Conditions Générales

Introduction

Welcome to the Clipchamp Terms and Conditions (Agreement). This Agreement describes the terms and conditions that govern your use of the services offered via https://clipchamp.com (our Site or Platform) or services referred to under the agreement section – Service Use. The Site and Platform is owned and operated by Clipchamp Pty Ltd (ACN 162516556).

In this Agreement “we”, “us” and “our” refers to Clipchamp Pty Ltd. Your access to and use of all information on this website including using our services is provided subject to the following terms and conditions.

In this Agreement where the context permits a reference to « you » this includes any user whether using Clipchamp services for personal or business use, or anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

By accessing or using the Site or Platform you:

  • warrant to us you have read this Agreement including the appendix, as well as our Privacy Policy (Policies), with your parent or legal guardian (if you are under 18 years old), and you understand them;
  • you agree to and abide by the Policies every time you use the services provided on our Site or Platform;
  • warrant to us that you have accepted the Footage Firm, Inc Storyblocks end user licence agreement (Storyblocks EULA) in Appendix 1 which is between you as the end user and the third-party Footage Firm Inc, and that where you have any end users who access the Site or Platform you are responsible for those end users and for ensuring all of your end users accept and comply with the Storyblocks EULA; and
  • warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Policies on your behalf.

If you are a parent or legal guardian permitting a person who is under 18 years old (a Minor) to create an account and/or use the Site or Platform, you agree to: (i) supervise the Minor’s use of the Site or Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site or Platform and their account; (iii) ensure that the content on the Site or Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Policies on the Minor’s behalf.

Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and an authorized officer of Clipchamp Pty Ltd.

This Agreement is dated April 2019.

 

Product and Service Descriptions

We strive to ensure that our products and services are described as accurately as possible on our Site, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to the product or service.

 

Site Access

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our Site or Platform does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Site without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Site.

 

Service Use

The Platform includes Clipchamp Create an online video editor and Clipchamp Utilities which allows videos to be recorded, edited and transcoded from one format into another via our Site.

The Service may be provided via a website other than our Site using the “Clipchamp API » (also referred to as « Clipchamp API ») or WordPress Plugin subject to the terms of this Agreement.

You may be directed to the Service, or interact with the Service, via a hyperlink sent to you by another user of the Service, which may result in you sending video to a third-party destination (as determined by the initiating user) (known as « Clipchamp Video Request », also referred to as « Clipchamp Link »). You may also initiate a Clipchamp Video Request. Sending or receiving a Clipchamp Video Request forms part of the « Services » for the purpose of this Agreement.

The Service supports a limited number of video codecs as inputs and outputs for transcoding (conversion). While we’re working hard on implementing additional video codecs, the Service is provided as is and limited to this current offering. The quality of the result may vary and is dependent on the source video.

Anyone that uses the Service accepts that they do so at their own risk.

The Service transcodes and records video in the browser on the personal user’s computer.

We obtain statistical, non-personal and non-sensitive information and reserve the right to upload and store these on our servers. We do not upload video to our, or any third party website or cloud service for processing unless:

  • you opt to use our cloud storage facility for storage; and/or
  • opt to allow us to store a temporary copy of your videos for the sole purpose of examining your videos if there is an export failure.

More information on your privacy is set out in our separate Privacy Policy.

It is your responsibility to ensure that your video does not infringe on the copyright of any third party. By using our service you agree that you have the right to edit and/or transcode (convert) the video in your possession.

You must not use our services to convert any videos with illegal content. Illegal content is any content that violates the laws of Queensland (Australia) or the laws at the location you are using our services from. If we become aware of any usage of our services for illegal video content we will collaborate with local law enforcement agencies to ensure any necessary legal steps are taken accordingly.

Any usage of our provided service that is not outlined in this Agreement requires the express written consent of Clipchamp Pty Ltd.

 

User Registration & Verification

Registration.

A user that wishes to use any of the Clipchamp products must register and until registration is confirmed by us, you are not granted a licence for the use of any of the Clipchamp products.

Verification.

The user may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. You agree to provide us with all necessary verifications we require to provide you with access to the Service.

 

User Licences

Clipchamp Create User Licence.

We grant a Clipchamp Create User a non-exclusive, non-transferable, revocable, worldwide licence to use the Service via https://clipchamp.com, provided that they hold a current User account and are not otherwise in breach of this Agreement.
The User accepts and agrees that: Each user agrees to use the Free Service for private or educational purposes only and not for professional or commercial purposes. The User not using the Free Service is responsible for paying all Fees associated with the User account.

Utilities User Licence.

We grant a Utilities User a non-exclusive, non-transferable, revocable, worldwide licence to use the Service via https://clipchamp.com, provided that they hold a current User account and are not otherwise in breach of this Agreement.
The User accepts and agrees that: Each user agrees to use the Free Service for private or educational purposes only and not for professional or commercial purposes. The User not using the Free Service is responsible for paying all Fees associated with the User account.

