Okay everyone, this is where we make sure that we have all the legal bases covered: if you upload your stuff with us and invite your friends or family to view it or to make a muvee, or go further and actually post it on public sites like Facebook and YouTube, we need you to allow us to tinker with your stuff to make that happen. Hence you are granting us rights to "use, copy, modify and display" As part of this Service, you and your friends can also download and even print the stuff in your collection if you invite them to do so. We use commercial printing companies to do that for best quality and price, hence we need you to be cool with "modify, publish, adapt, redistribute, sublicense and reproduce". It's really not much different from any photo and video sharing sites out there. If you have ever used Gmail, YouTube and Facebook, then muvee Cloud is a walk in the park! So here goes, this is how the lawyers express it ...
2) License to MUVEE
You hereby license MUVEE to create and host your user content including but not limited to messages, notes, text, information, comments, muvee(s), photos, music and videos files (“Content”) on its servers and perform the Services. This license will terminate once you remove your user content from the Services. In accordance with your use of the Services, you grant to MUVEE a world-wide, non-exclusive, fully paid, royalty-free, perpetual, non-revocable, transferable and sub-licensable license to use, copy, modify and display your Content as reasonably necessary to perform the Services and to distribute and publicly display your Content whenever you make your Content public (including but not limited to when you post a link to your Content on any publicly available website), and to modify, publish, adapt, redistribute, sublicense and reproduce such Content to other users of the Services and to third parties with whom MUVEE has a relationship. You also grant MUVEE the right to authorize the downloading and printing in whole or in part of any Content that you post to the Website in order to facilitate the sale of products on the Website.
You hereby agree to utilize the Services, in whole or in part, solely for non commercial purposes. The Website hosts your Content including but not limited to photos, text, music and video files provided by you and the muvee(s) rendered from such user content when you choose to make muvee(s) as well as muvee(s) which are automatically generated by the Website without reference to you. You shall provide an email address in order to use the services. 1.You may utilize the Services without verifying your email address 2.If you wish to invite others to use the Services, you will be asked to verify your email address. Upon receipt of your response to such verification email, MUVEE shall then allow you to invite others to use the Services. 3.You agree to provide true, accurate and current information in such account creation process as requested by MUVEE MUVEE may enable you to cut and paste the HTML code from the Website and/or Services for the sole purpose of embedding your Content on your own personal website or web pages. You agree that you will not (a) modify or cause to be modified such HTML code; (b) modify or cause to be modified the display of your Content or (c) use such HTML code or any Content for any commercial purposes. You are to be solely responsible for any charges or expenses incurred while accessing and using the Services. MUVEE shall retain the discretion to impose charges upon usage of any parts of the Services at any time provided that MUVEE shall provide notice of any such charges before effecting payment against you. MUVEE aims to maintain the Website such that it is absent of indecent, offensive or objectionable content. In the event that you encounter such inappropriate or objectionable content, please notify us at email@example.com. MUVEE shall undertake to review such content and in the event that MUVEE agrees with your opinion, MUVEE shall undertake to remove such content. Notwithstanding the above, you acknowledge that usage of the Services may expose you to such inappropriate content and you expressly waive any rights of actions or claims as against MUVEE should you encounter such content while accessing or using the Services. You further agree that your sole recourse if you are exposed to inappropriate content is to notify MUVEE of same. YOU AGREE THAT MUVEE MAY COMBINE YOUR CONTENT WITH THE CONTENT FROM OTHER USERS IN ORDER TO CREATE MUVEES WITHOUT REFERENCE TO YOU OR OTHER USERS and you expressly waive any rights of actions or claims against MUVEE if your Content is combined with any inappropriate or objectionable Content. You further agree that your sole recourse is to notify MUVEE of same. You agree that MUVEE, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. MUVEE may also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. MUVEE may also, in our sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services. MUVEE reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted, and (iii) restricting or terminating any user's right to use the Services with or without notice; (b) charge fees in connection with the use of the Services (c) modify and/or waive any fees charged in connection with the Services and/or (d) offer opportunities to some or all users of the Services You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services in whole or in part, or of any service, content or feature offered through the Services
4) Limitations on usage of Services
