BANKINVIDEOS LLC

Website and Mobile Application (“The Platform”) Terms and Conditions of Use

Revised as of March 30, 2022

Welcome to https://www.BANKINVIDEOS.com (the “Website”) and BANKINVIDEOS mobile application (the “App”), cumulatively referred to as “The Platform”. BANKINVIDEOS LLC provides access to the Platform (the “Platform”) to you subject to the following terms and conditions. In return for accessing the Platform, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you, whether personally or on behalf of an entity, as the user(s) of the Platform (hereinafter may be referred to as “you”, “your”, “User”, or “Visitor”) and BANKINVIDEOS LLC (hereinafter may be referred to as “we,'' “our,” or “https://www.BANKINVIDEOS.com” or “BANKINVIDEOS”). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Platform. Essentially, if you access the Platform, for example if you visit the Website or access the App, you accept these terms and conditions of use. Please read them carefully.

Geographic Scope

The Platform may be viewed throughout the United States as well as internationally and may contain references to services not available in all States of the United States or in all countries. References to a particular service does not imply that we intend to make such services available in such states or countries. No warranty or representation is given that a particular product or service will be available for all Platform visitors. 

Special Notice for International Use; Export Controls

Software enabling the Platform available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Platform is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platform, including as it concerns online conduct and acceptable content.

Service Descriptions

We attempt to be as accurate as possible in describing our company and the services we offer; however, we do not warrant that the service descriptions or other content of this Platform is accurate, complete, reliable, current, or error-free.

Mobile Services

The Platform includes certain BANKINVIDEOS services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the BANKINVIDEOS Platform and Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BANKINVIDEOS account information to ensure that your messages are not sent to the person that acquires your old number.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Electronic Communications

When you contact us through the Platform or send an email to an address located on the Website or App, or text or phone a phone number located on the Website or App, or message us through our social media pages, you are communicating with us electronically. You consent to receive a response or other communications from us electronically. We may communicate with you by email, telephone, social media messaging, or by posting on the Platform. For example, you acknowledge and agree that we may amend these terms and conditions at any time by posting the amended and restated terms on the Platform. By continuing to use the Platform, you agree that the amended Terms will apply to you. 

In using BANKINVIDEOS, you agree to receive periodic electronic communications from BANKINVIDEOS regarding the Services, such as new product offers, periodic promotions, and other information regarding the Platform. You can opt-out of receiving these messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) by emailing help@BANKINVIDEOS.com.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

General Use

If you use the Platform, you are responsible for maintaining the confidentiality of your personal information, for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur when accessing our Platform via computer or your mobile device. As a condition of your access to and use of the Platform, you agree that you will comply with all applicable laws and regulations. You agree to use the Platform solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute, or resell any information, text, images, graphics, videos, or other information available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with BANKINVIDEOS LLC or otherwise commercially exploiting the Platform Content. You agree further not to undertake any action to undermine the integrity of our computer or mobile device systems or networks and/or attempt to gain unauthorized access to such computer or mobile device systems or networks.  The use of this Platform is at the discretion of BANKINVIDEOS LLC; and BANKINVIDEOS LLC may terminate your use of this Platform at any time.

Visitor Responsibilities

You represent, warrant, and agree that (a) you have full power and authority to accept these terms and conditions; (b) you use the Platform for your own personal or business purposes only; (c) you are over the age of eighteen (18), and (d) all information that you provide through any contact method is accurate. 

You further warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any information, content, videos, or images you submit; (b) you shall be solely responsible for obtaining all permissions and consent to use from any third party for which you provide us with information, videos, or images; (c) any information, content, videos, or images that you provide us does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (d) you have the right and authority to secure any services requested through our mobile app, website, contact forms, messages, emails, social media, telephone numbers and the like; and (e)  you will indemnify BANKINVIDEOS LLC against any claim(s) resulting from information, content or images you supply. 

You further represent, warrant and agree that any information that you submit shall: (a) be true, accurate, complete and lawful; (b) not be false, misleading or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) not violate these terms and conditions; (f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations; and/or (g) not contain any link directly or indirectly to any other website, app, or other site which includes any content that may violate these terms.

