Terms of Service
Uvidy.com (Site) is a Live Streaming Venue for Commerce and Fundraising Uvidy.com (Site) is a fully monetized Live Video Platform as a service .for people to showcase and market their personalities, talents, and skills, allowing broadcasters to provide live and recorded instructional video and reality-based interactive shows.
Any additional terms and conditions applied for specific areas or information will supersede the terms set out in this agreement is they are in conflict.
BY REGISTERING FOR OR USING THIS SITE, SERVICES OR CONTENT YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you are using this site on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service.
Users and Broadcasters
Participants on Uvidy.com INC generally fall into two categories, people utilizing fund-raising features or showcasing their talents, skills and knowledge are referred to as "Broadcasters". People seeking the talent, skills and knowledge of Broadcasters, or otherwise using the Uvidy.com INC service in a capacity other than a Broadcaster, are referred to as "Users".
Uvidy.com INC provides a platform where Users can locate a Broadcaster and ask for advice or services. Uvidy.com INC enables Users to negotiate and communicate with Broadcasters and to pay for services provided. Uvidy.com INC makes no representation or warranty whatsoever as to (a) the willingness or ability of any Broadcaster to give advice, (b) the User's satisfaction in the advice given by a Broadcaster, or (c) the suitability of the Broadcaster's advice to the User's needs. Uvidy.com INC does require verification of licensure for regulated professions such as Lawyers and Doctors. However, this is not a guarantee of the fitness or quality of individual Broadcasters. Therefore, User is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Broadcasters from whom he or she receives or contemplates to receive advice or services.
Uvidy.com INC DOES NOT WARRANT THE VALIDITY, ACCURACY, SAFETY, LEGALITY, OR QUALITY OF THE ADVICE, CONTENT OR ANYTHING SAID OR WRITTEN BY ITS BROADCASTERS. Uvidy.com INC WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY BROADCASTER. Uvidy.com INC DOES NOT ENDORSE, REFFER, RECOMMEND, VERIFY OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY BROADCASTERS, AND NOTHING SHALL BE CONSIDERED AS A ENDORSEMENT, REFERRAL. RECOMMENDATION OR GUARANTEE OF ANY BROADCASTER.
Uvidy.com INC IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THE RELATIONSHIP, ADVICE OR INFORMATION PROVIDED BY MEDICAL OR MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER BROADCASTERS.
ADVICE OR INFORMATION PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE USER BY A DOCTOR. USERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIA BROADCASTERS ON THE SITE. Uvidy.com INC RECOMMENDS THAT A USER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
Broadcasters are NOT employees or agents of Uvidy.com INC and Uvidy.com INC assumes no responsibility for any act or omission of any Broadcaster. User understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Broadcaster may have been accessed through the Site, Uvidy.com INC cannot predict or assess the competence of, or appropriateness for User's needs, of the professional or other Broadcaster. User takes full responsibility for the decision to access a mental health professional, physician, attorney or other Broadcaster through the Site and to continue to interact with the medical or mental health professional, physician, attorney or other Broadcaster. the function of Uvidy.com INC is strictly limited to providing access to such professionals and other Broadcasters and their services. User hereby releases and agrees to hold harmless Uvidy.com INC , its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians, attorneys or any other Broadcasters accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Uvidy.com INC may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, Uvidy.com INC operates bulletin where Broadcasters may answer questions regarding various topics. Uvidy.com INC does not warrant the validity or accuracy of the content and Broadcaster advice provided and it will not be liable for any damages sustained by User due to reliance on such information or advice. The information provided by Broadcasters is intended for general reference purpose only. Consultation with Broadcasters via Uvidy.com INC does not replace an in person meeting with a professional. User is encouraged to verify the information provided by Broadcasters. Any information on Uvidy.com INC and information provided by Broadcasters is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON PROVIDED INFORMATION IS DONE AT THE USER'S FULL AND SOLE LIABILITY.
