Terms of Service for 23 Video

23 Video is developed and maintained by 23 Visual Aps (23). By using the service 23 Video or any other services by 23 Visual Aps, you agree to be bound by the following terms and conditions ("Terms of Service").

23 reserves the right to update and change the Terms of Service from time to time. All customers will receive advance notice one month before any such change. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Service. 23 cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.

1: Customer Organization Service Terms

  1. You are responsible for all Content posted and activity that occurs under your account on the Service (even when the Content is posted by others, e.g. end users who have accounts under your account).

  2. You may not use the Service for illegal purposes. You must not, in the use of the Service, violate any laws in your jurisdiction or the laws of Denmark (including, but not limited to, copyright laws). 23 reserves the right to take necessary action to comply with the law and with judicial rulings, including, but not limited to, removing your Content from the service.

  3. You agree to not use the Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

  4. You remain the owner of the content. 23 is merely providing a service that publish your content to the public or a group of individuals.

2: Payment and Refunds

  1. The Service is billed every three months in advance. The billing amount is USD $675, or other currency equivalent, (excluding value added tax) a month and include 1 TB of traffic. The billing amount is not refundable.

  2. By default you pay for three months in advance. Alternatively it is possible to pay for six and twelve month periods. Payment terms are 8 days on invoice.

  3. Traffic exceeding 1 TB per month is billed every three months in arrears. The billing amount per extra TB, or part thereof, is $250 (excluding VAT). This is additional to the cost of service.

3: Cancellation and Termination

  1. You can terminate your account at any time, effective from the beginning of next payment cycle.

  2. Failure to pay will result in the termination of your account. Prior to the termination the registered owner will receive three notices. From time of termination you will no longer be able to download your original video files. 23 does not accept any liability for loss resulting from termination of your account.

4: Copyright and Content Ownership

  1. 23 claims no intellectual property rights over the material you and/or end users provide to the Service, including data, text, information, screen names, graphics, photos, profiles, audio and video clips, links, photos, comments, customizations and HTML/CSS ("Content") that you submit and display on the 23 service. Your profile and materials uploaded remain yours. However, if setting your pages to be shared publicly, you agree to allow others to view and share your Content.

  2. As the author / rights holder of the Content, you grant 23 permission to use the Content as required to service your account. These include, but are not limited to, copying the Content between servers operated by 23 and our technical partners, and transmitting the Content to users as per your settings.

  3. Any and all parts of the technology, including, but not limited to code, belongs by copyright to 23. All rights reserved.

  4. As the author / rights holder of the Content, you grant 23 permission to collect and use anonymized data to display user patterns.

5: Service and Support Level

  1. The service is provided by 23 on a best effort basis, with no specific service level guarantee.

  2. Support can be reached through phone or e-mail. Response is provided as soon as possible and guaranteed within the next business day.

  3. 23 reserves the right to take action to protect our network and computing resources against harmful activity that interferes with the operation of the Service. This includes, but is not limited to, temporarily suspending or degrading access to the Service for some or all users.

6: General Conditions for End Users and Customer Organizations

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

  2. You understand that 23 uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by 23.

  4. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  5. You expressly understand and agree that 23 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 23 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

  6. You agree that 23 may selectively enforce the rights and provisions of the Terms of Service. You also agree that if any provision of the Terms of Service are found to be invalid or unenforceable, you nevertheless agree to give effect to the intentions reflected in the provision, and all other provisions remain in effect.

  7. These Terms of Service constitute the entire agreement between you and 23 regarding the use of the Service, unless otherwise specified in writing. No modification to these Terms of Service shall be valid unless executed in writing.

  8. The Terms of Service shall be governed by the laws of Denmark. You agree to the exclusive jurisdiction of the courts in Copenhagen, Denmark, over any legal action or proceeding arising from these Terms of Service or your use of 23 Video.

23 Visual Aps
Slotsgade 2, 2
2200 Copenhagen N
Denmark

Phone: +45 33 98 63 26
Business registration number: DK-30070860

Last modified October 2011.