Terms of Service

1. Welcome to Vidlo. Thank you for using the Service(s) offered on our website
( “https://vidlo.video/”). The Service(s) are provided by “Vidlo” (“Us,” “We,” or “Our”).

By using our Service(s), you are agreeing to these terms. Please read these terms and
conditions carefully before using the Website (the “Service(s)”) operated by us.

Our Services are very diverse, so sometimes additional terms or product requirements
(including age requirements) may apply.

2. GENERAL

Vidlo’s Service(s) can be found at “https://vidlo.video/”. Vidlo provides a way for businesses to create original video campaign(s) through Vidlo applications, website, products and Service(s).
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Use of the Service(s) is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by us at its sole discretion and posted on the Website.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a User who avails the service on the website and pay us according to the terms and conditions of the content so subscribed.

We shall notify You, whether as a subscriber and registered user or not, of any changes made to the Terms and Conditions (“Terms”). The revised Terms shall be made available on the website. Your use of the Service(s) is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the website to view the most current Terms.
It shall be Your responsibility to check the Terms periodically for changes. We may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the services provided on the website, If no such separate consent is sought, Your continued use of the website, following changes to the Terms, will constitute your express acceptance of those changes.

3. DEFINITION

SUBSCRIBER: The registered customer who pays a monthly fee for availing the services on Vidlo and shall hereinafter be referred as “You,” “Your”.

CONTENT CREATOR: The subscriber end-user(s) who avail the opportunity to provide their rendition of video content based on a marketing campaign created by the subscriber by way of inviting the end-user via a QR code or a URL link.

4. SERVICES

Vidlo’s Service(s) allows end-users to sign up and subscribe and become subscribers to the paid services and therein create video campaign(s) and thereby invite their own end-users to create videos around the said campaign title by way of either a QR code or URL link. The content created by the subscriber’s end-user can be shared on any social media platform and have the liberty to download the video on an as is basis.

We are not involved in your contractional relationship with any third parties. We further reserve the right to change or modify these Terms of Use or any policy or guidelines of the Service(s) including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Service(s) will confirm Your acceptance of such changes or modifications.

4.1 ELIGIBILITY OF USE (SUBSRIBER)

Use of the website is available only to persons who can form legally binding contracts. Persons who are in-eligible to use the website: A person below the age of 18 years; or
Any person incompetent to enter a contract

4.2 ELIGIBILITY OF USE (CONTENT CREATOR)

Use of the website is available to any person who has attained the age of 13 or who is above the age of 13 provided that in concern to the account created by a minor(s) from the age of 13 to 17 the expressed assent must be confirmed from a legal guardian of such minor by way of confirmation provided as a link on their e-mail.

4.3 FEES

We offer subscribers three tiers of monthly subscriptions.

You may enroll in one of Vidlo Service(s) on a subscription basis. If you choose to enroll, you acknowledge that Vidlo is a subscription service and you will have recurring payment obligations. You accept responsibility for all recurring payment obligations prior to termination or expiration of the subscription that you have subscribed for according to the terms of the subscription plan to which you have subscribed. If you have enrolled in a subscription, Vidlo will charge your payment method at the times and in the amounts as described in the Vidlo.

Canceling Subscriptions.
You are solely responsible for canceling your
Your subscription. You may cancel through the Service by logging into your account and selecting the option to cancel your subscription or by notifying us at our contact details provided.Unless specified otherwise in your writing, you may cancel a Vidlo subscription at any time up to the cutoff date and tie which is the day prior to the next renewal term. Any other type of cancellation will not be considered.

FEES ARE NON-REFUNDABLE.

4.4. USER ACCOUNT, PASSWORD AND SECURITY

We shall enable You to make an account only if You have provided us certain required User information, including without limitation (full name; email address; company name); and other details when you create an account (“Account”) through our Service(s).

You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account.

You will Immediately notify us of any unauthorized use of Your Account or Account Information or any other breach of security.

