Effective Date: October 30, 2023
Version: 1.3
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SERVICE AND SITE.
By using any products or services of Promo Video Creator, collectively referred to as the “Services” you (hereinafter referred to as “you” or “the user”) are hereby agreeing to be legally bound by these Terms of Use. This is a legally binding contract between you and Richview Pty Ltd ATF PVC Trust TA Promo Video Creator, a company registered under the laws of Australia with its registered office address located at Suite 1D, 419 Townsend St, Albury NSW 2640 Australia of ABN 57 632 799 216 (hereinafter referred to as the “Promo Video Creator”, “we,” or “us”).
By using the Services you hereby confirm that you have read, agree to, and accept all of the following Terms of Use as contained herein.
Violation of any of the below conditions may result in the termination of your Account, and we reserve the right to make a claim against you with respect to such breach.
A. DEFINITIONS
In these Terms of Use, the following terms shall have the following defined meanings.
Affiliate: Any legal entity that, directly or indirectly, is controlled by or is under common control with Promo Video Creator.
App: Any software program that is affiliated with Promo Video Creator. Including those offered directly by us or indirectly through our intermediaries.
Client: Any legal entity or natural person using videos created by the App through Reseller accounts.
Reseller: Any authorized user utilizing the Site to advertise and provide services to their Client(s).
Intellectual Property Rights: All patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights that now exist or hereafter come into existence. It includes all applications, therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Payment Method: A payment source that Promo Video Creator can accept payment from. A bank account linked to your Account, a PayPal account, a debit card, or such other payment method as Promo Video Creator may accept at our sole discretion.
B. DIGITAL SIGNATURE
By registering for a Promo Video Creator account on the Site (an “Account”), or by clicking to accept the Terms of Use when prompted on the Site, you (the user) are deemed to have executed and accepted these Terms of Use electronically, effective on the date that you registered your Account or clicked to accept the Terms of Use. This is in accordance to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.).
Your Account registration constitutes a legally valid acknowledgment that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments thereto.
C. ACCOUNT ELIGIBILITY
To use the Site and certain Site Services, you must register for an Account.
Promo Video Creator offers the Site and Site Services for your legitimate and legal business purposes only. It is not offered for personal, household, or consumer use. To use the Site and Site Services, you must:
- Have, and hereby represent, that you have an independent business. Including but not limited to self-employed individuals, corporations, and other entities.
- Further represent that you intend to use the Site and Site Services for your legitimate business purposes only, unless you use the Site and Site Services solely as an employee of a registered Reseller Account (as detailed herein).
- Understand that you must comply with any licensing or registration requirements with respect to your business, and you also agree to comply with all such requirements.
- Must be, and hereby represent that you are, a legal entity or an individual 18 years or older. You must be able to form and enter into legally binding contracts.
By registering for an Account, Using the Site, or using the Site Services after the Effective Date, or if you had an account on the Effective Date, or by clicking to accept the Terms of Use when prompted on the Site, you agree to:
(a) abide by all the Terms of Use
(b) be financially responsible for your use of the Site and the purchase or delivery of products or services therefrom
(c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or these Terms of Use.
Promo Video Creator reserves the right, at its sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon the discovery that any information you provided on any form or posted on the Site is not true, is inaccurate, or is incomplete, or such information or other conduct otherwise violates these Terms of Use, or for any other reason or no reason in Promo Video Creator’s sole discretion.
You hereby represent and warrant that you are not:
- a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act
- (ii) a citizen or resident of, or located in, a jurisdiction that is subject to sanctions or an embargo imposed by the Australian Government
- (iii) an individual, or an individual employed by or associated with an entity, identified on any economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.
D. ACCOUNT TERMS
You as the user are solely responsible for keeping your password secure. Promo Video Creator cannot and will not be liable for any loss or damage (including consequential or indirect damages) arising from your failure to maintain the security of your Account and password.
You are responsible for all activity and content (data, graphics, photos) that is uploaded under your Promo Video Creator User Account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or defamation laws).
A breach or violation of any of these Account Terms may result in an immediate termination of your Account and your right to use the Services. We reserve the right to use our discretion in relation to any action we decide to take as a result of such breach or violation.
E. RELLER ACCOUNTS
You may create an account through which you can manage and resell the videos you create to other Client businesses for their use subject to the conditions contained herein.
You agree to grant third parties the right to use the videos only in accordance with these Terms of Use.
Additionally, you hereby agree to be fully responsible and liable for any action of any Client business to which you resell. You hereby represent and warrant that your Client businesses (if any) shall have the legal ability/capacity and authority to accept these Terms of Use and to create a legally binding obligation to you.
Your Reseller Account (including feedback) and username are transferable only upon Promo Video Creator giving its advance written consent. This consent can be withheld or limited by additional terms at Promo Video Creator’s sole discretion.
F. PAYMENT OF FEES
A valid credit card is required for paying all accounts. Trial accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly or yearly basis, and it is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all applicable taxes or duties imposed by governing authorities. You alone are responsible for the payment of all such taxes or duties except in jurisdictions where the responsibility for payment of such taxes falls on Promo Video Creator.