Video Request User Licence.

We grant a Video Request User a non-exclusive, non-transferable, revocable, worldwide licence to use the Service via a Link (i.e. unique internet address), provided that they hold a current User account and are not otherwise in breach of this Agreement. The User is responsible for paying all Fees associated with the User account.

API User Licence.

We grant a API User a non-exclusive, non-transferable, revocable, worldwide licence to use the Clipchamp API (Clipchamp API) by deploying it on their own website or web application, provided that they hold a current User account and are not otherwise in breach of this Agreement.

API User accepts and agrees that:

  • The User is responsible for paying all Fees associated with a User account, in order to deploy the Service via their website or web application;
  • The User is directly responsible to any user that uses the Service via the User’s website or web application;
  • The User is responsible for ensuring that each user that uses the Service via the User’s website or web application accepts and complies with this Agreement;
  • The User indemnifies us for any loss, damage, corruption of data, consequential loss, loss of profits, whether through negligence, tort or otherwise.

WordPress Plugin User Licence.

We grant a WordPress Plugin User a non-exclusive, non-transferable, revocable, worldwide licence to use the Clipchamp WordPress Plugin by deploying it on their own website, provided that they hold a current User account and are not otherwise in breach of this Agreement.

WordPress Plugin User accepts and agrees that:

  • The User is responsible for paying all Fees associated with a User account, in order to deploy the Service via their website;
  • The User is directly responsible to any user that uses the Service via the User’s website;
  • The User is responsible for ensuring that each user that uses the Service via the User’s website accepts and complies with this Agreement;
  • The User indemnifies us for any loss, damage, corruption of data, consequential loss, loss of profits, whether through negligence, tort or otherwise.

 

User Fees

Fees and Charges.

Clipchamp Create User Licence and Utilities User Licences include a Free Service which may be limited by usage quotas as described on the Site and is for private purposes only and not for professional or commercial purposes.

Otherwise each User will be required to pay us such fees as described on the Site or as otherwise agreed with us (Fee).
You will be charged the relevant Fee for ​the product and plan you subscribe to – ​Clipchamp Create, Clipchamp Utilities​, Clipchamp Video Request, Clipchamp API & WordPress plugin​ ​- ​as described on the Site.
We may change any Fee at any time by giving you 14 days’ notice. These changes will become effective when you next make a payment through the Site.

Payments.

All payments must be made through the Site using the Site’s designed payment systems. Services may be withheld by Clipchamp until funds have cleared.

Currency.

All transactions are processed in USA dollars by local and international payment providers except in Australia transactions are processed in Australian dollars, in India transactions are processed in Indian rupeeand in Brazil transactions are processed in Brazilian real. You accept that international payment processing fees may apply from your financial institution.

GST.

If GST is applicable to any payment by a Customer to Clipchamp then:

  1. The fee is inclusive of GST; and
  2. Clipchamp will provide you with a Tax Invoice for your payment.

Refunds.

No refunds are offered other than as required by law.

Cancellations.

Under the monthly subscription plans you can cancel paid plans month-by-month and also move into lower plans from higher ones.

No refunds will be provided for cancellation of annual subscription plans before the end of the plan term.

During the Clipchamp API or WP plugin trial period you can cancel your account at any time and cancellation will take effect at the end of your trial period.

You can also cancel your subscription and terminate this Agreement if we are in breach of a material term of this Agreement and we have failed to remedy that breach within 10 days of receiving notice to do so.

 

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Site to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link to our Site without our consent, but you may not make the Service available on your own website unless you are a User in compliance with this Agreement. Any such linking will be entirely your responsibility and at your expense.

By linking, you must not alter any of our Site’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos which are used on this website are either owned by us or by their respective owners. Your access to our Site or Service does not license you to use those marks in any commercial way without our prior written permission.

User Content

Any comment, feedback, idea or suggestion (Comments) which you provide to us through this Site becomes our property. If in future we use your Comments in promoting our Site or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Any content, excluding Comments, which you upload, publish, submit or host through our website remains your intellectual property (User Content). By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, license, transfer, communicate, transmit, stream, broadcast, access, or otherwise use such User Content on, through, or by means of our Site solely for the following purposes:

  1. to provide our services to you;
  2. to improve our services for you; and
  3. to keep records for our internal business purposes.

You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases from the relevant third party that are necessary to grant to us and your own users the rights in such User Content as contemplated by this Agreement; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content, our hosting or other use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and we do not accept any responsibility for any User Content. We may, at any time at our sole discretion, remove any User Content subject to a takedown notice or other legal claim, or where we otherwise reasonably believe it is in our interests to do so, without prior notice to you.

 

Disclaimers

Whilst we have taken all due care in providing the information on our Site, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We take all due care in ensuring that our Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Site or any linked website.

From time to time we may host third party content on our Site such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (C&C Act) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then we will again provide any services or part of them that are defective.

