Last Updated: July 10, 2017
BIGVU TERMS AND CONDITIONS
- Welcome to “BIGVU” – an online platform allowing users to easily produce videos with a complete toolset to capture video, modify it, compose new video sequences including video presentations, interviews, photos, video shots, tweets and titling, streaming the video and/or sending video produced to 3rd party platforms (hereinafter: “the Application”). The Application consists of an iOS or Android mobile software application available for download respectively on the Apple App Store and Google Play App Store, of a web-based software application that uses a web browser as a client available on the BIGVU website located at www.bigvu.tv (hereinafter: “the Website“), and a cloud-based software service or a software-as-a-service. The Application, services, features, designs, software, or Website will be jointly referred to as the “Services”.
- The Services are owned and operated by BIGVU Inc. of CC WEIZERMAZARS LLP, 135 WEST 50 STREET, NEW YORK, NY 10020, USA (hereinafter: “BIGVU”, “we” or “us“). Please carefully read the following terms and conditions (hereinafter: “the Terms”).
- YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, OR BY VISITING AND/OR USING THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, DESIGNS, PRODUCTS OR SERVICES AVAILABLE THEREIN, OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
- The Terms apply to the use of the Services and any content available therein by any communication means (including smartphones, tablets etc.). Use of the Services may be subject to additional terms and conditions that govern the use of mobile devices, such as the terms governing the use of Apple’s App Store/Google’s Play Store and the agreements governing your use of your social networks’ accounts and their respective privacy policies. You bear the sole and exclusive responsibility for complying with any such additional applicable terms and conditions.
- The Terms may be updated from time to time and changed or modified by BIGVU at its sole discretion. In such cases, the amendments will become effective immediately upon their initial posting on the Services. It remains your responsibility to access and check these Terms upon its posting. You agree to be bound by any of the changes made in the Terms. Continuing to use the Services will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Services.
- As long as you use the Services, you consent to downloading and installing updates to the Services, including automatically.
The Application and Services
- BIGVU features a unique patent-pending video composition tool to quickly and easily produce video sequences out of video presentations, interviews, tweets, photos, and video shots using a mobile app and/or a web app .
- The Services aim to provide a platform for any user without any previous video editing skills to enable the production of videos for social media, education, corporate communications, content marketing or broadcast. The Application can be used to produce videos for any kind of purpose (hereinafter: “Products“).
- Eligibility. THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, you must not use or access the services at any time or in any manner. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or guardian who is at least 18 years of age.
- Subject to these Terms, BIGVU hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your account, to access, or download and install the Application and to use the Services through the Application in accordance with these Terms.
- The License allows you to use the Products for any commercial purpose, defined as any use of a video which directly or indirectly derives a commercial benefit or pecuniary gain for the user. You may not sell, rent, lease, assign or transfer the Services to any other business or to any other person for Commercial Purpose. Your account may be terminated without prior notice or reimbursement if you distribute the Services in violation of this paragraph.
- Free-of-charge Services. Some Services are granted to you free-of-charge provided that the Products produced via the Application bear BIGVU watermark. BIGVU may, however, at any time, start charging a fee for the use of the Services or any of its features or components. In such a case, BIGVU will seek your consent to those charges. If you do not consent to such fees and charges, BIGVU may block your access to the Services and terminate your use.
- Paid Services. You may remove BIGVU Watermark from your Products by turning your account into a “Paid Account” for the fees as described on the Website (hereinafter: “Fees”). BIGVU will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
- Paid Services are either for a person or a single organization that authorizes its employees and contractors to use the Services.
- Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. You may cancel your Paid Account at any time. Refunds are only issued if required by law.
- We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
- In the future BIGVU may require you to pay fees to use certain additional features on the Services. The rates and payment terms shall be posted at the relevant pages on the Services and will take effect immediately after being posted on the Website. BIGVU may, at any time and in its sole discretion, transform a free of charge Service to a Paid Service, and change any rates and payment terms. Failing to settle your payments for a Paid Service will prevent you from further using the Services, notwithstanding any other remedies available to BIGVU under the applicable law. BIGVU do not provide refunds for the Services, except as required by law.
- We encourage you to treat content such as photos, background covers, music tracks etc. (hereinafter: “Content“) available through the Services with caution and discretion, since it might originate from third parties such as social networks’ content and photos & videos databases. We do not guarantee and make no representation or judgment about such Content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless BIGVU, its directors, officers, employees, agents, successors, advisors, consultants and assignees from any and all causes of action and claims of any nature resulting from your use of the Services and Content. Your use of any Content, information or materials on the Website or Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Content, products, services or information available through the Website and through the Application meet your specific requirements and can be used by you.
