Vidmeter Terms of Service
Posted March 6, 2007

This agreement is made between Holt Labs, a San Diego partnership operating Vidmeter, its investors, employees, and affiliates (herein "Vidmeter") and you with all the organizations, employees, investors, and affiliates that you represent (herein "the User"). This document represents the entire agreement between the User and Vidmeter. By using or visiting Vidmeter.com and the information stored there the User hereby agrees to these terms. If the User does not agree to these terms, then the User does not have Vidmeter's legal consent to use this website.

1. Legal Disputes
The User agrees that Vidmeter operates solely from San Diego, California and does not give rise to personal jurisdiction in any location other than San Diego, California. Any and all legal disputes against Vidmeter will be filed in San Diego court and governed by California law.

2. Right of Refusal
The User agress that Vidmeter has the right to refuse service to the User for any reason without notice and without liability.

3. Limitation of Liability
The User agrees that Vidmeter is not responsible for any damages, losses, costs, debts, or other injuries incurred from the use or misuse of its services; including, but not limited to attorney's fees.

4. No User Risk
Vidmeter agrees that use of free trials and free services on Vidmeter's website does NOT obligate the User to any service payments. Vidmeter will never charge, invoice, or hold liable the User for any service fees without the User's express intent to purchase a service by entering their payment information on Vidmeter or one of its affiliates.

5. Servie Obligation
Any and all services offered by Vidmeter are provided at Vidmeter's discression and do not constitute an obligation to the User for future service. The User agrees that Vidmeter has the right to charge for service, change pricing, and cancel services at any time. Should changes be made, Vidmeter will notify the User a reasonable amount of time beforehand. As stated in Article 4, the User will never be obligated for any new or increased fees without their prior express consent.

6. Refunds
Vidmeter will issue refunds to the User for the pro-rated amount of unused time on advance payments from the date the cancellation request was received through the end of the payment period for amounts greater than US$5.00.

7. User Intellectual Property
By using Vidmeter's Tracker service, the User agrees to allow Vidmeter to embed the tracked videos and video thumbnails on its website and those of its affiliates; including, but not limited to the User's account, other accounts, and the "top 100 videos."

8. Passwords
The User agrees that they are responsible for keeping their account passwords private. The User agrees that they are liable for any malicious activity conducted to Vidmeter as a result of leaking their passwords.

9. Trademarks
Vidmeter, Vidmeter Tracker, Vidmeter 100, and Vidmetrix are trademarks of Holt Labs. Addicting Clips, Atom Films, Break.com, Brightcove, Daily Motion, Google, Grouper, iFilm, Metacafe, Myspace, Revver, Veoh, vSocial, Yahoo, Youtube, and other video host names are trademarks of their respective owners.

10. Changes
This User agrees that this agreement is subject to change at any time. Changes will take effect 7 days from the day the notice is posted. The User agrees that any continued use of Vidmeter following this 7-day period constitutes an agreement to the changes in terms.