Terms Of Service

YesVideo, Inc. (“YesVideo”, “We”, or “us”) welcomes you to our websites (www.yesvideo.com and/or www.capture.com, each a “Site”) and the applications and services available from us, including the YesVideo digital conversion, online hosting, and sharing services (collectively with the Sites, the “Services”). Your use of the Sites and Services are governed by these Terms of Service (these “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or the Services.

Your use of the Services is also subject to our Privacy Policy, which is located on the Site, as well as any policies and procedures we publish from time to time (collectively, the “Policies”). We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.

If you have questions about these Terms or our Policies, please contact us via email at support@yesvideo.com.

These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.

  1. Services

YesVideo offers digital conversion of photos, videos, film, and digital media to help you preserve your favorite moments and memories. When you place an order (an “Order”), you will be provided and required to pay an estimated amount for the Services requested (the “Estimated Fees”). Once your order is complete, you will receive an email notice from us that we have finished processing your Order and detailing any adjustments necessary to account for discrepancies between the Estimated Fees and the final cost Services (the “Total Fees”). Following payment of the Total Fees, as applicable, you will receive an email notice from us that your order has shipped, along with instructions on how to access and save the transferred digital files from your order ("Digital Files"). All Digital Files are accessible for sixty (60) days following delivery of this email notice (“Availability Period”). This email notice will tell you how many days your files are available for. DIGITAL FILES ARE DELETED FROM THE YESVIDEO SYSTEMS UPON EXPIRATION OF THE AVAILABILITY PERIOD.

You may choose to download and/or add Digital Files to Google Photos during the Availability Period. As a YesVideo customer using the Home Movie and Photo Transfer Service, all Digital Files added to Google Photos are stored at 'original quality', count towards your Google Photos storage quota, and are subject to Google’s Terms of Service and Privacy Policy. Adding Digital Files to Google Photos requires internet access and a Google account. Google accounts may be created online for free.

  1. Fees

As noted above, prior to placing an Order for the Services you must pay the Estimated Fees. When you place an Order, you acknowledge and agree that payment of the Total Fees is required prior to you receiving your Digital Files. In the event the Total Fees are less than the Estimated Fees paid, you will be entitled to, and YesVideo shall provide, a refund for the difference.

  1. Eligibility

When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. In no event shall the Services be used by any person under the age of 13.

You represent and warrant that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

  1. Accounts, Passwords & Security

Certain of the Services or portions of the Site may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”).  You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately.  You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account.

  1. Permitted Uses/License

You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device. We authorize you to copy materials from the Services to your device’s local or cloud storage solely for the purpose of viewing and using the Services. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, and local) applicable to your use of the Service and your User Content (defined below), including but not limited to, copyright laws.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

  1. Intellectual Property

You acknowledge and agree that YesVideo and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including, but not limited to, applicable copyrights, trademarks, and other proprietary rights (“Intellectual Property”). YesVideo’s Intellectual Property may not be copied, imitated, or used, in whole or in part, without our prior written consent. We reserve all rights that are not expressly granted to you under these Terms.

  1. User Content

YesVideo does not claim any ownership rights in content which is content generated solely by you, or uploaded to the Services by you on your behalf by YesVideo or our affiliates (hereafter, “User Content”). However, by submitting User Content to the Services, you grant us a license to fully enable us (and affiliates) to use any information or User Content you supply us to provide the Services to you, so that we are not violating any rights you might have in that User Content. By utilizing the Services, you consent to allow YesVideo access your computer’s files, as applicable, to access any User Content that you choose to upload to the Services.

YesVideo allows you to share some or all of your User Content. If you decide to share your User Content, you acknowledge that we have no control over such other users' access and therefore YesVideo hereby disclaims any such associated liability.

By placing User Content into an accessible format through the use of the Service, you consent to share access to such User Content with those other users you have authorized to access it. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions required to grant the licenses set forth herein with respect to your User Content.

You agree and acknowledge that YesVideo has no responsibility or obligation to monitor or notify you of any non-compliance related to the rights you may choose to grant to other users who have access to your User Content, if any, and that YesVideo has no responsibility to enforce or police, or aid you in enforcing or policing, the permissions you have chosen to offer. In fact, you acknowledge that YesVideo does not have any obligation to monitor any of the User Content that is uploaded, posted, submitted, linked to or otherwise transmitted using the Service, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, timeliness, legality or applicability of the User Content or anything said, depicted, or written by users in their submissions, including, without limitation, any information obtained by using the Service. YesVideo does not endorse anything contained in any User Content, or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YesVideo with respect thereto.