For any upgrade or downgrade in plan level, the credit card that you provided will automatically and immediately be charged the amount of a full month or year minus the prorated fee of your former plan.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Promo Video Creator does not accept any liability for such loss or damage caused, including indirect or consequential damage.
G. IDENTITY VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to:
- Validation against third-party databases
- The verification of one or more official government
- Legal documents that confirm your identity and your ability to represent your business on Promo Video Creator, if it is a separate legal entity.
You hereby authorize Promo Video Creator, directly or through authorized third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address/contact details or financial accounts, subject to applicable laws and regulations.
When requested, you must (within a reasonable time) provide us with information about you and your business so that we can carry out the verification process.
H. INVOICES AND TAXES
Promo Video Creator will have no responsibility for determining the necessity of or for issuing any formal invoices. Nor will we be responsible for determining, remitting, or withholding any taxes that are applicable to the Reseller Fees.
The Reseller will be solely responsible for determining whether it is required by the applicable law to issue any formal invoices for the Reseller Fees and for issuing any invoices as a result. The Reseller will also be solely responsible for determining whether:
(a) Reseller or Promo Video Creator is required by the applicable law to remit to the appropriate authorities any Good and Services Tax or any other taxes or similar charges applicable to the Reseller Fees. The reseller is also responsible for ensuring any such taxes or charges are remitted to the appropriate authorities on behalf of itself or Promo Video Creator, as appropriate.
(b) Promo Video Creator is required by the applicable law to withhold any amount of the Reseller Fees. The reseller is further responsible for notifying Promo Video Creator of any such requirement and indemnifying Promo Video Creator for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). This can be either by Promo Video Creator, at our sole discretion, offsetting the relevant amount against future payment of Reseller Fees to Reseller OR by Reseller reimbursing Promo Video Creator for the applicable amount.
In the event of an audit of Promo Video Creator, the Reseller agrees to:
- Promptly cooperate with Promo Video Creator
- Provide copies of the Reseller’s tax returns and other documents as may be reasonably requested for purposes of such audit. This includes but is not limited to records showing that the Reseller is engaging in an independent business as represented to Promo Video Creator.
I. CANCELLATION AND TERMINATION
You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered a valid cancellation.
You can cancel your Account at any time by clicking on MY ACCOUNT/PAYMENT METHOD in the global navigations bar at the top of the dashboard screen and then clicking the Cancel Subscription hyperlink at the bottom left of the My Account screen.
Your account and all of its content may or will, at the sole discretion of PVC, be deleted immediately upon your cancellation of the Service. This information cannot be recovered once your Account is cancelled.
You can cancel your Account at any time, subject to the condition that you will continue to remain liable for all charges accrued up to that time, including full monthly or yearly charges for the month or year in which you discontinued Service. You will not be charged again. All amounts outstanding for more than 14 days shall be subject to interest calculated at the rate of 14% per annum.
Promo Video Creator, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Promo Video Creator service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all content in your Account.
Upon suspension or termination of your account, Promo Video Creator, in its sole discretion, has the right to charge your account the amount of AUD $1 for each and every time any of your downloaded videos are played.
J. MODIFICATIONS TO THE SERVICE AND PRICES
Promo Video Creator reserves the right to modify or discontinue the Service (or any part thereof) with or without notice to you at any time.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time on the Promo Video Creator website (www.maloneydental.com.au/pvc-demo) or the Service itself.
Promo Video Creator shall not be liable to you or to any Client for any loss or damage (including consequential or indirect damage) caused by any modification, price change, suspension or discontinuance of the Service.
K. COPYRIGHT AND OWNERSHIP
Promo Video Creator and its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to:
- The name of the Service
- Artwork
- End-user interface elements contained within the Service
- Many of the individual features and their related documentation.
As a condition of use, you may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service that Promo Video Creator or its suppliers own.
Promo Video Creator claims no intellectual property rights over the Content that you upload or provide to the Service. However, by using the Service to send content, you agree that others may view and share your Content and that we accept no responsibility or liability for this to the maximum extent permitted by law.
L. CONTACT AND NOTIFICATION
By registering to use the Promo Video Creator website (https://promovideocreator.com/), you are opting to receive our email notifications related to the service and products. Unless required by law or the order of a court of competent jurisdiction, we will not share your email with 3rd parties.
Our staff may contact you for information and service notifications relevant to your account.
M. KEEPING YOUR CONTACT INFORMATION CURRENT
To ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address. This can be done by updating your Account information on the Site or by contacting our Customer Support.
In addition, so that we may communicate with you via the Australia Post Service and other third-party mail services, you agree to notify us immediately of any change in your mailing.
You further agree to:
(a) Provide accurate, current and complete information about yourself if requested when you use the Service (including your email address)
(b) Maintain and update your information (including your email address) to keep it accurate, current, and complete.
You acknowledge that if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current, incomplete, or contains a misrepresentation, we reserve the right to terminate your Account and the Service without liability to you.
N. REQUIRED HARDWARE AND SOFTWARE
To access and retain the records and notices we provide to you electronically, you will need:
(a) A valid email address
(b) A computer system that operates on a platform like Windows or Mac
(c) A connection to the Internet
(d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs as identified on the Site. Users utilizing other browsers may experience compatibility difficulties for which we accept no responsibility or liability.
