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Terms of Service

Last Updated 21.04.2014

I General Terms

§1.
Definitions

For purposes of this Agreement the following terms shall have the following meanings

  1. VIMAZING – internet platform located at www.vimazing.com, which allows creators uploading videos of their authorship and their subsequent restoration by users.
  2. Creator – natural persons that provides videos on VIMAZING.
  3. User – natural person that visits VIMAZING and is not a creator.
  4. Video – File containing audio-visual material in the form of video and / or sound.
  5. Service – service that consists in allowing creators posting in VIMAZING videos that are embedded on other sites and enabling users to play videos mentioned above.
  6. Agreement – this Agreement.

§2.
Legal Basic

The service is provided under the Terms of Service, the Privacy Policy and complies with applicable Polish laws, rules and regulations.

§3.
VIMAZING Owner

All copyright, trademarks and other intellectual property rights in VIMAZING are owned by and are the exclusive property of Mateusz Wykurz running business under the name "Mateusz Wykurz VIMAZING" with its registered office at ul. Przygraniczna 104, 41-203 Sosnowiec, POLAND, VATIN: 6252293157, REGON No (the National Official Register of Business Entities): 240966685

Creators are liable (as envisaged by the law these regulations) for the possible infringement of copyright and other rights associated with storing and distributing video material.

§4.
Agreement

By registering as a member or by using the VIMAZING Service in any way, you accept these Terms of Service.

§5.
Subject to Terms and Conditions

These regulations define the Terms of Use of VIMAZING by Users and Creators.

II Using the Service

§6.
Purpose of VIMAZING

The main purpose of VIMAZING is to enable Creators to present their work to a wide, international audience.

§7.
Due diligence

VIMAZING conducts due diligence in order to provide services at the highest level.

§8.
Registration in VIMAZING

To fully use the VIMAZING Service, a Creator must register as a member by providing all required data and accepting VIMAZING to process personal information. Users also have the possibility to register. Account registration can be made by filling out the registration form or by connecting it with some social networks indicated by VIMAZING.

§9.
Creator’s Obligation

Creator agrees to use the VIMAZING Service only for the purpose of presenting their video content in accordance with the law. Creators represent and warrant for each piece of content that is submitted that they have the right to publish the content to VIMAZING and grant the licenses set forth above, that the content does not infringe any third party\'s rights, including intellectual property rights and privacy rights and that the content complies with this Agreement and all applicable laws.

Creators are liable (as envisaged by the law these regulations) for the possible infringement of copyright and other rights associated with storing and distributing video material.

§10.
Embedding Videos

VIMAZING does not maintain videos on its server. Creator in order to upload the video in VIMAZING must put it on the server first, and then can lawfully post it to VIMAZING. Creators are solely responsible for this process and for the functioning of their videos.

§11.
Detriment of VIMAZING

Users and creators acknowledge and agree that their actions will not subject VIMAZING to the risk of serious and irreparable harm, in particular, will not expose the service to crash or cause adverse legal consequences for the owners of VIMAZING.

§12.
Payment

In addition to offering free VIMAZING memberships, all Creators have the option to purchase access to additional features not available for free VIMAZING offer PRO account. Please see the UPGRADE TO PRO page for current features and pricing which are subject to change.

§13.
Creator’s Copyright

Creator decides while posting videos in VIMAZING, whether to give other users and other creators a license to use the uploaded video. In the absence of such information or lack of clarity, it is assumed that the other creators and users are entitled only to play the video in VIMAZING for personal, non-commercial purposes.

§14.
Streaming Video Use Restrictions

Users and Creators shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any video (to which they do not have sufficient copyright) for any other purposes without the prior written consent of the copyright holder or the respective licensors of the video.

§15.
VIMAZING Advertising

  1. Creators agree to insert advertising on their shared video.
  2. Creators grant to the owner of VIMAZING a royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform their videos in connection with the provision of the Service, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.
  3. The owner of VIMAZING has the right to place on VIMAZING any advertising content subject to the limits of the law.

§16.
Right to Delete Videos from VIMAZING

VIMAZING reserves the right to remove at any time the video due to important reasons, without prior notice to the Creator.

By important reasons is understood in particular: the presence in the video of any element that violates provisions of Polish law, this Agreement or the principles of social coexistence as well as objectively harmful effects of video material on the activities of VIMAZING.

§17.
Force Majeure

VIMAZING shall not be liable for the damage caused by improper operation of the Service or the permanent termination of services caused by force majeure including, in particular by:

  1. Natural disaster.
  2. Technical failure not caused by VIMAZING.
  3. Hacker attack.
  4. Suspension or termination of the activity due to a court or any public administrative body decision.

§18.
Comments

  1. Creator and Users have the right to post comments on videos submitted and uploaded on VIMAZING.
  2. It is possible to post comments only after logging in.
  3. VIMAZING is not responsible for comments posted by Creators or Users.
  4. It is forbidden posting comments that:
    1. Violate Polish law or principles of social coexistence;
    2. may be regarded as advertising;
    3. contain sexually explicit, obscene or vulgar content;
    4. contain hateful, discriminatory, or defamatory content or incites hatred against any individual or group;
    5. Infringe any third party\'s copyrights or other rights.
  5. VIMAZING reserves the right to remove any comment that does not comply with §18, section 4, or any other objectionable content considered by VIMAZING as unnecessary or burdensome.
  6. VIMAZING reserves the right to edit or to censor any comments for any important reason.

III Responsibility

§19.
Responsibility for the Content

Creators understand and agree that they are solely responsible for their own videos and the consequences of posting or publishing it on VIMAZING. It is forbidden to share videos violating Polish law, the Agreement, principles of social coexistence or that are regarded as ads. It is forbidden to upload, post, or transmit any video that is unsuitable for minors (in particular, videos that contain sexually explicit content), in the way that would subject minors or any person, who does not want to, for accidental contact with the mentioned-above videos.

It is required to mark unequivocally all videos for adult audience.

§20.
Liability

If anyone brings a claim against VIMAZING related to actions of Creators or Users, content or information posted by them on VIMAZING, they will hold VIMAZING harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

§21.
Termination

VIMAZING may suspend or disable the access to the Service for any important reason, in particular because of violation of any provision of this Agreement or because of violation of Polish Law.

§22.
Limitation of Liability

VIMAZING is not responsible for damage caused by improper use of the Service by Users or Creators, in particular for damage caused by failure to comply with the provisions of the Agreement.

IV Final Provisions

§23.
Contact

In order to contact VIMAZING or the owner of VIMAZING send an e-mail to: contact@vimazing.com

§24.
Provisions

In the event that the competent court or public authority having jurisdiction in the selected provisions of the Agreement, found them invalid, the remaining provisions shall remain in force.

§25.
Modifications

This Agreement may be modified by VIMAZING. The revised Agreement will be provided to every Creator and User 14 days prior to its entry into force.

§26.
Access to the Agreement

The Agreement is available on the website: Terms of Service, in a format that can be saved to the hard drive or printed.

§27.
Entry into Force

The Agreement will be effective as of the date it is posted on the VIMAZING Site.

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