Terms And Conditions Of 3Pod

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (the "Terms" or the "Agreement") BEFORE USING THE SERVICES. ALL USERS OF THE SERVICES AGREE THAT ACCESS AND USE OF THE SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAWS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

Description and Access to Services

The 3Pod software platform is provided by 3Pod Group LLC ("3Pod") and allows you (hereinafter referred to as "user") as an authorized user to access and use a set of online marketing and advertising campaign tools and services (collectively, the "Services"). The Services are available to users, and hereby the user is granted a limited right and license to access and use the Services through memberships, subject to the terms and conditions set forth herein. To use the Services, the user must establish a user account with 3Pod, which can be accessed by entering an authorized name, an email address, a designated password, and other required information requested from the user at the initial registration of the user account or upon login.

Video Memberships
 

Types of Memberships

At 3Pod, we offer our service for free or through paid memberships that allow you to upload and share video content. You can acquire a plan by choosing from the 3 service options available on our platform. Advertised prices and features may change.

Free Accounts

3Pod users can use the video service for free only if they have an active builder membership. All builder memberships come with 1 GB of storage, ten thousand visits (10K), and a limit of 500 MB weight for each video that can be uploaded to the platform. These videos uploaded for free on our server may contain advertising from 3Pod or any of our advertisers. As this is a free platform for some of our users, advertising is a way for 3Pod to generate revenue to maintain its servers and continue improving the platform.

Video Membership:

The user must pay all memberships (plus taxes) during their subscription period and any renewal period. Our memberships can be monthly or annually. 3Pod may adjust its memberships from time to time. We will attempt to notify you in advance of such membership changes before your next billing cycle. If you do not wish to accept a membership change, you may cancel your subscription in accordance with this agreement.

Free Trials and Discounts:

We may offer free or discounted trial subscriptions. When a free trial period ends, your paid subscription begins (unless you have canceled the membership or trial) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; on any renewal, you must pay the full fee.

Refund Policy:

Subject to the terms herein, 3Pod users acquire the membership directly on the 3Pod platform and these can be canceled and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual membership. Monthly memberships have no refunds and are final purchases. Our refund policy does not apply to

• Plans or monthly memberships.
• In-app purchases;
• Memberships charged immediately after a free trial period ends;
• Attempted abuse of the refund policy (i.e., by subscribing and repeatedly requesting refunds);
• Subscription renewals or migrations to other plans;
• Fees other than annual or monthly membership fees;
• Requests made after specified periods;
• Customers who have violated this Agreement or whose accounts have been terminated in accordance with our Copyright Policy;
• Customers who joined using a promotion that expressly waived our refund policy;
• Customers who have initiated a chargeback dispute.

Automatic Renewal:

To the extent permitted by applicable law, memberships automatically renew at the end of each membership period unless cancelled in advance. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly membership fee (plus any tax) when each renewal period begins. Unused storage, bandwidth, and other usage limits do not carry over.

How to Cancel Renewal:

3Pod users can visit the membership section on the platform to cancel their video membership to prevent it from renewing for an additional period. These cancellations do not generate any refunds. 3Pod may reject renewals at any time without cause. If a membership is cancelled, it will terminate when the paid period ends, and the membership will be automatically cancelled. It is your responsibility to ensure that the membership is successfully cancelled within the account to prevent another renewal.

Expiration Policy:

When a subscription ends, the account, at 3Pod's discretion, will revert to a free membership, lose access, or be deleted. Any account content may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. 3Pod will not be liable for any loss of content. We may publish additional guidelines regarding the treatment of expired memberships. These guidelines solely describe current practices and will not require 3Pod to provide any level of post-subscription account status.

Reselling:

You may not sell, resell, rent, lease, or distribute any membership or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or cancel accounts sold through authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.

Membership Prices:

The prices listed on the 3Pod platform are stated in US Dollars (USD). These prices include any applicable taxes. If a user requests an invoice, it will be issued in USD, and the cost will not be reduced in any way.

Membership or service prices on the 3Pod platform are subject to change without prior notice (they may increase or decrease). If the price per membership decreases, previously formalized memberships with payment will remain at the same amount and are not subject to any refund to the user's favor.

Copyright Policy:

3Pod users may only upload content that they have the right to upload and share. Copyright owners may submit a takedown notice to 3Pod as outlined in our Copyright Policy if they believe that 3Pod hosts infringing materials. Under appropriate circumstances, we will review and terminate the accounts of users who repeatedly infringe on this.

DMCA Policy

3Pod respects the intellectual property of others and expects its users to do the same by carefully managing the content they upload. Each user must ensure that the materials they upload do not infringe on any third-party copyrights. 3Pod will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") when properly notified that the materials infringe on a third party's copyright. In appropriate circumstances, 3Pod will also terminate the accounts of repeat copyright infringers.

When submitting any request, please ensure that your notification is complete and your statements are accurate. If we request additional information necessary to complete your notification, please provide that information promptly. Failure to provide the required information may result in your request not being processed or being unable to process it. For complaints unrelated to copyright, please refer to our Trademark Infringement Complaint Form or our Privacy Complaint Form.

DMCA Takedown Notices

To request the removal of materials based on copyright infringement, you must submit a notice containing the following:

• Your name, address, telephone number, and email address (if applicable).
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the Vimeo service the material you claim is infringing can be found, sufficient for Vimeo to locate the material (e.g., the URL of the video).
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you, UNDER PENALTY OF PERJURY, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• Your electronic or physical signature.

You can submit your notification:

Online: DMCA Complaint Form

By email: [email protected]

3Pod may disclose notices to affected users and third-party databases that collect information about copyright takedown notices.

Your Obligations

Representations and Warranties

For each piece of content you submit to or through 3Pod, you represent and warrant that:

• You have the right to submit the content to 3Pod and grant the licenses set forth herein;
• 3Pod will not need to obtain licenses from any third party or pay royalties to any third party with respect to the permitted transmission or other distribution of the content;
• You have obtained appropriate authorizations (if necessary) from all individuals appearing in the content;
• The content does not and will not infringe upon the rights of third parties, including intellectual property rights, publicity rights, moral rights, and privacy rights; and
• The content complies with this Agreement and all applicable laws.

Indemnification

You will indemnify, defend, and hold harmless 3Pod Group LLC and its subsidiaries, parent companies, and affiliates, as well as their respective directors, officers, employees, and agents, from and against all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising out of or relating to: (a) the content you submit to the Services or through them; and (b) allegations of actions or omissions by you that (whether or not proven) would constitute a breach of this Agreement.

Disclaimers of Liability

3POD PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE". YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 3POD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, 3Pod and its services make no representations or warranties:

• That our Services, or any part thereof, will be available or permitted in your jurisdiction, without interruptions or errors, completely secure, or accessible from all devices or browsers;
• That we will host, make available, or remove any specific content;
• Regarding any content submitted or actions of our users;
• That any digital rights management solution or geographic filtering we may offer will be effective;
• That our Services will meet your business or professional needs;
• That we will continue to support any particular feature or maintain compatibility with older versions with any third-party software or device; or
• Regarding users' websites, projects, and/or third-party resources.

Any dispute arising in connection with this Agreement shall be exclusively resolved in the Courts of Atlanta, GA USA.