TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website.

 

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  Reel Video Marketing 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 Reel Video Marketing may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Reel Video Marketing to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

1.3 We can make changes to the terms of use. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.

2. INTELLECTUAL PROPERTY LIMITED LICENSE TO USERS

2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “Reel Video Marketing Content"), as well as the selection and arrangement of the Reel Video Marketing, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Reel Video Marketing Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Reel Video Marketing, Reel Video Marketing does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Reel Video Marketing 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, sub-license or reverse engineer the Site or any Reel Video Marketing 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 Reel Video Marketing Content.

2.2 Unless you enter into a license agreement with Reel Video Marketing you may not download, distribute, display and/or copy any Reel Video Marketing Content

2.3 You may not remove any watermarks or copyright notices contained in the Reel Video Marketing Content unless given access or have White label license.

3. REEL VIDEO MARKETING TRADEMARKS

3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Reel Video Marketing.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Reel Video Marketing Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use Reel Video Marketing Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Reel Video Marketing.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Reel Video Marketing Trademarks or the Trademark rights claimed by Reel Video Marketing.

3.5 You agree that you will not use any Reel Video Marketing Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta-tag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without Reel Video Marketing prior written consent any word or mark which is similar to or likely to be confused with Reel Video Marketing Trademarks.

3.7 The look and feel of the Reel Video Marketing website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Reel Video Marketing and may not be copied, imitated or used, in whole or in part, without the prior written consent of Reel Video Marketing.

3.8 All other trademarks, product names, and company names or logos used or appearing on the Reel Video Marketing website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Reel Video Marketing, unless expressly so stated.

3.9 You may not use a Reel Video Marketing trademark, logo, Image or other proprietary graphic of Reel Video Marketing to link to the Reel Video Marketing website without the prior written consent of Reel Video Marketing.

3.10 You may not frame or hotlink to the Reel Video Marketing website or any Image without the prior written consent of Reel Video Marketing.

3.11 It is in agreement as well that the rendered mockup should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.

4. SITE SERVICES

4.1 Various services are made available to you, pursuant to your use of the Site and Reel Video Marketing Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Reel Video Marketing, and the law, you may access and use the Site Services. Reel Video Marketing remains the sole owner of all rights, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use.  Reel Video Marketing may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Reel Video Marketing sole discretion.  Reel Video Marketing provides the Site Services on an "as is" and "as available" basis.  Reel Video Marketing (or third parties acting on its behalf) may collect data related to your use of the Site Services

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

5. USE OF SERVICES

5.1 Responsibilities of Reel Video Marketing.  Reel Video Marketing shall: (i) provide the video, digital, graphics, and website design services only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software or written content or any other files, or any other information supplied by you or your Users, but excluding any  Reel Video Marketing Applications, templates, sample or demonstration content or files utilized or provided by  Reel Video Marketing as part of the video, digital, graphics, and website design services; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based video, digital, graphics, and website design services in the event of unavailability due to a failure in the video, digital, graphics, and website design services, provided that Reel Video Marketing shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact Reel Video Marketing through Reel Video Marketing to receive basic support for the purchased video, digital, graphics, and website design services at no additional charge and/or upgraded support if made available by Reel Video Marketing and purchased by you separately by way of a written agreement between  Reel Video Marketing and you.

You acknowledge and agree that there may be interruptions in your use of the video, digital, graphics, and website design services including, without limitation, (a) planned downtime (of which  Reel Video Marketing shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond  Reel Video Marketing reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving  Reel Video Marketing employees), Internet service provider failures or delays, or any failures, delays or downtime caused by  Reel Video Marketing vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications. Reel

Video Marketing shall have no liability for any such interruptions from any cause whatsoever.

5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the video, digital, graphics, and website design services comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the video, digital, graphics, and website design services and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third-Party Application you run using the Reel Video Marketing Applications. You understand and agree that Reel Video Marketing may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display.

5.3 Hosting of Reel Video Marketing Applications.  Reel Video Marketing will host Reel Video Marketing Applications (except for off-line components or applications) and may update the functionality and user interface of the video, digital, graphics, and website design services from time to time, in its sole discretion, in an effort to continue to improve the video, digital, graphics, and website design services and your use of the video, digital, graphics, and website design services. Certain Reel Video Marketing Applications or portions of the video, digital, graphics, and website design services may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.

6. YOUR CONTENT

6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii)  Reel Video Marketing 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.

6.2 By uploading Your Content, you grant Reel Video Marketing 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 Services 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.


6.3 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.

 

7. INFRINGEMENT CLAIMS / DMCA NOTICES

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

8. LIMITATIONS

8.1 You agree that you shall not:

- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Reel Video Marketing 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 Reel Video Marketing or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

9. RESTRICTION AND TERMINATION OF USE

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

10. LINKS TO THIRD PARTY SITES

10.1 In the event that  Reel Video Marketing provides links from its website to any third-party website or permits any third party to link from its website to the  Reel Video Marketing website, you should be aware that  Reel Video Marketing makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of  Reel Video Marketing, and  Reel Video Marketing 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  Reel Video Marketing.

 

11. WARRANTIES AND DISCLAIMERS

11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Reel Video Marketing under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise.  Reel Video Marketing expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, 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,  Reel Video Marketing 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.  Reel Video Marketing makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that  Reel Video Marketing will continue to support any particular feature of the Site Services. 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 Services, and no warranties shall apply after such period.

 

12. PERSONAL INFORMATION AND PRIVACY

12.1  Reel Video Marketing will use and protect your data, such as your name and address, in accordance with the  Reel Video Marketing Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

 

13. INDEMNIFICATION

13.1 You agree to defend, indemnify and hold harmless  Reel Video Marketing, 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, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the  Reel Video Marketing Content, or your violation of any rights of another.

 

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms of Use are governed by and shall be construed in accordance with the laws of the United States of America. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located the United States of America and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. 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.