PRIVACY POLICY

eVid, Inc.

Welcome, and thank you for visiting www.eVid.com (the “Site”).  The Site is owned and operated by eVid, Inc., a California corporation (“eVid” or the “Company”).

By accessing or using this Site, you (on behalf of yourself or the business you represent) agree to the terms of this Privacy Policy and the Terms of Use Agreement for this Site, and consent to the processing of your personal information as described here.  Please review the Terms of Use Agreement for additional detail regarding your use of this Site.

This document sets forth the eVid Online Privacy Policy (the “Privacy Policy”) for the Site.  If you have objections to the Privacy Policy, you should not access or use this Site.  BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.  This Privacy Policy does not govern privacy practices associated with offline activities or other eVid web sites.

Personal information (“Personal Information”) is defined as any information, other than your User ID, that identifies or can be used to identify, contact, or locate the person to whom such information pertains.  Personal Information that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection.  eVid reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the Site.  If as the result of such changes, you want to alter the ways in which eVid is allowed to use your Personal Information, you can do so by editing your account information after login.

You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site after such notice has been posted for thirty (30) days with the following exception: If at the time you provide personal information to eVid you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by eVid or by third parties, eVid will not change your preference in this regard without your express consent.  However, if eVid sells all or substantially all of its assets to another entity, or in the event eVid is acquired by, or is merged with or into, another entity, eVid may provide to such entity with customer information that is related to that part of our business sold to or merged with the other entity without your consent.

Collection of personal information

As a visitor or registered user to this Site, you can engage in some activities without providing any personal information such as reading about the Site features and benefits. In connection with other activities, such as registering/subscribing to the services offered on the Site or utilizing online software applications, eVid may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, eVid may ask that you provide us Personal Information, including your first and last name, mailing address (including ZIP or postal code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering products or certain support services on the Site, you may be asked to provide payment or deposit at such a time. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

When you use the Site, eVid or third parties authorized by eVid, including software vendors utilizing eVid copy protection (“Vendors”) may also collect certain technical and routing information about their product authorizations or with respect to your account for verification and support purposes.

Unless expressly provided to the contrary, Personal Information that you provide while you are visiting a Vendor’s Web site will be subject to the privacy policy posted on such site, and Personal Information that you provide while on this Site in conjunction with a Vendor’s service will be subject to the applicable Privacy Policy.

How your personal information is used

eVid collects your information in order to record and support your participation in the functionality and features you select on the Site.  Your information is used to identify you and your account on the Site.  If you subscribe to a service or purchase a product on the Site, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users by eVid, including but not limited to access to the account itself.

The User ID you use and information concerning the authorizations granted to you will not be considered Personal Information on this Site. Personal information is considered to be the following required information: First Name, Last Name, and email address. In addition, the optional address and contact information is also considered personal if entered. If you do not agree to have your User ID disclosed to the Vendors, do not use this Site.

At no time will eVid ever sell your name or personal information nor will it provide such to any party outside those Vendors who support eVid technology.

Your personal information is used to keep you informed about product upgrades, special offers, and other products and services of eVid and selected third parties if you have so opted to receive such communications. Your choices for opting in and out will dictate how and when your information is used. You may change your preferences at any time by going to your account settings after login.

eVid does not, without your permission, distribute to third parties information you have submitted to this Site that identifies you personally, other than your User ID, unless you so specifically opt to do so.

In the event a disclosure contrary should inadvertently occur, eVid will use reasonable efforts to limit and remedy the disclosure, but will accept no liability for such disclosure. Some portions of the Site may permit you to post certain information that may identify you. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, accessible to the extent that you have opted to share that information.

eVid intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to eVid or on the Site.

Protection of your Personal Information

The personal information that you provide in connection with registering yourself as a user of eVid products or services or registering a eVid product, such as your login password, is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. We recommend that you do not divulge your password to anyone. In addition, your registration Information resides on secure servers that only selected eVid personnel have access to via password. eVid strives to prevent unauthorized parties from viewing such information when it is transmitted to eVid.

Updating your Personal Information and privacy preferences

You have the right to access and correct your Personal Information and privacy preferences at any time. With respect to Registration Information, this may be accomplished by linking to your account at Edit Your Account where you can view and make changes to your personal information.

Please note that if you provide eVid with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), eVid cannot guarantee that your most recent privacy preference will be honored.

Also, please note that eVid is not responsible for the content or privacy practices of non-eVid Web sites to which this Site or any other eVid Web site may link. You should review the privacy policy of such sites before using the sites.

Your choices with respect to Personal Information

eVid recognizes and appreciates the importance of responsible use of information collected on this Site. Without your consent, eVid will not communicate any information to you regarding products, services, and special offers available from eVid, although we may find it necessary to communicate with you regarding your use of the services on this Site. Except in the particular circumstances described in this Privacy Policy, eVid will also not provide your name to other companies or organizations without your consent.

What Are Cookies and Are You Required to Accept Them?

Cookies are small files that are stored on your computer.  The Site uses cookies to help optimize your experience on the Site.  For example, the Site may use session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to store your preferences, identify you and maintain your signed-in status, and provide you with a more personal and interactive experience. You can set your browser to refuse cookies or delete persistent cookies by following your browser’s help instructions.  If you choose to disable cookies, some of our services may not work properly and you may not be able to use certain functionalities on the Site.

Changes in Privacy Policy

All Personal Information that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. eVid reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. If as the result of such changes, you want to alter the ways in which eVid is allowed to use your Personal Information, you can do so by following the procedure described below in the section titled “Updating your Personal Information and privacy preferences.”

Disclaimers

THE SITE IS PROVIDED BY EVID “AS IS” AND WITH ALL FAULTS. EVID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, EVID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVID SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. EVID DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVID SPECIFICALLY INFORMS YOU THAT EVID MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

Exclusion of damages and limitation of liability

UNDER NO CIRCUMSTANCES SHALL EVID, ITS SUPPLIERS, VENDORS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR ANY OTHER POLICY APPLICABLE TO THE SITE) EVEN IF EVID, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. DUE TO THE FACT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF EVID, ITS SUPPLIERS, VENDORS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

General terms

This Privacy Policy is governed by the laws of the State of California, without regard to any conflict of law provisions which may otherwise cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it.  The failure of eVid to enforce any provision or right of this Privacy Policy will not constitute a waiver of such provision or right. This Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of this Privacy Policy to be unenforceable, the remainder of this Privacy Policy will continue in full force and effect.

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