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 VMakerVMaker

 

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.