By transmitting or posting any non-confidential information or content to the Platform including https://www.BANKINVIDEOS.com or the BANKINVIDEOS mobile app or BANKINVIDEOS LLC you grant BANKINVIDEOS LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such information, videos, images, or any other such content for any purpose, including, but not limited to, its reproduction, modification, adaptation, publication, translation, use in derivative works, distribution, and display throughout the world in any media. You also grant BANKINVIDEOS LLC and sublicensees the right, at their sole discretion but without any obligation to do so, to use the name you submit in connection with such content. You further agree that the license granted herein includes the right to use or authorize use of any ideas, concepts, know-how or techniques contained in such information, videos, or other content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such information. 

You agree that neither BANKINVIDEOS LLC nor its licensees will be liable to you for any use of any information you submit. BANKINVIDEOS LLC has the right, but not the obligation, to monitor and edit or remove any content.

You acknowledge and agree that you, the user, are solely responsible for any information you submit to BANKINVIDEOS LLC or this Platform and further agree, that BANKINVIDEOS LLC has no responsibility for the content of any such submissions, including their legality, reliability, and appropriateness.

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

User Accounts

To access certain areas of the Platform, you will create a user account and login (a “User Account”). You may never use another party’s User Account without such party’s and BANKINVIDEOS LLC’s express written authorization. You agree that all information which you provide through the Platform in connection with creating your User Account or otherwise is current, accurate and complete.

You are solely responsible for all activity that occurs with respect to your User Account whether directly or by authorized third parties. BANKINVIDEOS LLC is not to be held responsible for any misuse of information by users of the Platform or any breach of privacy that may result from use of the Platform or from the sharing of information. BANKINVIDEOS IS NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES THAT ARISE FROM THE GRANTING OF ACCESS TO AND SHARING OF YOUR INFORMATION.

You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account.

Cooperation with Law Enforcement or Legal Proceeding

We reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, BANKINVIDEOS LLC may disclose any communications or contact information provided to us, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. We shall not be liable for damage that results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure. You agree to indemnify BANKINVIDEOS LLC our affiliates, directors, employees, agents, and representatives and to hold them harmless from all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Platform or from your breach of these terms.

License and Platform Access

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Platform’s Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. BANKINVIDEOS LLC reserves all rights not expressly granted herein in the Services and the Platform Content. You acknowledge and agree that BANKINVIDEOS LLC may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

Accessible content within the Platform may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content

If you access the Platform via the BANKINVIDEOS mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions of Use.

This license does not include any rights of resale or commercial use of the Platform or its contents; any collection and use of any descriptions of services; any derivative use of the Platform or its contents; any downloading or copying of information, videos, images, or other content for any unauthorized use outside the BANKINVIDEOS LLC Platform; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written permission. Any unauthorized use terminates the permission or license granted by BANKINVIDEOS LLC.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of https://www.BANKINVIDEOS.com  so long as the link does not portray BANKINVIDEOS LLC or its services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of BANKINVIDEOS LLC or any of its affiliates as part of the link without the express, written consent of BANKINVIDEOS LLC.

Links

These terms and conditions of use apply only to this Platform, and not to the websites, applications or other sites of any other person or entity. We may provide links to other Websites and/or Apps or resources (such as, but not limited to, LinkedIn, Facebook, Twitter, TikTok, and Instagram). You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other sites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, or other resources available from any other site (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other sites to that site’s administrator.

Termination

BANKINVIDEOS LLC reserves the right to monitor use of this Platform to determine compliance with these Terms, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. BANKINVIDEOS LLC reserves the right to terminate your access to any or all the BANKINVIDEOS Website and/or BANKINVIDEOS App Services at any time without notice for any reason whatsoever.

You agree that BANKINVIDEOS LLC may, on good cause and without prior notice, immediately terminate, limit your access to or suspend your BANKINVIDEOS Platform account and access to the BANKINVIDEOS Platform Services. Good cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) engagement by you in fraudulent or illegal activities, and/or (e) nonpayment of any fees owed by you in connection with the BANKINVIDEOS Platform Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in BANKINVIDEOS Platform’s sole discretion and that BANKINVIDEOS LLC shall not be liable to you or any third party for any termination of your account, or access to the BANKINVIDEOS Platform Services.

