1. Your Acceptance
By visiting Access
Softek, Inc.’s Video Recovery Services website, vrecover.softek.info, (the
“Website”) or by using any of the services provided to you by Access Softek on,
from, or through the Website (the “Service”) you signify your agreement to (1)
these terms and conditions (the “Terms of Service”) and (2) Access Softek’s
and incorporated herein by reference. If you do not agree to any of the terms
do not use the Service.
Softek may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version. Access
Softek may, in its sole discretion, modify or revise these Terms of Service and
or revisions. Nothing in these Terms of Service shall be deemed to confer any
third-party rights or benefits.
2. Your Account
In order to use
the Service, you will have to register and create an account. You may never
use another person’s account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account
password secure. You must notify Access Softek immediately of any breach of
security or unauthorized use of your account.
Access Softek will not be liable for your losses caused by any unauthorized use
of your account, you may be liable for the losses of Access Softek or others
due to such unauthorized use.
3. Use of the Service
hereby grants you permission to access and use the Service as set forth in
these Terms of Service, provided that:
use the Service solely as intended through the provided functionality of the
Service and as permitted under these Terms of Service.
understand and agree that Access Softek will only store your Uploaded Content
for the limited amount of time that is necessary for Access Softek to perform
or attempt to perform the Service. Access Softek does not guarantee return of
any Uploaded Content. Please keep a copy of all Uploaded Content for your
files. Access Softek is not responsible for any loss of data or content
related to the Uploaded Content.
understand and agree that, though Access Softek may attempt to restore corrupted
portions of the Uploaded Content, Access Softek does not guarantee that it can
successfully do so. It is possible that the Uploaded Content may become
further corrupted or damaged through use of the Service.
understand and agree that, though Access Softek does not typically view the
Uploaded Content in performing the Service, Access Softek reserves the right to
do so, should viewing be necessary or helpful to performing the Service.
agree not to alter or modify any part of the Service.
agree not to circumvent, disable or otherwise interfere with security-related
features of the Service.
agree not to collect or harvest any personally identifiable information,
including account names, from the Service for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any users of the Service.
agree not to use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that accesses the Service in a manner that
sends more request messages to the Access Softek servers in a given period of
time than a human can reasonably produce in the same period by using a
conventional online web browser.
agree that, in your use of the Service, you will comply with all applicable
Softek reserves the right to discontinue any aspect of the Service at any time.
Content, Authorization, and Consent
In addition to the
general restrictions above, the following restrictions and conditions apply
specifically to the content you upload to Access Softek’s Video Recovery
Services website (“Uploaded Content”).
You agree that
prior to using the Service and submitting Uploaded Content, you will create a backup
copy of the Uploaded Content or otherwise retain a copy of the Uploaded Content
for your files. Except as expressly provided for herein, Access Softek shall not
be liable under any circumstances for any data loss relating to the Uploaded
By using the
Service, you authorize Access Softek, its employees, contractors, and agents to
receive, evaluate, access, view, use, copy, and modify your Uploaded Content
and to take any and all other reasonable steps and measures necessary to assess
recoverability and to repair and recover, or attempt to repair and recover,
data from you Uploaded Content.
You shall be
solely responsible for your Uploaded Content and the consequences of submitting
your Uploaded Content to the Service. You affirm, represent, and warrant that
you own or have the necessary licenses, rights, consents, and permissions to access,
view, use, copy, and modify your Uploaded Content. You further affirm,
represent, and warrant that the Uploaded Content you submit to the Service will
not contain third party copyrighted material, or material that is subject to
other third party proprietary rights, unless you have permission from the
rightful owner of the material or you are otherwise legally entitled to post
the material and to grant Access Softek all of the license rights granted
Access Softek will
retain your Uploaded Content for the amount of time required to perform or
attempt to perform the Service. If Access Softek is able to repair or recover
data from your Uploaded Content, Access Softek will deliver to you the repaired
and/or recovered data. At no time shall Access Softek be obligated to retain
your Uploaded Content for longer than necessary to perform or attempt to
perform the Service or to return the Uploaded Content to you.
