UPDATED March 01, 2023
These terms and conditions (the “Terms”) of this User Agreement (as herein defined) govern Your access to and use of Vidioo Media Group Inc.’s mobile applications that link to or reference this User Agreement and webApps (collectively, the “App“). By accessing, browsing, crawling, scraping or in any way using the App, You agree to the Terms set forth in this User Agreement
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE App CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT. DO NOT USE THE App IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.
“User” is someone who accesses, browses, crawls, scrapes or in any way uses the App. The terms “You“, “Your” and “Yourself” refer exclusively to You, as a User of the App. The terms “We“, “Us“, “Our“, and “Blueberry” refer exclusively to Vidioo Media Group Inc., a New York state corporation, Each of “You”, “Your”, “Yourself” and “We”, “Us”, “Our” and “Vidioo Media Group”, is a “Party” and together the “Parties”.
“Content” means text, images, photos, and all other forms of data or communication.”Your Content” means Content that you submit or transmit to or through the App you display as part of your account profile. “User Content” means Content that Users submit or transmit to or through the App. “Third Party Content” means Content that is made available on the App by parties other than Vidioo Media Group Inc. or its Users, such as data providers who license data to Vidioo Media Group for use on the App. “App Content” means all of the Content that is made available on the App, including Your Content, User Content, Third Party Content, and Vidioo Media Group Inc. Content.
Minors. If You are a minor (under the age of 18), You can use this service only with the consent and under the supervision of Your parents or legal guardians. If You are a minor, please do not submit any personal information to this webApp. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS App OR ANY OF ITS SERVICES FOR ANY PURPOSE.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE OR USE A BUSINESS MERCHANT ACCOUNT (as herein defined).
You must have the Blueberry app to enter into this User Agreement. i If You are between the ages of 14 to 18 years old, You must have consent and be under the supervision of Your parents before creating or using a Personal Account. You may not access or use the App if: (1) You believe You are a competitor of Ours, (2) We deem You as a competitor of Ours, or (3) We have previously banned You from the App. If You use the App on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to the this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, Vidioo Media Group Inc. may, at its sole discretion, elect to terminate Your account.
3. CHANGES TO THE USER AGREEMENT.
We may modify this User Agreement from time to time, for example, to reflect changes to the law or changes to the App. You should look at the User Agreement regularly. We’ll post notice of modifications to the User Agreement on this page. When changes are made, We will notify You by making the revised version available on the App and will indicate on the App the date on which revisions were last made. Changes will not apply retroactively and will become effective no sooner than thirty days after they are posted for pre-existing accounts. However, changes addressing new functions for the App or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms for this User Agreement, You should discontinue Your use of the App. You should revisit this User Agreement on a regular basis as revised versions will be binding on You. Your continued use of the App after any posted modification to this User Agreement indicates Your assent to the modified and/or restated User Agreement.
4. USER ACCOUNTS.
To use some of the features on the App, You may be required to create an account and provide information about Yourself to Us. You are exclusively responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason. There are two types of accounts:
“Personal Account ” is an account for Your personal, non-commercial use only. In creating a Personal Account, We ask that You provide complete and accurate information about Yourself to bolster Your credibility as a contributor to the App. You may not impersonate or provide an email address other than Your own, or create multiple Personal Accounts.
“Business Account” is an account to be used solely for the purpose of representing Your business on the App. In creating or updating a Business Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent. You may not provide an email address that is not Your own or create multiple Business Accounts for the same business. Your Business Account accepts these terms. It will hold harmless and indemnify Us from any claim, suit or action arising from or related to the use of the App or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. Additional terms associated with a Business Account are further set forth in the “Vidioo Media Group Inc. Customer Participation Agreement”, which, additional terms, applicable to all Business Accounts, are incorporated herein by reference.
As a merchant of Blueberry and Vidioo Media Group Inc. you agree to the Stripe Connect Platform Agreement.
As a merchant of Blueberry and Vidioo Media Group Inc., you agree to the Stripe Connect Account Agreement.
