TERMS OF SERVICE
THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
These Terms of Service ("Terms”)of the website located at the URL https://illusto.com/ on mobile sites or the other associated/ancillary applications, products, websites and services and all other variations of the same (collectively referred to as “Platform”) is between Clippings Inc. and Multistream Technologies Private Limited (referred as “Company”, “illusto” or “we” or “us” or “our"), and the registered Users, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform (referred as "you" or "your" or or “User”) describe the terms on which Company offers Services.
By accessing this Platform, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Your continued use of the Platform shall constitute your acceptance to the Terms and Conditions, as revised from time to time.
You and Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
- CLICK TO ACCEPT
Before using certain areas of the Platform you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions. Any consent so provided by you will be deemed to be valid consent under all applicable laws.
- UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms of Service herein shall refer to the latest version of the Terms of Service.
- WEBSITE SERVICES
illusto is an online video creation platform that offers all the basic video editing functionality including but not limited to upload, cut, trim, merge, add effects etc. as well as offers third party materials including but not limited to stock media libraries, image creation using AI for creating videos.
Company reserves the right to update the Platform and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that.
- ELIGIBILITY AND ACCOUNT REGISTRATION
- By using the Platform, you affirm that you are at least 18 years of age and are fully able and competent to accept the Terms and Conditions and the obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform.
- You must register an account on the Platform (an “Account”). When you register on the Platform and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us via the Platform including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
- You can create an Account by logging into your account with certain third-party social networking websites (“SNS”) including Google, Facebook etc. “Third- Party Account”, or by using your phone number. If you create an Account using your phone number, you must enter in the necessary details on the Platform, post which one-time verification shall be conducted by the Company. Post such verification the Account shall be created.
- If you chose to create an Account using a Third-Party Account, you may link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers.
- By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these Terms of Service, all SNS Content, if any, will be considered to be User’s data for all purposes of these Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform.
- Please note that if a Third- Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be discontinued by the Company, at its sole discretion.
- Please note that your relationship with any third- party service providers associated with your third- party accounts is governed solely by your agreement(s) with such third- party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content.
- You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your Account. You may be held liable for losses incurred by Company due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
- If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform / Services (or any portion thereof).
- Plans: We provide a variety of plan package options, as set out on the Platform (“Plans”). Our Plans include personal use Plans and business use Plans with different inclusions, pricing and billing options for you to select from. For example, we may make available on the Platform: (1) Plans that renew on an annual basis, with annual payments (Annual Plans); and (2) Plans that renew on a monthly basis, with monthly payments (Monthly Plans). You must use the free Plan only for personal purposes (and not for business or commercial purposes).
- Account: To sign up for the Services you must select a Plan and register for an account (Account). Account creation is subject to our approval. To create an Account, we require that you provide us with information about yourself, such as your name and email. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. At our sole discretion, we may refuse to allow any person to register an Account.
- Account Owner: Where you choose a Plan and register for an Account, you are the Account Owner and you are responsible for your Account, as set out in these Terms.
Highlights: There may be a “Team” function within certain Plans under the Services. To create or join a Team, you have to have registered an Account with us. Under some Plans a Team Administrator can be assigned. illusto is not responsible for disputes between users that arise from your use of the Services, including the Team function.
- Team Members: As an Account Owner, your Plan may allow you to access the team function, a function that allows Account Owners to share videos within a group of other Account Owners (collectively, a “Team”). An Account Owner can create a Team and invite other Account Owners to join that Team. Account Owners that create and Account Owners that accept a Team invitation are “Team Members”. A Team Member must choose a Plan and register for an Account. As an Account Owner, Team Members are responsible for their Account, as set out in these Terms. At our sole discretion, we may refuse to allow any Account Owner to be a Team Member. Team Members can leave a Team at any time. illusto does not monitor or moderate Team Members’ observance of collegial expectations of Teams that use our Services. illusto is not responsible for Team Member or any user disputes arising from the use of our Services.
