Terms of Service
Video Lab Terms of Service
**PLEASE READ THIS DOCUMENT CAREFULLY. Video Lab, Inc. ("Video Lab," "we," or "us") offers an online video creation platform through its website located at www.videolabinc.com. By registering as a member or by using the Video Lab Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Video Lab. If you do not wish to be bound by this Agreement, do not use the Video Lab Service. **
1. License to Use the Video Lab Service
LICENSE: Video Lab grants you a limited, non-exclusive license to access and use the Video Lab Service for your own personal, non-commercial purposes. This includes the right to view content available on the Video Lab Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Video Lab Service for commercial purposes unless:
- You are a VIDEO LAB BASIC or higher subscriber, in which case you may use and access the Video Lab Service for commercial and non-commercial purposes, subject to compliance with the Video Lab Guidelines
RESTRICTIONS: Except as expressly permitted by Video Lab in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Video Lab Service or any source code therein. Nor will you attempt to circumvent any of Video Lab's technical measures or take any measures to interfere with or damage the Video Lab Service. All rights not expressly granted by Video Lab are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Video Lab Service, you must register as a member by providing a username, password, and valid email address. You must provide complete and accurate registration information to Video Lab and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USERNAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Video Lab Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SUBSCRIPTIONS: We offer three types of paid subscription services: Video Lab Basic, Pro, and Rockstar memberships. Please see our subscription pages for current features and pricing. Features and prices are subject to change. We reserve the right to charge for excessive use of bandwidth where animation services exceed those included in specific subscriber membership packages. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS:
By default, all subscriptions are set to automatically renew for the same period of time as the original subscription you sign up for. After we collect your payment, we follow these refund rules:
- Users who purchase annual subscriptions have fourteen (14) days after their purchase to cancel and receive a full refund less one month's payment at the rate of a month-to-month subscription.
- We don't offer refunds after 14 days following the first payment for annual subscriptions, regardless of whether service is used.
- We don't offer refunds for month-to-month plans, regardless of whether service is used.
- We don't offer refunds for renewal payments, regardless of whether service is used.
- We do not pause or freeze subscription services.
- Fifteen days before your annual subscription renews, we'll send an email letting you know you're scheduled for a payment. This gives you a chance to update your credit card or cancel the renewal before the charge is processed.
- After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Video Lab. If your account is terminated due to your breach of our Terms of Service Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Video Lab reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused services and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes an Archived (free) account and Video Lab may disable access to or delete any content to comply with Archived account limits. If you're using Video Lab for commercial purposes, you will need to maintain a VIDEO LAB BASIC or higher plan to continue converting your images into animated videos. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the Video Lab Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
TERM: This Agreement begins on the date you first use the Video Lab Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Video Lab Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Video Lab may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Video Lab determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Video Lab's reputation and goodwill. If Video Lab deletes your account for the foregoing reasons, you may not re-register for the Video Lab Service. Video Lab may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Video Lab will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Video Lab shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
All images and videos you submit must also comply with the Video Lab Guidelines, which are incorporated into this Agreement.
In using the Video Lab Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Vimeo Site (unless you are an official Vimeo partner or advertiser and have a written agreement with Vimeo).
Video Lab has the right, but not the obligation, to monitor all conduct on and content submitted to the Video Lab Service.
8.1 Static / Still Images, Photographs, Graphics, and Videos
LICENSE TO VIDEO LAB: As between you and Video Lab, you own the still images, photographs, graphics, and video content ("content") that you submit to the Video Lab Service. By submitting an image, photograph, graphic, or video, you grant Video Lab and its affiliates 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 (i) displaying the content within the Video Lab Service; (ii) displaying the content on third party websites and applications through a video embed or Video Lab's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Video Lab Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LIVE STREAMS: For the purposes hereof, a "video" includes a live stream and you are deemed to have "submitted" a video when you live stream any content using the Video Lab Service, regardless of whether a permanent copy is created.
LICENSE TO OTHER USERS: You further grant all users of the Video Lab Service permission to view your content and videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your content and videos from the Video Lab Service, 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. Please note that removed videos may be cached in search engine indices after removal and that Video Lab has no control over such caching.
8.2 Non-video Content
As between you and Video Lab, you own all non-video content that you submit to the Video Lab Service. You grant Video Lab and its affiliates a worldwide, perpetual, irrevocable, 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 non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Video Lab Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Video Lab on improving or adding new features to the Video Lab Service, Video Lab shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Video Lab and grant the licenses set forth above; (ii) Video Lab will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Video Lab and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Video Lab Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Video Lab violates any law or infringes any third party right, including any intellectual property or privacy right.
Video Lab respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at]videolabinc[dot]com.
Video Lab reserves the right to modify the Video Lab Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Video Lab Service. Video Lab has no obligation to screen or monitor any content and does not guarantee that any content available on the Video Lab Service complies with this Agreement or is suitable for all users.
Video Lab provides the Video Lab Service on an "as is" and "as available" basis. You therefore use the Video Lab Service at your own risk. Video Lab expressly disclaims any and all warranties of any kind, whether express or implied, 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, Video Lab makes no representations or warranties:
- That the Video Lab Service will be permitted in your jurisdiction;
- That the Video Lab Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on the Video Lab Service or will be stored by Video Lab;
- That the Video Lab Service will meet your business or professional needs;
- That Video Lab will continue to support any particular feature of the Video Lab Service; or
- Concerning sites and resources outside of the Video Lab Service, even if linked to from the Video Lab Service.
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 Video Lab Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Video Lab 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; and (ii) Video Lab's total liability to you shall not exceed the amounts paid by you to Video Lab over the twelve (12) months preceding your claim(s).
All pictures, graphics, videos, and other visual media displayed on the Video Lab Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Video Lab Service must be commenced in the state or federal courts located in Los Angeles, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Video Lab and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Video Lab in exercising any right hereunder will waive any further exercise of that right. Video Lab's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Video Lab's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Video Lab electronically. Video Lab may provide all such communications by email or by posting them on the Video Lab Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Video Lab at legal[at]videolabinc[dot]com.
Nothing herein shall limit Video Lab's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Video Lab on the Video Lab Site or a written amendment signed by an authorized representative of Vimeo. A revised Terms of Service will be effective as of the date it is posted on the Vimeo Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- Video Lab Guidelines
- Payment Addendum
- Government Entity Addendum
- Copyright and DMCA Policy
This Agreement constitutes the entire understanding between Video Lab and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT. Have a nice day.