The
following key points of this User Agreement are only brought for Your
convenience.
These key points do not substitute the full User Agreement.
Introduction. ‘GIF Makerʼ provides a mobile
platform that enables users to create, produce and share GIFs & short visual
videos.
ANY GIF/VIDEO IN THE APP IS STORED LOCALLY ON YOUR DEVICE. WE DO NOT
HAVE ANY ACCESS TO YOUR DATA, EXCEPT IN CASE YOU CHOOSE TO SHARE VIDEOS TO
FACEBOOK OR OTHERWISE VIA URL.
The Service is owned and operated by Brain Craft
Limited.
Acceptable use. The Terms define the acceptable
use of the Service and the actions You should avoid while using the Service. For
example, when sharing GIFs/Videos through the service, you must refrain from
infringing or violating intellectual property rights of other parties, including
copyrights, patents, trade secrets and trademarks.
Age restriction. The Service is intended and
permitted for use only by individuals 17+ years of age or older.
Registration. The App is available without
registration.
Privacy. We respect Your privacy, as further
explained in our Privacy Policy.
Intellectual property. All rights, title and
interest in and to the Service, including all intellectual property rights, are
owned by – or licensed to us. When You share GIFs/Videos through the App, You
represent and warrant that You are the rightful owner of all rights to such Videos
or lawfully licensed by all the rightful owners to share such Videos through the
Service.
Availability. The Company does not warrant or
guarantee that the Service will operate without disruption, errors or
interruptions, or that it will be accessible, or available at all times, or immune
from unauthorized access.
Disclaimer of warranty. The Service is provided
for use as is. We disclaim all warranties and representations, either express or
implied, with respect to the Service.
Limitation of liability. The liability of the
Company, including anyone on its behalf, is limited with respect to any damage or
loss, arising from, or in connection with the use of, or the inability to use the
Service.
Law & jurisdiction. Use of the Service is
governed by the laws of the State of Israel. Most disputes between us will be
decided in arbitration. You can opt-out of arbitration under the terms outlined
below, in which case disputes will be decided in court.
In Details:
‘GIF Makerʼ, a mobile platform that enables users to create, produce and share GIF
& short visual videos (the “GIF” “Videos” and the “Service”).
The Service is owned and operated by Brain Craft Limited. ("we", "us" and "our").
It is available through our designated mobile application (the “App”). Please
carefully read the following User Agreement (the “Terms”). By downloading the App,
by using or accessing the Service, You agree to be bound by the Terms and You
signify that You have read and understood them. If You do not agree with the
Terms, You may not use the Service in any way.
Use of the Service may be subject to additional terms and policies, such as the
terms governing the use of Apple devices or Appleʼs “App Store”. You bear the sole
and exclusive responsibility for complying with any such additionally applicable
terms and policies.
Premium Services
We will provide Premium Services to
our users; prior to the purchase
process of GIF MAKER Premium Subscription. The user has the right to cancel the
premium services.
Cancellation of the service
No cancellation of the current subscription is allowed during the active
subscription period. Subscriptions may be managed by the user and auto-renewal may
be turned off by going to the user's Account Settings after purchase. Any unused
portion of a free trial period will be forfeited when the user purchases a
subscription.
Our Service provides a mobile platform enabling any user of the Service (“You”) to
create, produce or share short and original GIFs & visual videos (the “GIF”
“Video”). Once choosing a video or image, You will be able to edit the video and
add text & visual effects. You also may share the GIF or Video with your
friends on the various social networks we support. When sharing to Facebook or
otherwise via URL, we are required to save Your GIF or Video in our systems in
order to provide you with the "share" feature.
WHAT ELSE SHOULD YOU KNOW?
You can only
use Your own original and legal content in the Video. You canʼt use copyright
protected images, videos, and any other content which You donʼt own all the rights
to.
You bear all
costs associated with the creation or production of Your GIF or Videos.
REGISTRATION
Use of the App does not
require any registration.