Furthermore, if You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service(s) by You.

5. CONTENT CREATORS’ RIGHTS

The content creator claims ownership.We do not claim any work as our own, all rights pertaining to the content shall be a vested right to the content creator. Additionally the content creator hereby grants a nonexclusive, royalty free, sublicensable, unconditional perpetually, irrevocable license to Vidlo and the Subscriber to use, modify, delete, add to,combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content. Additionally Vidlo and the Subscriber may use the said Content on third party applications.

6. IDENTIFY AS SERVICE

You understand and agree that, to the maximum extent permitted by applicable law the Service(s) and other materials are provided by Vidlo on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.We makes no warranty that:

the Service(s) on the website will meet your requirements or your use of the services will be uninterrupted, timely, secure or error-free;
The results that may be obtained from the use of the Service(s) or materials will be effective, accurate or reliable.
The quality of the services or other materials will meet your expectations; or that
Any errors or defects in the services or other materials will be corrected. No advice or information, whether oral or written, obtained by You from us or through or from use of the services shall create any warranty not expressly stated in the terms.

We will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Services or materials, either with or without your knowledge. As a caveat the service will however notify you on your e-mail with the information that your account has been opened from a non-recognized device and/or from a different location. Vidlo has aimed to ensure that all the information on the Service(s) is correct, but Vidlo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. We shall not be responsible for the delay or inability to use the services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the services or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability or otherwise. Furthermore, we continuously strives for excellence; hence the platform needs to be continuously upgraded to provide you with the latest features, thereby every month (with due intimation) a planned 30 (thirty) minute window is placed for updating any code alterations in the interest of fixing bugs (if, any) and to add new features. An event of this nature will be scheduled only on a Sunday (off-hours). However (Vidlo) will use commercially reasonable efforts to make the Services available 24 x 7, year round, excluding downtime for maintenance and emergencies. Vidlo will provide access to online support materials, and will respond to your requests for reasonable technical assistance via chat during its standard support hours, currently Monday at 9:00 a.m. to Friday at 3:00 p.m., United States Pacific Standard time, excluding federal public holidays in the United States and other Vidlo announced support holidays.

Further, we shall not be held responsible for non-availability of the Service(s) during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control though all users will be intimated in case of maintenance operations a day in advance on their registered e-mail ids.

You expressly agree that Your use of the Service(s) is at Your risk.

7.USAGE CONDUCT

You shall solely be responsible for maintaining your internet connection that may be required to access and use on the website, you shall have the absolute right to use the account howsoever, albeit you are solely responsible for all actions on the account.

As a caveat, you are advised to secure your own backup for your original content for all purposes.

You are also under an obligation to use this website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Service(s).

8.INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Vidlo including but not limited to its affiliates, representatives from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms.

9.TERMINATION

The Terms will continue to apply until terminated by either You or Us as set forth below.

If You want to terminate Your agreement with us, You may do so by:-

Not accessing the service; or
Closing Your account for the services that You use, where We have made this option available to You.

We may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
We are required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
The provision of the services to You, by Us is, in Vidlo’s opinion, no longer commercially viable; Vidlo has elected to discontinue, with or without reason, access to the Service(s) (or any part thereof); or
We may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include:
Removal of access to all offerings within the service or with respect to the services;
Deletion of Your materials and Account Information, including Your personal information, login ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and
Barring of further use of the Services.

You agree that all terminations shall be made in our sole discretion and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until We choose to terminate them. If You or We terminate Your use of the Service(s), we may delete any content or any other materials relating to Your use of the services and we will have no liability to You or any third party for doing so.

