expiration of these Terms: Intellectual Property, Your Feedback to Us, Indemnification, Limitation of Liability, “AS IS” and “AS AVAILABLE” Disclaimer, Dispute Resolution, Governing Law, Severability and Waiver, and any accrued payment obligations.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

These Terms, together with the Privacy Policy, the License Agreement (if You use an Application), the Subscription Terms (if You purchase or use a Subscription), and any applicable product, checkout, or promotion terms presented at the time of purchase, constitute the entire agreement between You and the Company regarding Your access to and use of the Service and supersede all prior and contemporaneous written or oral agreements regarding the same subject matter.

Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You should stop using the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact Us by email at support@videovillage.com.