Terms and Conditions
Registered User Agreement
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, validly licensed or controlled by Kanisi Ltd of Unit 31, Tileyard Studios, Kings Cross, London N7 9AH. Kanisi Ltd is registered in England and Wales with company number 08312471 and VAT Number GB168245881. 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. Rotor has created and continues to develop proprietary technology that enables us to automatically generate and create videos ("Rotor Videos") incorporating audio track(s) uploaded by you (“User Music Content”) together with one or more videos, photographs, text or items of graphic artwork uploaded by you (“User Image Content”) and/or one or more videos, photographs, text or items of graphic artwork selected by you from our image library ("Rotor Image Content").
User Music Content and User Image Content. You retain ownership of all rights you hold in any User Music Content and User Image Content (together the “User Content”) which you upload to the Site and which are used in the creation of any Rotor Video.
You irrevocably grant to Rotor a non-transferrable, non-exclusive license to use, edit, format and arrange your User Content in any way to create one or more Rotor Videos (“User Licence”).
Without limiting the foregoing, Users also hereby irrevocably and unconditionally waive in perpetuity any and all moral rights with respect to all User Content (including without limitation those under Copyright, Designs and Patents Act 1988 and other applicable statutory or common law wherever applicable) and undertake not to commence or support any action for infringement in any such moral rights.
Please note that audio or musical work or image and video content forming part of any User Content may be protected by copyright (even if not marked with the © symbol) and if you are not the creator of such User Content then you must first get permission from the creator of that content or the copyright holder before uploading the that content as User Content to the Site.
Additionally, if you want to upload or publish any User 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 User 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 User Content to the Site, you must ensure that you have all permissions and rights necessary to grant the User Licence above and for such User Content to be lawfully included in a Rotor Video.
For the avoidance of doubt, you warrant that all User Content uploaded by you, either from your own computer or another site/server, is either created and owned entirely by you or you have the necessary licenses, rights and permissions to use the User Content and to grant to us the rights granted hereunder. You further represent and warrant that the use of the User Content, in connection with the creation of Rotor Videos, Video Compilations will infringe the intellectual property rights of any third party.
Rotor Video Licence. Subject to the User paying the relevant fee, Rotor grants each User in respect of final edited and rendered version of each Rotor Video ordered through the Site a revocable perpetual right to download that Rotor Video and use that Rotor Video to promote the User Music Content relating to same which shall for the avoidance of doubt include any personal use, or exploiting, commercialising or promoting the Rotor Video on social media accounts and on-line streaming platforms such as YouTube and Spotify or other broadcasting or media platforms (Rotor Licence).
For the avoidance of doubt Users shall not be entitled to modify, cut, edit or rearrange such Rotor Videos and without any right to access or download any of the Rotor Image Content which is comprised in such Rotor Videos.
Save as granted pursuant to the Rotor Licence above, all rights, title and ownership in and to Rotor Videos shall be exclusively owned by Rotor at the time each Rotor Video is created and Rotor specifically reserves unto itself all intellectual property rights and other rights of every kind and nature, whether now or hereafter known or in existence, in connection with all Rotor Videos.
- Use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any User 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 User 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 as a user 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. Save as expressly provided in these terms and conditions, 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 User 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 not comprised in a Rotor Video and which is not subject to the Rotor Licence 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).
- 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, User Music Content, uploaded User 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 User Content, and any 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 and all User Content):
- not to upload content or participate in any form of activity via the Site which is in the opinion of Rotor immoral, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to use the Rotor Videos in any manner or on platforms, broadcasts or media, which exhibit, promote, or are associated with, any illegal activities or other activities or purposes which Rotor may find objectionable for any reason;
- 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 US Dollars. 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.
- YouTube Integration. By using Rotor to upload videos to YouTube, you agree to be bound by the YouTube Terms of Service.
- 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 USER IMAGE CONTENT AND/OR USER 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 (including without limitation the Rotor Licence), if in our sole discretion without prior notice to you and without reimbursement, 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 Unit 31, Tileyard Studios, Kings Cross, London N7 9AH, or email us via firstname.lastname@example.org.