 

Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:

To the full extent permitted by law, our responsibility for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent, (Liability) arising from or in connection with this Agreement is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no Liability for any loss whatsoever including loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data suffered by you, or any user of the service, arising from services we have supplied.

We do not accept Liability for any Comments, User Content or anything contained in any form of communication that originates with a user.

We do not participate in any way in the transactions between our users.

 

Indemnity

By accessing our Site or Service, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Site or Service.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Site, any breach of any third party intellectual property right or privacy right, any breach of this Agreement or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under this Agreement, and continues after this Agreement ends.  It is not necessary for us to suffer any Liability before enforcing a right of indemnity under this Agreement.

 

Termination

At our sole discretion, we may suspend your access to the Site or terminate this Agreement immediately with notice if:

  1. you are in material breach of this Agreement, any applicable laws, regulations or third party rights (including intellectual property rights and privacy rights);
  2. you are in breach of this Agreement and you have failed to remedy such breach within 10 days of receiving notice to do so, subject to any other express right of termination; or
  3. you are unable to pay your debts as they fall due.

 

Force Majeure

If a Force Majeure event causing delay continues for more than 5 days, we may terminate this Agreement by giving at least 1 day Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

 

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland, Australia and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our Site. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy.

 

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Appendix 1 – Storyblocks EULA

End User License Agreement

A. Your Rights. We (Footage Firm, Inc., the operator of Storyblocks.com, graphicstock.com, and audioblocks.com) grant you a perpetual, worldwide, limited, non-exclusive, non-transferable right to incorporate the Stock Files you obtain from us into a work you create. You may incorporate our Stock Files into any project, including feature films, broadcast, commercial, educational, print, multimedia, games, merchandise, and the internet. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not share the underlying individual Stock File as a standalone file with a third party. (However, you can share the Stock Files with your client or other third party for the limited purpose of getting their help with your specific project, assuming you are adding substantial value to the project apart from the Stock Files. Otherwise, they need their own license.) You also agree to use your best efforts to secure the Stock File from being accessed by a third party as a standalone file, but since that’s not always possible, your inability to prevent copying will not be considered a breach of this License.

 

B. Our Guarantee. We promise that if you use our Stock Files as described in this License, your use will not infringe on the rights (such as copyrights) of a third party (the “Limited Warranty”). We’ll also put our money where our mouth is. In fact, we will provide you up to $20,000 in indemnification if you incur any direct damages from our breaking this promise. Because that’s a big number, we need to make a few things clear, so here come some capital letters. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL BREACHES OF THE LIMITED WARRANTY WILL BE LIMITED TO THE LESSER OF THE ACTUAL, DIRECT DAMAGES SUFFERED BY YOU DIRECTLY ARISING FROM SUCH BREACH AND TWENTY THOUSAND DOLLARS.

 

Note that trademarks, logos, or copyrights depicted within our Stock Files are not covered by this guarantee. For example, if one of our videos depicts someone holding a brand-name beverage, that label may be protected by copyright and trademark law and should be used at your own risk. (We wouldn’t want you to think that this License lets you reprint Coca-Cola cans.)

 

C. Limitations. There are a few other limitations we have put in place to protect our artists and other customers:

  1. You cannot sell, license, or redistribute our Stock Files, nor can you build your own stock media site with our files. You cannot create a trademark or logo based on our Stock Files. You cannot use automation, such as computer scripts, to download or “scrape” high volumes of our Stock Files. Finally, you cannot use the Stock Files to harm minors, to encourage violence, or for an unlawful purpose, such as defamation.
  2. For Stock Files that depict identifiable people (“Models”), you must not depict the Models in a way that a reasonable person would find offensive. Just to be clear, the issue is whether the depiction of the Models themselves is offensive, not whether your project as a whole may be offensive. For example, you could use Stock Files with Models in a documentary about a rare and embarrassing medical condition, but you should not depict the Models in a way that suggests they personally carry the condition, unless our video clip already depicts them that way.
  3. For our audio Stock Files, your license does not restrict your right of public performance, but a cue sheet may be required to satisfy the requirements of Performance Rights Organizations (“PROs”). Also, this License allowed you to use our audio clips in YouTube videos, but since we are not associated with YouTube, we cannot prevent other people from incorrectly claiming that your video violates a copyright. If you get such a claim, let us know, and we will make our best efforts to help you resolve the problem. Still, platforms like YouTube could block your content for reasons beyond our control.
  4. Some Stock Files may have additional restrictions, such as “editorial use only,” which will be noted in the clip’s details.

 

D. Other Legal Provisions. This part may not be fun to read, but it’s important nevertheless.

  1. This Agreement will be governed by the laws of the State of Delaware, excluding its body of law relating to conflicts of law and copyright law. If any provision of this Agreement is found invalid, the other provisions will not be affected.

Except for claims brought in small claims court, all disputes about this Agreement will be settled by arbitration pursuant to the rules of the American Arbitration Association (“AAA”), subject to the Federal Arbitration Act. The dispute may be arbitrated either by JAMS or AAA. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.