Terms of Service

CAPTIVATE

TERMS OF SERVICE

Captivate Services

Captivate.ai (“Captivate”) provides “Clients” a platform for the following services:

  1. The conversion of videos submitted by Clients (not longer than sixty (60) minutes)into multimedia clips between ten (10) seconds and five (5) minutes long, which Captivate then sends to the Clients for publication;
  2. The design and creation of digital graphics; and
  3. The publication of blog posts (collectively, “Content”).

The Content and associated management services (including this website and all associated platforms) offered by Captivate (collectively, the “Captivate Services”) are hosted in the United States. When Clients submit Content, or when Users (defined below) utilize Captivate Services, they agree to these Terms of Service (“Terms”).

By accessing and/or using Captivate Services, you agree to be bound by these Terms, whether you access Captivate Services without being registered (a “Visitor”) or as a Client who submitted Content or otherwise interacted with Captivate. For purposes of these Terms, “User” shall include Visitors and Contributors.

In the event Captivate discontinues any Captivate Service(s), it will provide Clients forty-eight (48) hours of written notice of such discontinuation, unless Captivate intends to supersede the discontinued Captivate Service(s) with comparable service(s), in which event no such written notice is required.

 

Eligibility for Captivate Services

Utilization of Captivate Services (including registration to become a Client (“Membership”)) is only permitted in accordance with the provisions of these Terms. By registering, you, the Client, make the following warranties and representations to Captivate:

  1. Accuracy of Information. All information you provide in order to register or otherwise utilize Captivate Services is truthful and accurate to the best of your knowledge, and you will maintain the accuracy of such information by promptly updating any change of information on file with Captivate;
  2. Compliance with Terms. You will comply with all provisions set forth in these Terms;
  3. Age. You are at least eighteen (18) years of age; and
  4. Legal Compliance. Your use of Captivate Services does not violate any applicable municipal, regional, state, or federal law.

In the event Captivate, at its sole and exclusive discretion, determines that you violated any of the provisions of this section, it may temporarily disable or permanently delete your account and/or terminate your Membership without issuing you notice.

 

Client Accounts and Content

When you, a Client, access Captivate Services and register on the Captivate website or any associated platform, we may collect the following information:

  1. Your name;
  2. Your primary street and/or mailing address; and
  3. Your email address.

By providing your email address, you agree to receive periodic updates from Captivate related to your account and Captivate products and/or services. However, Captivate will provide you an option to limit marketing communications.

You may delete your Captivate account and terminate your Membership at any time, for any or no reason, by contacting [email protected] Nevertheless, certain provisions of these Terms shall survive the deletion of your Captivate account and/or termination of your Membership.

Captivate may delete your Captivate account and terminate your Membership at any time, for any or no reason, by giving you written notice (via in-platform notification or email sent to the most recent email address on file with Captivate) of no less than twenty-four (24) hours unless otherwise specified in these Terms. Nevertheless, certain provisions of these Terms shall survive the deletion of your Captivate account and/or termination of your Membership.

Captivate reserves the right to reassign or rename your profile URL at its sole and exclusive discretion.

Captivate may reject, refuse, delete, or otherwise remove any Content for any or no reason, including failure to comply with the provisions of these Terms. Notwithstanding the foregoing, Captivate assumes no responsibility for, or obligation to, monitoring Captivate Services for inappropriate Content or conduct, removing any inappropriate Content, or the conduct of any User submitting any Content.

 

User Warranties and Representations

You, the Client, are solely and exclusively liable for any and all Content you submit to Captivate. By submitting Content, you make the following warranties and representations to Captivate:

  1. Ownership of Content. Subject to the rights and/or licenses you grant to Captivate (if applicable) pursuant to these Terms or any other agreements between you and Captivate, you own all rights in and to the Content you submit;
  2. Consent. You possess all necessary consent from all person(s) (natural or legal) appearing in the Content you submit;
  3. Age. Neither you, nor are any individuals appearing in such Content are a natural person under the age of eighteen (18) years (unless you are the minor’s parent or legal guardian);
  4. Use of Product or Service. You use the product or service described in the Content;
  5. Candor in Content. The submitted Content reflects your (and any other person appearing in the Content) honest and factual opinions, findings, beliefs, and experience about or with the product or service described therein;
  6. Candor in Advertisement. In the event the Content you submit includes advertisements, such Content does not include any statements about the advertiser, its products, or its services, that the advertiser itself could not make directly due to the statement(s) being false or misleading.