Disclaimer of Warranty and Limitation of Liability
USER ACKNOWLEDGES AND AGREES THAT THE Uvidy.com INC SERVICE IS PROVIDED "AS IS", AND THEREFORE USER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST Uvidy.com INC IN RESPECT TO Uvidy.com INC 'S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE USER'S NEEDS. THE USE OF Uvidy.com INC IS AT THE USER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, Uvidy.com INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Uvidy.com INC EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MEMBERS. IF A USER RELIES UPON INFORMATION PROVIDED BY A MEMBER, USER MUST EXERCISE A HIGH STANDARD OF CARE TO VERIFY THE ACCURACY OF THAT INFORMATION. THE USER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST Uvidy.com INC , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE USER DECIDES TO RECEIVE AND/OR TO RELY ON. THE PURCHASE OF SERVICES IS EFFECTED AT THE USER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL Uvidy.com INC , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. Uvidy.com INC , ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY USER TO MEMBERS THROUGH Uvidy.com INC IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. USER ACKNOWLEDGES AND AGREES THAT Uvidy.com INC DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PAYMENT FOR SERVICES BY THE USER AND USER AGREES TO INDEMNIFY AND HOLD Uvidy.com INC HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
Uvidy.com INC WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT MADE BETWEEN A MEMBER AND A USER, INCLUDING A USER FEE AGREEMENT. USER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Uvidy.com INC, MEMBER/USER HEREBY RELIEVES Uvidy.com INC , ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH USER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
User will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Uvidy.com INC you will act according to the following rules and agree to the following:
- User bears the responsibility to verify the Broadcaster's identity, qualifications, credentials, licenses held, and other information delivered to User by a Broadcaster;
- Uvidy.com INC cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Broadcasters;
- Uvidy.com INC does not control the quality, relevance or accuracy of the advice, whether the Broadcaster is qualified to provide the specific advice, whether the Broadcaster is categorized correctly or in the most appropriate category;
- All interactions between User and Broadcaster will be billed through Uvidy.com INC regardless if the interaction is online or offline. User agrees to abide by the pricing terms agreed upon with a Broadcaster while utilizing Uvidy.com INC and to pay Uvidy.com INC for all services rendered to User by Broadcasters;
- User will not take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site. Only ratings for paid sessions of $5.00 and more will count towards the Broadcaster's public ratings and rating average. User may not post ratings for him/her self as a Broadcaster, or if a Broadcaster is a family member or business partner, or negative postings for Broadcasters in the same field employment as User of a family member or business partner of User. Uvidy.com INC reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system;
- User will not interfere with or disrupt the Uvidy.com INC servers or networks connected to the Site;
- User will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", "spam", or any unsolicited mass distribution of email or bulletin board postings;
- User will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
- User will not disobey or breach this Agreement or any other applicable instructions conveyed by Uvidy.com INC;
- User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- User will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- When sharing file attachments with Broadcasters it is the User's responsibility to scan files with an anti-virus software application prior to opening them;
- User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
- User will not stalk, threaten or harass Broadcasters or other Users or infringe upon or attempt to infringe upon their privacy;
- Uvidy.com INC may review the User's personal profile and amend any typing or spelling errors.
- Uvidy.com INC cannot and will not examine the validity or accuracy of the details in the User's personal profile or in any of the User's postings or transmissions. However, Uvidy.com INC may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Uvidy.com INC may remove any content violating this Agreement. The User will bear all the risks associated with the uploading and transmitting of material while utilizing Uvidy.com INC .com, including reliance on its accuracy, reliability or legality.
- User will not purchase, attempt to purchase or have shipped, the following items: (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law.
- User will indemnify Uvidy.com INC for any claim arising from information, data or any other content User posts, uploads, shares or publicizes on or through Uvidy.com INC.
Broadcasters will be solely and fully liable for all conduct, services, advice, postings and transmissions made through Broadcaster's account. You represent, warrant and declare that while you are using Uvidy.com INC as a Broadcaster, you will act according to the following rules:
- Broadcaster will be solely responsible for the services provided to Users and to the verification of Users' identity and other information delivered to you by Users;
- As a platform where Broadcaster can offer services, Uvidy.com INC is not involved in any transactions between Broadcaster and Users. Uvidy.com INC does not control the accuracy of any postings on the Site or transmissions through it by Users. In addition, Uvidy.com INC cannot and will not make any effort to verify the identify of any of its Users;
- Broadcaster agrees that any information or content that Broadcaster posts or transmits through Uvidy.com INC will not be considered confidential information. Broadcaster further agrees and consents to the Broadcaster's About information being shared internally by Uvidy.com INC and third parties as designated solely by Uvidy.com INC
- Broadcaster grants Uvidy.com INC an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis;
- Broadcaster will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a User. Broadcaster will not answer questions or provide advice in fields that are not within Broadcaster's fields of Expertise;
- Broadcaster will not misrepresent Broadcaster's qualifications or ability to provide services outside Broadcaster's fields of Expertise;
- Broadcasters are wholly responsible for fulfilling obligations both implied and stated in any Broadcasters listing they create. Uvidy.com INC reserves the right to cancel any broadcaster's listing or remove a broadcaster's channel for any reason.
