Please read this document carefully before accessing or using Vidolci.
Because we believe in establishing long-term relationships with our customers, we decided to use plain English to make our terms as clear as possible.
Please don't forget that we are real people. Take a look at our company page to get to know us. We are not perfect, but we're trying our hardest, because we genuinely care about your success. When you read "Vidolci" or "we", it refers to Vidolci (contact information), its affiliates (including our parent company, Once Upon a Greeting, LLC) and agents.
Should you have other questions or concerns about this document, please call us at +1 (442) 300-8442 or send us an email at contact@Vidolci.com.
By accessing or using Vidolci in any way, whether you have created your own Vidolci account, received a Vidolci greeting, or just browsing, you agree to and are bound by the terms and conditions written in this document.
If you do not agree to all of the terms and conditions contained in this document, do not access Vidolci.
This is a living document. With your help, we want to make it the best in the industry.
If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email contact@Vidolci.com and we can chat.
We won't amend this document for any particular customer, but if your changes apply to all of our customers, we'll be happy to update it for everyone.
We will likely improve this document over time. By continuing to use the site, you will implicitly accept the changes we make.
Your access and use of Vidolci is always subject to the most current version of this document.
We may block, restrict, disable, suspend or terminate your access to all or part of Vidolci at any time at our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.
Email and phone support is available, but it is only provided to Vidolci Members.
We frequently update Vidolci FAQ so that members can help themselves.
We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means we will do our best, but we do not guarantee 24/7 support.
We collect the following personal data:
Optional Birthday (we would love to send you a video card!)
We do not collect or store credit card information.
To use Vidolci, you will need to allow cookies from Vidolci.com.
We never use or share your personal information in ways unrelated to your business relationship with Vidolci.
No one. We store your password encrypted.
It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, notify Vidolci immediately.
If you forget your password, email us at contact@Vidolci.com. We will email you a link and instructions so you can set a new password.
Vidolci staff will never change a password for you nor change the account owner.
Both PayPalPro and Vidolci are PCI-DSS compliant. Even though Vidolci employees never see your credit card information, Vidolci has an internal security policy to follow in case we accidentally come across a customer's credit card info.
Any and all personal information collected by us can be accessed by you by logging into your Vidolci account and visiting your Profile page. You can delete your account information at any time.
If you delete your account manually, or if your account gets suspended for non-payment and stays in that state for more than one month, we retain the right to remove your account at our discretion.
By default, each video is private. Only the Member makes it public by the act of sending a video greeting.
When you send a video message to someone, they will be able to access and forward that message.
For website, blog, and social media messages: Anyone with a link to your site can see your video message. Your public messages will also be indexed by search engines.
As mentioned, we rely on PayPalPro for payment processing.
All of our customers' data resides in the same database. We use software best practices to guarantee that only people designated by you as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are confident we are doing a good job, but, like every other web app that hosts their customersâ?? data on the same database, we cannot guarantee that a sophisticated hacker cannot access other people's data.
Security is one of the main reasons we chose Amazon Web Services as the infrastructure provider for Vidolci. Amazon has the best track record out there. Read Article
To see the steps Amazon takes to protect the data saved, take a look at the extensive Security And Compliance Center and the security-related white papers. It's what makes us sleep well at night. AWS is ISO/IEC 27002 certified.
We also have our own safeguards in place, which follow the industry's best practices.
Should our systems get compromised, we will replace the server(s) that have been hacked with new ones (we can do this with very few clicks). If this doesn't stop the attack, we will shut down the service until we can fix the vulnerability. We will also hire experts to help us and verify that we're safe to resume service.
If you have discovered a security concern, please email us at contact@Vidolci.com. We will work with you to make sure we understand the issue and resolve it as quickly as possible.
Please act in good faith towards our Members' privacy and data during your disclosure. We won't take legal action against you or administrative action against your account if you act accordingly.
Vidolci Materials are all the information, data, documents (e.g., white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Vidolci produced by Vidolci.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Vidolci service or Vidolci Materials or any portions of them.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos and service marks displayed on this Site are the property of Vidolci and Once Upon a Greeting, LLC or other third parties. You are not permitted to use them without the prior written consent of Once Upon a Greeting, LLC or such third party that may own the Marks. Vidolci and the Vidolci logo are trademarks licensed to Once Upon a Greeting, LLC.
You do. Vidolci does not claim intellectual property rights over member-created video messages created on Vidolci.
We leave it to each Vidolci Member to decide who should own the IP of the video messages created using their Vidolci account.
