These Terms of Service and End User License Agreement (this "Agreement") constitute a legal agreement between you and #VIDDL ("Viddl", "we", "our", or "us") stating the terms and conditions that govern your use of the mobile application provided herewith (the "Application") and the web site at viddl.app
(the "Site"). The Application and the Site are referred to together as the "Service." Please read this Agreement carefully. By downloading, installing, and/or using the Application or accessing and/or using the Site, you agree to be bound by and comply with the terms and conditions of this Agreement. You hereby represent and warrant that you are legally able to form a binding contract with Viddl. If you do not agree to these terms and conditions, do not download, install and/or use the Application or access and/or use the Site. We may at our sole discretion change, add, modify, or delete portions of this Agreement from time to time. Please review this Agreement for changes prior to use of the Service. Your continued use of the Service following the posting of changes to this Agreement constitutes your acceptance of any changes. This is an agreement between you and Viddl, and not with Apple, Inc.("Apple"), or Google, Inc. ("Google"), or others.
- Limited License to the Service and Content
Subject to the terms and conditions of this Agreement, Viddl grants you a personal, limited, non- exclusive and non-transferable license to install and use the Application for purposes on any device that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service (the "Usage Rules") or Google's Play Store Terms of Service for mobile devices specifically. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, and Apple and Google have no obligation to furnish any maintenance and support services regarding the Application. The terms of this license will govern any upgrades provided by us that replace or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Subject to the terms and conditions of this Agreement, Viddl grants you a personal, limited, non-exclusive, and non-transferable license to (i) access and use the Site, and (ii) use, publish, distribute, and display the pre-approved backgrounds, imagery, video templates, and music provided in the Service for the purposes of creating digital media content through the Service ("Licensed Materials").
- License Restrictions
All rights not expressly granted in Section 1 above are exclusively reserved to Viddl. When using the Service, you may not:
You must use the Service in compliance with all applicable laws. You must comply with applicable third-party terms of agreement when using the Service (e.g., your wireless data service agreement). Your right to use the Service will terminate immediately if you violate any provision of this Agreement. Your rights to use the Service are specified in this Agreement and all rights not expressly granted herein are reserved to Viddl.
- modify, adapt, copy, translate, create derivative works from, publish, license, sell, or otherwise commercialize the Service, Content (defined below), or any information or software associated with the Service;
- decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Service;
- remove, obscure or alter Viddl's copyright notice, trademarks, or other proprietary rights notices affixed to the Service or Content;
- rent, lease, sublicense, or otherwise transfer rights to the Service;
- use the Service in any manner that could impair or interfere with the Service;
- interfere or attempt to interfere with the operation of the Service in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Service or Content contained thereon or for any other purpose without our prior express written permission; or
- take any action that imposes an unreasonable or disproportionately large load on the Viddl infrastructure.
- Intellectual Property
Except for User Submissions (defined below) all intellectual property rights in and to the content, tools, text, logos, marks, data, audio, video, design, codes, layout, "look and feel", and other content that is included on the Service ("Content") is owned by Viddl or the applicable brand owners. Except for the license granted herein with respect to the Licensed Materials, your use of any Content without prior written consent is strictly prohibited.
- User Submissions
Subject to this Agreement and the functionality of the Service, you may comment on content, contribute to forums, and otherwise submit content (together, "User Submissions") through the Service. Any User Submissions that you submit to Viddl in connection with a contest, sweepstakes, or other promotion ("Promotion") will be subject to this Agreement unless the applicable terms, conditions, and/or official rules that govern the Promotion expressly state the contrary. You own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions through the Service, you grant Viddl a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub- licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with Viddl's business, including, without limitation, through the Service, for marketing and advertising purposes, and on Viddl merchandise in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on Viddl's behalf. You also grant each user of the Service a non-exclusive license to access your User Submissions through the Service.
- Requirements for User Submissions
You agree that, whether or not your User Submissions are published through the Service, Viddl offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Viddl to use your User Submissions as contemplated by the functionality of the Application and in this Agreement. You understand and agree that Viddl may display or distribute User Submissions along with your account name or other information you provide during any applicable registration process. When contributing User Submissions, you will not:
- Make false, misleading, obscene, or indecent statements;
- Participate in gambling or illegal activities;
- Post User Submissions that are defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;
- Repeatedly post the same or similar User Submissions or otherwise impose an unreasonable or disproportionately large load on Viddl's or its agent's infrastructure;
- Post irrelevant User Submissions or post User Submissions in inappropriate categories;
- Delete or otherwise revise or improperly interfere with any User Submissions posted by any other user of the Viddl Application;
- Post User Submissions that infringe or misappropriate any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
- Post chain letters, "junk mail", "spam," or pyramid schemes;
- Harm or harass others;
- Contact anyone who has asked not to be contacted; or
- Impersonate any person or entity.
