Terms of Service

This Terms of Service Agreement is between you (the "Member" as defined herein) and SAID Media Pty Ltd and sets forth the terms and conditions governing your use of the Site and the Software.

By using and/or visiting the ADSIMISSED.COM OR BizVidzONLINE.COM WEBSITES (collectively, including all Content available through "SAID Media Pty Ltd", (hereafter referred to SAID Media) websites, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF SAID Media's PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use SAID Media websites.

Ability to Accept Terms of Service: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SAID Media websites is not intended for children under 13. If you are under 13 years of age, then please do not use the SAID Media websites — there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

SAID Media reserves the right to change these terms and conditions at any time without notice. The changes will appear on this screen and are effective immediately. If you do not agree with any of the terms or conditions contained in this Agreement or with any future change to this Agreement, do not use the Site or do not continue to use the Site after such change has been implemented.

Websites Access: SAID Media hereby grants you permission to use their Websites as set forth in this Terms of Service, provided that:

1. You will otherwise comply with the terms and conditions of these Terms of Service.
2. You will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for its intended purpose.
3. You will not copy or distribute any part of the Websites in any medium without SAID Media's prior written authorisation.
4. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes.
5. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.
6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses our Websites in a manner that sends more request messages to the SAID Media servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, SAID Media grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SAID Media reserves the right to revoke these exceptions either generally or in specific cases.
7. You must not submit material which:
   1. does not comply with all relevant laws;
   2. infringes the intellectual property rights of any person including any company or organisation;
   3. is disparaging, fraudulent, obscene, offensive, defamatory, of any business or service provider;
   4. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
   5. is misleading or deceptive or likely to mislead or deceive including, videos, photos or text that do not match the Service or Business;
   6. comprise anything which may adversely reflect on SAID MEDIA or any website on which Your Material is published; or
   7. include references or links to other websites or HTML enhancement text where you have no legal rights or ownership;

NOTE: Some features of this Websites may require of you to create an account. When creating your account, you must provide accurate and complete information. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account details such as passwords secure. You must notify SAID Media immediately of any breach of security or unauthorised use of your account. Although SAID Media will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of SAID Media or others due to such unauthorised use.

BizVidz Membership Services and Fees: SAID Media offers on its BizVidz service free until the 31st January 2011 which is subject to change and this website will be used to notify any changes.
All video uploads are limited to 30 seconds in duration and subject to final upload by SAID Media following scrutiny for appropriate content. The 30 Second upload limit is available as a promotional offer for all businesses signing on to BizVidz before 31st December, 2010.

Should your video upload exceed 30 seconds, you may be charged an additional monthly fee for every 30 seconds or part thereof over and above the allowed allocation of 30 seconds once the promotional period has expired.

By registering with SAID Media, you authorise SAID Media to charge your credit card if required in the amount of $275 inc GST for video and editing fee. SAID Media retains the right, in its sole discretion, to increase, at any time, the Subscription Fee. Once trial period has ceased you must pay the Subscription Fee on a monthly basis. The Subscription Fee will be charged to your credit card on the anniversary day of the month your account was activated. You may update your credit card information at any time through the Billing Information profile.

Should your credit card be inactive or otherwise unable to process the Subscription Fee due at the monthly anniversary date, SAID Media will notify you by e-mail. You will then have 7 days to update your credit card information in the Billing Information profile. If at the end of 7 days your credit card is still inactive or unable to process the Subscription Fee due, SAID Media reserves the right to remove your video ad and all other information from our database and server and terminate your access to and use of the website and all other services, without any further notice to you.

Offers and Promotions: SAID Media may offer FREE subscription of the BizVidz service until the 31st January 2011.

If after the FREE usage, you elect to continue with the BizVidz service, you will have the opportunity to login in and resubmit business information and video as it pertains to this service.

Refund Policy: If at any time you are not satisfied with the service that SAID Media provides, you will have the right to submit in writing or via email to BizVidz@adsimissed.com, your dissatisfaction. Upon receipt of your refund request, SAID Media will credit the current months Subscription Fee to your credit card and will remove your account from our database and server.

Termination: You agree that SAID Media may restrict or terminate your use of the website, with or without notification to you, should you intentionally attempt to damage the site or violate any member's security or right of privacy. You also agree that the submission of pornographic material, use of profanity, use of words or phrases that discriminate based on race, sex, color or religious beliefs is prohibited on this site and will constitute immediate removal of the offending account. If any of the above requires the removal of an account, the account owner will be notified and there will be no refund or prorating of the most recent payment. Further payments will not be deducted from the affected account as a result of account termination.

Privacy - To read how SAID Media collects uses and discloses your personal information see our privacy policy

Limitation of Liability In no event shall SAID Media, its Officers, Directors, employees or agents be liable to you for any direct, indirect, special, incidental, punitive, consequential damages whatsoever resulting from any:

1. errors, mistakes, or inaccuracies of content
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our websites
3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our websites
4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our websites by any third party, and
5. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the said media websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that SAID media shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Websites are controlled and offered by SAID Media from its facilities in Australia. SAID Media makes no representations that the SAID Media websites is appropriate or available for use in other locations. Those who access or use the SAID Media websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Disclaimer of Warranties
Notwithstanding any other statement on the SAID Media websites, SAID Media makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored by SAID Media or otherwise available through SAID Media. Everything on the website is provided to you "as is" and "as available". Access to information on the various SAID Media websites depends upon operation of internet and communications facilities which are not owned or controlled by SAID Media. SAID Media therefore assumes no liability for any transmission delay, service interruption, data corruption, or other problem connected with accessing the SAID Media websites.
Accuracy pertaining to the personal and company information you enter during the registration or application process is your sole responsibility. It is also your responsibility to complete the forms and answer the questions to your best ability. You are responsible for your own username and password and who you allow to use them.

Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SAID Media without restriction.

General
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
You agree that:

1. the SAID Media Websites shall be deemed solely based in Australia as a company and;
2. the SAID Media Websites shall be deemed a passive websites that does not give rise to personal jurisdiction over SAID Media, either specific or general, in jurisdictions other than Australia.
3. These Terms of Service shall be governed by the internal substantive laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and SAID Media that arises in whole or in part from the SAID Media Websites shall be decided exclusively by a court of competent jurisdiction located in Australia.

BizVidz Terms of Service, together with the Privacy Notice and any other legal notices published by SAID Media on its Websites, shall constitute the entire agreement between you and SAID Media concerning the SAID Media websites.

Indemnity
You agree to defend, indemnify and hold harmless SAID Media, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. your use of and access to the SAID Media websites
2. your violation of any term of these Terms of Service
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SAID Media websites.

Copyright Notice
SAID Media owns the copyright to all original material contained in this website. This material is Copyright 2012 SAID Media Pty Ltd