Terms Of Use & Privacy Policy

Bookvid

Terms of Service

Last Updated: March 27th, 2023.

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Bookvid (“Company,” “our,” “us,” or “we”) provides its services to you through its website, bookvid.com (the “Platform”) and our related services, including our online video meeting tool, products, and content (“Content” and together with the Platform, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By accessing any part of the Services, you are agreeing to the terms and conditions described here, our Privacy Statement, and any other legal notices published by us on the Platform. If you do not agree to these terms, you should not use the Services.

These Terms apply to all users, including both website visitors, users who have registered to view content (“Users”) and content creators (“Hosts,” and together with Users, “Members”).

Accounts

To use the Services, you will be required to create an account. When you create an account you represent and warrant that you are at least 18 years of age. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Bookvid reserves the right to verify this at any time. Bookvid will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.

We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.

You are responsible for your use of Bookvid, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service.

Bookvid's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Payment collection services for Bookvid are provided by Stripe and are subject to Stripe’s https://stripe.com/legal/end-users.

Payout services for Bookvid are provided by Paypal & Venmo, subsidiaries of Braintree, and are subject to Paypal’s Terms of Service and Venmo’s Terms of Use.

Video services for Bookvid, are provided by Daily.co, a Delaware corporation with a principal place of business at 1925 48th Ave, San Francisco, CA USA, and are subject to the Daily.Co Terms of Use.

Email and SMS services for Bookvid are provided by Twilio and are subject to Twilio’s Terms of Use.

By agreeing to these terms and continuing to use Bookvid, you agree to be bound by above mentioned Terms of Services of our service providers Stripe, Paypal, Venmo, Braintree, Daily, and Twilio, as the same may be modified by Stripe, Paypal, Venmo, Braintree, Daily, and Twilio from time to time.

Your use of Bookvid requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Bookvid.

Bookvid Services

Bookvid does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Member Content (defined below). Hosts alone are responsible for their content, including listings and services. When Users and Hosts make or accept a booking, they are entering into a contract directly with each other. Bookvid is not and does not become a party to or other participant in any contractual relationship between Users and Hosts. Bookvid is not acting as an agent in any capacity for any User or Host, except for collecting Service fees, as described herein.

Bookvid has no control over and does not guarantee (i) the trust or accuracy of any Host’s listing descriptions, ratings, reviews, or other Member Content, or (ii) the performance or conduct of any Host or User or third party. Bookvid does not endorse any Member, listing, or Member Content. Any references to a Member being “verified” (or similar language that may be used from time to time) only indicate that the Member has completed a relevant verification or identification process. Any such description is not an endorsement, certification, or guarantee by Bookvid about any Member, including of the Member’s identity or background, or whether the Member is trustworthy, safe, or suitable.

Bookvid reserves the right to refuse to provide the Services to any person, including Members, for any reason and/or to discontinue the Services in whole or in part at any time, with or without prior notice.

Intellectual Property Rights

• Content, Technology, and Trademarks. You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Bookvid, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, except that the foregoing does not apply to your own Member Content that you legally create or upload to the Service.
  In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Bookvid from accessing the Services for any reason, you agree not to implement any measures to circumvent such blocking. Any use of the Services or the Platform other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Bookvid (“Technology”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Technology. Any rights not expressly granted herein are reserved by Bookvid.
  The Bookvid name and logos are trademarks and service marks of Bookvid (collectively, the “Bookvid Trademarks”). Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Bookvid Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Bookvid Trademarks will insure to our exclusive benefit.
  
  
• Third Party Material. Under no circumstances will Bookvid be liable in any way for content or materials of third parties (including Users or Hosts), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Bookvid does not pre-screen content, but that Bookvid and its designees will have the right (but not the obligation) in their sole discretion to remove any content that is available via the Services. Without limiting the foregoing, Bookvid and its designees will have the right to remove any content that violates these Terms or is deemed by Bookvid, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
• Member Content. With respect to the content or other materials you upload to the Services or share with other users or recipients (collectively, “ Member Content”), you represent and warrant that you own all right, title, and interest in and to such Member Content, including, without limitation, all copyrights and rights of publicity contained therein, and you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By generating or uploading any Member Content, you grant to Bookvid a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your Member Content in any and all media, form, technology, or distribution methods known now or later developed and for any and all purposes.
  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Bookvid are non-confidential and Bookvid is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
  You acknowledge and agree that Bookvid may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Bookvid, its Members, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve transmission over various networks and changes to conform to technical requirements of connecting networks or devices.
• Health and Medical Disclaimer. Bookvid does not provide medical advice. You acknowledge and agree that the Service is not intended to be, and shall not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Bookvid will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.
• Copyright Complaints. Bookvid respected the intellectual property of others. If you believe in good faith that any content on the Services infringe upon your copyrights, please send the following information to Bookvid’s Copyright Designated Agent at support@Bookvid.com.

