Terms of Use - CreateStudio Pro

Terms

Last updated 15th May 2022

Welcome to https://createstudio.com/, a website (the “Site”) operated by Vidello Ltd. (the “Company”).

WHO WE ARE AND HOW TO CONTACT US

https://createstudio.com/ is a site operated by Vidello Ltd. (“We”). We are registered in England and Wales under company number 10699864 and we have our Registered office address The Retreat, 406 Roding Lane South, Woodford Green, Essex, England, IG8 8EY

To contact us, please email: support@createstudio.com or via our helpdesk: support.createstudio.com

Terms and conditions

Please review these Terms carefully. By accessing or using the Site, you show you agree to the following Terms (Collectively “Terms”).

* Our Privacy Notice which explains how we process any personal data we collect from you, or that you provide to us.

* Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.

* Our Cookie Policy which sets out information about the cookies used on our site.

* Our Affiliate Policy, which may apply if you become an affiliate of us.

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. If you don’t agree to these Terms, you may not access or use the Site.

Consumer Rights

You may be a consumer, which means you use the software for purposes which are outside your trade, business or profession (“Consumer”). You may use the Software for commercial purposes. In this case specific provisions reserved for Consumers do not apply to you. These Terms are not intended to limit or to deprive you from your statutory consumer rights.

About the software

The Software is a video editor program (“Software”). More information is here. If you order the Software, you are bound by the License. The license is an integral part of the Agreement and of the Terms.

Changes

We amend these Terms from time to time. We will notify you of any change by email at least 14 days prior to its effective date and such a notification will state the effective date of such a change. You have the right to terminate the Agreement, in writing or by email, within 14 days after the date of receipt of the notification of such a change. If you do not terminate the Agreement, we deem that you have accepted the changes.

Account

Before making an order, you have to create a user account on the Site. Any information you provide us must be accurate. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password or erase the account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@createstudio.com.

Conclusion of the Agreement

Product specifications (“License Option”) and price information can be found on the Site. Based on your License Option, you can take steps to order the Software. The Agreement is concluded in English. We will archive the concluded Agreement, but for technical reasons it will not be available to you. The fees are listed, including value added tax and all related fees for the territory where those taxes and fees are applicable. The fees remain valid as long as they are displayed on the Site. To make an order, you fill out the order form on the Site. The order form mainly contains information about your License Option and the method of payment. Before sending the order, you are allowed to check and change the data in the order. You confirm the order by clicking on the …. button. By confirming the receipt of the order in the e-mail address you provided, the Agreement is concluded. You shall bear the costs for the use of means of remote communication in connection with the order.

Delivery

The Software is delivered in electronic form. You can download the Software after the payment.

Updates

We shall provide you with updates according to your License Option. In addition to the agreed updates, we will provide to you updates that are necessary to ensure that the Software is free from defects. If you have a time-limited license, we provide you with free updates. If we create a new version of the Software that you want to use, we can provide this version to you for an extra fee. If you do not want it, you will be able to use the old version of the Software until your license expires. For unlimited licenses, we provide free updates until the time specified in your license. Other updates and new versions will be charged.

Payments

We will provide you with a license for the Software and some other services against payment (a fee). This fee is currently collected via PayPal (legal terms) or Stripe (our “Billing Service Provider”), which has its own legal terms.

All-access pass

All-access pass members have some additional rights that are listed on the Site. To become a member, you will have to pay a special fee in addition to the license fee. You can terminate your membership at any time. Contact us if you wish to terminate the membership. Termination is effective from the next payment date. Until this day, you can use all the membership services. Termination of membership does not affect your license. However, you lose access to premium assets (characters, effects, templates, etc.) once your subscription expires or is canceled. However, you will not receive a refund for any unused portion of a month for which you have already paid.

Intellectual property rights

You acknowledge and agree that the Software and all copyrights, patent rights, trademarks, trade secrets and other intellectual property rights associated therewith (except for the licensed Audio Files, FFmpeg, Lame, webp, libopenh264, fonts and other Third-Party Software and open source mentioned above or used in the Software) are and shall remain our sole and exclusive property. Furthermore, you acknowledge and agree that the source and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are our intellectual property, as is our proprietary and confidential information and our affiliates, licensors and suppliers, as applicable. We retain all rights and title to its product trademarks, names and logos. You are not authorized to use our trademarks in any advertising, publicity or in any other manner without our prior written consent, which may be withheld for any or no reason. We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

Monitoring and compliance

Although we are not obligated to monitor access to or use of the Software, we have the right to do so for the purpose of operating the Software, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Software, at any time and without notice, including, but not limited to, if we, at our sole discretion, find that you have violated these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Withdrawal from the Agreement (Money back guarantee)

You can withdraw from the agreement for no reason or for any reason within 30 days from paying of the license fee and after the end of the trial version. Contact us if you wish to withdraw from the Agreement. After the withdrawal we will refund you your license fee. You will then no longer be able to use the Software. This right does not apply to membership in the All-access pass. You will not be charged for future months or years if you properly terminate your paid account (All-access pass subscription) via our support desk. However, you will not receive a refund for any unused portion of a month for which you have already paid. We reserve the right to change the Company’s fees (regarding the monthly/annual All-access pass). If the Company does change its fees, the Company will provide notice of the change on the Site or in the email to you, at Company’s option, at least 14 days before the change takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WE ARE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE.

Warranties

We do not grant you any warranty for the Software. Your use of the Software may be covered by statutory warranties against defects under applicable law. These warranties may include rights to have the Software brought into conformity by repair or replacement free of charge, including by receiving necessary updates. Nothing in the Terms limits or excludes your statutory warranty rights and claims.

User generated content (not approved by us)

This Site may include information and materials uploaded by other users of the Site, including comments sections and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. You may provide text, images, videos and/or other material, including third party content (“User Generated Content”) that you share using the Site. We are not responsible for any public display or misuse of your User Generated Content. We do not, and cannot, pre-screen or monitor all User Generated Content. However, at our discretion, we, or the technology we use, may monitor and/or record your interactions with the Site. Rules apply to any material which you contribute to our Site, any images, logos, text, videos or audio that you upload in order to create an animation, and to any interactive service associated with our Site. You must comply with the spirit and the letter of the following standards. The standards apply to any User Generated Content. User Generated Content must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.

User Generated Content must not:

- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Control of origin

We acknowledge that the Software is not based on any hardware or software that is developed or promoted by any legal or natural person residing in China and Russia. This statement does not apply to third party software.

Termination

The Agreement is concluded for the time specified in your License Option. We may terminate the Agreement immediately upon notice to you if you breach the Terms. We may give you reasonable prior warning requiring you to stop the breach and to remedy any consequence of such breach and will only terminate if you fail to do so. We may terminate the Agreement and the License for any reason with a 14-day notice period. The period starts after sending the email to you with the notice of termination. Mandatory rights to terminate for cause under applicable law shall remain unaffected. Immediately upon the termination, we may delete your account.

Governing Law

The Agreement is governed by the laws of the United Kingdom, without regard to its principles of conflicts of law, and regardless of your location. If you are the Consumer, the foregoing choice of governing law will deprive you of the protection afforded to you by provisions that cannot be derogated from by an agreement.

Jurisdiction

You agree to exclusive jurisdiction of the courts located in the United Kingdom, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If you are the Consumer, the foregoing choice of jurisdiction does not apply to you, and the forum for any disputes between you and us shall instead be determined by applicable law. Out-of-court settlement of disputes As a consumer, you have the right to out-of-court dispute resolution provided by the organization according to your country.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.