- The Services include optional music tracks for synchronization in the Product. If you choose to synchronize music into your Product, then you will have a nonexclusive license to reproduce, synchronize, publicly perform, and communicate to the public, the synched Product. You may not use the music or any other feature available through the Application for any other purposes besides in the Product.
- Acceptable use of the Services. Subject to the Terms, you may access and use the Services for your personal and commercial purposes.
- You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that BIGVU may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your use of the Services and the access and use of the Services by anyone on your behalf.
- You agree to not use, deliberately or not intentionally, the Application or Services to: (a) Interfere or manipulate the operation or functionality of the Application; (b) Use the Application or Services in any manner not permitted by the Terms; (c) Collect and compile information from the Services or send data to the Services in such ways that may impair or disrupt the Services’ functionality; (d) Use robots, crawlers or similar applications to collect and compile information from the Services; (e) Attempt to probe, scan or test the vulnerability of the Application or any BIGVU system or network or breach or impair or circumvent any security or authentication measures protecting the Application or Services; (f) Collect, harvest, obtain or process personal information regarding the Service’s users, without their prior explicit consent; (g) Impersonate any person or entity, or making any false statement pertaining to your identity; (h) Breach the Terms or any other applicable rules that BIGVU may convey with respect to the use of the Services and any part thereof; (i) Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (j) use the Services to transmit spam, bulk or unsolicited communications.
- You agree to not use, deliberately or not intentionally, the Application or Services to Upload, post, provide, transmit or otherwise make available through or to the Application and/or Services any content that is: (a) Fraudulent, misleading, or inaccurate; (b) Breaches or violates or promotes the violation of other parties’ proprietary rights, including (but not limited to) copyrights, patents, trademarks, industrial designs and trade secrets or other intellectual property rights; (c) Violates the privacy or other rights of any third party or otherwise violates or promotes the violation of the rights of any third party; (d) Abusive, harassing, threatening, vulgar, violent, obscene, crude or otherwise offensive; (e) Harming or attempting to harm minors in any way; (f) Computer program, computer code or application infected with computer viruses, including hostile programs and/or malicious applications which may destroy or limit the use of any computer or telecommunications equipment; (g) Constitutes slander, libel, defamation, invasion of privacy, badgering, offensive, threatening or of rude nature; or which is in any other way unlawful, harmful, threatening, abusive, harassing, or racially, ethnically or otherwise objectionable or that you do not have a right to make available under any law or contract or other relationship; (h) Encouraging, assisting or advising in the committing of a criminal offense, under the applicable laws or is prohibited by any applicable law, including court restraining orders.
- YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU AND/OR ANYONE ON YOUR BEHALF UPLOAD, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
- BIGVU may suspend or terminate your use of the Services or block the access to and use of the Services, without prior notice and at its sole discretion, if BIGVU believe that you and/or anyone on your behalf are using the Services fraudulently or abusively.
- We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using the account data as provided by you upon registering to the Services. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
- Unless otherwise expressly permitted in the Terms or in the Website, you may not copy, distribute, display, exploit, sublicense, decompile, disassemble, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Services, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means without prior written authorization from BIGVU.
Registration and creation of an Account
- Use of the Services and the creation of a personal account are available to registered users only. You must provide certain contact and personal information, such as your full name, an active e-mail address and to enter a username and password. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting us at the contact e-mail address below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify BIGVU of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. BIGVU cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
- You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service. You can update and modify your details from time to time through your personal account settings on the Services.
- When login in to third party service providers through the Application, such as your social networks’ accounts, you are allowing BIGVU access to some of your profile information, such as your photos/videos, music, email addresses and any other content available therein. We can only access the information that your social network operator (or any other third party service provider) makes available to us, according to your privacy settings on such service and the authorizations you granted us while completing the registration process. Only you can initiate and control the access to your third party service accounts and the actions engaged in them through this Application. We do not and will not store your accounts’ password.
- You are free to stop using the Services and/or Application at any time.
- BIGVU may decide to discontinue the Services in response to unforeseen circumstances beyond BIGVU’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can download your Products from our Website.
- In addition to any remedies that may be available to BIGVU under any applicable law, BIGVU may temporarily or permanently deny, limit, suspend, or terminate your account, and take technical and legal measures to keep you off the Services, if BIGVU determines, at its sole discretion that: (a) You have breached the Terms; or, (b) You have performed any act or omission that violates any applicable law, rules, or regulations; or, (c) You have performed any act or omission which is harmful or likely to be harmful to BIGVU, or any other third party; or, (d) You deliberately submitted false information.