5. USE OF THE APP.
We grant You permission to use the App subject to the restrictions in this User Agreement. In using the App, You may be exposed to Content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate. Vidioo Media Group Inc. does not endorse such Content and as part and parcel of this User Agreement, specifically precludes all Users from submitting or posting such to the App.
Use of the App is available on mobile devices. Do not use the App in a way that distracts You and prevents You from obeying traffic or safety laws.
6. USE RESTRICTIONS.
We are under no obligation to enforce the User Agreement on Your behalf against another User. While We encourage You to let Us know if You believe another User has violated the User Agreement, We reserve the right to investigate and take appropriate action at Our sole discretion.
YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
use the App to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the App;
use the App to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
use the App for promotional or commercial purposes, except in connection with a Business Account and as expressly allowed in writing by Vidioo Media Group Inc.;
use the App in a manner that may create a conflict of interest, such as trading reviews with other business owners, compensating someone or being compensated to write or remove a review, or by writing a fake or defamatory review;
use the App for keyword spamming or to otherwise attempt to manipulate natural search results;
use the App to promote bigotry or discrimination against any persons or other Users for any reason;
use the App to violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any person or entity;
use the App to submit or transmit any nude images of any kind, pornography or illegal content;
use the App to solicit personal information from minors or to harm or threaten to cause harm to minors;
use the App in violation of this User Agreement or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App, or App Content (other than Your Content) or other User Content, except as expressly authorized by Vidioo Media Group Inc.;
reverse engineer any portion of the App, except as may be permitted under the law;
remove or modify any copyright, trademark or other proprietary rights notice on the App or on any materials printed or copied off of the App;
record, process or mine information about other Users;
use any robot, spider, App search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the App or any App Content;
access, retrieve or index the App to for purposes of constructing or populating a search-able database of business reviews;
reformat or frame any portion of the App;
take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Vidioo Media Group Inc.’s computer systems;
attempt to gain unauthorized access to the App, User accounts, computer systems or networks connected to the App through hacking, password mining or any other means; use the App or any App Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses“); use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App; make excessive traffic demands; use the App to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the App or App Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the App; and make any untruthful or defamatory statements.
7. PERMISSION TO USE YOUR CONTENT.
Vidioo Media Group Inc. will never sell it’s user contact information nor allow anyone to advertise to other businesses clients other than their own. For example, if you book or register with a Vidioo Media Group Inc. Business Account, you consent to receiving communications from that Business Account such as marketing information or appointment reminders.
We may use Your Content in a number of different ways, including displaying it on the App, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own webApps and media platforms (collectively, “Other Media“). As such, You hereby irrevocably grant Us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the App’s Users and the Users of any Other Media the right to access Your Content in connection with their use of the App and any Other Media. Finally, You irrevocably waive, and cause to be waived, against Vidioo Media Group Inc. and Our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” We mean use, copy , publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
8. RESPONSIBILITY FOR YOUR CONTENT.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including, but not limited to, anyone’s reliance on its accuracy, quality, reliability, completeness or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Vidioo Media Group Inc.. You may expose Yourself to liability if, for example, Your Content violates any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9. USE OF CONTENT.
We may remove or reinstate User Content from time to time at Our sole discretion. For example, We may remove a review if We believe it violates this User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We make any guarantees or representations concerning any confidentiality with respect to Your Content. Vidioo Media Group Inc. and its licensees may display advertisements and other information adjacent to or included with Your Content on the App and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You.
User Content (including any that may have been created by Users employed or contracted by Vidioo Media Group Inc.) does not necessarily reflect the opinion of Vidioo Media Group Inc.. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at Our sole discretion for any reason or no reason, and without notice to You. For example, We may remove a review if We believe it violates the User Agreement. We have no obligation to retain or provide You with copies of Your Content, nor do We guarantee any confidentiality with respect to Your Content.
10. USAGE PLANS, FEES AND BETA RELEASES
Usage Plans. Blueberry offers various usage plans for the Product, including:
Free trials, which offer limited functionality and will expire if not converted to a paid plan (“Trial Plans”);
Paid subscriptions either monthly or yearly, which allow you to create an unlimited number of invoices during a specific subscription period (“Paid Subscriptions”), schedule an unlimited number of appointments (“Paid Subscriptions”), run a point of sale to sell an unlimited amount of items (“Paid Subscriptions”), including other various financial solutions (“Paid Subscriptions”).
