USER AGREEMENT AND PRIVACY POLICY
1. CONSENT AND ACCEPTANCE
1.1
VMaker Group (hereinafter referred to as "VMaker") has developed an app
named VMaker. To use VMaker the user (hereinafter referred to as "User"
or "You") shall agree to the provisions of this Agreement in its
entirety and complete the registration process as indicated on the page. By
clicking on "Sign Up" during the registration process, the User
wholly agrees to all terms of this Agreement and acknowledges that VMaker
reserves its right to amend or add to this Agreement any terms of use that VMaker
deems reasonable. The User is required to regularly review the Agreement at
https://c.iaivideo.com/agreement/vidmakerUserAgreement to get the
latest version, and the continual use of VMaker shall be deemed that the User
agrees to comply with the latest version of the Agreement.
1.2
The User hereby declares that, (i) the User is not subject to statutory age
limit to enter into this Agreement according to the applicable laws and
regulations in the country where the User is located and has the full legal
capacity or the User has obtained informed consent from your parents or
guardian to use the Web Services; (ii) The information that the User provide in
the registration process is correct, true, up to date and accurate.
1.3
Except as stipulated otherwise in this Agreement, the Agreement does not
provide for the terms of service relating to the use of other application or
other services of VMaker . The User shall enter into relevant user agreement if
he/she intends to use such app or service.
1.4
In the Agreement, the User and VMaker shall be jointly referred to as the
"Parties" and any one of them as a "Party".
2. TERMS AND CONDITIONS
2.1
By entering the Agreement, VMaker does not endorse any content produced by any
user or other licensor via VMaker, or any opinion, recommendation, or advice
expressed therein, and VMaker expressly disclaims any and all liability in
connection with such content.
2.2
For you to enjoy any and all functions provided by the app VMaker(hereinafter
referred to as "the Service") for free, including free access to and
use of the Service, you acknowledge and agree that VMaker may generate revenues,
increase goodwill or otherwise increase the value of NeoTasks from your use of
the Service.
2.3
To its best knowledge, VMaker operates VMaker in compliance with applicable laws
and/or regulation in jurisdictions where VMaker is allowed to operate. VMaker
makes no representation that VMaker 's user-generated contents or practices
would be legal in every jurisdiction. It's your responsibility to check and see
whether VMaker's operation is prohibited or not in your country of residence.
2.4
You shall ensure that you are civilly capable of accepting the service and not
underage based on applicable laws, which constitutes a minor in your resident
country. If you are a minor, you are required to acquire permission from your
legal guardian to use our app in your resident country. You are solely
responsible for any negative outcome derived from your violation to such
mandatory requirement.
2.5
You shall not reproduce, distribute, publicly perform, communicate to the
public, synchronize or otherwise use and exploit any third party content,
including but not limited to, pictures or messages you upload to the app. You
are solely responsible for securing the rights or license to any third party content,
including but not limited to, pictures or messages you upload and share on VMaker
or other social medial platforms.
2.6
You hereby agree not to use VMaker to conduct any activities that are against
religious principles, public policies or any applicable laws. You shall not use
VMaker to conduct any activities that are in relation with terrorism,
pornography, religious extremism, drugs traffic or other illegal activities.
You are solely responsible for any negative outcome derived from your violation
to such mandatory requirement.
2.7
You agree not to use the Service for any of the following commercial uses
unless you obtain VMaker 's prior written approval: the sale of access to the
Service; the sale of advertising, sponsorships, or promotions placed on or within
the Service or Content;
2.8
You agree not to use or launch any automated system, including but not limited
to, "robots," "spiders," or "offline readers,"
that accesses the Service in a manner that sends more request messages to VMaker
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional online web browser.
2.9
You agree not to circumvent, disable or otherwise interfere with
security-related features of the Service or features that prevent or restrict
use or enforce limitations on use of the Service or the content therein.
2.10
If you select a username or similar identifier for your account, we reserve the
right to remove or reclaim it if we believe it is appropriate (such as when a
trademark owner complains about a username that does not closely relate to a
user's actual name).
