Terms of Use

1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Iokanan Science SA de CV ("Iokanan") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 These Terms of Use apply to the "Service" and include all of the following:
a. The website www.videorista.com.
b. Our official mobile apps for iOS and Android ("Videorista" and "Videorista Partners").
c. The content, virtual products, consultation, purchases and / or video downloads and transactions, made available or facilitated through any of the above, including the Monetization Service and the electronic wallet.

1.3 These Terms and Conditions of Use govern your use of the Service and your relationship with us in the Service we offer. You agree to these Terms of Use by doing any of the following:
a. Access or use the Service.
b. Create an account as a customer.
c. Click to accept these terms of use.
d. Accept these conditions of use by any other method that specifies the user.
If you violate these Terms of Use, or if you do not agree to these terms of use, your access to the use of the services offered by Videorista will be prohibited.

2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

2.1 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Videorista Content"), as well as the selection and arrangement of the Videorista Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Videorista Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Videorista, Videorista does not grant any express or implied permission to use the Site or any Videorista Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Videorista Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Videorista Content.
2.2 Unless you enter into a license agreement with Videorista you may not download, distribute, display and/or copy any Videorista Content.
2.3 You may not remove any watermarks or copyright notices contained in the Videorista Content.
2.4 Videorista regularly makes changes to the service, including the stock video content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Videorista content.
2.5 Some Videorista content is available for download and use on certain supported devices using our official app (“Videorista”). Limitations apply, including restrictions based on subscriptions and free trials.
2.6 The Videorista software is developed by, or for, Videorista and is designed to enable viewing of Videorista content and replacing a green screen background for any Videorista content through Videorista ready devices. The Videorista software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Videorista and related third-party software.

3. VIDEORISTA PRODUCER SUBSCRIPTION

3.1 The Videorista Producer Subscription unlocks all the App features and limitations.

You will be able to download all Videorista products (virtual sets and stock video backgrounds) directly to your App Downloads section with your mobile device and use them with Videorista's Green Screen Removal feature.

3.2 To use the Videorista service you must have Internet access and a Videorista ready device, and provide a current, valid, accepted method of payment.
3.3 You can find specific details regarding your Videorista Producer Subscription and information about how to use your virtual downloaded products by visiting our website and clicking on the "Videorista Producer Subscription" link available at the bottom of the pages of the Videorista website under the "My Account" footer menu.

Subscription Duration and Price

3.4 The length of your Producer Subscription period is 1 month. During this period, you will have full unlimited access to all Virtual Sets and Stock Video backgrounds for $4.99 US dollars during 1 month.

Auto-Renew and Cancellation

3.5 Your Producer Subscription will automatically renew month-to-month unless auto-renew is turned off at least 24-hours before the end of the current period.
3.6 Your account will be charged for renewal within 24-hours prior to the end of the current period, andidentify the cost of the renewal.
3.7 You may manage your Producer Subscription and turn off the auto-renewal of your Producer Subscription by going to your device Account Settings after purchase.

Free Trials

3.8 Your Videorista Producer Subscription may start with a free trial. The free trial period of your Producer Subscription lasts for 14 Days, or as otherwise specified during sign-up and is intended to allow new users and certain customers to try the service, download stock video backgrounds, virtual sets and use them with the camera inside the "Videorista" App.
3.9 Free trial eligibility is determined by Videorista at its sole discretion and we may limit eligibility to prevent free trial abuse. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a Videorista Producer Subscription.
3.10 We will charge your Payment Method for your monthly subscription fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

Payment Methods

3.11 Payment will be charged to your iTunes Account at confirmation of purchase.

Changes to the Price and Service Plans

3.12 We may change our service plans and the price of our service from time to time; however, any price changes will be prompted to your review to which you may choose to agree to the new price, otherwise the auto-renewal feature will be disabled.

4. INFORMATION YOU PROVIDE

4.1 Videorista (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Videorista subject to your agreement with the applicable third-party platform. Videorista's collection and use of all such information shall at all times conform to this Terms of Use, the Videorista Privacy Policy, and applicable law.

4.2 Videorista will use and protect your personal information, such as your name and address, in accordance with the Videorista Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

5. YOUR CONTENT

5.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Videorista will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2 By uploading Your Content, you grant Videorista a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • Violates any law, statute, or regulation.

5.4 You may not use any Videorista Content for any purpose without first obtaining a license to use such Videorista Content. Any use of Videorista Content by you shall be governed by the applicable license agreement separately entered into between you and Videorista. Displaying and/or distributing to the public any watermarked or unlicensed Videorista Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

6. INFRINGEMENT CLAIMS / DMCA NOTICES

6.1 If you believe that any Image or other material made available by Videorista infringes upon any copyright that you own or control, you may notify Videorista in the manner set forth in our DMCA Copyright Infringement Notice Policy.

7. LIMITATIONS

7.1 You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Videorista or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • Violate the rights of Videorista or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

8. RESTRICTION AND TERMINATION OF USE

8.1 Videorista may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Videorista Content at any time in Videorista's discretion, without prior notice or liability to you. Any conduct by you that, in Videorista's sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

9. LINKS TO THIRD PARTY SITES

9.1 In the event that the Site is available through any third-party platform, or if Videorista provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Videorista makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Videorista, and Videorista provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Videorista.

10. WARRANTIES AND DISCLAIMERS

10.1 Your use of the Site is at your own risk. The Site is provided by Videorista under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Videorista expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Videorista makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Videorista makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Videorista will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

11. INDEMNIFICATION

11.1 You agree to defend, indemnify and hold harmless Videorista, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Videorista Content, or your violation of any rights of another.

12. MISCELLANOUS

12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Videorista shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Videorista, such action is necessary or desirable.

12.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

12.3 In the event of any conflict between these Terms of Use and any license agreement you enter with Videorista, the terms of such license agreement shall control.

12.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

Last Updated: 09 May 2017