You agree not to
upload pornographic content, terrorist instructions, classified information of
the United States government, or any other content in violation of United States
federal or state law. Access Softek may at any time, without prior notice and
in its sole discretion, delete such Uploaded Content and/or terminate a user’s
account for submitting such material in violation of these Terms of Service.
Payment is due in
full when you submit your Uploaded Content to the Service.
Access Softek will
take all reasonable steps to attempt to repair and/or recover the data from
your Uploaded Content. However, repair and/or recovery is not always
possible. Access Softek does not offer refunds for the Service, regardless of
whether the Uploaded Content was repaired or recovered.
material in the public domain under United States copyright law, all material
contained on the Website (including all software, HTML code, Java applets,
Active X controls and other code) is protected by United States and foreign
You may not copy,
distribute, transmit, display, perform, reproduce, publish, license, modify,
rewrite, create derivative works from, transfer, or sell any material contained
on the website without the prior consent of Access Softek.
You may not
reverse-engineer, disassemble, decompile, transcribe, store in a retrieval
system, translate into any language or computer language, retransmit in any
form or by any means (electronic, mechanical, photo reproduction, recordation
or otherwise), resell, or redistribute any of the material contained on the
Website without the prior written consent of Access Softek.
You may terminate
your account at any time by
clicking to "Profile" button in header menu and then clicking to red "Delete" button
reserves the right to decide whether a user has violated these Terms of Service
and may at any time, without prior notice and in its sole discretion, terminate
a user’s account for such a violation.
AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, ACCESS SOFTEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICE AND YOUR USE THEREOF.
SOFTEK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT ITS ABILITY TO PERFORM THE
SERVICE OR THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF ACCESS SOFTEK’S 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 THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICE OR FOR ANY LOSS OR
DAMAGE OF ANY KIND, INCLUDING LOSS OF DATA OR UPLOADED CONTENT, INCURRED AS A
RESULT OF THE USE OF THE SERVICE.
IN NO EVENT SHALL ACCESS
SOFTEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE
SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF ACCESS SOFTEK’S 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 THE SERVICE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICE OR FOR
ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING LOSS OF DATA OR UPLOADED CONTENT,
INCURRED AS A RESULT OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACCESS SOFTEK 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.
SPECIFICALLY ACKNOWLEDGE THAT ACCESS SOFTEK SHALL NOT BE LIABLE FOR THE CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
To the extent
permitted by applicable law, you agree to defend, indemnify and hold harmless Access
Softek, its 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:
use of and access to the Service;
violation of any term of these Terms of Service;
violation of any third party right, including without limitation any copyright,
property, or privacy right;
Any claim that your Uploaded Content caused damage to a third party.
This defense and
indemnification obligation will survive these Terms of Service and your use of
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.
If you are under
18 years of age, please do not use this Service.
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Access Softek without
13. Dispute Resolution
You agree that the
Service shall be deemed solely based in California and the Service shall be
deemed a passive website that does not give rise to personal jurisdiction over Access
Softek, either specific or general, in jurisdictions other than California.
These Terms of
Service shall be governed by the laws of the State of California, without
respect to its conflict of laws principles. Any claim or dispute between you
and Access Softek that arises in whole or in part from the Service shall be
decided exclusively by a court of competent jurisdiction located in Alameda
You agree that, at
least sixty (60) days prior to filing any formal dispute with Access Softek,
you will first submit a written pre-dispute notice to Access Softek at: http://restore.media/polices/privacystatement . The pre-dispute notice must
state your name, the factual and legal bases for your dispute, and an
itemization of all claimed losses you allege Access Softek is liable for. This
notice will enable Access Softek to review, evaluate, and potentially resolve
the dispute to the satisfaction of both you and Access Softek without the need
for formal proceedings.
These Terms of
published by Access Softek on the Service, shall constitute the entire
agreement between you and Access Softek concerning the Service.
If any provision
of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect.
No waiver of any
term of this these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Access Softek’s failure to assert
any right or provision under these Terms of Service shall not constitute a
waiver of such right or provision.
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the Service following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms.
YOU AND ACCESS
SOFTEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.