You must accept these Terms of Service before using the Site. If you do not agree to the Terms of Service, please cease to use the Site.
WeEDIT does not accept registration from persons under the age of 13, in compliance with the Children’s Online Privacy Protection Act of 1998. By registering on the Site, you are warranting that you are at least 13 years of age or a parent or legal guardian to a person under the age of 13.
Upon registration with our Site, you set up an individual account and become a member. In order to register, you will be asked to select a username and password. The password and username are for your individual use only, and should not be shared with any other person. You may not select a username that is already in use by someone else, or one that is offensive or otherwise in violation of these Terms of Service. You agree to keep your password confidential at all times. WeEDIT will not ask you for your password. If you forget your password, you may request to have a new password be sent to your registered e-mail address. WeEDIT reserves the right to refuse to allow a person to open an account and may limit the number of accounts per user at its discretion. If you violate these Terms of Service, your account may be subject to termination.
You are fully and solely responsible for unauthorized use of your WeEDIT account or password. WeEDIT will not be liable for any losses or damages that arise due to unauthorized use of your account and you agree to indemnify WeEDIT from any unauthorized use of your account or password, unless you have immediately informed us at info@WeEDIT.com // of the use and have asked us to block the account. We cannot guarantee that we can prevent any improper use of our Services.
“User Content” includes any video, audio, or other material that you transmit for the purposes of creating a video. By transmitting your User Content, you are granting WeEDIT a worldwide, non-exclusive, and royalty-free license to use, edit, copy, modify, display, adapt, record, and reproduce User Content in order to provide the Services described herein. You are fully responsible for the accuracy, integrity, reliability and quality of the User Content that you choose to provide to us. By submitting User Content, you also represent and warrant that you are not infringing upon any third party’s intellectual property rights and that the User Content is in compliance with any applicable law. WeEDIT uses human editors and will screen User Content for any offensive content or content in violation of these Terms and Services. If we find any User Content or an account in violation of these Terms of Service, we reserve the right to delete the account or content at our sole discretion.
WeEDIT may retain any material submitted by users and make internal use of the material for testing purposes. We may also use the User Content for purposes of promotion and marketing.
If you would like us to remove your User Content, please e-mail us at info@WeEDIT.com.
User Conduct and Account Termination
You agree that you are responsible for all User Content that you submit on our Site and will not upload, share, or distribute any material that:
- Is offensive, unlawful, threatening, abusive, defamatory, libelous, fraudulent, deceptive, invasive of another person’s privacy, or violates another’s legal rights;
- Promotes hate, violence or an entity devoted to such causes;
- Is insensitive toward race, ethnicity, religion, age, disability, or sexual orientation;
- Is pornography, contains graphic accounts of sexual acts, or is in any way in violation of child pornography laws;
- Contains a virus, worm, Trojan horse, or any other harmful files or programs designed to damage or disrupt the functioning of any software, or to obtain unauthorized access to any data or information of a third party;
- Infringes on any third party’s intellectual property rights or any other proprietary rights, or trade secrets;
- Constitutes unauthorized solicitations of goods or services, advertising, or other promotional material;
- Restricts the use of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
- Is stolen, pirated, illegal, unauthorized, or without all necessary permits, licenses and registrations.
We do not endorse any materials submitted to our Site and disclaim any liability in connection with the materials. We may, at our sole discretion, remove any User Content that we believe does not comply with these Terms of Service, or is otherwise objectionable. You hereby consent to such removal and waive any claim against us pursuant to such removal. We reserve the right to investigate any suspected violations, as well as cooperate with law enforcement officials in investigating any alleged criminal violations, including by disclosing the identity of any person believed to be in violations of these Terms of Service.
If you would like to notify us of any objectionable User Content, please e-mail us at info@WeEDIT.com with the URL to the content and a reason why you believe it is objectionable. We are, however, not responsible for any delay or failure to remove objectionable content. You hereby waive all rights, claims, and legal actions against us for exposure to objectionable content.
You agree that WeEDIT may, without notice and without reimbursement, terminate your account and remove any User Content that is associated with your account if we find that you: (a) are in violation of these Terms of Service, (b) have exhibited harassing or abusive behavior, or behavior harmful to other users, third parties, or to WeEDIT, (c) are a continuous infringer of intellectual property rights of third parties. You may also request to terminate your account at any time, by sending us an e-mail at info@WeEDIT.com // .
Upon termination of your account, your right to use the Services and your access to your account immediately ceases, and you agree that we may immediately delete your account and all files on and connected with the account. We shall not be liable to you or a third party for any claims or damages pursuant to the termination and other actions taken in connection with the termination.
The following sections of these Terms of Service shall survive termination: User Conduct and Account Termination, Intellectual Property, Warranties, Limitation of Liability, Indemnification, Governing Law.
