The definitions and rules of interpretation in this clause apply in the Contract.
|“Acceptable Use Policy”||
our acceptable use policy for using the Site and the Services, available at https://viddyoze.com/terms/acceptable-use, and as amended from time to time.
an animation created by you using the Services.
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
these terms and conditions as amended from time to time in accordance with clause 13.1.
any images, logos, text, video, audio or other materials uploaded to the Services by you.
|“Data Protection Legislation”||
(a) the Data Protection Act 2018; and
(b) unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then
(c) any successor legislation to the GDPR or the Data Protection Act 2018.
the documentation made available to you by us online via our Site or such other web address notified by us from time to time which sets out a description of the Services and the user instructions for the Services.
the date of the Contract.
|“Extended Animation Licence”||
the licence to use an Animation, available at https://viddyoze.com/licenses/extended, and as amended from time to time.
the subscription fees and other charges payable by you to us as set out in your order.
the initial subscription term for the Services, usually monthly or annually as set out in your Subscription.
|“Intellectual Property Rights”||
patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
the period of one month starting on the calendar day corresponding to the commencement of your Subscription.
|“Normal Business Hours”||
8.00 am to 6.00 pm local UK time, each Business Day.
our privacy notice setting out how we will process any personal data provided by you, which is available at https://viddyoze.com/terms/privacy, and as amended from time to time.
a period of time equal to the Initial Term or 12 months, whichever is shorter.
he subscription services provided by us to you under the Contract via the Site or any other website notified to you from time to time, as more particularly described in the Documentation.
the online software applications provided by us as part of the Services.
the storage limit for online storage of Animations forming part of your Subscription.
has the meaning given in clause 11.1, being the Initial Term and any Renewal Period.
your subscription to use the Services and the Documentation to produce Animations.
our standard support services from time to time available via our support link at http//viddyoze.com/help.
(a) planned maintenance carried out during the maintenance window of 7am and 12 noon UK GMT; and
(b) unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give you at least 3 hours' notice in advance.
in each case whether such Customer Materials are used, copied or stored on their own, or when incorporated into an Animation. Furthermore, you agree that we may refer to you as a Viddyoze user or customer in any of our promotional or marketing material.
If you fail to make payment no later than 3 days after the the due date, and without prejudice to any of our other rights and remedies:
All amounts and Fees stated or referred to in the Contract:
Except as expressly and specifically provided in the Contract:
Nothing in the Contract excludes our liability:
12.3 Subject to clause 12.1 and clause 12.2:
and the Initial Term together with any subsequent Renewal Periods will constitute the “Subscription Term”.
We will have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control.
No failure or delay by us to exercise any right or remedy provided under the Contract or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of the Contract.
Nothing in the Contract is intended to or will operate to create a partnership between you and us, or authorise either of us to act as agent for the other, and neither of us will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
The Contract does not confer any rights on any person or party (other than the parties to the Contract and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.