1. OVERVIEW
Welcome to the Vieworks site "the site" bought to you by Vieworks Limited, a company registered at 81 Chronicle Tower, London, UK, EC1V 1AL ("Vieworks' "us" "our")
The Site and any related services, technologies, software or platforms (collectively, the “Services”) were created to make a new way for businesses to reward viewers for watching their videos on websites and social media networks. This is done through running competitions, rewards and loyalty schemes. These Terms and Conditions ("Terms") are set out to enable us to provide such Services.
Vieworks grants a non-exclusive, non-transferable license for the term to use the Technology for the specific purpose specified within these terms.
By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and Vieworks. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.
2. REGISTRATION
In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.
We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at info(@)vieworks.io
3. FEES AND BILLING
By opening a subscription-based paid account with Vieworks, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or PayPal account, or the charge is returned for any reason, Vieworks may suspend or terminate your account.
Vieworks reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
You are responsible for managing your plan. Failure to do this before the anniversary date will result in renewal of the plan for the current period, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
4. BETA VERSIONS
PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALISATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
5. OWNERSHIP OF THE SERVICES
The underlying platforms of the Services are either the proprietary property of Vieworks or the proprietary property of our licensors or licensees. By subscribing to our Services, Vieworks grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“Vieworks” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Vieworks. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Vieworks. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Please note that Vieworks facilitates companies running competitions and rewards which as a user you can enter. As an entrant, you acknowledge that the "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules & regulations in the countries for which it is operating. Vieworks is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. Vieworks will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
You acknowledge and agree that Vieworks is not responsible or liable for the Competition Owner's use or distribution of information you provide. Please see each Competition Owners promotion rules, terms and privacy policy for details on how they use your personal information.
As Vieworks can be used on any website in any country, by using Vieworks you acknowledge that you are responsible for compliance with any local laws.
VIEWORKS DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
Vieworks may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Vieworks may use any information you provide consistent with Vieworks and these Terms of Service.
6. TECHNICAL SUPPORT
Technical support is provided to you by Vieworks via email during regular business hours (i.e. Monday to Friday from 9 AM CET to 6 PM CET) by sending your technical inquires to info(@)vieworks.io. Vieworks shall respond to via email to your support request within a reasonable time period.
7. ACCOUNT CONTENT & USE OF SERVICES
You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:
Run a competition without the intention of awarding a prize;
Run a competition to refer users via a referral link into another competition;
Ignore Vieworks generated entries by picking an external winner - unless specifically mentioned in your T&C. For example, running a Vieworks campaign and picking a winner via Retweets only, this defrauds users of their entries generated via Vieworks.
Setup a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your campaign);
Run a video campaign promoting any product unless you are the business owner or an approved marketing partner
Run a competition that is funded by donations or mostly contains referral, affiliate links or CPA offers;
Continually extend the end date of a campaign without users agreeing to terms that allow it;
Encourage users to break the TOS of an external site (i.e. clicking Adsense ads);
Use or copy prize images that you do not own the copyright to;
Create multiple or false contestant accounts for the purpose of increasing campaign entries or redeeming multiple rewards;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
Reverse engineer, decompile, or disassemble any aspect of the Service;
Attempt to automate entries with the intent of defrauding the Competition Owner;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Interfere with or disrupt the Service or other user’s use of the Service;
Modify, adapt or hack the Vieworks Site or Platform
Create multiple accounts after your account has been disabled;
Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;
Breach of any of the TOS may result in a permanent account ban or initiate an investigation whereby Vieworks may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer interruption until such information is presented.
8. THIRD-PARTY APPLICATIONS & RELIABILITY
While the primary purpose of the Services is to aggregate third-party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that Vieworks does not own or control any of these. As Vieworks serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Vieworks monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.
Vieworks also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Vieworks from any and all liability arising from your use of any Third Party Applications.
You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.
9. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
Vieworks reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Vieworks reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
10. NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE, AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. VIEWORKS DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT, AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIABILITIES & INDEMNITIES
You shall indemnify and save harmless Vieworks and its directors, officers, employees, representatives, and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Vieworks and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF VIEWORKS FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OR USE OF THE SITE.
VIEWORKS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VIEWORKS OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. CONFIDENTIALITY AND PRIVACY
Vieworks are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how Vieworks protects your personal information, please refer to our Privacy Policy, or email info(@)vieworks.io.
You agree to use the data collected from the Services in a responsible manner and comply with all local data laws, including GDPR.
13. MISCELLLANEOUS
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) This Agreement will be construed by and governed in accordance with the laws of The United Kingdom. The Parties submit to the exclusive jurisdiction of the courts of the United Kingdom.