PRIVACY POLICY

Protecting your private information is our priority. This Statement of Privacy applies to www.vdolabs.com and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to www.vdolabs.com include VDO. The VDO website is an information site. By using the VDO website, you consent to the data practices described in this statement.


Collection of your Personal Information

VDO may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future.


Information about your computer hardware and software may be automatically collected by VDO. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the VDO website.


VDO encourages you to review the privacy statements of websites you choose to link to from VDO so that you can understand how those websites collect, use and share your information. VDO is not responsible for the privacy statements or other content on websites outside of the VDO website.


Use of your Personal Information

VDO collects and uses your personal information to operate its website(s) and deliver the services you have requested.


VDO may also use your personally identifiable information to inform you of other products or services available from VDO and its affiliates. VDO may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.


VDO does not sell, rent or lease its customer lists to third parties.


VDO may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to VDO, and they are required to maintain the confidentiality of your information.


VDO may keep track of the websites and pages our users visit within VDO, in order to determine what VDO services are the most popular. This data is used to deliver customized content and advertising within VDO to customers whose behavior indicates that they are interested in a particular subject area.


VDO will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VDO or the site; (b) protect and defend the rights or property of VDO; and, (c) act under exigent circumstances to protect the personal safety of users of VDO, or the public.


Use of Cookies

The VDO website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.


One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize VDO pages, or register with VDO site or services, a cookie helps VDO to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same VDO website, the information you previously provided can be retrieved, so you can easily use the VDO features that you customized.


You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the VDO services or websites you visit.


Security of your Personal Information



VDO secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.



Children Under Thirteen

VDO does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.


Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from VDO by contacting us here:

­

- Email: hello@vdolabs.com





Changes to this Statement

VDO will occasionally update this Statement of Privacy to reflect company and customer feedback. VDO encourages you to periodically review this Statement to be informed of how VDO is protecting your information.


Contact Information

VDO welcomes your questions or comments regarding this Statement of Privacy. If you believe that VDO has not adhered to this Statement, please contact VDO at:


Fulspoon LLC d/b/a VDO Labs

70 N Kinderkamack Rd

Montvale, NJ 07645


Email Address:

hello@vdolabs.com


Telephone number:

929.244.0594


Effective as of January 30, 2020

 

WEBSITE TERMS OF SERVICE

Agreement between user and www.vdolabs.com

Welcome to www.vdolabs.com. The www.vdolabs.com website (the "Site") is comprised of various web pages operated by Fulspoon LLC d/b/a VDO Labs ("VDO"). www.vdolabs.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.vdolabs.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.


www.vdolabs.com is an E-commerce Site.  

VDO Labs provides video advertising services which includes developing video advertisements and placing them on various video platforms for display to consumers.


Privacy

Your use of www.vdolabs.com is subject to VDO's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.


Electronic Communications

Visiting www.vdolabs.com or sending emails to VDO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


VDO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.vdolabs.com only with permission of a parent or guardian.


Cancellation/Refund Policy

You may cancel your subscription at the end of your current term.


Links to third party sites/Third party services

www.vdolabs.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of VDO and VDO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VDO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VDO of the site or any association with its operators.


Certain services made available via www.vdolabs.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.vdolabs.com domain, you hereby acknowledge and consent that VDO may share such information and data with any third party with whom VDO has a contractual relationship to provide the requested product, service or functionality on behalf of www.vdolabs.com users and customers.


No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.vdolabs.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to VDO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.


All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of VDO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.


You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. VDO content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of VDO and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VDO or our licensors except as expressly authorized by these Terms.


International Users

The Service is controlled, operated and administered by VDO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the VDO Content accessed through www.vdolabs.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless VDO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. VDO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VDO in asserting any available defenses.


Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VDO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.


VDO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VDO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VDO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VDO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/access restriction

VDO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and VDO as a result of this agreement or use of the Site. VDO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VDO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VDO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VDO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VDO with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Subscription Agreement

The terms of business relationship between VDO and you are defined in the Subscription Agreement separately, provided on www.vdolabs.com.