- No Obligation to Publish
Viddl may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limiting the foregoing, if it determines that a User Submission is inappropriate or fails to comply with this Agreement. Viddl has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Service.
- Third-Party Content
Viddl, in its discretion, offers opportunities for its users to contribute User Submissions through the Service. You understand and agree that User Submissions are third- party content and are not created by Viddl. You understand that the Service aggregates User Submissions and other material in the Services, and that the User Submissions and other material does not necessarily represent the views of Viddl. In the case of Promotions, the bestowal of an award or prize by Viddl or its partner(s) does not signify Viddl's endorsement of that User Submission. Through your use of the Service, you may be exposed to User Submissions or other material that you may find inaccurate, deceptive, offensive, objectionable, or harmful. All User Submissions and other material are provided for your convenience only, and you assume all associated risks.
- Third-Party Websites
You may be able to link from the Service to third-party websites that take you outside of the Service ("Linked Sites"). Viddl has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites. Your interactions with Linked Sites are subject to the terms of service and other policies of those sites, so please use common sense as you navigate the Web and be aware when you leave the Service.
- Change or Update to Service; Termination
Viddl shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Service, including but not limited to content or features, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Service with or without notice or liability. From time to time, Viddl may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for an act on your part, or it may require you to manually download an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Viddl or otherwise.
VIDDL DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, Viddl is not responsible for those costs.
The Service may contain information about Viddl or other products or services. The information in the Application is accurate as of the date the Application is made available for download to you. Such information about Viddl or other products or services may be updated from time to time, including without limitation, when the Application may be updated or upgraded. You should periodically check whether an updated or upgraded version of the Application is available for download.
You agree that Viddl may terminate your use of this Service, and/or exercise any other remedy available to it, if Viddl reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Viddl or any third party, or for any reason with or without notice to you. You agree that Viddl will not be held liable to you or any third party as a result thereof.
You will indemnify and hold harmless Viddl, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney's fees, and other expenses of every nature and character by reason of (i) your use of the Service; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (iii) any acts or omissions by you or on your behalf with respect to any User Submissions posted by you and/or any third party.
THE SERVICE AND ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT, TRADE CUSTOM, OR USAGE. IN ADDITION, VIDDL DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR USER SUBMISSIONS, CONTENT, AND LINKED SITES; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICE OR CIRCUMSTANCES OVER WHICH VIDDL HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VIDDL HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE OR USE OF ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDDL THROUGH THE SERVICE CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE.
VIDDL DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of the Service results in the need for servicing or replacing property, material, equipment or data, Viddl is not responsible for those costs.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Your downloading, installation and use of the Service is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the downloading, installation or use of the Service.
- Disclaimer of Apple's Liability; Third Party Beneficiary Rights
Neither Apple nor Google will be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to (i) product-liability claims, (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer-protection laws or similar legislation, and (iv) claims by any third party that the Application or your possession and use of the Application infringes the intellectual property rights of the third party. You agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- Limitation of Liability; Exclusion of Damages
VIDDL WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THE SERVICE, THE USE OR INABILITY TO USE THE SERVICE, THE RESULTS GENERATED FROM THE USE OF THIS SERVICE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
Viddl is not liable for any lost data resulting from use of the Service and/or the enforcement of this Agreement. Viddl disclaims any and all liability for the acts, omissions and conduct of any users on the Service or otherwise related to your use of the Service. Viddl is not responsible for the products, services, actions or failure to act of any other third party in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIDDL'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID TO VIDDL, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
If you have a dispute with one or more users of the Service, you release Viddl (and its officers, directors, agents, employees, and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Copyright Policy
If you believe that your work has been copied and posted through the Service in a way that constitutes copyright infringement, please provide us by email with a written notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- identification of the allegedly infringing material and where that material is located on the Service;
- your name, address, telephone number, and email address;
- 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 the law;
- a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Wireless Access Charges
Certain Application functions may require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
- Uninstalling the Application
Uninstallation methods may vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
- Information About You