Viddyad – Terms and Conditions 2016

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Viddyad’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Viddyad’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Dogpatch Labs, CHQ Building, IFSC, Ireland. The term ‘you’ refers to the user or viewer of our website.


The use of this website is subject to the following terms of use

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. To that end, we supply you with unlimited previews of your videos. Please purchase videos when you are 100% happy with your preview as once we purchase and render these videos, we incur the cost of production. We do not therefore provide refunds nor are we set up to do refunds for text typo’s. Of course if there is anything that is incorrect due to our system error we will happily fix this immediately.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Rep. of Ireland.

You agree not to remove any metadata in licensed material.  You agree to terms and conditions that require you to use licensed material solely in a manner consistent with the rights and restrictions in this agreement, and have the effect that:

  • Licensed material may only be used in works created via this website, for display solely in digital form.   
  • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of licensed material.
  • Licensed material may not be used:
    • on a stand-alone basis with no other content;
    • for pornographic, defamatory or other unlawful purposes;
    • in electronic templates used to create electronic or printed products;
    • in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
    • for the purpose of enabling file-sharing of the image file; or
    • in logos, trademarks, services marks or any other branding or identifiers.
  • If licensed material featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
  • You may not activate the “right-click” function in licensed material, remove any metadata in licensed material, or reverse engineer, decompile, or disassemble the Viddyad website to enable the download or use licensed material on a stand-alone basis.
  • No ownership or copyrights to licensed material are granted to users of the website.

In the event of any misuse by you which Viddyad identifies or which any of our third party stock providers identifies and notifies to us, Viddyad will enforce its terms of service in accordance with its standard practices and policies and, without prejudice to any other rights or remedies that Viddyad may have under this agreement at law or in equity, Viddyad will investigate and address such misuse, whether by shutting down such offending user’s access and/or as may otherwise be appropriate in the given circumstance.


Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by Viddyad.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.


Through this website you are able to link to other websites which are not under the control of viddyad.com.  We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the website up and running smoothly. However, viddyad.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.


Privacy

Any information that you provide to Viddyad is subject to our Privacy Policy

Copyright notice

This website and its content is the copyright of Viddyad, 2016. All rights reserved.

The redistribution and reproduction of part or all of the content in any form is prohibited.

You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit or store it on any other website or other type of electronic retrieval system.

 

Content

In using this website, you may add content, in the form of text, images, video or audio, subject to the following conditions:

 

  • You accept full responsibility for this content and any consequences that arise from using or editing this content and from publishing it online or offline.
  • You affirm that you have the required rights, licenses, consents and permissions required to enable you to use the content on our website, to edit it and to distribute it.
  • You agree that any content you use on the site does not contain any unlawful or illegal material, in your own country or in any country where the content would be distributed.
  • You agree that the content you use on our site contains no material copyrighted by a third party or material subject to other third party proprietary rights, unless you have formal permission or license from the owner, or are otherwise legally entitled to use that material.
  • You agree that all content uploaded complies fully with our rules of conduct.
  • You understand that Viddyad reviews all content used on Viddyad.com, including your uploaded user content to ensure our rules of conduct and terms of use are adhered to by users at all times.
  • You understand that Viddyad reserves the right to remove any content that violates these rules at any time, without prior notice.
  • You agree that Viddyad reserves the right to remove any and/or all content belonging to a user whose account has been inactive for more than 12 months and that this can be done without prior notice.
  • You agree not to download any content which you are explicitly forbidden to download.

Similarly, you agree not to use or upload any content you don’t have permission to use or upload, especially any non-free video ads that normally require a purchase (whether watermarked or not).

The Viddyad watermark, logo and any other branding included as part of a preview video does not constitute an endorsement from Viddyad and Viddyad accepts no liability for the content of these videos.

 

Conduct

In addition to all other rules, by using this website, you further agree to abide by the following rules of conduct.

You may not use this website to create or distribute any material that:

  • is illegal, unlawful, or violates the rights of any other person.
  • is offensive, abusive, threatening, defamatory or libellous.
  • is dishonest, deceptive, fraudulent or misleading.
  • victimises any person or minority group.
  • features graphic violence or explicit sexual content.

You understand that violation of these terms may result in the removal of any offending content and/or the disabling of your account without prior notice.



Refer a friend

Viddyad’s Refer a Friend program is a promotional activity through which you may earn a Viddyad discount or bonus credits by getting a new user, you refer, to sign up with and purchase a Viddyad or a Viddyad subscription with a valid email address to the Viddyad.com website.

In order to be eligible to earn a Viddyad discount or bonus credits through the Refer a Friend program, your referred friends or colleagues who are not current Viddyad users and who have never signed up to Viddyad.com, must sign up and purchase a viddyad within 30 days. Your discount code will then be sent to you immediately via email which you can then apply to your next purchase.