2.11
VMaker may in any event terminate this Agreement by sending a termination email
to the User.
2.12
If users violate laws, regulations and platform rules, after receiving the
report, the platform may submit some voice records and/or text message as the
basis for content audit and investigation.
3. VMaker ACCOUNTS AND PRIVACY
POLICY
3.1
Without our prior written approval, you cannot transfer the account to any
other third party.
3.2
You will not create an account for anyone other than yourself without
permission and you will not create more than one personal account. And if VMaker
disabled your account, you will not create another one without our permission.
3.3
Although VMaker will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of VMaker or others due to
such unauthorized use.
3.4
VMaker may disable your account if VMaker reasonably believes that you use this
account to carry out any illegal activities.
3.5
VMaker values your privacy and agrees not to disclose or provide your
registration information or any non-public content to third parties and will
not use it for advertising purposes. These may be collected when you use our
services, unless we obtain your prior approval or we are required to pass the
applicable authority under the applicable laws or regulations.
3.6
Notwithstanding the foregoing, VMaker may disclose your registered information
to our affiliated companies for data analysis from commercial perspective or
disclose your registered information to our partner if such partner agrees to
protect the information in the way VMaker does.
3.7
VMaker may use your information in the app for the rankings and may exhibit them
for others to see.
3.8
Privacy-relevant permissions requested by VMaker:
i
PHONE_STATE
Used
for permissions that are associated telephony features. This permission is
triggered by Google Play Install referrer API, which allows VMaker to collect
information of app downloading and usage. Turn on this permission, only collect
the user's local mobile phone number, used for account matching and address
book friend recommendation, so as to interact and play with friends in VMaker. VMaker
collects the local mobile phone number information only in the user's manual
consent scenario, and strictly keeps the information obtained from this
permission.However, we won't collect telephony information such as IMEI and
device ID.
ii
LOCATION AND IP
Used
for permissions that are associated with accessing user's location. This
permission allows VMaker to exhibit the user's location in the profile and
recommend interesting people aside the user's location.When you post
information such as audio and video or watch nearby videos, we will ask you to
authorize the location and collect location information related to the service.
These location information includes information such as IP address, GPS, and
the like.
iii
CAMERA
Used
for permissions that are associated with accessing camera or capturing
images/video from the device. This permission allows VMaker to capture the
user's selfies in order for them to be viewed in the profile, or allows the
user to take photos and send to friends on VMaker.
iv
STORAGE
Used
for permissions that are associated with accessing and uploading from the
storage in the user's device. The permission allows VMaker to download video
resources.
v
MICROPHONE
Used
for permissions that are associated with accessing microphone in the user's
device. The permission allows the user to shoot videos on VMaker.
vi
Read the List of Installed Applications
This
permission allows VMaker to read the list of installed applications in users'
devices, With user's permission, the information of third-party apps can be
accurately provided, allowing users to share anytime conveniently.
vii
CONTACTS OF PHONE
sed
for permissions that are associated with accessing the contacts in the user's
device. This permission allows VMaker to recommend the user's friends in the
contacts to himself so as that they can share videos and have fun on VMaker
together.
4.INTELLECTUAL PROPERTY
Intellectual
Property Rights
We
respect intellectual property rights and ask you to do the same. As a condition
of your access to and use of the Services, you agree not to use the Services to
infringe on any intellectual property rights. We reserve the right, with or
without notice, at any time and in our sole discretion to block access to
and/or terminate the accounts of any user who infringes or is alleged to
infringe any copyrights or other intellectual property rights.
Content
VMaker
Content
As
between you and VMaker, all content, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music on and "look and feel" of the
Services, and all intellectual property rights related thereto (the "VMaker
Content"), are either owned or licensed by VMaker, it being understood that
you or your licensors will own any User Content (as defined below) you upload
or transmit through the Services. Use of the VMaker Content or materials on the
Services for any purpose not expressly permitted by these Terms is strictly
prohibited. Such content may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed or otherwise
exploited for any purpose whatsoever without our or, where applicable, our
licensors' prior written consent. We and our licensors reserve all rights not
expressly granted in and to their content.
