By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).you may not access or use the Site or accept the Terms if you are not at least 13 years old.If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
We may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
I. Account Creation : In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. InVideo may suspend or terminate your Account in accordance with Section 8.
II. Responsibilities : 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 InVideo of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. InVideo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
III. Account types : We currently offer a free Account with limited functionality (“Free Account”), and various fee-bearing Accounts offering feature enhancements (“Paid Subscriptions”).
2. Access to the Services
I. License : Subject to these Terms, InVideo grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services with reselling rights in accordance with the Account type you are currently subscribing to.
II. Certain Restrictions : The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; and (b) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
III. Modification : InVideo reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that InVideo will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
IV. No Support or Maintenance : You acknowledge and agree that InVideo will have no obligation to provide you with any support or maintenance in connection with the Services.
V. Ownership : Excluding any Customer Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by InVideo or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. InVideo and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. Customer Content
I. Customer Content : “Customer Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that a Customer provides or makes available to InVideo in connection with the use of the Services. You are solely responsible for your Customer Content. You assume all risks associated with use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content that personally identifies you or any third party. You hereby represent and warrant that your Customer Content does not violate our Acceptable Use Policy (defined in Section 3.3).You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by InVideo. Because you alone are responsible for your Customer Content, you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. InVideo is not obligated to backup any Customer Content, and your Customer Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Customer Content if you desire.
II. License : You hereby grant (and you represent and warrant that you have the right to grant) to InVideo an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you .We may also use Customer Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, Customer shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on InVideo any right of ownership or interest in the Customer Content or the intellectual property rights there
III. Acceptable Use Policy : The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other Customers, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services); or (vi) harass or interfere with any other Customer’s use and enjoyment of the Services.
IV. Enforcement : We reserve the right (but have no obligation) to review any Customer Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
V. Feedback : If you provide InVideo with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to InVideo all rights in such Feedback and agree that InVideo shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. InVideo will treat any Feedback you provide to InVideo as non-confidential and non-proprietary. You agree that you will not submit to InVideo any information or ideas that you consider to be confidential or proprietary.
4. Third-Party Products and Services; Other Customers
II. Third-Party Services : You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of InVideo, InVideo does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with InVideo. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
III. Other Customers : Each Customer is solely responsible for any and all of its own Customer Content. Because we do not control Customer Content, you acknowledge and agree that we are not responsible for any Customer Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any Customer Content. Your interactions with other Customers are solely between you and such Customers. You agree that InVideo will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Customer, we are under no obligation to become involved.
IV. Release : You hereby release and forever discharge InVideo (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Customers or any Third-Party Products and Services).
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND INVIDEO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. INVIDEO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. INVIDEO DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. INVIDEO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold InVideo (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 (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your Customer Content or (e) Third-Party Services. InVideo 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 InVideo. InVideo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INVIDEO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF INVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Payments, Cancellations
I. Subscription Fees : Paid Subscriptions can be purchased directly from InVideo by paying a monthly subscription fee. Subscriptions are billed in advance on a monthly basis and are non-refundable for the subscription period they are purchased for. You must provide us with a valid credit card or other payment method (e.g., PayPal account) to pay the subscription fee. You agree that we may process your credit card or other valid payment method on each renewal term, on the calendar day corresponding to the first day you subscribed to the Paid Subscription.
II. Auto-renewal and Cancellation : Your payment to InVideo will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to a Free Account. You may cancel your Paid Subscription at any time.
III. Changes to Subscription Terms : We may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
IV. Free Trial: Any subscription unlocked because of the free trial is to be used within the time specified by the trial. In order to avoid being charged for that subscription, you must cancel the free trial before the end of the 7 days. If you cancel during the trial period and are inadvertently charged for a subscription, please do contact us at email@example.com.
V. Refunds: You may cancel your InVideo subscription at any time, and you will not be charged for next billing cycle. Incase you are unsatisfied with product or you think payment has not been made by you please reach out to us at firstname.lastname@example.org and we will respond to you within 48 working hours.