Auto-renewals and Other Important Terms. Renewals, subscription upgrades and other important billing terms are governed by our Billing Policy.
Fees. For Paid Subscriptions, you must pay all fees and taxes to Vidioo Media Group Inc. or the authorized third party (e.g., App Marketplace) through which you made your purchase, as specified in the Order Terms. All fees are non-refundable.
Beta Releases. As part of Vidioo Media Group’s effort to extend the functionality of Blueberry, certain features of the Blueberry application may be made available to customers on a “beta” basis (“Beta Releases”). If a customer chooses to use a Beta Release, the customer acknowledges that the Beta Release may not be complete or fully functional and may contain bugs, errors, omissions and other problems. Vidioo Media Group Inc. does not guarantee that future versions of a Beta Release will be made available under these Terms or otherwise.
11. Receiving Payments
General. The application may include features to allow you to receive payments from your own customers (“End Customers”) for invoices you generate through the application (“Blueberry Self-Employed”), from scheduling appointments, from running a point of sale and from requesting a payment. Vidioo Media Group Inc. uses Stripe, for payment processing services. By using the Stripe payment processing services you agree to the Stripe Payment Services Agreement available at Services Agreement – United States | Stripe.
If you use Blueberry, Blueberry may share certain of your Customer Data and other information about you with the Payments Partners and related integration partners, as described in our Privacy Notice. For clarity, your relationship with any Payments Partner (including their use of your information and any fees you owe) are governed by your separate agreement or terms with the Payments Partner. If you agree to directly provide Vidioo Media Group Inc. with the same or similar information, we will handle the information as Customer Data under these Terms and our Privacy Notice.
Your Responsibilities. Any purchase or payment is solely between you and the End Customer; Vidioo Media Group Inc. is not party to your transactions and assumes no liability or responsibility for your products, services or offerings. Vidioo Media Group Inc. is not your bank, agent, or trustee or otherwise involved in the flow of funds or payments. Any payment dispute must be resolved between you and the End Customer. WITHOUT LIMITING SECTION 12 (DISCLAIMER OF WARRANTIES) OR SECTION 13 (LIMITATION OF LIABILITIES) BELOW, Vidioo Media Group Inc. MAKES NO WARRANTY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR Vidioo Media Group Inc. PAYMENTS OR ANY DISPUTES, CHARGEBACKS, OVERCHARGES, DELAYED PAYMENTS, INSUFFICIENT FUNDS, EXPIRED CARDS, CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING WITHOUT LIMITATION POWER OUTAGES, SERVICE INTERRUPTIONS OR OTHERWISE) OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH Vidioo Media Group Inc. PAYMENTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Notwithstanding anything in these Terms to the contrary, Vidioo Media Group Inc. may modify, suspend or terminate Blueberry at any time, without notice or liability to you
12. APPOINTMENT POLICY.
As part of the services offered by the Blueberry application, Vidioo Media Group Inc. permits its users to make appointments with certain businesses. In the event that a user elects to reserve an appointment with an approved merchant of Blueberry, the user covenants and agrees that he/she/it will arrive at the designated appointment. You acknowledge and agree that Vidioo Media Group Inc. may suspend or terminate your account in the event that you fail to appear at any scheduled appointment. You represent, covenant and agree further that you will not make any appointments at which you do not intend to appear and you covenant and agree further to refrain from any and all conduct which may be adverse to the interest of each of the approved merchants of Blueberry. Each User covenants and agrees to defend, indemnify and hold harmless Vidioo Media Group Inc. from and against any and all conduct which may be adverse to any of the businesses soliciting appointments on Blueberry.
