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”||
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.
We will use reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
If you are a consumer (where you are an individual and have bought your Subscription wholly or mainly for your personal use, and not in connection with your trade, business, craft or profession) then we are under a legal duty to supply the Services in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights if you are a consumer. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
Notwithstanding the foregoing, we:
do not warrant that:
You will not:
We will defend you against any claim that the Services or Documentation infringes any third party’s Intellectual Property Rights, and will indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
In no event will we, our employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on:
You grant us a non-exclusive, royalty free licence to use, copy and store the Customer Materials solely for:
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:
If you are a consumer then:
If you are a business user (i.e. not a consumer) then subject to clause 10.1 and clause 10.2:
The Contract will, unless otherwise terminated as provided in this clause 11, commence on the Effective Date and will continue for the Initial Term and, thereafter, the Contract shall be automatically renewed for a Renewal Period, unless:
On termination of the Contract for any reason:
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.