- Team Administrator: A Plan may allow a Team Administrator to be assigned to a Team under the Teams function. Where a Team Administrator has been assigned, the Team Administrator will be the only Team Member that can add and remove Team Member from the Team.
- Some parts of the Services are interactive, and illusto is in no way responsible for the content, information or actions of the users, Account Owners and/or other third parties. You are solely responsible for your interactions and communications with other Account Owners including any sensitive personal information provided by You to such other Account Owners, and any other parties with whom you interact or communicate with through the Services.
Highlights: There are a number of different Plans and user types. You can choose a type of Plan that suits your needs.
User types: Different Plans allow for different user types. Your user type will determine the type of access (specified in pricing section) we grant for you to use the Services. You can be classified as more than one user type.
- PLATFORM LICENSE
- Subject to your compliance with these Terms, and unless the subscription plans chosen by you and the third party terms and conditions, state otherwise, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein is owned by Company.
- You agree that this Platform and its Services are made available to you on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in availing Services from your Account, including others who may be subject to an agreement that is the same or similar to this Terms and Conditions.
- FEES AND PRICING
Highlights: If you choose a paid Plan, you must pay for that Plan. You can upgrade and downgrade your Plan. If our fees change, we will notify you 15 days prior. If you do not pay for your Plan or if you violate these Terms, we may suspend your Account. To the maximum extent permitted by law, the Plan Fees are non-refundable.
- Plan Fees: If applicable for your Plan, in order to receive the Services outlined in your Plan, you must pay us the fees set out on the Platform in relation to your chosen Plan (Plan Fee). Where you have selected an Annual Plan, you must pay the Plan Fee in advance of the next year from a credit card or bank account using the designated payment systems on the Platform (Annual Payment Date). Where you have selected a Monthly Plan, you must pay the Plan Fee in advance of the next month from a credit card or bank account (Monthly Payment Date).
- Refund Policy: If required by the jurisdiction in which you are located, you will be entitled to a cancellation period (a "Cooling-Off Period") of seven (7) days from the day of purchase, with or without cause. If the Services are partly delivered at the time of cancellation, you will get a pro-rated refund. You acknowledge that the Cooling-Off Period ends at the time the Services are fully delivered to you, after which your purchase cannot be refunded. When you purchase digital content from us, you will cease to have the right to cancel from the moment when you begin the download. Unless otherwise provided by applicable law or by a particular Service offer, all purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us and we will investigate the charge. We will evaluate your claim and provide a refund if your claim is found to be legitimate and genuine basis a detailed inquiry conducted by us and our decision on the subject-matter shall be final and binding. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any rights under applicable law.
- Upgrades and downgrades: You may upgrade or downgrade your Plan through the Platform. Should you face any issues with upgrades and downgrades, you may contact through email.
- Annual Plan upgrades and downgrades: For Annual Plans: (1) any additional fees for an upgrade will be billed to you on a pro-rata basis for the remaining period before your next Annual Payment Date and your upgrade will come into effect. You must then pay to us the new Plan Fees on each Annual Payment Date thereafter; and (2) any downgrade will come into effect on your next Annual Payment Date and you must then pay to us the new Plan Fees on each Annual Payment Date thereafter.
- Monthly Plan upgrades and downgrades: For Monthly Plans: (1) any additional fees for an upgrade will be billed to you on a pro-rata basis for the remaining period before your next Monthly Payment Date and your upgrade will come into effect. You must then pay to us the new Plan Fees on each Monthly Payment Date thereafter; and (2) any downgrade will come into effect on your next Monthly Payment Date and you must then pay to us the new Plan Fees on each Monthly Payment Date thereafter.
- Trials: Your Plan may begin with a trial. The trial period of your Plan will last for the period specified on the Platform. We determine the terms of any trial, including trial eligibility in our sole discretion and we may limit eligibility to prevent trial abuse. We reserve the right to revoke the trial and suspend your Account at any time in the event that we determine that you are not eligible. If you do not cancel during the trial period, we will automatically charge you the Plan Fees for the Plan you have chosen to your chosen payment method on the date the trial ends (Payment Date). If you do not pay the Plan Fee on the Payment Date your access to Plan benefits will finish at the end of the trial period.