ACCEPTABLE USE OF THE SERVICE
You
may access and use the Service and use content and features provided through the
Service.
using the Service, You agree to refrain from -
Breaching these
Terms or any other applicable rules and instructions that we may convey with
respect to the Service;
Interfering
with, burdening or disrupting the functionality of the Service;
Breaching the
security of the App or Website or publicly identifying any security
vulnerabilities in it;
Circumventing
or manipulating the operation or functionality of the Service, or attempting to
enable features or functionalities that are otherwise disabled, inaccessible or
undocumented in the Service;
Sending
automated or machine generated queries;
Using robots,
crawlers and similar applications to collect and compile content from the Service
or send data to the Service including for the purposes of competing with the
Service, or in such ways that may impair or disrupt the Serviceʼs functionality;
Displaying or
embedding content from the Service, including by any software, feature, gadget or
communication protocol, which alters the content or its design;
Impersonating
any person or entity in a manner that violates any third party rights;
Collecting,
harvesting, obtaining or processing personal information regarding the Serviceʼs
users, without their prior explicit consent;
Abusing,
harassing, threatening or intimidating other users of the Service;
Linking to the
Service from web pages or applications that contain pornographic content or
content that encourages racism or wrongful discrimination;
Engaging in any
activity that constitutes a criminal offense or gives rise to civil liability;
Violating any
applicable law;
Sending,
uploading to or making available within the Service Content which may be
considered as Violation of this terms
Infringing or
violating intellectual property rights of other parties, including copyrights,
patents, trade secrets and trademarks;
Identifying
minors, their personal details or their address and ways to contact them;
Software
viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other
malicious applications;
Constituting a
violation of a person's right to privacy or right of publicity;
Threatening,
abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially,
ethnically or otherwise objectionable;
Unsolicited
commercial communications ('spam'), chain letters, or pyramid schemes.
Otherwise
prohibited by any applicable law.
If You receive or being aware of any content through the Service that
violates
these Terms, please let us know by contacting us at:
braincraftltd.info@gmail.com We will review every request and take action as
necessary.
The Company may, but is under no duty to, review content
(including any GIF/ Video) that was shared through the App, and remove, block
access or use of such content, or refuse to share it through the Service, for any
reason that the Company may consider to be justified at its sole
discretion.
WE MAY EMPLOY TECHNOLOGICAL
MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY
BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR
SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR
ABUSIVELY.
AGE RESTRICTION
If You are under the legal
age of maturity in Your jurisdiction (normally 17+ years), then You must obtain
permission from Your parent or legal guardian to accept these Terms. By using the
Service, You declare to us that You have obtained it. If You are under the age of
17+ You may not use the Service in any way.
PRIVACY
We respect Your privacy. Our
Privacy Policy, which is incorporated to these Terms by reference, explains the
privacy practices on the Service.
INTELLECTUAL PROPERTY
All rights, title
and interest in and to the Service, including, without limitation, patents,
copyrights, trademarks, trade names, service marks, trade secrets and other
intellectual property rights, and any goodwill associated therewith, are owned by,
or licensed to us.
Unless otherwise expressly permitted in the Terms, You
may not copy, distribute, display or perform publicly, sublicense, decompile,
disassemble, reduce to human-readable form, execute publicly, make available to
the public, adapt, make commercial use, process, compile, translate, sell, lend,
rent, reverse engineer, combine with other software, modify or create derivative
works of any of the content on the Service, which is subject to intellectual
property rights or other proprietary rights, either by Yourself or by a third
party on Your behalf, in any way or by any means, including, but not limited to
electronic, mechanical or optical means, without prior written authorization from
the Company.
You may not adapt or use otherwise any name, mark or logo that
is identical, or confusingly similar to the trademarks, services marks and logos
of the Company. You must refrain from any action or omission which may dilute, or
tarnish our goodwill.
CHANGES
We may, at any time and without prior
notice change the layout, design, scope, features or availability of the
Service.
We may revise these Terms, in whole or in part, at any time by putting You on
notice of the amended Terms. Your continued use of the Service after the effective
date of the amended Terms constitutes Your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS
PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. IT CANNOT BE CUSTOMIZED TO FULFILL
THE NEEDS OF EACH AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR
ACCOUNT, THE VIDEOS AND OTHER MATERIALS SHARED THROUGH THE SERVICE, ANY
INTERACTION RELATED TO THE SERVICE.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS,
RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, RESULTS OR
OUTCOMES OF PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO
THE SERVICE.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED,
ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE
SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER
HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE Functionalities, THE CONTENT
SENT OR PRESENTED THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS; (4) THE
CONTENT SENT OR PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR
RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL
FIT YOUR EXPECTATIONS OR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF
THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW,
AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL
DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA),
COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR
THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM, OR IN CONNECTION WITH
THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE,
ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE
SERVICE, OR FROM ANY LEGAL, OR FROM ANY LOST OR MISSED PAYMENT OPPORTUNITIES, OR
FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH
US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS AND
TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE, OR
FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT, OR FROM RETENTION, DELETION,
DISCLOSURE AND ANY OTHER USE OR LOSS OF VIDEOS.
