Voot Terms of Service

Voot Beta is a beta version video optimization application-based service that tracks YouTube search rankings and engagement levels to help maximize video performance (the “Service”) hosted on the website Voot.net (the “Site”). Voot is owned by Diginary Software, LLC, a division of Diginary Holdings, with offices at 355 Lexington Ave., 12th Floor, New York, NY 10017 (“Diginary Software”), together with any updates subsequently provided by Diginary Software. By using the site you are agreeing to these Terms of Service (“Terms”).

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR ACCEPTANCE OF THESE TERMS CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE THE SERVICE. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY DIGINARY SOFTWARE. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.

Legal Authority To use and/or register for the Service you must be:

a) of legal age to form a binding contract with Diginary Software, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.

Changes To Terms: We may, in our sole discretion, change these Terms from time to time. We will notify you of changes by posting notice on the Site at Voot.net that these Terms have been updated and updating the “last revised” date above. Your continued access to and use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately terminate your use of the Service.

Public Beta Service:

You understand and acknowledge that the Service is being provided as a “Public Beta,” and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Diginary Software with feedback on the quality and usability of the Service. The Service and Site may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Diginary Software strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Diginary Software is not obligated to provide any maintenance, technical or other support for the Service.

Changing the Service:

Diginary Software reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Diginary Software may provide notice of any such changes to the Service by posting them on the Site at Voot.net and/or via the Service. You agree that Diginary Software shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Diginary Software has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Diginary Software may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.

No Affiliation with YouTube:

You agree to abide by the Terms of Service posted by YouTube at the URLhttp://www.youtube.com/t/community_guidelines in conjunction with use of the Service. You are solely responsible for reading and abiding by YouTube’s terms of service, privacy policy, security policy and other posted policies and practices in posting content on YouTube and providing links to your YouTube videos through use of the Service. We will not be liable for your violation of YouTube’s policies or practices or your violation of any third party rights due to your posting of content on YouTube or your use of the Service. By accepting these Terms, you represent and warrant that you understand and agree to the foregoing

YouTube Terms of Service:

You agree to abide by the Terms of Service posted by YouTube at the URLhttp://www.youtube.com/t/community_guidelines in conjunction with use of the Service. You are solely responsible for reading and abiding by YouTube’s terms of service, privacy policy, security policy and other posted policies and practices in posting content on YouTube and providing links to your YouTube videos through use of the Service. We will not be liable for your violation of YouTube’s policies or practices or your violation of any third party rights due to your posting of content on YouTube or your use of the Service. By accepting these Terms, you represent and warrant that you understand and agree to the foregoing.

Feedback:

As part of using the Service, Diginary Software will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that, in the absence of a separate written agreement to the contrary, Diginary Software will be free to use any feedback you provide for any purpose.

Limited License from Diginary Software: Diginary Software grants you a personal, non-exclusive, non-transferable, limited license to use the Service and the technology and software associated therewith, solely in accordance with these Terms, and provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, sell, lease, sublicense, grant a security interest in, assert a claim of ownership in adverse to Diginary Software, in or to the Service or any part or element thereof.

Limitations on Use:

You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Diginary Software reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. You may not access the Service if you currently compete or plan to compete in the business of automation or other software solutions for search marketers, except with Diginary Software’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, including sharing or providing a password to third parties, in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the service as a “iframe” or “frame” from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. You shall not use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or use any names or trademarks of Diginary Software, LLC or its Affiliates as meta tags or hidden text. You shall not use the Service in any manner inconsistent with or in violation of any applicable laws or regulations.

Privacy:

Diginary Software, LLC will treat any information it collects from you in accordance with its Voot Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by this reference and is accessible at Voot.net/privacy.

Proprietary Rights:

You acknowledge and agree that Diginary Software, LLC alone (and its licensors, where applicable) shall own all right, title and interest, including any and all related intellectual property rights (whether registered or unregistered and wherever in the world), in and to the Site and the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Service. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

These Terms do not constitute a sale or assignment and do not convey to you any rights of ownership in or related to the Site or the Service.

Trademarks Voot and the Voot logo, and certain names and logos of Diginary Software, LLC’s affiliates appearing on the Site are among the trademarks and/or service marks owned by Diginary Software, LLC’s, its respective parent or subsidiary companies or affiliates, as applicable. No trademark or service mark or other license is granted in connection with any such materials contained on the Site. Certain product, service, or company designations for companies other than Diginary Software, LLC may be mentioned on the Site. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

Indemnification:

You agree to indemnify, defend and hold harmless Diginary Software, LLC from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the Site, your use of the Service or your violation of these Terms.

Disclaimer of Warranties:

IN NO EVENT SHALL DIGINARY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF DIGINARY SOFTWARE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

IN NO EVENT SHALL TOUCHSTORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF TOUCHSTORM WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

General:

These Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. Diginary Software, LLC controls and operates the Site from its offices located in the State of New York in the United States of America. Diginary Software, LLC makes no representation that the Site or the Service is appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Site and/or the Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous:

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. Diginary Software, LLC’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Diginary Software, LLC may assign its rights and duties under these Terms without such assignment being considered a change to these Terms and without notice to you. You may not assign these Terms without the prior written consent of Diginary Software, LLC. These Terms and any other operating rules, policies, or procedures that may be posted from time to time by or on behalf of Diginary Software, LLC on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Contacting Us:

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us.

Acknowledgment:

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. By using this Site you agree to abide by these Terms.