- Taxes: You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
- Currency: All transactions are processed in INR for India and USA dollars for any payments anywhere else in the world. You accept that international payment processing fees may apply from your financial institution. We have no Liability to you for any international payment processing fees.
- Fee changes: If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. You will need to agree to any new offer and price if you want to continue the Services. If your Services are on a periodic basis (for example, monthly), with no specific time length, and isn't a trial offer, we may change the Plan Fees from time to time, such as if we add new or improved Service features, to the extent the costs of providing the Services have increased accordingly, or in response to market changes (for example, due to labour costs, currency fluctuations, changes in taxes/regulations, inflation, licence fees, infrastructure and administrative costs). We will inform you at least 14 days before the price change becomes effective, unless a greater period of notice is required under applicable law. The new Plan Fees will apply to your next payment due after the notice period. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect in accordance with our refund policy above. When we notify you of the price change, if required by applicable law, we'll also inform you of the reasons and scope of the increase in prices and that the new price will become effective if you don't cancel the Services, and we’ll also remind you of how you can cancel the Services.
- Failure to pay on time: If any payment is not made in accordance with these Terms, we may (at our absolute discretion) immediately suspend providing you with access to the Services.
- Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing illusto to store your payment instrument and process such payments.
- RULES AND CODE OF CONDUCT
- You shall not use the Platform for any purpose that is prohibited by the Terms; or other rules or policies implemented by us from time to time.
- You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.
- You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.
- Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being.
- Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
- You will not access the Platform, and/or its services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
- If are an Individual, you will not access the Platform and/or its services for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.
- You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.
- One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
- USE OF YOUR INFORMATION
- We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you.
- We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
- You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
9. REPRESENTATIONS AND WARRANTIES
Each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Terms and Conditions and any other documents executed in connection with or pursuant thereto.
- THIRD PARTY SITES
- We attempt to be as accurate as possible. However, we do not warrant those descriptions of our content or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We also provide links to other sites over which we have no control. We are not responsible for the availability of such external sites or resources and we do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
- We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- You acknowledge and agree that certain features or services provided by us may be provided by third-party providers, and that your use of such features or services may be subject to additional terms and conditions imposed by those third-party providers. By using such features or services, you agree to comply with any such additional terms and conditions. We are not responsible for any actions or omissions of our third-party providers, and your use of such features or services is at your own risk.
- Platform’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
11. INTERACTIVE SESSIONS.
Some parts of the Services are interactive, and Company is in no way responsible for the content, information or actions of the User and/or other third parties.
- INTELLECTUAL PROPERTY
- Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Platform, video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
- Notwithstanding anything contained in this Terms and Conditions, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
- While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use.
- User-Generated Content:
- Our Platform may allow you to create, upload, or share your own marketing materials, guides, collateral demos, videos, and other content (collectively, "User-Generated Content"). You retain all intellectual property rights in your User-Generated Content, subject to the licenses granted to the Company below.
- By creating, uploading, or sharing User-Generated Content on our Platform, you grant the Company a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, and create derivative works of your User-Generated Content solely for the purposes of operating and promoting our Platform. If you elect to make the User-Generated Content publicly available, then you also grant other users of our Platform a non-exclusive license to access and view your User-Generated Content. In a similar manner, in case the User elects to restrict the access of User-Generated Content, then you also grant such users to whom access is provided a non-exclusive license to access and view your User-Generated Content.
3. You represent and warrant that your User-Generated Content does not infringe any third party's intellectual property rights or violate any applicable laws, rules, or regulations. You also agree to indemnify and hold the Company harmless from any claims, damages, or losses arising out of or in connection with your User-Generated Content.
