Vidmaker Terms of Service
- Your Acceptance
Welcome to the Terms of Service for the Vidmaker website and any associated services. This is a legally binding agreement (“Agreement”) between, Vidmaker, Inc. (“Vidmaker"), the owner and operator of www.Vidmaker.com (the “Site ”), the Vidmaker software (“Software”) and any Vidmaker services ( “Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site, Software, and Service.
Throughout this Agreement, the words “Vidmaker,” “us,” “we,” and “our,” refer to our company, Vidmaker Inc and our Site, Software, or any Services, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through the Software, Site and Service, including but not limited to text, photos, pictures, comments, designs, data, videos, or any other information will be referred to as “Content” throughout this Agreement
- Description of Service
Vidmaker is an online, free, collaborative video editor which allows users to publish videos. Users may use our Service and Software to connect with third party services like YouTube or Facebook to share videos created by themselves and other users. Vidmaker is available to everyone over the age of 13. However, if you are under 18 you must have you parent’s permission before using the Vidmaker Site, Software, or Service. Please be aware that our Software, Site and Service are offered “as is” and with “all faults.”
- User Accounts
- License Grant
We make our Service or any associated Software available through our Site. When you access or use our Software, you are given the right to access one copy of the Software to use with our Service.
We grant you a non-commercial, personal, non-exclusive, revocable, limited license to use our Site and use any Software associated. You acknowledge that we maintain all right, title, and interest in our Software. This means you cannot sell our Software anywhere else, share your license to use our Software with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Software. Even if we offer our Software for free, you must still abide by these provisions. You obtain no ownership rights when you access our Software, you instead receive a license to install or use the Software within the confines of this Agreement. All rights not expressly granted are reserved by Vidmaker.
- License Restrictions
You are responsible for your use of our Software. You agree not to access, copy, or otherwise use the Software unless permitted through this Agreement or in writing by us. Additionally, you agree to abide by the restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Software or any portion of it.
- You may not share your license with any other parties.
- You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Software.
- You may not violate any laws, rules or procedures of the United States.
- You may not attempt to transmit any malicious or unsolicited code through our Software.
- You may not violate any requirements, procedures, policies or regulations of networks connected to Vidmaker.
- You may not violate any of our additional policies.
- You may not download or use the Software except through specific channels provided by us.
- You may not use the Software on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not attempt to interfere with or disrupt our Software in any way.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Software or access to it or derive income from the use or provision of the Software unless enabled through the functionality of our Software.
Please be aware that this is not an all-encompassing list of restrictions, if you breach these restrictions, we may revoke your license to use our Software at our discretion. Additionally, we may revoke or restrict your access to our Software if we believe that your actions may harm us or the Vidmaker Software. Failure by us to revoke your license does not act as a waiver of your conduct.
- Termination of Vidmaker Software License
The license to use our Software is effective once you begin using our Service or Software. You may terminate the license at any time by discontinuing your use of the Software or Service and destroying any copies of the Software in your possession or under your control. Vidmaker may terminate this Agreement and your use of our Software, if at our sole discretion we believe that you have violated this Agreement or if we believe it is in our best interest to do so. We are not required to provide you an explanation for our termination of this Agreement.
- Your Content and our Service
We are not required to host, display, migrate, or distribute any of your Content and we may refuse to accept or transmit any Content or delete your Content from Vidmaker at any time. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information. Vidmaker may at its discretion remove, modify, or delete any Content owned by you that is stored on our Software or Service.
When submitting any Content to our Site, Service and Software you represent and warrant that you own all rights to your Content or you have paid for or have permission to use any Content submitted.
When you submit any Content to us, you grant Vidmaker and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and transmit Content to facilitate the Services provided to you. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.
- User Guidelines
When using our Service, you are responsible for your use of Vidmaker, and for any use of Vidmaker made using your account. You agree not to access, copy, or otherwise use our Software and Service including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Vidmaker. You agree that:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Vidmaker servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Vidmaker grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Software;
- You may not violate any laws, rules or procedures of the United States while using our Software;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, Software, or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Service or Software;
- You will not collect or harvest any personally identifiable information, including account names, from the Service or Software;
- You will not access the Site or Service through any technology or means other than those provided or authorized by the Service or Software;
- You will not to stalk, harass, bully or harm another individual;
- You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You will use the Software only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Vidmaker for any criminal communications or for transmitting any child pornography;
- You will not hold Vidmaker responsible for your use of our Site or Software;
- You will not to violate any requirements, procedures, policies or regulations of networks connected to Vidmaker;
- You will not interfere with or disrupt the Site, Software, or Service;
- You will not hack, spam or phish us or other users;
- Your Content is legal;
- You will not violate any law or regulation and you are responsible for such violations;
- You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our Site or Software that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Vidmaker reserves the right to suspend or terminate any account at any time without notice or explanation.
- Modification of Software
We reserve the right to alter, update, or remove our Software or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes.
- Service and Site Availability
We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you any desired results.
- Service Disclaimer
Although we aim to provide you accurate data and content through our Software and Service, please be aware that our Service, Software, and any information found within it are offered “as-is.” You agree that information received from our Software may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Software will cause you to experience any increased benefits of any sort. You agree to release us from any liability that we may have to in relation to your use of our Software and Service.
- Compliance With All Laws and Regulations
Vidmaker is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, and national US laws regarding your use of our Site and Service. Our Software and Service is void where prohibited.
- Intellectual Property Rights
The design of the Vidmaker Service along with Vidmaker created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Vidmaker, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Vidmaker reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
- Effects of Termination
We may terminate or suspend service, your account, or the Software without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Upon termination your information may not be accessible but we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Please be aware that once Service termination occurs, your account information including any Content stored on our Site, Service, and Software may become inaccessible immediately.
- Representations and Warranties
THE SERVICE AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIDMAKER, INC. NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE AND SOFTWARE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIDMAKER OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
VIDMAKER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. VIDMAKER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIDMAKER DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND VIDMAKER SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. VIDMAKER DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH VIDMAKER.
- Limitation of Liability
IN NO EVENT SHALL VIDMAKER INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, SOFTWARE, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, SITE, OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY SOFTWARE ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL (VI) BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA (VI) LOST SAVINGS, PROGRAMS, DATA, PROFITS OR REVENUE OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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 .
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. EACH PARTY DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 US DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Vidmaker Inc 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 Vidmaker Site and 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; or
- any claim that any of your Content or actions through Vidmaker caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Vidmaker Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- Age Compliance
Vidmaker and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and Software and please do not submit any information to us.
- Takedown Notice
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our agent at [email protected]
- Choice of Law
This Agreement shall be governed by the laws in force in the state of Wisconsin. The offer and acceptance of this contract is deemed to have occurred in Wisconsin.
- Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Dane County, WI.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Vidmaker shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
- Amendments and Third Parties
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service.
- Export Control
We may provide Software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledge and agree that the Software and Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. We make no representation that the Service is appropriate or available for use in other locations. You agree that none of your Content, nor any information acquired through the use of the Service or Software, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate body for such purposes.
- California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Import2 must be addressed to our agent for notice to: Vidmaker, 612 W. Main St., Ste 300, Madison, WI 53703.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Electronic Communications
The communications between you and Vidmaker use electronic means, whether you visit the Software, Site, or Service or send Vidmaker e-mails, or whether Vidmaker posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Vidmaker in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Vidmaker provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Updated: March 14, 2014