                                                  

Changes to Terms

VDO reserves the right, in its sole discretion, to change the Terms under which www.vdolabs.com is offered. The most current version of the Terms will supersede all previous versions. VDO encourages you to periodically review the Terms to stay informed of our updates.


Contact Us

VDO welcomes your questions or comments regarding the Terms:


Fulspoon LLC d/b/a VDO Labs


70 N Kinderkamack Rd

Montvale, NJ 07645


Email Address:

hello@vdolabs.com


Telephone number:


929.244.0594

Effective as of January 30, 2020

 

SUBSCRIPTION AGREEMENT

GENERAL CONTRACT FOR SERVICES (SUBSCRIPTION AGREEMENT)



This Contract for Services is made effective  by and between you ("CLIENT") and Fulspoon LLC d/b/a VDO ("VDO") of 70 N Kinderkamack Rd, Montvale, NJ 07645, as of the completion of the purchase of a Subscription Package by you from VDO (“Purchase Date”).


1. DESCRIPTION OF SERVICES. Beginning on Purchase Date, VDO will provide to CLIENT ­ the following services (collectively, the "Services"):


1. Develop video advertisements 2. Place video advertisements online 3. Track, Monitor and Optimize video marketing campaigns 4. Any related services as determined by VDO


2. PAYMENT. Payment shall be made to Fulspoon LLC d/b/a VDO of Montvale NJ.


CLIENT agrees to pay VDO as follows:


CLIENT will pay as per subscription package they purchase, and charges will be debited by VDO automatically on a monthly basis at the start of the month.



If any charge is not paid when due, interest will be added to and payable on all overdue amounts at 8 percent per year, or the maximum percentage allowed under applicable New Jersey laws, whichever is less.


CLIENT shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if CLIENT fails to pay for the Services when due, VDO has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. CLIENT account may be placed under collection if payment is not made within 60 days after due date.


3. TERM. This Contract may be terminated by VDO upon 30 days prior written notice to the CLIENT. The CLIENT may terminate the contract upon 30 days prior written notice provided the CLIENT has completed the minimum contract term per the Subscription Package they purchased.


4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by VDO in connection with the Services will be the exclusive property of VDO. Upon request, CLIENT will execute all documents necessary to confirm or perfect the exclusive ownership of VDO to the Work Product.


5. CONFIDENTIALITY. VDO, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of VDO, or divulge, disclose, or communicate in any manner, any information that is proprietary to CLIENT. VDO and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract for a period of 1 year. Any oral or written waiver by CLIENT of these confidentiality obligations which allows VDO to disclose CLIENT confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences. Notwithstanding the above, CLIENT hereby allows VDO to share confidential information with any service providers in order to enable performance of Services, under terms that the service provider will maintain confidentiality of the shared information.  


6. WARRANTY. VDO shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in VDO's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to VDO on similar projects. However, the services will be provided on an as-is basis with no recourse for underperformance except termination of the contract.


7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:


 a.        The failure to make a required payment when due.


 b.        The insolvency or bankruptcy of either party.


 c.        The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.


 d.        The failure to make available or deliver the Services in the time and manner provided for in this Contract.


8. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have Twenty days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.


9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.


10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.


Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.


11. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.


12. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.


13. AMENDMENT. This Contract may be modified or amended in writing by VDO at any time with notification to CLIENT. If the CLIENT does not accept the amendments, then both parties shall have the right to terminate the contract.


14. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of New Jersey.


15. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person, or by certified mail, or by email or any electronic form such as fax, to the contact information provided by the CLIENT separately and by VDO in the opening paragraph.


16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.


17. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.


18. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.


19. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.


IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Purchase Date. CLIENT’s agreement to make payment for the Subscription Package hereby implies acceptance of this agreement.

 

929.244.0594

©2020 by VDO | Policies