4. We reserve the right to remove any User-Generated Content from our Platform at any time, in our sole discretion, for any reason or no reason, without notice or liability to you.
5. Additional Rights & Obligations in case the User elects to make the User-Generated Content publicly available:
A. The User acknowledges and understands that other Users are, with the consent of the said User, also allowed to comment, annotate, and otherwise engage with the User-Generated Content on our Platform. However, any comments or annotations made by other Users will not be considered a part of the original content creator's intellectual property.
B. It is to be noted that access to such User-Generated Content will be limited to the Users with the appropriate subscription and authorization as determined by the Company.
C. The User acknowledges and agrees that the Company does not take responsibility for any text or other material that anyone may enter or submit on our Platform. The Users are solely responsible for the accuracy, completeness, and legality of any such text or material that they enter or submit on our Platform.
Interactive Services: Some parts of the Services are interactive, and the Company is in no way responsible for the content, information or actions of the User and/or other third parties. You are solely responsible for your interactions and communications with the other Users including any sensitive personal information provided by you to the other Users, and any other parties with whom you interact or communicate with through the Service. You shall not use the Platform except strictly for the purposes specifically laid down in these Terms and Conditions.
- DMCA NOTICE
If you believe that any content on our Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
a. Your physical or electronic signature;
b. Identification of the copyrighted work(s) that you claim to have been infringed;
c. Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
d. Sufficient information to permit us to locate such material;
e. Your address, telephone number, and email address;
f. A statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the
The Copyright Agent to receive DMCA Takedown Notices is Shalesh Jagal, firstname.lastname@example.org at 108 W, 13th street suite 100, Wilmington, New Castle, DE, 19801, United States . You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by the Company in connection with the written notification and allegation of copyright infringement.
The User agrees to keep all technical and non-technical information, which Company may have acquired before or after the date of this Terms and Conditions in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Terms and Conditions; or exercising its rights or performing its obligations under this Terms and Conditions; or which relates to the contents of this Terms and Conditions (or any agreement or arrangement entered into pursuant to this Terms and Conditions), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Company confidential or any other information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Company; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Terms and Conditions; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
- RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE PLATFORM
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by applicable laws.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
- SUSPENSION AND TERMINATION
- These Terms of Services are effective unless and until terminated by either you or Company. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
- We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but are not obliged to, give you notice of any interruption of access to the Service.
- We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance.. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
- We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
- In the event of any termination of this Terms and Conditions, the User shall promptly and forthwith make payments accrued or due to Company.
- Upon termination of this Terms and Conditions, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Terms and Conditions and such other provision as specifically identified in this Terms and Conditions, shall survive.
- The Company provides you with multiple automatic and/or customised alerts while providing Services.
- You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
18. CONTACT YOU
- You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Rendering Services
- Obtaining feedback in relation to Platform or our Services;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Any events or initiatives that you may be interested in as part of the community of users
- Resolving any complaints, information, or queries by other Users regarding your critical content.
- You agree to provide your fullest co-operation further to such communication by Company.
- THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
- THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) ANY INFORMATION PROVIDED BY US IN ANY WAY WILL MEET YOUR REQUIREMENTS ; OR (F) THE PLATFORM WILL BE FREE OF GLITCHES; ON YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
- COMPANY DOES NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE PLATFORM/PLATFORM AT ALL TIMES OR LOCATIONS ON THE PLATFORM/PLATFORM OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE PLATFORM/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
- THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Terms and Conditions. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Terms and Conditions more than twelve (12) months after the cause of action arises.
- EXEMPTIONS TO LIMITATION OF LIABILITY
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of information in timely manner;
V. any event beyond Company’s reasonable control.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to you. We suggest that you regularly check these Terms of Services to apprise yourself of any updates. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Services, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- SEVERABILITY AND WAIVER
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If the Party’s performance of its obligations under this Terms and Conditions is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Parties may terminate this Terms and Conditions without incurring any charges.
