ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT rotorvideos.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
- Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”) is owned or controlled by Kanisi Ltd of 11 Mendip Court, Avonley Road, New Cross, London, SE14 5EU. Kanisi Ltd is referred to in these terms and conditions as "we", "us", "our" or “Rotor”. When you register with (or otherwise access) the Site, you are contracting with Rotor. You must be 13 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
- Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via firstname.lastname@example.org and we will close your account as quickly as possible. Please note that you will be responsible to Rotor and to others for all activity that occurs under your registration account.
- Rotor Services. The Rotor services available via the Site provide you with the ability to have a video automatically created by Rotor ("Rotor Video") using an audio track uploaded by you (“Music Content”) and one or more photographs, text or items of graphic artwork uploaded by you and/or selected by you from our image library ("Image Content"). In creating a Rotor Video using Rotor's proprietary software, you must upload your own Music Content and you may also upload your own Image Content. You retain ownership of the rights you hold in such and Music Content and uploaded Image Content. Please note that Image Content may be protected by copyright (even if not marked with the © symbol) and if you are not the creator of all Image Content then you must first get permission from the creator of the Image Content or the copyright holder before uploading the Image Content to the Site. Additionally, if you want to publish Image Content depicting or portraying someone other than yourself, you must get permission from such individual(s) before uploading to the Site. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. Prior to uploading any Music Content to the Site, you must ensure that you have permission to use such Music Content in a Rotor Video. For the avoidance of doubt, you warrant that all Image Content and Music Content uploaded by you, either from your own computer or another site/ server, is created and owned entirely by you or you have the necessary licenses, rights and permissions to use the Image and/or Music Content and to grant to us the rights granted hereunder. Use of the Site is limited to personal, non-commercial purposes only.
- Use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period. You are solely responsible for making backup copies of any and all of your image content and musical content. Do not rely upon the Site as a primary storage space for your content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
- Storage. Upon registering with Rotor, you will be assigned one (1) user account. Rotor limits the maximum amount of disk space per account for storing Rotor Videos and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are non-refundable.
- Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Save for Image Content and/or Music Content uploaded by you, Rotor owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non- commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
- No Endorsement by Rotor. We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) Rotor Videos, Music Content, uploaded Image Content or any other materials uploaded to the Site or exhibited or otherwise exploited by users. However, we reserve the right in our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
- Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
Code of Conduct for User Content. You agree to obey all applicable laws in using the Site,
and agree that you are responsible for the contents and/or communications you upload to
or initiate via the Site, including Image Content, Music Content, and Rotor Videos created
therefrom. You agree that you are responsible for everything that you post or transmit to the
Site and you agree (in relation to the Site):
- not to upload content or participate in any form of activity via the Site which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to upload content which you do not have the right to use;
- not to abuse other users or anyone else;
- not to publish your own contact details or those of anyone else to any third party;
- not to register more than one account for yourself or anyone else;
- not to upload content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- not to upload content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; and
- not to upload content intended to be used for a commercial purpose of any kind, other than for promotional purposes relating directly to content in which you own all relevant rights.
- Products and Subscriptions. Enhanced functionality for the creation of Rotor Videos is available via a Rotor subscription or via a particular product package offered by Rotor, as detailed on the Site from time to time (“Products”). You acknowledge that we reserve the right to convert any subscriber User account to a free User account upon non-receipt of a subscription fee.
- Prices and Payment. Prices and availability of Products and/or Subscription packages posted on the Site are subject to change without notice. All prices are in [Euros]. Prices do not include any applicable import duties that may be added by authorities in a destination country. If you are a subscriber, you agree that until your subscription is terminated or expires, you will remain responsible for all subscription payments, even if you do not use our services. Prices (and any delivery costs) are as set out on the relevant pages of the Site. We may change the prices for Products or Subscriptions at any time by posting new prices on the Site. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that downloadable content may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
- Credit Cards. Payments hereunder must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. Customer credit notes issued by us can only be used for purchasing items on the Site. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
- Acceptance. By placing any order for products or services via the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.
- Refunds. Due to the nature of downloadable products and online services, any refunds made are at the sole discretion of Rotor. Nothing herein affects your statutory rights. Subscription payments are non-refundable.
- Liability. You agree that the liability of Rotor to you hereunder shall be limited to the amount you have actually paid to Rotor for its products or services hereunder of, if greater, $100. Except as set out herein, Rotor shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Rotor.
- Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL ROTOR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ROTOR, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSIC CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- Indemnity. You agree to indemnify Rotor for any loss or damage that may be incurred by Rotor, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify Rotor for all loss or damage incurred by Rotor in relation to any third party claim against Rotor for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
- Termination of this Agreement. Rotor may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Repeat Infringers. Your account will be terminated if, in Rotor's reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).