1. 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 that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
6. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
   
   

• You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
  Bookvid Inc.
  651 N. Broad St.
  Ste 206
  Middletown, DE 19709
  USA
• Counter-Notice. If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Member Content, you may send a written counter-notice containing the following information to the Copyright Agent:

1. your physical or electronic signature;
2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
4. and your name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Bookvid is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

• If a counter-notice is received by the Copyright Agent, Bookvid may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Host or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Member Obligations

When you register an account and/or use the Services, you agree:

1. To use the Services only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other Member.
2. Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications and content through the Services;
3. To not upload any copyrighted, trademarked, or proprietary materials on the Services without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
4. To assume full responsibility for the content of the Services offered;
5. That certain content is posted publicly and may be viewed and accessed by any Member;
6. That you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
7. You will not share content from the Services with anyone who is not properly licensed to access the content;
8. You will not upload, share, post, distribute, link to, promote, endorse, or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains 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 otherwise violates our rules or policies;
9. You will not share personal information about others, without their consent;
10. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
11. You will not share 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;
12. You will not impersonate any person or entity, including any of our employees or representatives;
13. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

Bookvid reserves the right to report illegal activity to applicable local authorities.

Host Obligations

When you publish content on the Platform, you:

1. Will honor any and all enrollments on the Platform at the price and time listed in the Services, and to not refuse enrollments or participation by any Member for any discriminatory or illegal reason;
2. Agree that any content you submit, post, publish, or otherwise disseminate to the Service will not contain third party copyright, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material;
3. Represent and warrant to Bookvid that you will at all times conduct yourself in compliance with all applicable laws;
4. Understand that Members will have the ability to post a review of your content. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a Member may include in any such review;
5. May choose to remove content and will continue to own such content, but we will continue to have the right to use that content and to provide it to Members who have paid for or enrolled in your content.

User Obligations

When you access Member Content, you agree:

1. To be respectful of others and to not take any actions to interfere with any other Members’ enjoyment of the Services;
2. To access Member Content only for your personal use;
3. To not copy any materials or techniques for your own commercial use;

Bookvid reserves the right to delete or suspend any account if we determine, in our sole discretion, that a Member has violated any of the obligations described herein.

Service Fees

Bookvid may charge fees to Hosts ("Host Fees") and/or Users ("Users Fees") (collectively, "Service Fees") in consideration for the use of the Services. More information about when Service Fees apply and how they are calculated can be found in our FAQs.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host prior to creating a paid service, or scheduling a paid event. Bookvid reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any purchases made prior to the effective date of the fee change.

User Payment processing services for Bookvid, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement — United States (“Stripe Services Agreement”). By agreeing to these terms and continuing to use Bookvid, Users agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Bookvid enabling payment processing services through Stripe, you agree to provide Bookvid accurate and complete information about you and your business, and you authorize Bookvid to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.

Host payouts are processed using PayPal/Venmo Inc. (PayPal) and are subject to the PayPal Terms of Service - Venmo United States Customer Agreement and Privacy Policy (USA). By agreeing to these terms and continuing to use Bookvid, you agree to be bound by the PayPal and Venmo Customer Agreement as the same may be modified by PayPal or Venmo from time to time. As a condition of Bookvid enabling payment processing services through PayPal and Venmo, you agree to provide Bookvid accurate and complete information about you and your business, and you authorize Bookvid to share with PayPal and/or Venmo Inc. this information and transaction information related to your use of the payment processing services provided by PayPal.

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Refunds

1:1 Calls

If you would like to request a refund, you must do so within 24 hours of the call. Please email support@Bookvid.com to request a refund. Please explain in sufficient detail why you are requesting a refund.

Paid Series/Events/Packages

You can request a refund of a paid series with all parts live within five (5) days of the start of the course, if less than 25% of the content is consumed. Please email support@Bookvid.com to request a refund. Please explain in sufficient detail why you are requesting a refund.

Special Circumstances

If you believe there are special circumstances and would like to request a refund, please email us at support@Bookvid.com to ask for an exception. Please explain the special circumstances in sufficient detail.

Referral Program

You may participate in our Referral Program by referring potential Hosts to the Service. Under the Referral Program, you will earn 2.5% of the referred Host’s revenue for twelve (12) months following the referred Host’s account creation date (a “Referral Earnout”).

In order to receive a Referral Earnout, you must do the following: (i) log in to your Bookvid account on the Service and select the “Refer a Member” link; (ii) share the unique referral link provided via social media or via email; and (iii) a referred Host must sign up through your unique referral link, and create an account. You will receive your Referral Earn when the referred Host begins earning making on the Platform. The referred Host will receive the credit within thirty (30) days of account creation.