13. COPYRIGHT DISPUTE POLICY.
We have adopted the following policies and procedures with regard and copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA“). The address of Vidioo Media Group Inc.’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent“) is provided at the bottom of this section. It is Vidioo Media Group Inc.’s policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of Users determined by Vidioo Media Group Inc. to be a “repeat infringer” as referenced in the DMCA. We reserve the right to remove content alleged to be infringing without prior notice and at Our sole discretion.
14. App AVAILABILITY.
We reserve the right to modify, update, or discontinue the App at Our sole discretion, at any time, for any or no reason, and without notice or liability.
15. UNAUTHORIZED ACCESS.
We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the App, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
We may terminate or suspend Your account or ability to use the App, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your account or ability to use the App if You breach this User Agreement or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing Your account, the App, Your Content, App Content or any other related information. You may terminate this User Agreement at any time by closing Your account, discontinuing Your use of any and all parts of the App. If You close Your account, We will use commercially reasonable efforts to stop displaying Your account profile on the App, but may continue to display Your Content. In the event of any termination, this User Agreement will continue in full force and effect, including Our right to use Your Content.
Vidioo Media Group Inc. owns all content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, web and mobile application code, products, software, aggregate User review ratings and all other elements and components of the App excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with Blueberry’s content and the which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Vidioo Media Group Inc. Content in whole or in part except as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the App and the Vidioo Media Group Inc. Content are retained by Us.
19. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.
THE App AND ALL App CONTENT IS MADE AVAILABLE TO YOU ON AN “ AS IS ” BASIS. Vidioo Media Group Inc. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE App, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE App CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE App AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE App OR App CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE App. Vidioo Media Group Inc. FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Vidioo Media Group Inc. OR THE App SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. Vidioo Media Group Inc. DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF Vidioo Media Group Inc. OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. Vidioo Media Group Inc. FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE App AND App CONTENT. YOUR USE OF THE App AND App CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE App. Vidioo Media Group Inc. ALSO DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS OR USERS ON THE App. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH Vidioo Media Group Inc. RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Vidioo Media Group Inc.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, INJURIES OR CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Vidioo Media Group Inc. IN CONNECTION WITH THE App IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $1.00.
You agree to defend, indemnify and hold harmless Vidioo Media Group Inc., its members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of: (i) Your access to or use of the App, (ii) Your violation of this User Agreement, or (iii) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. Vidioo Media Group Inc. reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Vidioo Media Group Inc.. Vidioo Media Group Inc. will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
21. THIRD PARTIES.
The App may include links to other webApps (each, a “Third Party App”). We do not control or endorse any Third Party App, and You agree that We are not responsible for the availability or contents of such Third Party Apps. Your use of a Third Party App is at Your own risk. You may not distribute, sell, rent, sublicense or lease such Third Party Content, in whole or in part, to any third party; and You may not use it for any other purpose other than Your personal, non-commercial use.
Business Account such as hair and nail salons on the App are solely responsible for their interactions with You and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by You as a result of Your interaction with or visit to any Business Account, whether online or physical location(s), or from any product or service of any Business Account. You hereby release Vidioo Media Group Inc. from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims You may have against Vidioo Media Group Inc. pertaining to the subject matter of this Section 36.
23. CHOICE OF LAW AND VENUE.
If there is any dispute about or involving the App or Vidioo Media Group Inc., You agree that any such dispute will be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts in and for Alameda County, New York.
The Parties do not intent for this provision to negate or limit any provision of this User Agreement, nor of any other agreement between the Parties, that requires (1) mediation, arbitration or other non-judicial dispute resolution procedure; nor (2) non-binding action to attempt to resolve a dispute by agreement, such as (for example) escalation of the dispute to higher levels of the Parties’ managements; early neutral evaluation; negotiation; and/or remediation
24. MEDIATION – ARBITRATION.
If any dispute, controversy or claim arising out of or relating to the App, Vidioo Media Group Inc. or this User Agreement or the breach, termination, non-renewal of this User Agreement or the validity of this User Agreement cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If mediation fails to settle the dispute, the Parties agree the dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction.
In any action to enforce any right or remedy under this User Agreement or to interpret any provision of this User Agreement, the prevailing Party shall be entitled to recover its costs, including reasonable attorneys’ fees.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org