Subject
to the terms and conditions of the Terms, you are hereby granted a
non-exclusive, limited, non-transferable, non-sublicensable, revocable license
to access and use the Services, including to download the Platform on a permitted
device, and to access the VMaker Content through your use of the Services. VMaker
reserves all rights not expressly granted herein in the Services and the VMaker
Content. You acknowledge and agree that VMaker may terminate this license at any
time for any reason or no reason.
You
acknowledge and agree that when you view content provided by others on the
Services, you are doing so at your own risk. The content on our Services is
provided for general information only. It is not intended to amount to advice
on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of the content on
our Services.
We
make no representations, warranties or guarantees, whether express or implied,
that any VMaker Content (including User Content) is accurate, complete or up to
date. Where our Services contain links to other sites and resources provided by
third parties, these links are provided for your information only. We have no
control over the contents of those sites or resources. Such links should not be
interpreted as approval by us of those linked websites or information you may
obtain from them. You acknowledge that we have no obligation to pre-screen,
monitor, review, or edit any content posted by you and other users on the
Platform (including User Content).
4.1User-Generated
Content Users may be permitted to upload or transmit (such as via a stream) or
otherwise make available content through the Services ("User
Content"). Users may also overlay music, graphics, stickers, Virtual Items
(as defined and further explained in the "Supplemental Terms – Virtual
Items Policy") and other elements provided by VMaker ("VMaker
Elements") onto this User Content and transmit this User Content through
the Services. The information and materials in the User Content, including User
Content that includes VMaker Elements, have not been verified or approved by us.
The views expressed by other users on our Platform (including through use of
the virtual gifts) do not represent our views or values.
Whenever
you access or use a feature that allows you to upload or transmit User Content
through the Services, or to make contact with other users of the Services, you
must comply with the standards set out at "Your Access to and Use of Our
Services" above. You may also choose to upload or transmit your User
Content, including User Content that includes VMaker Elements, on sites or
platforms hosted by third parties. If you decide to do this, you must comply
with their content guidelines as well as with the standards set out at
"Your Access to and Use of Our Services" above.
You
warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
Any
User Content will be considered non-confidential and non-proprietary.
User-uploaded content will be seen by other users unless the user settings are
visible only to themselves. When you submit User Content through the Services,
you agree and represent that you own that User Content, or you have received
permission from, or are authorised by, the owner of any part of the content to
submit it to the Services. You warrant that your User Content is not obscene,
threatening, harassing, libellous, deceptive, fraudulent, invasive of another's
privacy, offensive, defamatory of any person or illegal. You warrant that your
User Content does not infringe any patent, trademark, trade secret, copyright,
or other intellectual or proprietary or privacy right of any party or
individual.
You
or the owner of your User Content still own the copyright in the content sent
to us, but by submitting content to us, you hereby grant us an unconditional
irrevocable, non-exclusive, royalty-free, fully transferable, perpetual
worldwide licence to use, modify, adapt, reproduce, make derivative works of,
publish and/or transmit, and to authorise others user of the Services and other
third-parties to view, access, use, modify, adapt, reproduce, make derivative
works of, publish and/or transmit your User Content in any format and on any
platform, either now known or hereinafter invented.
We
also have the right to disclose your identity to any third party who is
claiming that any User Content posted or uploaded by you to our Services
constitutes a violation of their intellectual property rights, or of their
right to privacy.
We,
or authorised third parties, reserve the right to cut, crop, edit or refuse to
publish, your content at our or their sole discretion. We have the right to
remove any posting you make on our Platform if, in our opinion, your post does
not comply with the content standards set out at "Your Access to and Use
of Our Services" above.
We
accept no liability in respect of any content submitted by users and published
by us or by authorised third parties.