You shall be assigned only one (1) account. The aggregate file size of all your user content stored by the Service shall not exceed the limit as specified on the Website and/or Frequently Asked Questions (FAQ), which may change from time to time at MUVEE’s sole discretion. MUVEE reserves the right to alter the above limitations without reference or any notice to you. If you are not satisfied with the limitations imposed upon your account, your sole recourse is to terminate such account. You may not upload Content to the Website on behalf of another individual or entity unless you are authorized to do so. This includes Content that would support or criticize another individual or entity. MUVEE DOES NOT PRE-SCREEN OR APPROVE CONTENT, AND CANNOT GUARANTEE THAT CONTENT WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS CLAIMED. NOR IS MUVEE RESPONSIBLE FOR ANY CONTENT OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY CONTENT, INCLUDING HOW THE OWNER OF THE CONTENT COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU AGREE TO BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH THE WEBSITE OR SERVICES. MUVEE grants you a limited license to access and make personal use of this Website and the Services and not to download (other than page caching) or modify it, or any portion of it, except with MUVEE’s express written consent. The foregoing license does not include any resale or commercial use of this Website, the Services or its contents; any derivative use of this Website, the Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Website, the Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without MUVEE’s express written consent. Use of the Services that constitutes abuse shall be determined by MUVEE, in its sole discretion. MUVEE reserves the right to terminate your account if MUVEE determines you have not complied with these Terms of Service. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on the Website. You agree to immediately notify MUVEE of any unauthorized use of your account or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. MUVEE is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Services, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Services, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or subsequently is inaccurate, MUVEE reserves the right to terminate your account immediately and your right to use the Services. MUVEE shall not be liable for any loss or damage arising from your failure to adequately safeguard your password. MUVEE also reserves the right to require you to change your password if MUVEE reasonably believes that your password has been compromised.
5) Prohibitions on usage of the Services
This Privacy Statement for muvee CLOUD (“Privacy Statement”) explains the data collection and use practices of muvee Technologies Pte Ltd and all its subsidiaries (“MUVEE”) in respect of the muvee CLOUD product and Website wherein this Privacy Statement is found (“the Website”). This statement does not apply to other online or offline MUVEE sites, products, or services. We may update this privacy statement from time to time, in which case we will revise the "last updated" date at the top of the privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the information we collect. The Information We Collect When you visit the Website you provide us with two types of information: When you register with the Website, you are asked to provide us with certain personal information that may identify you personally (“Personal Information”). When you enter the Website, we collect usage statistics that are not intended to identify you personally (“Usage Statistics”). When you use the Website, you may carry out various activities wherein you provide Personal Information, which we may collect so that we can provide you with the muvee CLOUD service and offer personalized features. When you update Personal Information, we may keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. The Website may contain links to other websites which are not within our control and which have different privacy policies, and we are not responsible for any Personal Information that you provide to them. Your Content You post comments, messages, photos, videos, muvees or other information (“Content”) on the Website at your own risk. We allow you to set privacy options that limit access to your pages, but by using the Website, you agree that (1) no security measures are impenetrable, (2) you waive any rights in respect of same, (3) you acknowledge that copies of the Content may remain viewable in cached and archived pages that are not within the control of MUVEE or if other users have copied or stored the Content. As part of the Services, the Website may use your Content and combine it to form muvees without any reference to you, which will only be available within your privacy options. Your Invitations If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. We will store the email addresses of people you invite to an album, as well as associate a name you provide with that email address. We will treat that information with the same care that we treat your information under the terms of this Privacy Statement. When we send emails to people on your behalf, we use your name in email “From” field, so it looks like it comes from you. We are clear in the subject and the text of the email that we’re emailing on your behalf and at your request, but not trying to impersonate you. Use of Information We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. Profile information is used by the Website primarily to be presented back to and edited by you when you access the service. Some profile information that you submit to the Website will be available to users of the Website that you have invited, and in search results across the Website and those limited pieces of information may be made available to third party search engines. The Website may send you service-related announcements from time to time through the general operation of the Services, such as invitations to view other albums. We may also offer you further services and products from MUVEE or relevant third parties. Information that is collected by or sent to MUVEE may be stored and processed in a country in which MUVEE or its affiliates, subsidiaries, or agents maintain facilities. MUVEE may disclose this information if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with court orders law or comply with legal process served on MUVEE or the site; (b) protect and defend the rights or property of MUVEE, or (c) act in urgent circumstances to protect the personal safety of MUVEE employees, users of MUVEE software or services, or members of the public. MUVEE may engage other companies to provide services on its behalf, such as providing hosting, customer support, processing transactions, or performing statistical analysis of reports. MUVEE will provide those companies only the information they need to deliver the service. They are required to maintain the confidentiality of this information and are prohibited from using it for any other purpose. We may use information in your profile