This policy simultaneously applies to Visual Resumés and Service Ad Videos™ and its alternate, secondary, trade name Visual Resumés and Service Advertising Videos™

1.Scope of Liability: Visual Resumés and Service ad Videos™ and its owner(s), affiliates, applicable employees, and business associates shall be limited to the total amount paid by the client for the specific service or product rendered.

2. Exclusion of Certain Damages

In no event shall Visual Resumés and Service Ad Videos™ or its owner, owners, or affiliates, be liable for any special, incidental, indirect, or consequential damages whatsoever that exceeds the Scope of Liability listed in this Limitation of Liability. This includes, without limitation:

• Loss of business profits
• Business interruption
• Loss of business information
• Any other pecuniary loss
• Reputational harm

3. Maximum Liability

Visual Resumés and Service Ad Videos' maximum responsibility or liability, whether due to a contract, negligence, or any other reason, will not go beyond the total amount paid by the subscriber for their video usage subscription in the last 12 months. Reworded here for clarity and reiteration: Visual Resumés and Service Ad Videos' total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the subscriber for the video usage subscription during the preceding 12-month period. 

4. Indemnification

Subscribers agree to indemnify and hold Visual Resumés and Service ad Videos™ harmless from any claims, losses, or damages arising out of their use of the video subscription service.

5. Force Majeure

Visual Resumés and Service ad Videos™ and its owner(s), affiliates, applicable employees, and business associates shall not be held liable for any delays, failures, or non-performance due to circumstances beyond their control, such as acts of God/nature, natural disasters, or equipment malfunctions.

6. Third-Party Claims 

Visual Resumés and Service ad Videos™ and its owner(s), affiliates, applicable employees, and business associates shall not be responsible for any claims, demands, or actions brought by third parties related to inappropriate and unauthorized use of the content that is within the advertising video, by video subscribers. This includes copyright infringement or privacy violations. Downloading the video and re-uploading it without proper consent by Visual Resumés and Service ad Videos™ and/or third-party copyright holders and intellectual property owners is prohibited. Under no circumstances does Visual Resumés and Service ad Videos™ authorize you to download a video that you are subscribed only to view and share via the publicizing of a sharable video hyperlink(s) and a QR code(s). To gain more clarity on the use of the video you are subscribed to use and on third-party rights, see Video Subscription Terms of Use and Conditions - 9. Intellectual Property and 10. Third-party Content.

7. Intellectual Property

The client retains ownership of any intellectual property (e.g., company logos, company trademarks) that may have been included in the video, whether intentionally or unintentionally. Visual Resumés and Service ad Videos™ retains ownership of their creative work, where applicable.               Furthermore, the subscribing business or service grants a waiver of any penalties for any unintentional use of company logos, trademarks, or intellectual property used by Visual Resumés and Service ad Videos™ in the production of the business associated advertising video. Unintentional use may include subscriber submitting a selfie image with business/company or service-related logos, trademarks, and trade names on clothing attire, or the use of images of building location and signs on their business location. Subscribing business or service also acknowledges that they (the subscriber) have an opportunity to remove such usage of applicable intellectual property during their viewing and approving process prior to purchasing a video usage subscription and agreeing to have it uploaded publicly by Visual Resumés and Service ad Videos™.

8. Clearance to Publish with the Potential of Earnings as a Biproduct

By uploading the advertising video that pertains to your business or service to our designated channels on various platforms that support video monetization, there exists a biproduct effect that could result in the promotion of our company's designated channels, our video pre-construction services, and our video subscription plan product. The subscriber agrees to our uploading of the advertising video that relates to their company, with knowledge of this potential earning biproduct effect and agrees to the video’s participation without any expectation of additional compensation, that does not involve specific earnings from the subscribed-to ad video's clicks and views.  If, or when, revenue begins to be earned due to clicks and views of the adverting video being on our company designated channel on any online platform that supports video and/or channel monetization, the subscriber agrees that no compensation for the advancement of our channel or our video pre-construction services and products will be expected by the subscriber, other than the earnings split agreed upon regarding specific clicks and views of the video that a subscriber is subscribed to use. This does not imply an opportunity for the subscriber to profit from our company's designated channel monetization. To learn more about the potential to earn from video views and clicks monetization, see Video Subscription Terms of Use and Conditions - 11. Potential Earnings from Video Monetization on Our Company-Designated Channels on Various Video Broadcasting Platforms

9. Video Downloading and Video Exclusive Use to Subscriber/Video Downloading Prohibition and Digital Rights Management for Download Protection

As is consistent with the other references here in our Limitation of Liability, you hold Visual Resumés and Service Ad Videos™ and its owner(s) and associates harmless for any damages related to or resulting from the illegal downloading of the customized, pre-constructed advertising video that you are subscribed to use. (See Disclosures and Disclaimers for further insights.)

10. Termination

Either party may terminate, or cancel, the subscription agreement with written notice at any time. Upon termination, Visual Resumés and Service ad Videos™ listed and posted liability ceases except on pending business-related issues.

11. Right to Refuse Service

Visual Resumés and Service ad Videos™ will be held harmless for refusal to pre-construct advertising videos that promote business that are not both federally legal and locally legal at any state level. Without discrimination against any federally protected group, Visual Resumés and Service Ad Videos™ maintains the right to refuse any further service to a subscriber or subscribing business or service who demonstrates malicious or harassing conduct towards our company, whether that conduct is exhibited online or during the process of conducting business with us. Visual Resumés and Service ad Videos™ will be held harmless for refusing to pre-construct adverting videos that promote business's that we find ethically questionable, or that we find to have an overwhelming negative affect upon society. These types of businesses, whether legal or illegal, may include businesses that promote prostitution, illicit drug use, or Ponzi schemes.

12. Governing Law and Jurisdiction

This Limitation of Liability clause shall be governed by the laws of the State of Washington, where video pre-construction production or services were performed, and/or where Visual Resumés and Service ad Videos™ is located. Any disputes shall be resolved exclusively in the courts of Washington State.

13. Updates to These Limitation of Liability

Visual Resumes and Service Ad Videos™ is at liberty to update these Limitation of Liability at any time. Limitation of Liability updates will be published on this website when they are implemented.

• Limitation of Liability Update Notification: Notification of updates to Limitation of Liability may be emailed to subscribers when updates are made.

Last updated: July 23, 2024