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.