- RELATIONSHIP BETWEEN THE USER AND COMPANY
Nothing in this Terms and Conditions shall be construed to create any relationship between Company and you other than that of a service provider and user. You do not have the authority to bind Company in any manner whatsoever.
These Terms are personal to you and you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
- PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
The laws of India shall govern all matters arising out of or relating to this Term without giving effect to any conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts of Mumbai for any matter arising out of or relating to this Agreement.
If there is a dispute between us and you, we would like to meet with you and attempt to resolve the dispute. If we cannot resolve the dispute informally, and if you live or are a business in the United States, you and we agree to binding individual arbitration and not to sue in court before a judge or jury.
Binding Arbitration and Class Action Waiver If You Live In (or, if a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
- In this section, “we”, “us” and “our” includes illusto and its affiliates, including Multistream Technologies Pvt. Ltd. And Clippings Inc.
- Disputes Covered- The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your account, advertising, marketing, communications, your purchase transaction, billing, intellectual property rights or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Clippings Inc. ATTN: 108 W, 13th street suite 100, Wilmington, New Castle, DE, 19801, United States. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
- Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Delaware, U.S.A. if you meet the court’s requirements.
- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or in Delaware, USA. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
- Arbitration Fees and Payments. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
- Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see the subsection on Disputes Covered - Everything Except IP, above) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Rejecting Future Arbitration Changes. You may reject any change we make to this section by sending us notice within 30 days of the change by U.S. Mail to the address listed above. If you do, the most recent version of this section before the change you rejected will apply.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.
- ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
- GRIEVANCE REDRESSAL OFFICER
In furtherance of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Shalesh Jagal
Email ID: email@example.com
Address: 108 W, 13th street suite 100, Wilmington, New Castle, DE, 19801, United States
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company offers an email and in-app-based support system. In case you require any assistance or support, you may access support resources or WhatsApp support or use the “Help Centre” function on the Platform or email at firstname.lastname@example.org . The Company provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.
The details of the grievance officer to which consumer grievances can be redressed are as follows;
Name: Shalesh Jagal
Contact Details: email@example.com
Designation of such officer: Vice President - Engineering
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions regarding the Services or usage of the Platform, please contact Company at firstname.lastname@example.org lease note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
- ADDITIONAL TERMS AND CONDITIONS- GETTY IMAGE/ iSTOCK USERS ON ALL PAID PLANS
- You shall not download any item of content of Getty Images including iStock Essential Royalty-free stills and iStock Essential RF clip bundle (hereinafter collectively referred to as “iStock Content”) on a standalone basis. Any such use of the items of the iStock Content should be within the tools on our Platform to create your content.
- Restricted Uses.
a. No Commercial Use of "Editorial Use Only" Content. You may not use content marked "editorial use only" for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article).
b. No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
c. No Use in Trademark or Logo. Unless you purchase a custom license (not available for Music), you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content.
d. Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say:
"Stock photo. Posed by model." No disclaimer is required for "editorial use only" content that is used in an editorial manner.
e. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
Additional Restrictions for Use of Music:
f. No Music listening experience uses. Music may not be made available as part of a music listening experience, including where Music, on its own or as part of a compilation, is combined with accompanying visual/narrative elements that are of negligible importance (such as images, panning motions or other audio-visual animations)
g. No "Audio Products". You may not use Music to manufacture, distribute or sell any product in any format or media now known or hereafter devised, embodying Music alone or only with other music, including without limitation, compact discs (CDs), cassettes, phonograph records and digital transmissions of any kind.
h. No Separate Use of Titles, Lyrics or use in Themes. You may not use any Music as the theme song for a program or other production or to use the title or lyrics of any Music separately from the Music.
i. No political campaigns. Music may not be used for political campaigns.
j. No Use in Trademark or Logo. You may not incorporate any Music into a logo, trademark or service mark.
- You shall promptly notify us in case of any dispute, or issue to be raised and resolved.
- You agree to defend, indemnify, and hold harmless the Company and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of these additional terms.