WeEDIT is the owner and retains all proprietary rights to the Sites, Services provided by the Site, and any associated copyrights, trademarks, service marks, patents, or other proprietary rights contained therein. You are permitted to use the Site in a manner authorized by us.
You may not use WeEDIT trademarks or service marks in connection with any product or service not provided by us, or in a manner that may cause confusion, dilution, or tarnish the image of the mark. You may also not remove any WeEDIT trademarks or service marks from the final video and removing such marks will constitute a breach of these Terms of Service.
In creating a video on WeEDIT, you are able to use your own image, video, and audio content. Image, video and audio content may have intellectual property rights associated with them. When uploading an image or video that you are not the creator of, you must obtain the creator or copyright holder’s permission or license to use the content in a WeEDIT video. You may not upload an image or video segment that is confidential or proprietary. We assume no liability for the uploading of copyrighted or confidential information onto our Site. You warrant that the image and video content uploaded by you is created or owned by you, or that you have obtained the necessary licenses, rights, and permissions to use the content as described herein.
Music content also is protected under copyright laws. It is against the law to copy music without purchasing it or obtaining the rights to the music. Make sure that you are uploading music that you have purchased or are permitted to upload in order to create a WeEDIT video. You may choose to search for music content through Youtube’s Audio Library, available at https://www.youtube.com/audiolibrary/music. You warrant that the image content uploaded by you is created or owned by you, or you have obtained the necessary licenses, rights, and permissions to use the content as described herein.
You hereby grant WeEDIT a non-exclusive, worldwide, transferable, royalty-free, fully paid-up, perpetual license to use, copy, modify, create derivative works, display, and host your WeEDIT video, image and music content for the purposes of providing our Services to you.
WeEDIT allows you to download, post, forward, modify, or share your WeEDIT video. You agree that you will observe all applicable laws, regulations and rules of third party websites and services, as well as our Terms of Service when forwarding or posting the video. You may not post your WeEDIT video onto any third party website that violates these Terms of Service. You accept full liability for the WeEDIT video that you modify, forward or post, including any third party intellectual property rights. You shall fully indemnify WeEDIT for any breach of terms set forth in this paragraph.
Users may not post content that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Site. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), WeEDIT designates the following individual to receive any notifications of an alleged infringement:
Videdeo LLC info@WeEDIT.com
Attn: Copyright Agent
An effective notification should include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WeEDIT to locate the material;
- Information reasonably sufficient to permit WeEDIT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which WeEDIT may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
WeEDIT is responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to our Services or to a WeEDIT video.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR USE OF WEEDIT IS AT YOUR SOLE RISK AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITATION TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEEDIT DOES NOT WARRANT THAT (A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, AND ERROR-FREE, (C) DEFECTS IN THE SITE WILL BE CORRECTED, (D) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THE RESULTS OBTAINED FROM THE SERVICES WILL BE EFFECTIVE AND RELIABLE, AND THEIR QUALITY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE PHONE OR OTHER DEVICE, OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.
Limitation of Liability
In no event shall WeEDIT be liable to you or any third party for damages of any kind, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to Services or videos. WeEDIT shall also not be liable for any loss or damage to your image, video, or audio User Content. In any case, WeEDIT’s liability for any claims arising out of this Site or the Services shall be limited to the amount you paid WeEDIT for the use of any products or services available through the WeEDIT Site.
If you have not made any payments to WeEDIT for the use of the services described herein, WeEDIT shall have no liability to you whatsoever, with the exception of death or personal injury caused by negligence of WeEDIT to the extent applicable law prohibits the limitation of damages in such cases.
You agree to indemnify and hold WeEDIT and its respective employees, directors, officers, and agents harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees, arising directly or indirectly out of (a) your misuse of the Site and Services within; (b) viewing your User Content or video; (c) your violation of the laws, rules, regulations, or your breach of these Terms of Service; (d) your infringement of any intellectual property or other rights of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site shall be in compliance with all applicable laws and regulations.
All matters relating to these Terms of Service, the use of the Site and Services provided through the Site shall be governed by the laws of the state of California, USA, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. Any action brought in connection with these Terms of Service or Services shall be brought exclusively in the state and federal courts located in San Francisco, CA.
All notices to WeEDIT shall be made either in writing by e-mail to Customer Service at info@WeEDIT.com or by regular mail to P.O. Box 31281, SAN FRANCISCO CA 94131. Notices to you will be send to your registered e-mail address. Additionally, we may post notices onto the Site to inform you of changes to the Site or other important matters, and such broadcasts shall amount to an effective notice to you.
Any failure by us to enforce provisions of these Terms of Services does not constitute a waiver of that provision. If a provision of these Terms of Service is found to be unlawful, null or void, this does not preclude the remaining provisions from being valid and enforceable.