- Broadcaster will not take any actions which may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site. Currently only ratings for paid sessions of $5.00 and more will count toward the Broadcaster's public ratings and rating average. Uvidy.com INC may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. Uvidy.com INC also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the User feedback system;
- Broadcaster will not interfere with or disrupt the Uvidy.com INC site or servers or networks connected to the Site;
- Broadcaster will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
- Broadcaster will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
- Broadcaster will not disobey or breach this Agreement or any other applicable instructions conveyed by Uvidy.com INC or its officers;
- Broadcaster will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- Broadcaster will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- Broadcaster will not impersonate any person or entity, or make any false statement regarding Broadcaster's employment, agency or affiliation with any person or entity;
- Broadcaster will not stalk, threaten or harass Users or other Broadcasters or invade or attempt to invade their privacy;
- Broadcaster will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- Broadcaster will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
- Broadcaster will not sell, offer for sale, or have shipped, the following items: (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law.
- Broadcaster will not disclose any information that was provided to Broadcaster by a User and will use his or her best efforts to guard User's privacy; and
- Broadcaster agrees to comply with all applicable laws regarding use of this Site. Broadcaster may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Uvidy.com INC or others. Broadcaster agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person's use of the Site. Broadcaster may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
- Broadcaster will indemnify Uvidy.com INC for any claim arising from advices, information, data or any other content User posts, uploads, shares or publicizes on or through Uvidy.com INC.
Uvidy.com INC Fees and Services
Joining and setting up a Channel on Uvidy is free. Uvidy.com INC does not charge any fees for Broadcaster to facilitate commerce or fundraising events. Uvidy.com INC provides certain features that can be utilized by broadcasters to monetize their feeds. Uvidy.com INC currently does not charge any fees to broadcasters or users for these features. Changes to the Fees Policy and the fees for Uvidy's services are effective after Uvidy provides you with at least seven (7) days' notice by posting the changes on the Site. Uvidy may, at Uvidy's sole discretion, change some or all of Uvidy's services at any time. In the event Uvidy introduces a new service, the fees for that service are effective at the launch of the service.
All monetary transactions facilitated on Uvidy.com INC between broadcaster and user are handled through the broadcaster and user's respective PayPal Accounts. Uvidy.com INC does not at anytime accept or hold monies on behalf of Broadcasters or Users.
Each Broadcaster is responsible for outlining their services and refund policy on the channel profile. These policies may include, for example, shipping, returns, payment and selling policies. Policies must be reasonable and in good faith, and must abide by the policies of paypal and Uvidy.com INC. Uvidy .com reservers the right to ask that a channel modify their channel policy at any time.
Binding Sale: All sales are binding. The Channel Broadcaster is obligated to ship and or deliver the service or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Uvidy.com INC will not make any attempt to resolve disputes between Broadcasters or Users.
Username and Password
When creating a User or Broadcaster account, with Uvidy.com INC, you will create user name and password. You are responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Uvidy.com INC of any unauthorized use of User's password, user name, e-mail, or any other breach of security. Uvidy.com INC encourages User to change their password once a month. Uvidy.com INC will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Uvidy.com INC due to someone else's use of your account or password.
As a User or Broadcaster You agree to not join Uvidy as a party to any dispute between Broadcaster and User.
As a User or Broadcaster, You and Uvidy.com INC agree to will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as otherwise agreed in writing.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions. You agree that any claim or dispute you may have against Uvidy.com INC must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/ or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Uvidy.com INC must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Uvidy.com INC may recover attorneys' fees and costs up to $1000, provided that Uvidy.com INC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.