- Complaints. If you believe that you are the owner of the copyright or other rights in any third- party material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via firstname.lastname@example.org. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via email@example.com (making sure to include both the URL for the non-complying content and the reasons you believe it does not comply).
- Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, "Rotor”) are trademarks or trade names of Rotor or its trading partners unless otherwise stated.
- Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/ or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Rotor will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Rotor or any other parties through your use of the Site, the Content or any services provided hereunder. Rotor reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
- Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
- Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
- Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
- Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
- Contacting Us. If you have any questions, please contact us at the following address: ROTOR c/o Kanisi Ltd of 11 Mendip Court, Avonley Road, New Cross, London, SE14 5EU, or email us via firstname.lastname@example.org.
Site Visitor Agreement
ANY PERSON OR ENTITY ("User" or “You”) VISITING, USING OR OTHERWISE ACCESSING THE SITE AT rotorvideos.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT ("Agreement").
- ROTOR. The Site, together with all content, data and other materials contained therein (“Content”) is owned or controlled by Kanisi Ltd of 11 Mendip Court, Avonley Road, New Cross, London, SE14 5EU. Kanisi Ltd is referred to in these terms and conditions as "we", "us", "our" or “Rotor”.
- Use of the Site. The Rotor services provide you with the ability to have a music (or other audio-based) video automatically created by Rotor ("Rotor Video") using an audio track uploaded by you (“Music Content”) and one or more photographs or items of graphic artwork uploaded by you or selected by you from our image library ("Image Content"). The Site is intended only for the purposes specified and your use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. To the fullest extent permitted by applicable law, all Content is provided without any representations or warranties of any kind (either implied or express). Specifically, Rotor does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.
- Registration. If you wish to register with us via the Site or with a third party for access to the Site, and/or the Content, you must agree to the terms of the Registered User Agreement.
- Featured Links. The Site displays and/or refers to links to other websites from time to time. Rotor: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
- Linking to the Site. Any other website may link to the Site, provided it does not imply any endorsement of its products or services by Rotor, does not misrepresent its relationship with or present false information about Rotor, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Rotor reserves the right to withdraw such permission at any time and to take any other appropriate action.
- Ownership of Content. Rotor, unless otherwise stated, owns or controls all relevant rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by UK or local law.
- No Endorsement. Rotor does not pre-screen or monitor and therefore does not endorse (and we expressly disclaim any and all liability in connection with) Rotor Videos, Music Content, Image Content and/or any other materials provided by you or other users.
- Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse- engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages incurred by Rotor. We will cooperate with the authorities in prosecuting anyone who Interferes with the Site and/or the Content or otherwise attempts to defraud Rotor or any other parties through use of the Site or the Content or the services provided therein. Rotor reserves the right to deny any or all access or service to any user for any reason, at any time, at our sole discretion. User agrees that we may block User’s access at any time, and at our sole discretion to disallow User's continued use of the Site or the Content without notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- Complaints. If you would like to notify us of any content which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via email@example.com (making sure to include both the URL for the non-complying content and the reasons you believe it does not comply).
- Trade Marks. The brands, products and service names used in the Site and/or the Content (including without limitation, "Rotor”) are trademarks or trade names of Rotor or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the consent of Rotor as set out on the Site.
- Limitation of Liability. User agrees that the liability of Rotor to User under this Agreement shall be limited to direct damages of up to the amount User has actually paid to Rotor for its services (or, if greater, $100). Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Rotor.
- Indemnity. User agrees to indemnify Rotor for any loss or damage that may be incurred by Rotor, including without limitation any legal fees, arising from User's use of the Site, the Content, or User's use of any information obtained therefrom, save as expressly provided herein.
- Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site (or otherwise made available to you). User’s continued use of the Site, the Content or services provided by Rotor, constitutes agreement with and acceptance of any such amendment or other changes.
- Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts. DMCA NOTICE for posting under a separate DMCA link: Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by us or any user of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the US’ Digital Millennium Copyright Act ("DMCA"), Rotor designates the following individual as its agent for receipt of notifications of claimed infringement: by first or second class mail to [ ], or by email to [ ]. To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at the location; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. If you believe that your Rotor Video or other content has been removed in error, you may submit a counter-notification in compliance with applicable law. To be effective, the counter-notification must include: (a) your physical or electronic signature; (b) identification of your material that has been disabled, and the location of the material before it was removed; (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material; and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which Rotor may be found, and that you agree to accept service of process from the complaining party, or an agent of such person. Rotor shall be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the service or any Rotor Video.