VideoAmp Terms of Use

The following terms and conditions (as amended from time to time, the “Terms of Use”) govern your access to and use of the website owned and operated by VideoAmp, Inc. (“VideoAmp”, “we”, “us”, “our”) located at www.VideoAmp.com (the “Site”) whether as a visitor or prospective or current customer using any services provided by us. Any information we collect on this Site, including those collected by cookies, tags, or pixels, is subject to our Website Privacy Policy, which is incorporated into the Terms of Use by this reference.

IMPORTANT NOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS CONTAIN LIMITATIONS IN LIABILITY IN SECTION 8. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS. BY AGREEING TO BE BOUND BY THE TERMS OF USE HERE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION AND AGREE TO ALL WAIVERS OUTLINED IN SECTION 9.

1. Use of the Site

By using or accessing this Site, you agree to and accept these Terms of Use and you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Policy. Your continued use of the Site after any changes constitutes your acceptance of any new Terms of Use. If you do not agree to these or any future Terms of Use, you must not use or access (or continue to use or access) the Site. In addition, when using certain services offered by us or through the Site, you may be subject to additional terms applicable to such services including those that may be posted on the Site from time to time. In the event of any conflict, such additional terms will prevail over these Terms of Use solely to the extent of the conflict.

We may revise and update, at our sole discretion, any or all portions of these Terms of Use at any time without further notice to you. When we do this, we will update the “Last Updated” date below. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. You should periodically visit this page to review the latest Terms of Use so you are aware of any revision to which you are bound.

2. Restrictions on Use

This Site is offered and intended for use by users who are 18 years of age and who are acting in a business or professional capacity. By using this Site, you represent and warrant that you meet the foregoing requirement. You cannot use this Site if you do not meet these requirements.

In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content (as defined below) other than as specifically authorized by VideoAmp in these Terms of Use is strictly prohibited. Furthermore, you may not use the Site in any way that (i) violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries); (ii) impersonate or attempt to impersonate VideoAmp, a VideoAmp employee, another user, or any other person or entity; (iii) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (iv) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose; or (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

3. Emails

While on our Site, you may be prompted to provide your email address and/or other contact information to join our mailing list or otherwise request communication from us. By providing your email address and other contact information, you consent to receiving emails from VideoAmp and otherwise being contacted by VideoAmp. You may opt out of receiving marketing communications from us by clicking the “Unsubscribe” button at the bottom of any marketing emails we send. If your email address changes, you are responsible for notifying us of that change. For more information on how we use your information, see our Website Privacy Policy.

4. Site Content and VideoAmp IP

The Site and its entire contents, features, functionality, products, and services (including but not limited to all information, software, text, displays, images, video and audio, the VideoAmp name, logos, and the design thereof) (collectively, “Site Content”) are owned by VideoAmp, its licensors or other providers of such material. You acknowledge and agree that the Site Content is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by VideoAmp, you agree not to modify, copy, download, frame, scrape, rent, lease, loan, sell, distribute, record, or create derivative works based on the Site or the Site Content, in whole or in part. Between you and the Company, both the Site and Site Content, as well as any and all intellectual property rights therein (including but not limited to copyright, patent, trademark, trade secret, or other intellectual property rights) are owned by VideoAmp collectively the “VideoAmp IP”. Other company products and service names and logos used and displayed throughout the Site may be trademarks or registered trademarks of VideoAmp and/or their respective owners. Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any VideoAmp IP displayed on the Site, without VideoAmp’s prior written permission in each instance. All goodwill generated from the use of VideoAmp IP will inure to our exclusive benefit.

5. Third Party Materials and Release

Under no circumstances will VideoAmp be liable in any way for any content, links, cookies, pixel tags or any other materials of any third parties on the Site, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that VideoAmp and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, VideoAmp and its designees will have the right to remove any content that violates these Terms of Use or is deemed by VideoAmp, 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 on the Site, including any reliance on the accuracy, completeness, or usefulness of such content.

The Site may provide, or third parties may provide, links or other access to third party sites and resources. VideoAmp has no control over such sites and resources and VideoAmp is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that VideoAmp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that VideoAmp is not liable for any loss or claim that you may have against any such third party. Furthermore, you will be solely liable for any use of VideoAmp content, VideoAmp IP and third party materials on this Site.

6. Indemnity

You agree to indemnify, defend and hold harmless VideoAmp, its subsidiaries, its affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, expenses, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or resulting from your violation of these Terms of Use or your use of the Site, including but not limited to, any use of the Site Content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site. We reserve the right to withdraw or amend this Website, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

7. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIDEOAMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VIDEOAMP MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIDEOAMP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIDEOAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

9. Dispute Resolution/Arbitration and Class Action Waiver

Final and binding arbitration: In the event of any controversy or claim arising out of or relating to these Terms of Use, your use of the Site, services you receive from us (including advertising related services) or the relationship between us (including any question regarding its existence, validity, termination or breach of these terms), you and the Company both agree that we will consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a satisfactory solution. If we do not reach settlement within a period of sixty (60) days, then, upon notice by either one of us to the other, you and the Company both agree to handle any unresolved controversy or claim shall be required to be settled by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York State law. The place of arbitration shall be in New York City, New York, U.S.A. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither you, us, nor either of our representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither you nor we may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. By accepting these Terms of Use, YOU AND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT WHERE THE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN JURISDICTION OF SUCH COURT) AND YOU AND WE ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. You agree to an arbitration solely on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST ANOTHER PARTY IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You should provide notice of any dispute to us in writing either by mail at 12121 Bluff Creek Drive, Suite 150, Los Angeles, CA 90094 or by email at legal@videoamp.com. Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. Any notice must describe the nature of the claim and the relief being sought.

10. General

These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims arising in connection with your use of the Site, you and VideoAmp agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York.

The failure of VideoAmp to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, you and we nevertheless agree that that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. A printed version of this Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of VideoAmp, but VideoAmp may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. VideoAmp may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

These Terms of Use constitute the entire agreement between you and VideoAmp and govern your use of the Site, superseding any prior agreements between you and VideoAmp with respect to your use of the Site.

LAST UPDATED: MAY 28, 2025