Viddyad may provide various tools to help you disseminate your personal referral link. You may also share your referral link via email and social media. Please note that whenever you decide to share your referral link, you must tell your friends that you are eligible to receive a Viddyad discount if they sign up with the site. Failure to disclose this information is a violation of this agreement and Viddyad may terminate you immediately from the Refer a Friend program, disqualify you from participating in the Refer a Friend program in the future, and cause the forfeiture of any referral discounts in your account.

Viddyad reserves the right to at any time modify or discontinue the Refer a Friend program (or any part thereof) either temporarily or permanently, with or without notice. Viddyad will not be liable to you in the event of any modification, suspension or discontinuance of the Refer a Friend program.


Plans, Fees and Subscriptions

Viddyad offers you the option of subscribing to different plans with your Viddyad account. These plans offer different functionality or quotas for using different aspects of VIddyad.com and related services.

Free Plan

Viddyad may offer a free standard plan, which requires no payment but may have restricted functionality or other limitations. By using the free plan you may create and share preview videos on Viddyad.com. Preview videos are created with lower resolution than final vidoes and may be watermarked or have a sting/bumper message for Viddyad.com included. Users on the free plan may have restricted functionality and may not download preview videos or remove watermarks or other messages using third party software or by any other means. Free plans do not include permission to resell any content created or purchased on Viddyad.com

Free accounts may have their functionality altered or may be terminated at any time without notice. Saved videos or uploaded media for users on free accounts may also be deleted if the user account has remained inactive for a period of 90 days.

Paid plans

Viddyad may offer paid subscription plans which include greater functionality and quotas than the free plan. You may subscribe to these plans by paying monthly or annual fees by credit or other digital transaction systems.

Paid plans will allow you to create preview videos in the same manner as the free plan, but with greater functionality, more features and different quotas which may include video upgrades and a wider content selection. Extra charges may still apply to premium stock image and video content and download functionality. Paid plans do not include permisision to resell any content created or purchased via Viddyad.com unless explicity stated.

Viddyad may change fees and functionality associated with paid plans for the next subscription period. Should there be a change to fees or a significant change in functionality, you will be informed in advance via email. In event that agreed payments are not made or a subscription is cancelled, functionality may be reduced and content generated using paid plan functionality may become unavailable until such as the subscription is renewed.

Reseller plans

You may subscribe to the Viddyad Reseller plans if you intend to resell Viddyad.com videos to others. The reseller account will operate in a similar manner to the standard paid plans but may include additional functionality to help share and sell videos online. Users may only resell with Viddyad videos if they are subscribed to a reseller plan, or have an equivalent agreement in place with Viddyad. Viddyad reserves the right to restrict access to reseller plans. Reseller plans are subject to Viddyad’s Reseller terms and conditions.

Pay & GO / Free plan videos

You may choose to upgrade a single video without subscribing to Viddyad. In this instance, a one-time fee is paid for each video, with no further automated billing setup. Videos purchased in this manner are not eligible for resale unless previously agreed with Viddyad.

Videos purchased using the Pay & Go model or on the free plan model may be subjected to restricted functionality following a period of 90 days after purchase. Functionality that may be restricted after this time includes, but is not limited to:

  • Downloading
  • sharing
  • export options
  • hosting.

After this period, functionality may be restored and maintained by subscribing to a paid plan at Viddyad.com.

 

Monthly/annual subscriptions and recurring payments

Subscription plans may be changed on a monthly or annual basis. On subscribing you will be charged immediately the monthly or annual value of the plan as per duration selected and your card or other payment method will be billed automatically each month or year, depending on the type of subscription you have chosen. Price plan fees may vary based on regional taxes, promotional events or other circumstances.

If we are unable to renew your subscription and/or update your payment method for the plan renewal fee, Viddyad may suspend your account until such time as the outstanding fees are paid. If the outstanding amount is not paid within 14 days of its due date, your account may be downgraded and any functionality available or content generated using higher account privileges may be restricted or deleted.

You may cancel subscription at any point using the account page on Viddyad. Cancelling a subscription will downgrade your account to the free pr equivalent plan on Viddyad once the current paid plan period ends. Viddyad will not refund any partial periods or for any functionality or content not used while you were subscribed to the paid plan. Once your account has been downgraded, any functionality available or content generated using paid plan privileges may be restricted. Content generated using these privileges may be deleted after a period of 90 days elapses without renewal.

 

Premium content and Features

You may have the option of paying additional fees to purchase premium content as part of a video. This may include stock images and videos from third party partners. This content is purchased right-cleared as part of a video. The premium content here is included only as part of the video and there is no facility or entitlement for you to obtain these files individually or separate to the purchased video. The fees applied to this content only relate to the specific video produced and re-using the content in a new video may incur the same fees, unless stated otherwise.