Terms of Service
Thank you for choosing to use VideoFizz (“we”, “us”, “our”) services offered through our app and website (the “Services”). We’re excited that you’ll be getting Fizzy in no time! Our Terms of Service (“terms”) is meant to explain the guidelines and rules between us and you. The terms serve as a contract between you and VideoFizz; by using our Services you agree to these terms. Please ready them carefully and let us know if you have any questions!
Use of our Services
VideoFizz provides Services that allow you to create collaborative group videos (“Fizz” or “Fizzes”) to celebrate any occasion.
If you are using the Services on behalf of a business or an entity other than yourself, you confirm that you are authorized to agree to these Terms on behalf of the business or entity.
Account Creation and Maintenance. In order to use our Services, you must create a user account. Permission to participate in our services by minors shall be granted by the child’s parent or guardian. Certain information is required at the time of account creation. You certify that all information provided at the time of account creation is truthful and accurate and that you will maintain an up-to-date account profile. You may delete your account at any time by uninstalling the app from your device. We reserve the right to disable or terminate a user account at any time.
Responsibilities. As the user, it is your responsibility to keep your account credentials confidential. You are responsible for any content generated and all activities associated with your account. Should you suspect unauthorized use of your account, is your responsibility to contact VideoFizz directly.
Social Network Sites. As part of our Services, you may be allowed to connect your account with social network sites, like Facebook. If you choose to connect a social network to your account, you represent that you are entitled to give us access to your social network account. You can control the information that you provide to us through your connected social network account; you agree that by granting us access to the information contained within your social network account, we may access or store any of the information provided to us. You may disconnect your social network account from VideoFizz at any time. Your social network account relationship is governed by the respective social network.
Access to the Services and Content Generation
Software License. As part of our Services, VideoFizz grants you a non-transferable, non-exclusive, revocable, limited license to use and access the App on any compatible device that you own or control. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store or Google Play Store (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (i.e., Apple App Store’s “Usage Rules”) (the “Usage Rules”) when using the App. To the extent the terms of these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.
General Access. VideoFizz reserves the right to discontinue Services without cause and at any time without notification to you. VideoFizz shall not be held liable by you for any discontinuation, modification, or suspension of services that results in the loss of user access or content.
Maintenance, Updates, and Support. VideoFizz aims to provide a high-level of user support and desires to satisfy customer requests by implementing enhancements and resolving any bugs that may hinder normal use of our Services. As such, updates to the Services may be necessary; updates are provided via the respective App Store.
Content Generation. Our Services let you create, upload, send, receive, and store content. When you do that, you retain any ownership rights in that content you had to begin with. Your content will not be used by us without express permission given by you.
You grant VideoFizz a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed).
You are responsible for the content you create, send, or store as part of our Services. While we do not aim to monitor or censor user content, we may access, review, screen, and delete your content at any time, without notice, and for any reason, including if we think your content violates these Terms. We do not take responsibility for any content created or shared through our Services.
Your feedback and suggestions are both welcomed and appreciated. Any feedback—written, verbal, recorded, or otherwise—may be used as a testimonial without notification or compensation to you.
Content Storage. We provide multiple options for you to save your finalized Fizzes; including, upload to social network sites, saving to your device memory, and purchase of DVD. Therefore, VideoFizz may remove finalized Fizzes 60 days after the Fizz is finalized.
Acceptable Use and the Rights of Others
In an effort to respect the rights and privacy of others, we require that you not submit or send content that:
- transmits harmful code/viruses;
- bullies, harasses, intimidates, defames, spams, or solicits other VideoFizz users;
- contains pornography, graphic violence, threats, hate speech, or incitements to violence
- exploits or harms minors in any way;
- violates or infringes any intellectual property rights (i.e. trademark, copyright, etc); or
- disrupts VideoFizz servers or Services in any way.
In an effort to keep our Service safe, you agree that:
- you will abide by these Terms and not use the Services for any illegal or prohibited purpose;
- you will not use any automated means or interface to access the Services or extract information or content of other users;
- you will not use the Services in a way that may negatively affect other users from fully enjoying the Services, or that could negatively impact the functionality of our Services;
- you will not use, attempt to use, or solicit another user’s account, or login credentials;
- you will not attempt to access areas or features of the Services that you are not authorized to access;
- you will not probe, scan, or test the vulnerability of our Services or any system or network; and
- you will not encourage or promote any activity that violates these Terms.
Respecting the Intellectual Property of Others
VideoFizz honors the intellectual property of others and the requirements set forth in the Digital Millennium Copyright Act. If made aware, we will take reasonable steps to remove infringing material. We will take reasonable steps to terminate the account of any user who knowingly and willingly infringes on the rights of others.
If you believe that anything on the Services infringes a copyright that you own or control, please contact:
ATTN: COPYRIGHT AGENT
131 E. Washington ST
Kearney, MO 64060
+1 (816) 635-2067
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). The notification should include the following:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify 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 let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Purchases and Payments
As part of our Service, we offer virtual and tangible goods (“Products”) that you can purchase and use through our Service. You’ll always be shown the price for any Product before you complete the purchase. VideoFizz does not directly handle payments or payment processing for the in-app purchases of virtual goods; those are handled by the applicable App Store. Purchases of tangible goods or donations may be made through a third-party such as PayPal. The App Store you use may charge you sales tax, depending on where you live. Please check the App Store’s relevant terms for details.
All in-app sales are final and non-refundable. And because our performance begins once you purchase and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your in-app purchase once it’s completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT VIDEOFIZZ IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Products we offer are for one-time use only, while others are offered on an annually-recurring subscription basis. We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Term and Termination
You can terminate these Terms at any time and for any reason by deleting your account or uninstalling the app from your device. We may also terminate these Terms with you at any time, for any reason, and without advance notice.
You agree to indemnify, defend, and hold harmless VideoFizz, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
THESE TERMS INCLUDE A WAIVER TO ANY CLASS-ACTION LAWSUIT OR JURY TRIAL BY BOTH YOU AND VIDEOFIZZ. ANY DISPUTES BETWEEN YOU AND VIDEOFIZZ SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE VIDEOFIZZ ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY VIDEOFIZZ CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
VIDEOFIZZ TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VIDEOFIZZ WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDEOFIZZ AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF VIDEOFIZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIDEOFIZZ’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID VIDEOFIZZ, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration Agreement, Class-Action and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH VIDEOFIZZ, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and VideoFizz are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and VideoFizz. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and VideoFizz.
Waiver of Jury Trial. YOU AND VIDEOFIZZ WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VideoFizz are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and VideoFizz t over whether to vacate or enforce an arbitration award or otherwise, YOU AND VIDEOFIZZ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 18.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Small Claims Court. Notwithstanding the foregoing, either you or VideoFizz may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with VideoFizz.
Choice of Law and Severability
The laws of the State of Missouri will govern all disputes between you and VideoFizz, but only to the extent they are not preempted by the Federal Arbitration Act. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms make up the entire agreement between you and VideoFizz, and supersede any previous agreements. These Terms do no create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you.
VideoFizz welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting www.videofizz.com.
131 E. Washington ST
Kearney, MO 64060
+1 (816) 635-2067