 

Digital Millennium Copyright Act

Captivate takes all allegations of violation of the Digital Millennium Copyright Act (“DMCA”) seriously. In the event you believe your work has been infringed through, or using, Captivate Services, please promptly send Captivate a notice of claimed infringement containing all of the following information:

  1. Identification of the copyrighted work claimed to have been infringed upon;
  2. Your contact information (including mailing address, email address, and telephone number);
  3. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
  4. A written statement by you, made under penalty of perjury, that the information stated in your notice is true and accurate to the best of your knowledge, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  5. Your physical or electronic/digital signature.

Please send all DMCA notices to Captivate in accordance with the provisions of the “Notices” section of these Terms or via email to [[email protected]].

 

Third-Party Services

Certain services provided by third parties (“Third-Party Services”) may be made available through, or in association with, Captivate Services. Third-Party Services may include, without limitation, websites, desktop or mobile device applications, or services integrated into Captivate accounts or otherwise shared with Users. Third-Party Services may utilize your Captivate account information (excluding any financial information) and connections and share events between Captivate and the applicable Third-Party Service.

When you engage with a Third-Party Service, you are interacting with a separate party, not with Captivate, and the Third-Party Service may use and share your data in accordance with its own privacy policy and your privacy settings with such Third-Party Service. In no event is Captivate responsible for, and Captivate makes no warranties, express or implied as to, Third-Party Services or the third-party providers of such Third-party Services.

You, the Client, are solely responsible for any material or information that you transmit to, and for your interactions with, Captivate Users, third-party developers, or any other parties with whom you interact through Captivate Services and/or Third-Party Services. Captivate reserves the right, but has no obligation, to resolve any dispute(s) arising between you and such Third Parties to the extent of the utilization of Captivate Services.

 

Privacy

Privacy rights and concerns in connection with the utilization of Captivate Services is governed by the Captivate Privacy Policy, which is incorporated into these Terms by reference and may be reviewed here.

 

User Indemnification

In utilizing Captivate Services, you, the User, agree to indemnify and hold Captivate, its subsidiaries, affiliates, subcontractors other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your utilization of Captivate Services in violation of these Terms and/or arising from a breach of your representations and warranties set forth in these Terms.

 

General Disclaimers

CAPTIVATE IS NOT LIABLE FOR, AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE AS TO THE CONTENT, OR THE ACCURACY AND RELIABILITY OF SUCH CONTENT, SUBMITTED THROUGH OR IN CONNECTION WITH CAPTIVATE SERVICES OR THIRD-PARTY SERVICES, BY USERS OF CAPTIVATE SERVICES OR THIRD-PARTY SERVICES, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF CAPTIVATE. IN ADDITION, CAPTIVATE IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY, OR LOSS CAUSED BY USERS OF CAPTIVATE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN CAPTIVATE      SERVICES OR THIRD-PARTY SERVICES. CAPTIVATE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN ITS OPERATION OR THE TRANSMISSION OF INFORMATION. CAPTIVATE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY COMPUTER SYSTEMS, SERVERS OR PROVIDERS, EQUIPMENT, OR SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET. UNDER NO CIRCUMSTANCES SHALL CAPTIVATE      BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF CAPTIVATE SERVICES OR      THIRD-PARTY SERVICES.

 

CAPTIVATE SERVICES AND THIRD-PARTY SERVICES ARE PROVIDED “AS-IS” AND AS-AVAILABLE, AND, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAPTIVATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CAPTIVATE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR IN CAPTIVATE SERVICES IS ACCURATE, COMPLETE, OR CURRENT, OR THAT CAPTIVATE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE. CAPTIVATE MAKES NO      REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON OR IN CAPTIVATE SERVICES FOR ANY PURPOSE. CAPTIVATE CANNOT GUARANTEE, AND DOES NOT PROMISE, ANY SPECIFIC RESULTS FROM UTILIZATION OF CAPTIVATE SERVICES OR THIRD-PARTY SERVICES.

 

Limitation of Liability

IN NO EVENT SHALL CAPTIVATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR UTILIZATION OF CAPTIVATE SERVICES OR THIRD-PARTY SERVICES, EVEN IF CAPTIVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAPTIVATE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAPTIVATE FOR CAPTIVATE SERVICES DURING THE TERM OF YOUR MEMBERSHIP.

