Effective Date: December 14, 2015
Note for Children. Use of the App and Service by anyone under the age of 13 is prohibited.
2. License to Use the App. Subject to your compliance with all the terms and conditions of this Agreement, Shred Video hereby grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App on a compatible mobile device that you own or control to create Media and post and share such Media through the Service for your personal, non-commercial purposes, in each case in the manner enabled by Shred Video. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Any use of the App or Service other than for private, non-commercial use is strictly prohibited.
3. Ownership; Proprietary Rights. As between you and Shred Video, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to your Media, subject to the licenses granted to Shred Video and other App users herein. As between you and Shred Video, Shred Video owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App and Service, including all usage and other data generated or collected in connection with the use thereof (the “Shred Video Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Shred Video Materials.
4. Mobile Services. Use of the App and Service requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App and Service.
5. Third-Party Sites. The App and Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Shred Video is not responsible and shall have no liability for the content of such third-party sites, products or services made available through them, or your use of or interaction with them.
6.1. The Service allows you and other users to post and share Media through the App and on certain third-party media properties (where such properties are subject to change from time to time) such as Facebook, Pinterest, Tumblr, Twitter and YouTube (such shared or posted Media, “Shared Media”). You acknowledge that you control your Media but not the Media of other users. You understand that the Service is provided to you only on an “as-available” basis and Shred Video does not guarantee that the availability of the Service or Shared Media will be uninterrupted or bug free. You agree you are responsible for all of your Shared Media and all activities that occur under your user account.
6.2. You acknowledge that all Media is stored on Shred Video’s servers and not on your device. Media that you specify should not be shared with any third party (“Personal Media”) will not be intentionally distributed by Shred Video to third parties. However, as is the case with similar social and media sharing services, your Personal Media is not completely secure and you acknowledge that it may be accessed by third parties. If you choose to close your Service account, Shared Media will no longer be made available through the Service and your log-in will be disabled, but your account information and Media will remain on our servers.
6.3. You shall retain all of your ownership rights in your Media. You hereby grant Shred Video a worldwide, nonexclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your Media, and to additionally distribute and publicly perform Shared Media in connection with the App, Service and Shred Video’s (and its successor’s) business, in any media formats and through any media channels. Shred Video agrees not display your Media in any advertising materials without your consent, other the display of Shared Media on web sites owned or controlled by Shred Video. You also hereby grant to each user of the App and Service a non-exclusive license to access and view your Shared Media, and to use, reproduce, distribute, prepare derivative works of, display and perform your Shared Media as permitted by the functionality of the App and Service and this Agreement. The aforementioned licenses will terminate with respect to any particular item of your Shared Media when you or Shred Video remove it from the Service, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that such licenses survive to the extent necessary for a copy of your Media to be retained by Shred Video.
6.4. In connection with your uploaded Media, you further agree that you will not: (i) use material that is subject to third-party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Shred Video all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of commercial nature. Shred Video may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Service without your authorization, you may follow the process outlined at http://shredvideo.com/copyright.html to notify Shred Video’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that Shred Video remove such content from the Service.
6.5. You hereby acknowledge that you may be exposed to Shared Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the App and Service, and further acknowledge that Shred Video does not control the Shared Media posted by App users and does not have any obligation to monitor such content for any purpose.
7. Music. Shred Video permits you and other users of the App and Service to access your respective iTunes music, music libraries, or online search to synchronize music to the uploaded Media. With respect to your Media, you hereby agree that you will not use music that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Shred Video all of the license rights granted herein. With respect to Media uploaded by others, you agree not to remove, modify or obscure any copyright notices, attributions or other content inserted in any Media relating to music content within such Media, and agree not to use, reproduce or distribute any such music content independent of the Media in which it is incorporated. You further agree to comply with any license terms associated with any such music that are communicated to you when you are given access to the Media.
8. Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
9. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting the App from your device and ceasing use of the Service. You agree that Shred Video, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service. Shred Video may also in its sole discretion and at any time discontinue providing the App or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Shred Video shall not be liable to you or any third party for any such termination. Sections 3–5, 6.3, 6.4 and 7–16 will survive any termination of this Agreement.
10.1. Certain App features and/or functionalities may be subject to fees payable by you to Shred Video (“Premium Services”). If you subscribe to Premium Services, Shred Video will host your Media for the period of time applicable to your subscription tier and you may be able to download your edited Media. However, Shred Video may, in its sole discretion, add, remove and/or modify services that constitute Premium Services without notice. Without purchase of Premium Services, your Media will be automatically deleted from Shred Video’s servers in fourteen (14) days or such other period of time as Shred Video may deem to apply to the free Service from time to time.
10.2. If you subscribe to any Premium Service, your payment will automatically renew at the end of the subscription period, unless you cancel your subscription prior to the renewal date. The cancellation will take effect the day after the last day of the current subscription period. If you cancel your payment or delete your App account before the end of the subscription period, we will not refund any subscription fees already paid to us.
10.3. We may change the price for Premium Services from time to time, and will communicate any price changes to you. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Premium Service after the price change takes effect, you accept the new price.
10.4. You represent and warrant that you have all rights to use the payment method used by you to pay for any Premium Services. By submitting payment instrument information to Shred Video, you hereby authorize us to use that payment instrument to charge all fees you may incur through use of the App. You are responsible for all fees incurred through use of your App account. All fees are non-refundable. If you believe you have been charged in error, please contact us at email@example.com.
11. Disclaimers; No Warranties. THE APP, SERVICE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP OR SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHRED VIDEO, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SHRED VIDEO, AND ITS LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE APP AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Indemnification; Hold Harmless. You agree to indemnify and hold Shred Video, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App or Service, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Shred Video’s willful misconduct or gross negligence. Shred Video reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims
13. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHRED VIDEO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE APP OR SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH SHRED VIDEO, EVEN IF SHRED VIDEO OR A SHRED VIDEO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, SHRED VIDEO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHRED VIDEO’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP OR SERVICE EXCEED FIFTY U.S. DOLLARS.
14. Claims. YOU AND SHRED VIDEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Apple. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
16. Miscellaneous. Shred Video may modify this Agreement at any time. We will notify you of material changes to this Agreement via e-mail sent to the e-mail address associated with your account. Your continued use of the App and Service beginning seven (7) days after notice of changes is sent by Shred Video constitutes your binding acceptance of such changes. Under this Agreement, you consent to receive communications from Shred Video electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shred Video without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Shred Video as set forth herein.