VYDIFY Terms and Conditions

By engaging the services of VYDIFY, you are certifying you have read and agree to the following Terms and Conditions.

Payment. Payment is due in full at the time you initiate the process to produce a VYDIFY video and select a specific video “style” from the on-line store. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.

Reservation of Rights. Any and all rights not expressly granted here are reserved to VYDIFY and its parent company Narr8 Media, LLC, including copyright and ownership rights in raw or finished photos, videos, graphics, audio, animation, and other constituent files. VYDIFY reserves the right to use said photo and videos for the company’s portfolio, samples, self-promotions, entry in contests, editorial use. VYDIFY further reserves the right to license, distribute, or syndicate said photos and videos to its commercial partners within the specific industry for which it is intended.

Usage. You are authorized to use photo or video produced for you by VYDIFY for purposes of promoting your own real estate listing, vacation rental or rental property and business or the brokerage, or business featured in said photos or videos. This authorization is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time. You may not distribute, transmit, license, or sell said photos or videos or usage rights to any third party or copy, modify, reproduce, or create derivative works from said photos or videos, unless you first obtain the express written consent of VYDIFY.

Licenses, Releases and Authorizations. By contracting with VYDIFY to produce videos, you certify you have obtained all appropriate releases, permissions, licenses and/or authorizations for the production of said photos and videos. You agree to indemnify and hold harmless VYDIFY against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release, permission, license, or authorization was obtained or uses which exceed the uses allowed pursuant to a release, permission, license, authorization.

Indemnification/Hold Harmless. In addition to the terms and conditions presented here, you shall also indemnify and hold VYDIFY and its parent company Narr8 Media, LLC, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, or any distribution of the content created thereunder, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from your negligent or intentional acts or omissions and/or those of your officers, agents, independent contractors, employees, family members, invitees, and/or guests.

Miscellany. VYDIFY reserves this right to modify these Terms and Conditions at any time and without notice. Modification, waiver, or breach of any part of these Terms and Conditions by you or by VYDIFY does not release you from adherence to any other part of these Terms and Conditions or to these Terms and Conditions as a whole. The relationship between you and VYDIFY will be governed by the laws of the State of Utah.

Protection of Privacy. VYDIFY must obtain certain information from you to enable correspondence about your account. VYDIFY takes appropriate safeguards to protect your information and will never sell or give your personal information to any third party, except as required by law, to fulfill our contractual obligations to you, or in order to collect monies due.

Email permissions and usage. VYDIFY will use email as the primary means of contacting you regarding your account. We will also use your email address for marketing communications. By providing your email address, you give permission for both purposes. If you would like to opt-out of email marketing communications, please send your opt-out request to [email protected].

VYDIFY PRIVACY POLICY Effective February 1, 2016

VYDIFY, is owned and operated by Narr8 Media, LLC and provides video marketing services specifically designed for real estate, vacation and rental properties. Products include, but are not limited to, videos, and photography. It is the policy of VYDIFY to respect users’ personal information that is collected while providing our services. This policy is written for the purpose to help you understand our privacy practices in collecting, using, and disclosing information related to your use of our services. By using VYDIFY, you agree to the terms of this Privacy Policy as stated.

THE INFORMATION VYDIFY COLLECTS

When you become a VYDIFY client/customer, we may gather personal information provided by you such as name, photo, company name, phone number, address, e-mail address, password, and website information. When you pay for our services, a third party may collect personal information in the form of credit card account numbers and information, which that third party processes for us. That third party is prohibited from using any of your billing information except as needed to process credit card payments on behalf of Narr8 Media, LLC and VYDIFY.

HOW VYDIFY USES THE INFORMATION

We use the information collected on our website to respond to your inquiries, fulfill your requests, and to send you administrative information, such as updates to policies or products and services. The information we collect may also be used to enhance and improve your customer experience and to offer you products, programs, features or services that may be of interest to increase traffic for your property. Information we collect might be combined with other records and shared with other parties to enhance our ability to market specific products or services that may be of specific interest you. We may also use the information we collect from and about you for our business purposes, such as data analysis, audits, and improving our marketing and services.

HOW WE DISCLOSE THE INFORMATION

VYDIFY utilizes and engages certain trusted third parties to perform specific functions and provide services to us, including, without limitation, hosting and maintenance; customer relationship management; database storage, management, and analysis; and direct marketing campaigns. We may also use third-party vendors to assist in evaluating customer experiences and improving our products and services. We will only share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

We will not sell, share, trade or rent your personal information to third parties for their promotional purposes without your explicit consent.

We may use and disclose the information we collect from and about you as we believe to be necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities, including those outside your country of residence; (3) to comply with legal process;(4) to protect our operations or those of any of our affiliates; (5) to enforce our Terms of Service (6) to allow us to pursue available remedies or limit the damages that we may sustain, and (7) to protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others. Please note that if Narr8 Media, LLC or VYDIFY as a subsidiary, or any of its affiliates, subsidiaries, or lines of business is sold or otherwise disposed of, including through merger, consolidation, or sale of assets, or in the unlikely event that Narr8 Media, LLC or VYDIFY, goes out of business or enters bankruptcy, the relevant customer database, including all personal information, may be disposed of, transferred, or otherwise disclosed as part of that transaction, and you acknowledge that the acquirer of any of the aforementioned entities or products may continue to use your information as set forth in this Privacy Policy.

SECURITY

VYDIFY has established appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect from you in order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of customer information. It is not possible to guarantee that all data transmitted over the Internet or a wireless network is 100% secure.

IMPORTANT NOTICE TO NON-U.S. RESIDENTS

Our services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our services and/or providing us with any information, you irrevocably consent to this transfer.

OUR POLICY TOWARD CHILDREN

We never collect information from those we actually know to be under 13, nor do we allow registration of users under the age of 13.

NON-U.S.TRANSFER

Your information and data may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, including the United States, which may have different data protection rules than in your jurisdiction.

UPDATING OR CHANGING YOUR PERSONAL INFORMATION

In order to best serve you, it is solely your responsibility for ensuring that all personal information you provide to us is kept current.

RETENTION PERIOD

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

PRIVACY COMPLAINTS AND QUERIES

If you have questions or concerns about the personal information we collect, you may contact us at [email protected].

CHANGES TO THIS PRIVACY POLICY

VYDIFY may modify this Privacy Policy from time to time. The most current privacy policy can be viewed at http://vydify.com/privacy. Your continued use of our services constitutes your agreement to be bound by the modified Privacy Policy. If you do not agree to the modified Privacy Policy, your only remedy is to discontinue using our services. For questions regarding this Privacy Policy, please contact [email protected].