Vivid 
          Video 
          Terms & Conditions of Service 
          You 
            must read and agree to these terms and conditions 
            before you can join VividVideo.com. Please read them carefully.
           
         
        
           
             
              
              
              
                -  By enrolling 
                  in Vivid Video.com (the "Service"), you become a Subscriber 
                  and agree to be bound by this Agreement (the "Agreement"). This 
                  Agreement is subject to change by Vivid Video, Inc. ("Vivid 
                  Video") at any time, and changes are effective upon notice 
                  to each Subscriber.  
                  
 
                  - Some or 
                  all of the following fees and charges may be incurred by the 
                  Subscriber:  
                  
 
                   
                    -  
You are responsible for paying periodic subscription fees according to the then-current billing terms. The fee for vividvideo.com is $1.66 per day billed monthly. Subscription fees are non-refundable.
 
                       
                       
                    
                   
                  - Unless 
                  and until this Agreement is cancelled in accordance with the 
                  terms hereof, Subscriber hereby authorizes the Service to charge 
                  subscriber's credit card (or other approved facility) to pay 
                  for the ongoing cost of membership. Subscriber hereby further 
                  authorizes the Service to charge Subscriber's credit card (or 
                  other approved facility) for for any and all puchases of products, 
                  services and entertainment provided by Vivid Video. Your subscription 
                  may not be assigned or transferred to any other person or entity. 
                  Subscriber must promptly inform Vivid Video of the following: 
                  changes in the expiration date of any credit card used in connection 
                  with the Service; changes in home or billing address; and apparent 
                  breaches of security, such as loss, theft, or unauthorized disclosure 
                  or use of an ID or password. Until Vivid Video is notified, 
                  by electronic or conventional mail, or by telephone at 1-800-848-4384, 
                  of a breach in security, the Subscriber will remain liable for 
                  any unauthorized use of the Service. Upon request, Subscribers 
                  will be given access to billing records that support charges 
                  for use of the Service.  
                  
 
                  - Payment 
                  for the appropriate services may be made by automatic credit 
                  card debit. Members will be automatically renewed for successive 
                  one (1) month terms or for the original term (whichever is greater) 
                  upon expiration, unless Vivid Video is notified via e-mail 3 
                  days prior to expiration.  
                  
 
                  - Subscription 
                  to the Service may be terminated at any time, and without cause, 
                  by either Vivid Video or the Subscriber upon notification of 
                  the other by electronic or conventional mail, or by telephone. 
                  Subscribers are liable for charges incurred by them until termination 
                  of service.  
                  
 
                  - Subscribers 
                  are responsible for providing all personal computer and communications 
                  equipment necessary to gain access to the Service. Access to 
                  and use of the Service is through a combination of an ID and 
                  a password. Each Subscriber must keep his password strictly 
                  confidential. Remember your password! For security reasons, 
                  Vivid Video will not release passwords for any reason, except 
                  as may be specifically required by law or court order. Unauthorized 
                  access to the Service is a breach of this Agreement and a violation 
                  of law.  
                  
 
                  - Any liability 
                  of Vivid Video including without limitation any failure of performance, 
                  error, omission, interruption, deletion, defect, delay in operation 
                  or transmission, communications line failure, theft or destruction 
                  or unauthorized access to, alteration of, or use of records, 
                  whether for breach of contract, tortous behavior, negligence, 
                  or under any other cause or action, shall be strictly limited 
                  to the amount paid by or on behalf of the Subscriber to Vivid 
                  Video for the preceding 12 months. Some states do not allow 
                  the limitation or exclusion of liability for incidental or consequential 
                  damages, so the above limitation or exclusion may not apply 
                  to you.  
                  
 
                  - No warranty 
                  is made by Vivid Video regarding any information, services, 
                  or products provided through or in connection with the Service, 
                  and Vivid Video hereby expressly disclaims any and all warranties, 
                  including without limitation: 1) any warranties as to 
                  the availability, accuracy, or content of information, products, 
                  or services; 2) any warranties of merchantability or 
                  fitness for a particular purpose. Some states do not allow the 
                  exclusion of implied warranties, so the above exclusion may 
                  not apply to you.  
                  
 
                  - Except 
                  for public domain material and electronic messages, all material 
                  displayed on the Service is copyrighted by Vivid Video and may 
                  not be copied, redistributed, or downloaded, in whole or in 
                  part, without the prior written consent of Vivid Video, Inc., 
                  unless otherwise clearly stated in this Agreement.  
                  
 
                  - The 
                  material on the Service is for the private, non-commercial enjoyment 
                  of Subscribers only. Any other use is prohibited.  
                  
 
                  - The Service 
                  enables Subscribers to share information with other Subscribers. 
                  Subscribers agree not to submit, publish, or display on the 
                  Service any defamatory, inaccurate, abusive, threatening, racially 
                  offensive, or illegal material. Transmission of such material 
                  that violates any federal, state, or local law, is prohibited 
                  and is a breach of this Agreement.  
                  
 
                  - Subscribers 
                  agree not to engage in advertising to, or solicitation of other 
                  Subscribers to buy or sell any products or services through 
                  the Service without prior written consent. Subscribers are responsible 
                  for information they send, or display through the Service even 
                  if a claim should arise after termination of service.  
                  
 
                  - There are 
                  no facilities provided by the Service for sending or receiving 
                  private or confidential electronic communications. All messages 
                  shall be deemed to be readily accessible to the general public. 
                  Do not use the Service for any communication for which the sender 
                  intends only the sender and the intended recipient(s) to read. 
                  Notice is hereby given that all messages entered into this Service 
                  can and may be read by the operators of the Service, whether 
                  or not they are the intended recipient(s).  
                  
 
                  - Notices 
                  by Vivid Video to Subscribers may be given by means of electronic 
                  messages through the Service, by a general posting on the service, 
                  or by conventional mail. Notices by Subscribers may be given 
                  by electronic messages or conventional mail, unless otherwise 
                  specified in the Agreement.  
                  
 
                   
                    -  All 
                      questions, complaints, or notices to Vivid Video by means 
                      of electronic message must be sent to support@vividvideo.com.  
                      
 
                      - All 
                      questions, complaints, or notices to Vivid Video by conventional 
                      mail must be sent to:
 
                       Vivid Video 
                      15127 Califa Street 
                      Van Nuys, CA 91411 
                        
                       
                        
                     
                 -  The Subscriber 
                  hereby warrants and represents that he or she is over the age 
                  of 18, and in all respects is qualified and competent to enter 
                  into this Agreement.  
                  
 
                  - This Agreement 
                  contains the entire agreement between the Subscriber and Vivid 
                  Video regarding the use of the Service, and supersedes all prior 
                  written and oral understandings and writings, and may only be 
                  amended upon notice by Vivid Video to Subscribers. Unless otherwise 
                  explicitly stated, the provisions of this Agreement shall survive 
                  its terminations. The Agreement shall be governed pursuant to 
                  the laws of the State of California.  
                  
 
                 
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