IN ANY EVENT, OUR TOTAL AND
AGGREGATE LIABILITY FOR DAMAGES EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR
THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM ANY OF THE ABOVE SHALL BE
LIMITED AND CAPPED AT THE AMOUNTS ACTUALLY PAYABLE TO YOU (IF ANY) UNDER THE
PAYMENT SCHEME OFFERED TO YOU AND ACCEPTED BY YOU (IF ANY).
INDEMNITY
To the maximum extent permitted
by law, You agree to indemnify, defend and hold harmless, us or our directors,
officers, employees, agents, advisors, consultants, subcontractors and assignees
(collectively, our “Staff”), at Your own expense and immediately after receiving a
written notice thereof, from and against any damages, loss, costs and expenses,
including attorneyʼs fees and legal expenses, resulting from any plea, claim,
allegation or demand, arising from, or in connection with Your use of the Service,
Your breach of the Terms, Your violation, or infringement of any other personʼs or
entityʼs rights, or Your activities and Videos.
APPLICATION MARKETPLACE
Your use of the
App may be subject to additional third-party terms and conditions that govern that
application marketplace from which You downloaded the App, such as the App Store
for iOS. Such third parties are not responsible for providing maintenance and
support services with respect to the App.
The following terms apply if
You downloaded an App from Apple's App Store. You and Brain Craft Ltd. agree and
acknowledge as follows:
These Terms are concluded between Yourself and us,
and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the
event of a conflict between these Terms and the App Store Terms of Service then
the App Store Terms of Service will prevail, solely with respect to the
conflicting provisions.
The license granted to You for the App is limited to
a non-transferrable license to use the App on any iOS Products that You own or
control, and as permitted by the Usage Rules set forth in the App Store Terms of
Service, except that such App may be accessed, acquired, and used by other
accounts associated with the purchaser via Family Sharing or volume
purchasing.
You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the App.
In the
event of a failure to conform to any applicable warranty (if any warranty is
applicable), You may notify Apple, and Apple will refund the purchase price for
the App to You (if You paid any). Apple has no other warranty obligation
whatsoever with respect to the App, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty,
will not be at Appleʼs responsibility.
Apple is not responsible for
addressing any claims by You or any third party relating to the App or Your
possession and/or use of the App, including (i) product liability claims, (ii) any
claim that the App fails to conform to any applicable legal or regulatory
requirement, and (iii) claims arising under consumer protection or similar
legislation.
You acknowledge that in the event of any third party claim that
the App or Your possession and use of the App infringe that third partyʼs IP
Rights, Apple will not be responsible for the investigation, defense, settlement
and discharge of any such infringement claim.
You must comply with applicable
third-party terms of agreement when using the App (e.g. You must not be in
violation of Your wireless data Services agreement when You use the
App).
Apple and Appleʼs subsidiaries are third party beneficiaries of these
Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against You as a
third-party beneficiary thereof. You represent and warrant that (i) You are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) You are not listed on any U.S. Government list of prohibited or restricted
parties.
MISCELLANEOUS
Assignment. You may not assign or transfer Your
rights and obligations under these Terms without our prior written consent. Any
attempted or actual assignment by You, without our prior written consent, shall be
null and void. Changes in ownership. In the event of M&A, we may, upon notice
to You and without obtaining Your consent, assign and delegate these Terms,
including all of our rights, performances, duties, liabilities and obligations
contained herein, to a third party in which case the assignee assumes our stead
and we are irrevocably released from all performances, duties, liabilities and
obligations contained herein. Severability. If any provision of these Terms is
held to be illegal, invalid, or unenforceable by a competent court, then the
provision shall be performed and enforced to the maximum extent permitted by law
to reflect as closely as possible, the original intention of that provision, and
the remaining provisions of these Terms shall continue to remain in full force and
effect.
Interpretation. The section
headings in these Terms are included for convenience only and shall take no part
in the interpretation or construing of these Terms. Whenever used in these Terms,
the term "Including", whether capitalized or not, means without limitation to the
preceding phrase. All examples and e.g. notations are illustrative, not
exhaustive.
Entire agreement. These Terms
constitute the entire agreement between You and us concerning the subject matter
herein, and supersede all prior and contemporaneous negotiations and oral
representations, agreements and statements.
Waivers. No waiver, concession, extension,
representation, alteration, addition or derogation from these Terms by us, or
pursuant to these Terms, will be effective unless consented to explicitly and
executed in writing by our authorized representative. Failure on our part to
demand performance of any provision in these Terms shall not constitute a waiver
of any of our rights under these Terms. Relationship. These Terms do not create
any agency, partnership, employment or fiduciary relationship between You and
us.
CONTACT US
You may contact us with any
questions or comments, at: support@braincraftapps.com