Vidolci does not pre-screen Member materials that Members provide or otherwise submit via Vidolci; however, Vidolci may remove any posted or submitted Member materials from Vidolci for any reason without notice at its sole discretion.
You are solely and entirely responsible for all of your Member materials that you post or otherwise submit via Vidolci. You shall assume all risks associated with the use of your Member materials including any reliance on the accuracy, completeness or usefulness of your Member materials. Vidolci does not guarantee the accuracy, integrity or quality of your Member materials. You acknowledge and agree that by accessing or using Vidolci, you may be exposed to Member materials from others that are offensive, indecent or otherwise objectionable.
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.
That said, high reliability is something we are proud of. We have developers, system administrators and support staff on call 24/7.
We monitor Vidolci closely and have set up automated alarms to be notified (via email and SMS) when the Vidolci service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
You acknowledge and agree that Vidolci shall not be liable for any failure to store your materials on Vidolci at any time.
You agree that you shall not:
Materials and services provided by third parties are governed by separate agreements accompanying such materials and services. Vidolci offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Vidolci Materials, the Vidolci service or another third-party service. You agree that you will not hold Vidolci responsible or liable with respect to the third-party services.
Vidolci may block, restrict, disable, suspend or terminate your access to all or part of Vidolci at any time at Vidolci's sole discretion, without prior notice or liability to you.
Vidolci will, in appropriate circumstances, terminate the accounts of Members who infringe the intellectual property rights of others. Vidolci will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Vidolci or on sites linked to from Vidolci, please provide written notification of claimed copyright infringement to the designated agent for Vidolci (identified below), which must contain the following elements:
Vidolci's designated agent for notice of claims of copyright infringement can be reached as follows:
Once Upon a Greeting, LLC
74923 Highway 111, #220
Indian Wells, CA 92210
+1 (442) 300-8442
Vidolci may include links that will take you to other sites outside of the Vidolci service. The linked sites are provided by Vidolci to you as a convenience and the inclusion of the links do not imply any endorsement by Vidolci of any linked site. Vidolci has no control of the linked sites, and you, therefore, acknowledge and agree that Vidolci is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Vidolci is not responsible for any form of transmission (e.g., webcasting) received from any linked site.
Vidolci may run Member-targeted advertisements and promotions from third parties via Vidolci.com in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Vidolci.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Vidolci is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Vidolci advertisers on Vidolci.com.
The Vidolci service and Vidolci Materials may include technical or other mistakes, inaccuracies, or typographical errors. Vidolci may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Vidolci service and Vidolci Materials may be out of date, and Vidolci makes no commitment to update the site, materials and services.
You acknowledge and agree that:
Vidolci does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Vidolci service and Vidolci Materials and participation in any services. Managers, hosts, site owners, project members and other third parties are not authorized Vidolci spokespersons, and their views do not necessarily reflect those of Vidolci. To the maximum extent permitted by law, Vidolci will have no liability related to Member materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Vidolci also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Member materials.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
You agree to indemnify and hold Vidolci and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
The Vidolci service can be accessed from countries around the world and may contain references to Vidolci products, services and programs that are not available in your country. These references do not imply that Vidolci intends to announce such products, services or programs in your country. The site is controlled, operated and administered by Once Upon a Greeting, LLC and its affiliates from their offices within the United States of America. Vidolci makes no representation that the Vidolci service and Vidolci Materials are appropriate or available for use at other locations outside the United States, and access to the site from territories where the site, the services or materials are illegal is prohibited. If you access the site from a location outside the United States, you are responsible for compliance with all local laws.
The export and re-export of Vidolci Software are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, the software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading software, you are certifying that you are not a national of any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
In no event shall Vidolci, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Vidolci has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
The Vidolci service (excluding linked sites) is controlled by Once Upon a Greeting, LLC from its offices within the state of California, United States of America. By accessing Vidolci, you agree that all matters relating to your access to, or use of, Vidolci, shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Riverside County and the United States District Court for the Central District of California with respect to such matters.
Last Updated: July 22, 2015
Thank you very much to Balsamiq for their generous sharing of this ToS document:
A note to other startups: Working on a great new startup but don't know where to start when it comes to ToS documents? Go ahead and copy/paste this document, search and replace and make it yours! :) Two things though: a) make sure to have it looked over by your lawyer - you do have a lawyer, right? and b) we'd appreciate a backlink, even in a small gray-on-white font at the very bottom. You'll get good karma points, which is just what new startups need the most. :) Good luck!