Terms of Service
Last updated: December 15, 2016
This is a legal agreement (the "Terms") between you (the "User", or "You", or "Customer") and ZULIUS LLC, a New Mexico limited liability company ("ZULIUS", "Us", or "We") pertaining to the use of the Vidgen website and services (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You may only use the Service only if you are 18 years of age or older and you can form a binding contract with Us in your jurisdiction.
By using the Service, you provide the Service with or direct the Service to data, images, text, sounds, and other media that you have appropriate intellectual property rights, license, permissions, and/or full ownership of (your "User Content"). In return, the Service automatically generates videos ("Derivative Works"), using your User Content, that can be purchased by You via either a direct payment or service subscription.
The Service may also provide additional data, images, text, sounds, and other media ("Service Content") that may be incorporated into your Derivative Works under the license originally granted by the Service Content's owners.
You grant Us a non-exclusive, perpetual license to host, display, publish, perform, store, debug, troubleshoot, and create derivative works of your User Content and Derivative Works for the necessary purposes of the operations of the Service.
You retain full ownership to all your User Content and Derivative Works. You may distribute Derivative Works for personal and commercial purposes. We do not claim any ownership of any of your User Content or Derivative Works, nor any rights to distribute or share your User Content or Derivative Works with 3rd parties unless You direct Us to, or give Us permission to do so, except as needed for private data storage with hosting providers for the necessary operations of the Service.
You must observe all applicable laws and other regulations when using the Service. You may not use the Service for any unlawful purpose.
You represent and warrant that you have all necessary intellectual property rights or permissions to the data, content, and media that you submit or direct the Service to. You may not use, distribute, or direct the Service to data, content, or media that:
- is unlawful, or
- is harmful to minors in any way, or
- You do not have the rights or permissions to create derivative works of, or
- violate 3rd party intellectual property rights, copyrights or other rights of 3rd parties.
You agree to be solely responsible and liable for the information and content provided by You, or that You direct the Service to. The Service is an automated tool and We do not review the contents, data, or media submitted by You or that you have directed the Service to. In the event that User Content or Derivative Works is found to be unlawful, harmful, or in violation of the rights of 3rd parties, you agree to be solely responsible and legally liable.
You agree that any content, data, or media that you submit or direct the Service to will be free from viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or make unauthorized use or access of data or personal information.
Only You are responsible and liable for all activities performed by You in your usage of the Service, including any activities that you direct the Service to perform.
If your Derivative Works makes use of Service Content, and use of the Service Content requires credits to the copyright owners be included in the Derivative Works, you may not remove those credits from the Derivative Works.
You agree to immediately notify Us of any unauthorized use of your account or any other security breach.
You agree that your usage of the Service is at your own risk.
Purchases and Payment
You may purchase the ability to directly download the Derivative Works you create.
No refunds will be granted for any purchases of the Derivative Works, with the sole exception being the inability for You to download the Derivative Works due to a technical fault in the Service, in which case a full refund will be provided if We are contacted within 72 hours of the creation of the Derivative Work.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us or the Service.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend, and hold harmless ZULIUS from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third-party claim regarding:
1. Customer Data; or
2. Customer's use of the Services in violation of this Agreement, our Terms, or any applicable law.
These Terms shall be governed and construed in accordance with the laws of New Mexico, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Limitation of Liability
To the fullest extent permitted by law, in no event will ZULIUS, its affiliates, officers, employees, agents, licensors, or suppliers be liable to any indirect, incidental, punitive, exemplary, special, or consequential (including loss of use, data, business, or profits) damages, whether or not ZULIUS has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose. Since some jurisdictions do not allow the disclaimer of certain types of damages, these provisions may not necessarily apply to you. If any part of this limitation of liability is found to be invalid for any reason, then the maximum liability of ZULIUS shall not exceed the amount paid by You to ZULIUS for 3 purchases or 3 months of the Services, whichever is lesser.
Service Provided "As Is"
THE INFORMATION AND FUNCTIONALITY PROVIDED BY THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED BY THIS WEBSITE OR THE USE OR OTHER DEALINGS WITH THE INFORMATION PROVIDED BY THIS WEBSITE.