10. GOVERNING LAW

These Terms and all transactions entered into on or through the Service(s) and the relationship between You and Us shall be governed in accordance with the laws of California without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Service(s), the Terms or any transactions entered into on or through the website or the relationship between You and Us shall be subject to mediation conducted by an appointed officer by us to resolve the issue amicably. In case, the matter has not reached an outcome between both the parties,the remedy shall lie to arbitration and mutually both the parties shall appoint arbitrator(s) and the location of arbitration shall be subject to the decision made on mutual terms between all parties to the dispute. The aggrieved person who wishes to file for arbitration shall pay the legal fees to both parties and their miscellaneous expenses, as well as the payment towards arbitrators’ complete fee. You hereby accede to and accept the award rendered by the arbitrator(s) as being binding without the right to set-aside.

11. GRANT OF LICENSE TO SUBSCRIBER

Upon payment of the applicable subscription fees for using the services and continuous compliance with the terms and conditions of this Agreement, We hereby grant You a limited, perpetual license to use the content and documentation in Your facility subject to the terms contained herein:

You may use content in any way that is not restricted. Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by us are:

“Perpetual”, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
“Worldwide” meaning content can be used in any geographic territory.
“Unlimited” meaning you can use the content in an unlimited number of projects and in any media.

In addition to the above, the following applies to music items of content

You can edit Music provided that any such change;-

shall not alter the fundamental character of the portion of the Master being used, and
shall not give rise to any ownership rights or claims, including copyright, on your part in or to the resultant edited recording or composition.
“Music” shall include sound recordings and musical compositions, including lyrics, embodied in sound recordings contained in the music file.
“Work” means the production, program or other project in which the Music has been Synchronized (as defined below).
“Broadcast(er)”, meaning to cause (or permit others to cause) the performance, telecast, broadcast, transmission, streaming, exhibition or distribution of the Work.
“Copy”, meaning to duplicate or otherwise make copies of the Work solely for the purpose of Broadcasting the Work. “Synchronize”, meaning to couple and/or synchronize, arrange, record, re-record, transcribe, modify or edit the Music solely in timed relation with a permitted use in the Work. Edit means use by you of less than an entire piece of Music, including the editing, looping, enhancing or modifying of the Master.


Examples of how you can use licensed content include:

websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.

PLEASE MAKE SURE YOU READ THE RESTRICTED USES SECTION BELOW FOR EXCEPTIONS.

11.1. RESTRICTED USES
“No Unlawful Use” You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.

11.2. “No Standalone File Use” You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

11.3. “No Use in Trademark/Watermark or Logo” Unless you purchase a license, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).

RIGHTS RESERVED


THE SOFTWARE IS A SERVICE, NOT SOLD.

12. GRANT OF LICENSE BY CONTENT CREATORS

The license granted by the content creator to us is:

“Non-exclusive & Perpetual”,
“Fully-paid”
“Royalty-free”
“Sublicensable & Irrevocable”;
“Worldwide”,
“Unconditional & Sublicensable”

The content creator further grants us the right to use, share and exploit their name, persona, and likeness, and information about their activities on our platform Services (including, without limitation, their activities in connection with Vidlo’s Subscribers), without any obligation or compensation to them.

EXCEPT as prohibited by law, the content creators hereby waive, and agree to waive, any moral rights (including attribution and integrity) that they may have in any Content. To the extent not waivable, they irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. The content creators understand that they will not receive any fees, sums, consideration, or compensation for any of the rights granted.

If the content creator is a minor, they represent and warrant that their parent or legal guardian has assented and thereby consented to their granting the rights as set forth.

13. REPORT ABUSE

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the website, please report to our customer support team by email on: [email protected]

14.INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights exist on all text relating to the Service(s) and the full content of this Service(s) including, but not limited to, computer code, interactive components, software, graphics and design. We own the copyrights, trademarks, trade names and other intellectual and proprietary rights associated with the site.

15.FORCE MAJEURE

Neither party shall be liable to the other for any future to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside the control of Vidlo, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such an event shall immediately inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.

16. MISCELLANEOUS PROVISIONS

Notice: All notices to us will be served by email at [email protected]
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Our rights under the Terms are freely transferable by us to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.

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