  1. User Conduct & Restrictions

You are solely responsible for your conduct with respect to the Services and for the content of your User Content, as well as any of the content contained in your communications with us and other users of the Services. You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (i) are patently offensive in any manner (as determined in our sole discretion) or violates a protective order, (ii) involve commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to our public image, goodwill, or reputation, (iv) infringe on our or any third party’s intellectual property rights, (v) violate any law or any third party’s legal rights, (vi) “frame” or “mirror” any part of the Site without our prior written consent, (vii) impersonate any person or entity, (viii) send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services, (ix) interfere with or disrupt the servers or networks connected to the Site or the Services, (x) post, email, or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the Site or the Services, (xi) forge headers or otherwise manipulate identifies in order to disguise the origin of any information transmitted through the Site, (xii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site, (xiii) rent, lease, sell, redistribute, license, or sublicense the Site or access to any portion of the Site, (xiv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, (xv) link directly or indirectly to any Third Party Websites, (xvi) transfer or sell your Account, Login Information, or any other user's information to any other party (xvii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation, (xviii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, or (xix) cause any third party to engage in the restricted activities above.

YesVideo has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that although YesVideo has no obligation to monitor any user's access to or use of the Services, it still has the right to do so for the purpose of operating the Services, to ensure users' compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

  1. Data

You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will befree (during and after the term hereof) to (i) use such information and data to improve and enhance the Site, Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

  1. Third Party Links

The Services may contain links to third party websites or resources we do not operate, control, or maintain (“Third Party Websites”). YesVideo does not endorse any Third Party Website, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites are provided solely for your convenience. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you access any Third Party Websites, you do so at your own risk and waive any and all claims against YesVideo regarding the Third Party Websites or our links thereto.

  1. Termination

You may terminate this agreement at any time by ceasing all use of the Site and the Services and closing your Account by following the instructions on the Services. YesVideo may terminate your right to use the Services if we believe that you have breached these Terms. Subject to these Terms, YesVideo reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, your access rights to the Services will immediately terminate. Upon termination the following provisions of these Terms will survive: Section 7 (Intellectual Property), Section 8 (User Content), Section 14 (Warranty Disclaimer), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Time Limit for Disputes), Section 18 (Dispute Resolution), Section 23 (Miscellaneous), and this sentence on termination.  YesVideo has no obligation to provide you with a copy of your User Content and may remove and discard any User Content after termination.

  1. Copyright Infringement

We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the material that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) 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. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to YesVideo's Designated Copyright Agent:

Copyright Agent
c/o YesVideo, Inc.
5300 Oakbrook Pkwy

Norcross GA 30093
Email: support@yesvideo.com

 

We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.

  1. Warranty Disclaimer

You agree that the Services are available on an “as is” and “as available” basis, without any warranty, and that you use the Services at your own risk.  YesVideo expressly disclaims, to the fullest extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors,  or  omissions  in  the  Services  or  on  the  Site,  (d)  warranties  relating  to  the  accuracy  or correctness of data on the Services, and (e) any other  warranties  otherwise  relating  to  our  performance, nonperformance, or other acts or omissions.

YesVideo does not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. You acknowledge that use of the Services may result in unexpected results, loss or corruption of data and that if your use of the Site or the Services results in the need for servicing or replacing your equipment or data, we are not responsible for any such costs. Some jurisdictions do not allow the exclusion of or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

  1. Limitation of Liability

Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of, or in connection with, these Terms. The foregoing limitations shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Services, (ii) any User Content submitted by you or using your Account, including, but not limited to the extent such User Content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful, or (iii) any breach of the representations and warranties you make in these Terms. You agree to be solely responsible for defending any claims against or suffered by us, subject to our right to participate with counsel of our own choosing. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without our written consent.

  1. Time Limit for Disputes

Neither party shall bring any claim based on the Services provided hereunder more than twelve (12) months after the cause of action accrues.  

  1. Dispute Resolution

READ THIS SECTION 18 CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CANSEEK RELIEF FROM US. For any dispute with us, you agree to first contact us at support@yesvideo.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and we agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall prevent us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.

  1. Entire Agreement; Governing Law

These Terms, which incorporate the YesVideo Privacy Policy, constitutes the entire agreement between you and YesVideo with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms are governed by California law, without giving effect to any conflict of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts serving Santa Clara County, California in circumstances where these Terms permit litigation in court. Nothing contained herein shall prohibit YesVideo from instituting an action in any court of competent jurisdiction to obtain injunctive relief to protect or enforce its intellectual property rights.

  1. Electronic Signatures & Notices

Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

  1. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  1. Changes to the Services and These Terms

YesVideo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms (including the Privacy Policy and the Policies) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to us. We will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

Please review the most current version of these Terms from time to time, so that you will be apprised of any changes.

  1. Miscellaneous

We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of YesVideo. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. YesVideo is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.

  1. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions (“Feedback”) for improvements to the Site and the Services. You may submit Feedback by emailing us at: support@yesvideo.com. You acknowledge and agree that if you submit any Feedback to us, you hereby give us and our affiliates a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable worldwide license under any and all intellectual property rights that you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such Feedback for any purpose.

 

Revision Date: February 8, 2024