Termination of your account includes, but is not limited to, any or all the following: (a) removal of access to all or part of the offerings within the BANKINVIDEOS Platform Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the BANKINVIDEOS Platform Services.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Copyright

All content included on the Platform, including, but not limited to, text, design, graphics, logos, button icons, images, audio, video, databases, functionality, software, downloadable resources, and source code, unless otherwise noted, is the property of BANKINVIDEOS LLC and is protected by United States and international copyright laws.

Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained on the Platform without our express, written consent.

Platform Content

You acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Platform including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Platform or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Platform.

User-Generated Content

Users of the Platform may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available content through the Platform including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Platform (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Platform, you must comply with the standards set out in these Terms. Platform features may not be available to all users of the Platform, and we have no liability to you for limiting your right to certain features of the Platform.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Platform, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third-party platforms, and/or adopt any third-party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Platform unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform.

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Platform, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Platform is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Platform that may be claimed by your label.

Through-To-The-Audience Rights. All the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Platform.

Waiver of Rights to User Content. By posting User Content to or through the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Platform.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Platform if, in our opinion, your post does not comply with the content standards. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block, or delete any User Content (i) that we consider violating these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Platform on your personal device(s) if you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

You control whether your User Content is made publicly available on the Platform to all other users of the Platform or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you wish to file a complaint about information or materials uploaded by other users, contact us at: help@BANKINVIDEOS.com .

BANKINVIDEOS LLC takes reasonable measures to expeditiously remove from our Platform any infringing material that we become aware of. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Platform who repeatedly infringe copyrights or intellectual property rights of others.

Trademarks

BANKINVIDEOS LLC may own certain registered and unregistered trademarks in the United States or other countries, including but not limited to BANKINVIDEOS LLC and various stylized versions thereof.

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of BANKINVIDEOS LLC or its affiliates may not be used in connection with any business, product, or service in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits BANKINVIDEOS LLC or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by BANKINVIDEOS LLC that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BANKINVIDEOS LLC. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of BANKINVIDEOS LLC displayed or contained in the Platform without our express, written consent.

Patents

One or more patents or pending patents may apply to the Platform and the services accessible via the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or patentable inventions contained therein without our expressed written consent. 

Copyright Complaints

We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to BANKINVIDEOS LLC as specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the BANKINVIDEOS Platform;

Your address, telephone number, and e-mail address;

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to us at BANKINVIDEOS LLC, , or email us at help@BANKINVIDEOS.com.

Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

Disclaimer

THE INFORMATION ON THIS WEBSITE AND APP (THE PLATFORM) IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. BANKINVIDEOS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL BANKINVIDEOS LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, YOUR PLATFORM USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR CONTENT IS TO CEASE ALL OF YOUR PLATFORM USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold BANKINVIDEOS LLC harmless, including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Platform; (3) breach of these Terms and Conditions of Use; (4) any breach of your representations and warranties set forth in these Terms and Conditions of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights and personally identifiable information (PII) privacy rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Disclaimers and Warranties

The testimonials, reviews, comments, and user satisfaction stories herein provided on the Platform reflect the real-life experiences of individuals and businesses who used our services. However, individual results may vary.  

Please keep in mind that we cannot guarantee results for future users based on successes and satisfaction of past users.

We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and user success stories are not necessarily representative of what anyone else using our services may experience. 

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Content Disclaimer

The information contained in this Platform is provided for informational purposes only.  The transmission and receipt of information contained on this Platform, in whole or in part, or communication with BANKINVIDEOS LLC via the Internet or email through this Platform does not constitute or create a fiduciary relationship between us and any recipient. You should not send us any confidential information in response to this Platform.  The material on this Platform may not reflect the most current developments. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Platform to the fullest extent permitted by law. The information in this Platform should not be viewed as an offer to perform services in any jurisdiction other than those in which BANKINVIDEOS LLC is licensed to practice. No past results serve in any way as a guarantee of future results.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

You understand that BANKINVIDEOS LLC cannot and does not guarantee or warrant that any files available for downloading from the BANKINVIDEOS Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer or mobile device(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer or mobile device(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this BANKINVIDEOS Platform. 