9. Term and Termination
The Agreements will continue to apply to you until terminated by either you or InVideo. However, you acknowledge and agree that the perpetual license granted by you in relation to Customer Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. We may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements. If you or InVideo terminate the Agreements, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Account, please contact us through the Customer Service contact form, which is available on our Help & Support page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
10. Entire Agreement
This TOU Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and InVideo. By using the Information on InVideo, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. InVideo does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, do not give investment advice, and do not advocate the purchase or sale of any security or investment by you or any other individual. The information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, InVideo or any other person for the purchase or sale of securities.
The terms of this agreement are exclusively based on and subject to Indian law & Singapore law based on payment received country. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. The use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including and without limitation to this paragraph.
12. Storyblocks End User License Agreement
A. Your Rights. We (Footage Firm, Inc., the operator of storyblocks.com, videoblocks.com, graphicstock.com, and audioblocks.com) grant you a perpetual, worldwide, limited, non-exclusive, non-transferable right to incorporate the Stock Files you obtain from us into a work you create. You may incorporate our Stock Files into any project, including feature films, broadcast, commercial, educational, print, multimedia, games, merchandise, and the internet. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not share the underlying individual Stock File as a standalone file with a third party. (However, you can share the Stock Files with your client or other third party for the limited purpose of getting their help with your specific project, assuming you are adding substantial value to the project apart from the Stock Files. Otherwise, they need their own license.) You also agree to use your best efforts to secure the Stock File from being accessed by a third party as a standalone file, but since that’s not always possible, your inability to prevent copying will not be considered a breach of this License.
B. Our Guarantee. We promise that if you use our Stock Files as described in this License, your use will not infringe on the rights (such as copyrights) of a third party (the “Limited Warranty”). We’ll also put our money where our mouth is. In fact, we will provide you up to $20,000 in indemnification if you incur any direct damages from our breaking this promise. Because that’s a big number, we need to make a few things clear, so here come some capital letters. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL BREACHES OF THE LIMITED WARRANTY WILL BE LIMITED TO THE LESSER OF THE ACTUAL, DIRECT DAMAGES SUFFERED BY YOU DIRECTLY ARISING FROM SUCH BREACH AND TWENTY THOUSAND DOLLARS. Note that trademarks, logos, or copyrights depicted within our Stock Files are not covered by this guarantee. For example, if one of our videos depicts someone holding a brand-name beverage, that label may be protected by copyright and trademark law and should be used at your own risk. (We wouldn’t want you to think that this License lets you reprint Coca-Cola cans.)
C. Limitations. There are a few other limitations we have put in place to protect our artists and other customers:
- You cannot sell, license, or redistribute our Stock Files, nor can you build your own stock media site with our files. You cannot create a trademark or logo based on our Stock Files. You cannot use automation, such as computer scripts, to download or “scrape” high volumes of our Stock Files. Finally, you cannot use the Stock Files to harm minors, to encourage violence, or for an unlawful purpose, such as defamation.
- For Stock Files that depict identifiable people (“Models”), you must not depict the Models in a way that a reasonable person would find offensive. Just to be clear, the issue is whether the depiction of the Models themselves is offensive, not whether your project as a whole may be offensive. For example, you could use Stock Files with Models in a documentary about a rare and embarrassing medical condition, but you should not depict the Models in a way that suggests they personally carry the condition, unless our video clip already depicts them that way.
- For our audio Stock Files, your license does not restrict your right of public performance, but a cue sheet may be required to satisfy the requirements of Performance Rights Organizations (“PROs”). Also, this License allowed you to use our audio clips in YouTube videos, but since we are not associated with YouTube, we cannot prevent other people from incorrectly claiming that your video violates a copyright. If you get such a claim, let us know, and we will make our best efforts to help you resolve the problem. Still, platforms like YouTube could block your content for reasons beyond our control.
- Some Stock Files may have additional restrictions, such as “editorial use only,” which will be noted in the clip’s details.
D. Other Legal Provisions. This part may not be fun to read, but it’s important nevertheless.
- This Agreement will be governed by the laws of the State of Delaware, excluding its body of law relating to conflicts of law and copyright law. If any provision of this Agreement is found invalid, the other provisions will not be affected.
- Except for claims brought in small claims court, all disputes about this Agreement will be settled by arbitration pursuant to the rules of the American Arbitration Association (“AAA”), subject to the Federal Arbitration Act. The dispute may be arbitrated either by JAMS or AAA. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.