Terms of Service

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1. Your Acceptance

  1. 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 Privacy Policy, found at https://restore.media/policies/privacystatement and incorporated herein by reference.  If you do not agree to any of the terms or conditions in the Terms of Service or Access Softek’s Privacy Policy, please do not use the Service.
  2. Although Access 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 its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Your Account

  1. 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.
  2. Although 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

  1. Access Softek hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
    • You use the Service solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
    • You 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.
    • You 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.
    • You 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.
    • You agree not to alter or modify any part of the Service.
    • You agree not to circumvent, disable or otherwise interfere with security-related features of the Service.
    • You 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.
    • You 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.
    • You agree that, in your use of the Service, you will comply with all applicable laws.
  2. Access Softek reserves the right to discontinue any aspect of the Service at any time.

4. Your Uploaded Content, Authorization, and Consent

  1. 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”).
  2. 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 Content.
  3. 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.
  4. 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 herein.
  5. 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.
  6. 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.

5. Payment

  1. All pricing for use of the Service is custom. An invoice will be generated with a custom fee based on your Uploaded Content and the settings you select. Payment is due in full upon receipt of invoice. By making the payment, you are agreeing to the price and to Access Softek’s no-refund policy.  
  2. 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. Access Softek may offer a full or partial refund if it discovers a pricing or invoice error caused by Access Softek.

6. Intellectual Property

  1. Except for 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 copyright laws. 
  2. 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.
  3. 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.

7. Account Termination Policy

  1. You may terminate your account at any time by clicking to "Profile" button in header menu and then clicking to red "Delete" button when you authorized.
  2. Access Softek 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.

8. Warranty Disclaimer

  1. YOU 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.
  2. ACCESS 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.  

9. Limitation of Liability

  1. 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.
  2. YOU 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.

10. Indemnity

  1. 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:
    • Your use of and access to the Service;
    • Your violation of any term of these Terms of Service;
    • Your 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.
  2. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

11. Ability to Accept Terms of Service

  1. 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.
  2. If you are under 18 years of age, please do not use this Service.

12. Assignment

  1. These 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 restriction.

13. Dispute Resolution

  1. 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.
  2. 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 County, California.  
  3. 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: https://restore.media/Home/Contacts. 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.
  4. These Terms of Service, together with Access Softek’s Privacy Policy at https://restore.media/policies/privacystatement and any other legal notices published by Access Softek on the Service, shall constitute the entire agreement between you and Access Softek concerning the Service.
  5. 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.  
  6. 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.  
  7. Access Softek 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.
  8. 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.

 

Dated: 01/31/2017