BANKINVIDEOS LLC recognizes the importance of providing the Platform in a safe and responsible manner to prevent illness or injury to users and others. You assume responsibility for implementing and monitoring all government mandated, industry standard, or reasonably expected Health and Safety precautions related to the use of the Platform. As such, BANKINVIDEOS LLC shall not be liable nor responsible for any illness or injury you incur or cause in the use of the Platform.

User Transactions

If you wish to purchase any membership or other service made available through the Platform (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to BANKINVIDEOS LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

BANKINVIDEOS LLC or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Free Trial

The Platform offers a free trial prior to charging your payment method. If you decide to unsubscribe from your Paid Membership before the Platform charges your payment method, you must cancel the membership at least twenty-four (24) hours before the free trial ends to not be charged for the membership. If you start a free trial and cancel before it ends, you cannot reactivate the free trial. You acknowledge that once your free trial expires, the Platform has no obligation to reinstate, reimburse, or otherwise compensate you for any part of such expired free trial.

Automatic Renewal of Memberships

By authorizing BANKINVIDEOS LLC to process your payment for a BANKINVIDEOS LLC membership fee and/or membership fee renewal, you accept all of these terms, conditions, limitations and requirements.

When you sign up for a BANKINVIDEOS LLC membership, or purchase an upgrade feature, BANKINVIDEOS LLC will process your payment for the first membership period fee and/or upgrade fee and after that will automatically process your payment for each periodic fee renewal. Typically, but not always, the membership period will be on a monthly (30 day) schedule. Your membership will remain in effect until it is canceled.  BANKINVIDEOS LLC may not provide receipts for such periodic payments; and considers your payment method account ledger to be proof of purchase. All fees and charges assessed by the Platform are NON-REFUNDABLE.

The cost of a BANKINVIDEOS LLC Membership is disclosed at the time you sign up for a membership, and the fee is nonrefundable. To prevent the automatic renewal of your annual or monthly membership fee, you must cancel your membership at least twenty-four (24) hours before the next membership fee is charged.

If there are changes related to the cost of the membership or if any problems arise with your payment method connected with your membership that BANKINVIDEOS LLC is unable to resolve, we will notify you through the email address associated with your BANKINVIDEOS Platform account. You will not be charged for a membership fee until the problem has been resolved, which may result in the cancellation or expiration of your membership.

The amount of each membership fee renewal will be billed to the credit card or other payment method you authorize for the initial membership purchase, and your card will be billed on the day your membership renews. If we are unable to process your payment for a membership fee renewal, your membership will not be renewed and will expire.

If you cancel your BANKINVIDEOS Platform account, your membership fee will not be renewed, and your membership will expire at the end of the current membership period. When you cancel your membership, you will no longer have access to your user account nor the information within your user account. If you reinstate or otherwise sign back up after that time frame, your previous data may not be available.

Governing Law

The laws of the State of Florida shall govern any disputes arising out of or relating to this Platform, or the services listed on the Platform. By visiting the Platform, you further agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and BANKINVIDEOS LLC.

Disputes

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Any dispute relating in any way to your visit to the Platform shall be submitted to confidential binding arbitration in Palm Beach County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, BANKINVIDEOS LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to the exclusive jurisdiction and venue in such courts.  Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Platform Policies, Modification, and Severability

As noted above, you are encouraged and advised to review the terms and conditions of use and privacy policy along with any supplemental terms and conditions or documents posted on the Website and App. These policies, taken together, govern your visit to the Platform. By using the Platform, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. 

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Platform, the terms and conditions of use and the privacy policy at any time and for any reason. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.  

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You should check these terms and conditions of use and privacy policy periodically for changes.  

By using the Platform after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Platform. 

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms and Conditions of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

Our decision not to enforce any right or decision not to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. 

We shall have the right to assign these terms. You may not assign, in whole or part, the terms to any person or entity. This constitutes the entire agreement between you and BANKINVIDEOS LLC and governs your use of the Platform, superseding any prior written or oral agreements in relation to the same subject matter herein.

MISCELLANEOUS

These Terms and Conditions of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms or use of the Platform. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.