- BIGVU may, at any time, at its sole discretion, discontinue or terminate the operation of the Services, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
- Upon termination of these Terms or your account, for any reason BIGVU reserve the right (but have no obligation) to delete all your information, Products, videos and data stored on its servers. BIGVU will not be liable to you or to any third party for termination of access to the Services or for the deletion of your information, videos or data.
Commercial information in the Services
- BIGVU may incorporate in the Services advertisements and/or information of commercial nature. The source of such information may originate from BIGVU or from third parties. If such information originates from third parties, BIGVU cannot guarantee its reliability or accuracy. BIGVU do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.
- The Services may contain links to content published on other websites, social networks or external sources, provided by third parties. By linking to a certain website or source, BIGVU do not endorse, or sponsor its content, or confirm its accuracy, authenticity, reliability, validity or legality and you agree that BIGVU assumes no responsibility for the availability of such external sites or resources. BIGVU assume no responsibility or liability for such third party websites or content. By using the Website and the Application, you expressly relieve BIGVU from any and all liability arising from your use of any third-party websites. You further acknowledge and agree that BIGVU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.
- All rights, title and interest in and to the Services, including patents, copyrights, trademarks, trade names, service marks, designs, media, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to BIGVU.
- Content provided to the you on or through the Services, including without limitation, text, photos, music tracks and interactive features, may be protected by copyright or other intellectual property rights and owned by BIGVU or its third party licensors and may be used to create Products only through the Application. Any use of Content by you that is not authorized under these Terms are subject to all rights of the copyright owners of such Content.
- You may not use in any way artworks, designs, trademarks, creations or any other works that might be considered as intellectual property infringement of third parties’ rights. BIGVU assumes no responsibility or liability caused or alleged to be caused by or in connection with your use of third parties’ intellectual property rights. You expressly relieve BIGVU from any and all liability arising from your use of any third-party artworks, designs, trademarks, creations or any other works. You further acknowledge and agree that BIGVU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such artworks, designs, trademarks, creations or any other works.
- Publicity. You hereby grant BIGVU the right to publicize the fact that you are a user of the Services .
Changes in the Services
- BIGVU may, but are not obligated to, maintain the Services with periodic releases of bug fixes, code updates or upgrades. BIGVU will determine, at our sole discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our staff, for any of these releases or the lack thereof. You agree that BIGVU will not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
- BIGVU may, at any time and without prior notice, change the layout, design, scope, features or availability of the Services. Such changes, by their nature, may cause inconvenience or even malfunctions. You agree that BIGVU will not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Availability and support
- BIGVU ensures that the Services operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if the Services becomes temporarily unavailable due to technical issues, or issues beyond our control. BIGVU does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available always, or immune from unauthorized access or error free. The availability and functionality of the Services depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free.
- You have sole responsibility for adequate protection and backup of data and/or equipment you use in connection with the Services. BIGVU may store your content and Products for a limited amount of time but it is your responsibility to download the Product immediately after it is created by you.
- BIGVU may, but are not obligated to, offer technical support relating to the use of the Services, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no claim or demand against BIGVU or its staff in any matter related to this provision.
- In no event shall BIGVU be liable to you or any third party for any loss or any indirect, consequential, incidental, special or punitive damages arising from or relating to the services or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. Access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or Products or loss of data resulting therefrom.
Disclaimer of Warranty
- BIGVU PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” BASIS. THE APPLICATION CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Limitation of Liability
- BIGVU, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM YOUR RELIANCE ON CONTENT ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, ON OR THROUGH THE SERVICES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE AT BIGVU’S SOLE DISCRETION AND LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.
- You agree to indemnify and hold BIGVU (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Design Contest, Design Concept, Design Template, and Reviews), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws BIGVU reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BIGVU. BIGVU will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
- You agree, at your own expense, to defend, indemnify, and hold BIGVU, its officers, directors and employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Services, or your violation of these Terms or your violation of any third party right.
Governing Law, jurisdiction
- These Terms are governed by, and construed in accordance with, the laws of the State of Israel and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Israel and its Courts of Appeal.
- If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
- No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by BIGVU, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by BIGVU’s authorized representative. Failure on BIGVU part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
- Any notice given under these Terms must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received: (a) in the case of a notice delivered by hand, when so delivered; (b) in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
- At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at: email@example.com.