(e) A Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader.
(f) A computer or device and an operating system capable of supporting all of the above
(g) A widescreen smart TV connected to the internet or a display screen in your patient waiting room
(h) A printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form.
By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly.
You should retain a copy of all of the records and notices we send to you for your reference.
By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that:
- You have read and understand the above.
- You consent to receive records and notices electronically.
- You satisfy the minimum hardware and software requirements specified above
- Your consent will remain in effect until you withdraw your consent via Termination of Your Account as outlined above.
O. GENERAL CONDITIONS
Your use of the Service, including any content, information or functionality contained within it, is provided on an “as is” basis and on an “as available” basis with no representations or warranties of any kind, either expressed or implied.
This includes but is not limited to:
- The implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
The User assumes total responsibility and risk for your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without first obtaining the express written consent of Promo Video Creator.
We reserve the right to remove Content and Accounts containing Content that we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable. This includes any content that we determine in violation of any third party’s intellectual property rights or these Terms of Use.
As a condition of using the Service, you must not upload, post, host, or transmit any unsolicited email or “spam” messages.
As a condition of using the Service, you must not transmit any worms or viruses or any code that is of a destructive nature or violates a client’s right to privacy.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
(a) Transmissions over various networks
(b) Changes to conform and adapt to technical requirements of connecting networks or devices.
By using the Service, you understand and accept the risks posed by this. We (Promo Video Creator) shall not (to the maximum extent permitted by law) be responsible for any loss or damage that is caused as a result of this.
Promo Video Creator does not guarantee that
- The Service will meet your specific requirements.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
- Any errors in the Service will be corrected.
As a condition of using the Service, you expressly understand and agree that to the maximum extent permitted by law, Promo Video Creator shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Promo Video Creator has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service.
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Service.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on the Service.
- Any other matter relating to the Service.
The failure of Promo Video Creator to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
The current Terms of Use constitute the entire agreement between you and Promo Video Creator. These Terms of Service shall govern your use of the Service. These Terms shall supersede any prior agreements between you and Promo Video Creator (including, but not limited to, any prior versions of the Terms of Use – refer to the current version at the top of this document).
As a condition of using the Site and the Services, you agree that you will not use the Site or the Services for any unlawful purpose or to engage in any act of fraud, misrepresentation or other unethical behaviour. Furthermore, you agree that you will not express or imply that any statements you make on the site or the Service are endorsed by us without our prior written consent.
The Site may contain links to other Internet websites, including affiliated web sites which may or may not be owned or operated by us. We do not monitor all the websites that are linked to the Site, and as such, we have no control over such sites.
Unless otherwise explicitly stated, we shall not be responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that our site offers such links does not indicate any approval or endorsement of any material contained on any linked site.
It is up to you to take precautions to ensure that whatever links you select (whether from the Site or other sites), you are reasonably protected from such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
P. RECORDS OF COMPLIANCE
Users will
- Create and maintain records to document the satisfaction of their respective obligations under this Agreement. This includes, without limitation, their respective payment obligations and compliance with tax laws.
- Provide copies of such records to Promo Video Creator upon request.
Nothing in this subsection requires or will be construed as requiring Promo Video Creator to supervise or monitor a User’s compliance with these Terms of Use.
Q. SURVIVAL
After this Agreement terminates, those sections within these Terms of Use that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect.
For example, the provisions protecting Confidential Information, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
R. GOVERNING LAW AND JURISDICTION
These Terms of Use, and any other terms of Service (as may apply), and any Claim between you and us will be governed by and construed in accordance with the laws of the Australian State of New South Wales (NSW), without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any Claims made by any Reseller located within Australia will be governed by the law of the state in which such Reseller resides. The Parties hereto agree to submit to the jurisdiction of the courts of NSW unless Promo Video Creator agrees otherwise in writing.
S. FAIR USE POLICY
It is important to Promo Video Creator that all eligible Promo Video Creator customers are able to access our subscription and that these subscribers get the best possible experience. For this reason, and to ensure the provision of quality service, a Fair Use Policy applies to some of our services where your usage can affect that of other customers.
We have developed this Fair Use Policy by reference to average subscriber profiles and estimated subscriber use of our services.
We may issue a warning or suspend your subscription under this Fair Use Policy at our discretion if we have a reasonable belief that your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, Promo Video Creator will provide you with 30 days’ notice before suspension, restriction, or termination.
If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may, without further notice, apply charges to your account for the excessive and/or unreasonable element of your use. We also reserve the right to suspend, modify or restrict your use of our services or withdraw your access to the subscription.
If we terminate your subscription and you have agreed to a fixed contract term, you may have to pay the applicable early termination fee.
This includes our website located at https://promovideocreator.com and all affiliated or linked websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”). It also includes all services, applications, and products that are accessible through the Site and all Promo Video Creator mobile applications that link to or reference this Agreement (“Site Services”) whether provided by us or our Affiliates.
Any questions regarding the Terms of Service should be addressed to denver@promovideocreator.com