without identifying you as an individual to third parties. We may do this for purposes such as aggregating information and personalizing advertisements and promotions so that we can provide you useful information and benefits. When you use the Website, certain information you post or share with third parties (e.g., a friend or someone in your network), your Personal Information and/or Content may be shared with other users in accordance with the privacy settings you select. By using the Website, you agree that all such sharing of Personal Information and/or Content is done at your own risk, and you acknowledge that any Personal Information and/or Content which is shared can be copied by others and may become publicly available. Children and Minors If you are under 13 years of age, please do not attempt to register for the Website or send any Personal Information or Content. The Website does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register. If we find out that we have collected Personal Information or Content from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Information or Content from or about a child under 13 years, please contact us immediately. If you are a minor over the age of 13 years please ask your parents for permission before using the Website. Security and Contact Information The Website takes appropriate precautions to protect our users' information. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of the Website Web Site, please contact us at muvee Technologies Pte Ltd postal address: 133 Middle Road Level 3 BOC Plaza Singapore 188974
7) Representations & Warranties
8) Copyright infringement
If you believe that your intellectual property rights have been infringed by a user of the Services, please send a written notification of the claimed infringement as per the Digital Millennium Copyright Act to MUVEE at 133 Middle Road, Level 3 BOC Plaza, Singapore 188974, addressed to the Contracts and Compliance Manager. In addition, you may send such notification to the following email address: firstname.lastname@example.org. Please include in such notification: a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed; b.Identification of the copyrighted work alleged to be infringed; or if multiple copyrighted works are alleged to be infringed, a representative list of such works. c.Identification of the material that is allegedly infringing and that is to be removed or access to which denied and information so as to permit us to locate on the Website the material that is allegedly infringing; d.your address, telephone number and email address; e.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f.a statement by you, made under penalty of perjury that the above information provided by you is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You acknowledge that if you fail to comply with all of the requirements in this section, your DMCA notification may not be valid. MUVEE reserves the right to also terminate the account of the user who appears to have infringed your copyrights or any intellectual property rights at its sole discretion. You acknowledge and agree that by utilizing these Services, your user content will be publicly available to others and that MUVEE has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your user content and that MUVEE has no liability in any occurrence of such events. (last updated on 20th January 2009)
9) Trademarks and Copyright
MUVEE shall retain the proprietary rights to the Website and all trademarks, brands, service marks and copyrights used in conjunction with the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at the Website. This license does not apply to any third party images and/or trademarks stored at the Website. Permission for use of such content must be obtained from the copyright or trademark owner. MUVEE shall claim no ownership rights and/or interests in the images and/or content posted by you at the Website.
10) Disclaimer of Warranties and Liabilities
MUVEE expressly disclaims any responsibility or liability for your usage of the Website and/or Services and the following: a.the accuracy, content, completeness, legality, reliability, operability, or availability of any information or material on the Website. b.the deletion, failure to store, loss, wrongful or untimely delivery of any information or user content. c.any harm resulting from downloading or accessing any information or material through the Website. You acknowledge that MUVEE has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK. You acknowledge that MUVEE shall not be liable for your interactions with any organizations and/or individuals found on or through the Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. MUVEE reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Services. THE SERVICES, WEBSITE AND ITS CONTENT, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUVEE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY DOWNLOADING OR OTHERWISE OBTAINING THROUGH THE SERVICES OF ANY MATERIAL, INCLUDING BUT NOT LIMITED TO MATERIAL ORIGINATING FROM THIRD PARTIES’ WEBSITES TO WHICH THE WEBSITE IS LINKED, IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL MUVEE BE LIABLE TO YOU OR ANY USER DUE TO YOUR OR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE OR SERVICES OR USER CONTENT. SUCH LIMITATION OF LIABILITY SHALL OPERATE TO PREVENT RECOVERY OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES FROM MUVEE. SUCH LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE AND/OR SERVICES, OR FROM USER’S INABILITY TO USE THE WEBSITE, OR FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICES DUE TO CAUSES INCLUDING BUT NOT LIMITED TO THE MAINTENANCE, UPGRADE OR REPAIR OF WEBSITE AND/OR THE SERVICE, FAILURE OF ANY EQUIPMENT BEYOND THE CONTROL OF MUVEE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS ACCESSED THROUGH OR ADVERTISED ON THE SERVICES. IN VIEW OF THE ABOVE, MUVEE EXPRESSLY REQUESTS YOU TO CREATE BACKUP COPIES OF ALL OF YOUR USER CONTENT UPLOADED TO THE WEBSITE. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING WHETHER MUVEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, under no circumstances shall MUVEE be held liable for any delay or failure in its performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
12) Forum and Choice of Law.
13) Entire Agreement