We reserve the right to modify or cancel the Referral Program at any time or adjust the Referral Program per Host. We also reserve the right to suspend or block any accounts and withhold Referral Earnouts if we suspect any suspicious activity, such as spamming or other abusive practices.

Communications

Bookvid may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.

Bookvid may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt out to receiving such communication and can manage your consents in the Notifications tab of your dashboard.

Integrations

We may make available functionality allowing you to integrate other services (“Integration Service”) into Bookvid. Usage of such services will be governed by the Terms applicable for the Integration Service used.

When using the Services or third-party integrations to the Services, you may be exposed to commercial messages and advertisements. The Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Bookvid of the contents of such third party websites. Bookvid excludes any responsibility for the content of linked third party websites.

Termination

You may stop using our Service, by deleting your account in your account settings or by contacting Bookvid at Support@Bookvid.com, and requesting account deletion. You may terminate your subscription at any time. Bookvid reserves the right to terminate the Services and the agreement with you with immediate effect upon written notice to you.

Disclaimer of Warranties

Bookvid PROVIDES THE SERVICES TO YOU "AS IS". YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT ERROR-FREE. YOU USE IT AT YOUR OWN RISK AND DISCRETION. THAT MEANS THE SERVICES DOESN’T COME WITH ANY WARRANTY. NONE EXPRESS, NONE IMPLIED. THE SERVICES WILL BE CONTINUALLY DEVELOPED, AND YOU ACKNOWLEDGE THAT CHANGES TO FUNCTIONALITY AND LAYOUT MAY BE CARRIED OUT WITHOUT ADVANCE NOTICE. Bookvid MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE AND QUALITY OF THE SERVICES. Bookvid WILL FROM TIME TO TIME HAVE TO CARRY OUT UPDATES AND MAINTENANCE OF THE SERVICES, DUE TO TECHNICAL, SECURITY OR OPERATIONAL REASONS, DURING WHICH TIME THE SERVICES MIGHT BE UNAVAILABLE. Bookvid WILL MAKE REASONABLE EFFORTS TO ARRANGE UPDATES AND MAINTENANCE OUTSIDE OF PEAK USAGE HOURS.

Limitation of Liability

IN NO EVENT SHALL Bookvid 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 SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, Bookvid SHALL NOT BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A USER AND A HOST.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold the Bookvid and its partners harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

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Binding Arbitration; Class Waiver

YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND Bookvid OR YOU AND ANY OF THE BOOKVID PARTNERS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO BOOKVID, THE PLATFORM, THE CONTENT OR THE SERVICES, OR ANY OTHER BOOKVID GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Bookvid will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Bookvid also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in New Castle County, Delaware except that, in the event New Castle County, Delaware is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence in Bookvid’s discretion, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Bookvid agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New Castle County, Delaware and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New Castle County, Delaware subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New Castle County, Delaware for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that requires arbitration of disputes with Bookvid. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Bookvid to: 651 N. Broad, St. Ste 206, Middletown, DE 19709 USA. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your Member account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to 651 N. Broad, St. Ste 206, Middletown, DE 19709 USA. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at 651 N. Broad, St. Ste 206, Middletown, DE 19709 USA ATTN: Bookvid Arbitration Opt-Out within 30 days of the effective date of such modifications.

Miscellaneous

1. Notices. Any notices to you from Bookvid regarding the Services or these Terms may be made by email, a posted notice on the Platform, or regular mail, in our sole discretion.
2. Electronic Communications. When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
3. Entire Agreement. These Terms and any other agreements Bookvid may post on the Services or that you and Bookvid may execute from to time constitute the entire agreement between Bookvid and you in connection with your use of the Service and supersede any prior agreements between Bookvid and you regarding use of the Services, including prior versions of these Terms.
4. Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Bookvid may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms to any affiliate or partner of Bookvid or to another third party in the event that some or all of the business of Bookvid is transferred to such other third party by way of merger, sale of its assets or otherwise.
5. Severability. All parts of these Terms apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. We both agree that if we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in the Terms, the invalidity of part of this Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
6. No Agency Relationship. Neither these Terms, nor any content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and Bookvid. You may not enter into any contract on our behalf or bind us in any way.
7. Force Majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
8. Choice of Law. The Terms shall be governed by and interpreted in accordance with United States law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United States courts.

More questions?

You will find answers to the most frequently asked questions about the Services on the Platform. You can also contact our support team at support@Bookvid.com. We aim to answer most questions within 24 hours.

Last Updated: March 27th, 2023.

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Privacy Policy

Last updated: February 28, 2021

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is 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

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Terris Technologies LLC, 1255 Kearny Street.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: California, United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to BookVid, accessible from https://bookvid.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.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• Phone number
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
• Type: Session Cookies
• Administered by: Us
• Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: support@bookvid.com

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