If
you wish to complain about information and materials uploaded by other users
please contact us at: Attention: Tony
Email
address: rocketstar00858@gmail.com
VMaker
takes reasonable measures to expeditiously remove from our Services any
infringing material that we become aware of. It is VMaker's policy, in
appropriate circumstances and at its discretion, to disable or terminate the
accounts of users of the Services who repeatedly infringe copyrights or intellectual
property rights of others.
4.2
All text, data, images, graphics, audio and/or video information and other
materials produced when using our app or service are property of VMaker and are
protected by copyright, trademark and/or other property rights laws. Nothing in
this Agreement shall be construed as conferring you any license of any
intellectual property rights or such materials.
4.3
You are prohibited from copying, displaying, downloading, modifying,
reproducing or creating any derivative works of such materials, directly or
indirectly published, performed, rewritten or republished for performance or
distribution purposes, or otherwise used for commercial purposes without prior
written consent from us.
4.4
VMaker shall not be liable for any loss or damage incurred by you when using VMaker
or service or incurred by systematic problem.
4.5
Any intellectual property rights of any software, works (including but not
limited to, any images, photos, animations, video recordings, audio recordings,
music, text, add-on programs and supplementary material) belonging to any third
party shall not be infringed. You cannot reverse engineer, decompile or
disassemble such software or works without the prior permission of the
copyright holder.
4.6
The content on your recorded short videos on VMaker, and the trademarks, service
marks and logos (hereinafter referred to as "Marks") in the videos,
are owned by or licensed to VMaker, subject to applicable copyright law and
other intellectual property law.
4.7
You hereby grant VMaker worldwide, non-exclusive, royalty-free, sublicense able
and transferable license to use, reproduce, distribute, prepare derivative
works of, display, publish, adapt, make available online or electronically
transmit and perform the videos in connection with the Service, which is
perpetual and irrevocable.
5.LIMITATION OF LIABILITY AND
INDEMNITY
To
the fullest extent permitted by law, in no event shall VMaker, its officers,
directors, employees, or agents, be liable to you for any direct, indirect,
incidental, special, punitive, losses or expenses or consequential damages
whatsoever resulting from any of the following,
i
errors, mistakes, or inaccuracies of what you produce on VMaker or other social
media,
ii
personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our services,
iii
any unauthorized access to or use of our secure servers and/or any and all
personal information and/or financial information stored therein,
iv
any interruption or cessation of transmission to or from our services,
v
any bugs, viruses, trojan horses, or the VMaker, which may be transmitted to or
through our services by any third party, and/or
vi
any errors or omissions in any content or for any loss or damage of any kind
incurred as a result of your use of any content posted, emailed, transmitted,
or otherwise made available via the services, whether based on warranty,
contract, tort, or any other legal theory, and whether or not VMaker is advised
of the possibility of such damages.
To
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless towards VMaker, its parent corporation, subsidiaries, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from:
i
your use of and access to use any and all functions provided by VMaker;
ii
your violation of any term of the Agreement;
iii
your violation of any third party right, including without limitation any
copyright, property, or privacy right;
iv
any claim that your videos caused damage to a third party. This defense and
indemnification obligation will survive the Agreement and your use of the
Service.
6. MISCELLANEOUS
6.1
Unenforceability of some terms of the Agreement shall not affect validity of
any other terms in the Agreement. No waiver of any term of the Agreement shall
be deemed a further or continuing waiver of such term or any other term, and VMaker's
failure to assert any right or provision under the Agreement shall not
constitute a waiver of such right or provision.
6.2
You agree to be bound further by VMaker's privacy policy at https://c.iaivideo.com/agreement/vidmakerPrivacyPolicy.htm, incorporated
herein in this Agreement by reference. If you do not agree the Agreement,
please stop your browsing of our website, your installing of our APP and delete
the application from your device if you have already downloaded it.
6.3
This agreement may appear in different languages and the English version shall
prevail if any content of any other version in any other language conflicts
with the equivalent part of this English version.