 

Export Controls

You shall not download, transmit, or otherwise export or reexport any software associated with Captivate Services or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, no such software or underlying information or technology may be downloaded, transmitted, or otherwise exported or reexported:

  1. Into (or to a national or resident of) the Republic of Cuba, the Republic of Iraq, the State of Libya, The Democratic People’s Republic of Korea (North Korea), the Islamic Republic of Iran, the Syrian Arab Republic, the Republic of the Sudan, or any other country to which the United States has embargoed goods; or
  2. To any person on the United States Department of the Treasury’s list of Specially Designated Nationals or the United States Department of Commerce’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Term

These Terms shall go into effect on the Effective Date (specified below) and shall remain in full force and effect at all times while you utilize Captivate Services or maintain a Membership. You accept the provisions of these Terms by utilizing Captivate Services.

 

Additional Terms of Service

Your access and utilization of certain Captivate Services may require you to accept additional terms and conditions applicable to such certain Captivate Services, in addition to these Terms, and may require you to download software or other content. In the event you refuse such additional terms, such certain Captivate Services may become unavailable to you.

 

Assignment

You may not assign the provisions of these Terms (by operation of law or otherwise) without the prior written consent of Captivate. Captivate may freely assign the provisions of these Terms without your prior written consent or without prior notice to you.

 

Amendment

Captivate may freely amend these Terms at its sole discretion; provided, however, that, in the event Captivate determines, in its sole discretion, any such modification to be material, it will issue all Clients written notice of such change via in-platform notification or email. Your continued utilization of Captivate Services following any such modification constitutes your acceptance of these Terms as modified.

 

Waiver

No failure by Captivate to insist upon the strict performance of any covenant, duty, agreement, or condition of these Terms or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement, or condition.

 

Severability

If any provision(s) of these Terms is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision(s) of these Terms or invalidate or render unenforceable such provision(s) in any other jurisdiction.

 

Governing Law

These Terms and all related agreements, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, statute, or otherwise, are governed by, and construed in accordance with the laws of the State of Colorado (including its statutes of limitations and  choice of law statutes), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.

 

Disputes

In the event of a dispute arising between you and Captivate, and you and Captivate fail to amicably resolve the dispute within thirty (30) calendar days of Captivate receiving notice of such dispute, you and Captivate shall proceed to binding arbitration before a single (1) arbitrator of the American Arbitration Association (“AAA”). In the event you and Captivate fail to agree on the identity of the arbitrator, the arbitrator shall be assigned to the dispute by the AAA. Any arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures.

The seat of arbitration shall be Denver, Colorado.

You and Captivate shall bear your own dispute-related expenses.

 

Jury Trial Waiver

To the full extent permitted by law, you and Captivate hereby expressly waive any and all right to a trial by jury on the issue to enforce any provision(s) or condition(s) of these Terms.

 

Class-Action Waiver

Any proceedings to resolve any dispute arising from the provisions of these Terms shall be conducted solely on an individual basis. Neither you nor Captivate shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either you or Captivate acts or proposes to act in a representative capacity.

 

Notices

All legal notices, requests, consents, claims, demands, and waivers sent to Captivate shall be in writing and addressed as set forth in this section.  All notices shall be delivered by nationally recognized overnight courier (with all fees prepaid) or electronic mail if adequate confirmation of receipt is provided.  Except as otherwise provided in these Terms, a notice is effective only if (i) Captivate has received the notice and (ii) you have complied with the requirements of this section. Notice is deemed received:

  1. In the case of nationally recognized overnight courier, the date and time the courier confirms delivery; or
  2. In the case of email, the date and time Captivate’s server receives the email.

All legal notices under this section shall be sent to the following contact and address:

 

Captivate.ai
Attn: Founder and CEO
250 Fillmore St.
Ste. 150
Denver, CO 80206

YouTube API

Captivate.ai makes use of YouTube’s API. As such, users of our platform are subject to YouTube Terms Of Services and Google Privacy policy and Revocation link for users Google Security Settings.

Effective Date and Contact

The Effective Date of these Terms shall be November 2, 2021.

To contact Captivate regarding any questions about these Terms, please email any questions and/or comments to [[email protected]].

 

 

CAPTIVATE.AI, 2022