Terms of use

Please carefully read the following terms of use

Terms of Use – VideoStir website

Welcome to the VideoStir website http://www.videostir.com ("the website" or "VideoStir"). Prior to using the website or its services, you are requested to read the following terms of use carefully. The website, it services and its content are owned, operated and provided solely by VideoStir Ltd a limited liability company.

The website enables its users to create a floating video on top of any website at a reasonable cost and in a simple manner.

Agreement between the user and VideoStir

These terms of use constitute the exclusive legal basis for any litigation proceeding relating to the use of the website, services provided therein or any other related matter between the user and VideoStir or any representative associate or affiliate thereof.

Using the website or its services indicates that the user has read, understood and fully accepted all provisions of these terms of use.

Any right not expressly granted to user in these terms of use is reserved to VideoStir.

These terms of use are personal: duties or rights created herein are inalienable.

User must have the legal capacity needed and be capable of entering a contractual relationship without a custodian's approval. VideoStir will not be bound In the event of a minor using the website.

The user declares that the personal details he provided while signing up to the website or using its services concerning his identity are true, accurate, up-to-date and complete. It is hereby absolutely prohibited to use personal details of another individual, impersonate another or use a false identity.

The website services

The website provides users with a platform to create floating videos that can be displayed on top of a website. After the User uploads a video clip to the website, VideoStir generates a floating video, which is a video with a transparent background. The video clip generated can be displayed using a link provided upon VideoStir ("floating clip link") upon a website that the user chooses, or downloaded by the user to be used by him later. The floating clip link will be available for a limited period of time to be determined by VideoStir and upon its sole discretion.

Using VideoStir

The exact URL address of the website must appear in the browser's address bar in the user's interface. The user shall not change, hide or replace this URL address.

The user does not acquire any right in the website's program and / or in the copyright and / or other rights incorporated into the website, or any rights related to the website. The user acquires a license to use VideoStir as detailed in these terms of use only. Any use of the website and / or its applications and / or its contents by the user is prohibited unless explicitly stated otherwise in these terms of use. License to use VideoStir and video clips generated therein. The user is granted a nonexclusive license to use the website and to use the video clips created using its services. Such use is permitted only in accordance with these terms of use. The user may use the video clips generated by the website by placing them on top of a website of his choice, or download them for a later use.

Limitations and forbidden use

The user shall not transfer, assign, sell, resell, lease, sub-license, share, or otherwise alienate his or her license to use the website to a third party. Any person who uses the website without having a valid license will be liable towards VideoStir and obliged to compensate it. No defense or claim shall be available to such unlicensed user, including but not only: implied license, a license granted to him by a third party, a license transferred to him by a third party or any other defense or claim.

The user undertakes not to remove the watermark embedded by VideoStir on the videos or player generated by VideoStir.

The user undertakes not to embed the video clip in a way that is different in nature than VideoStir's proposed embedding method .

The user undertakes not to make any use of the website or its services that is illegal, tortious, obscene, invasive of another’s privacy or otherwise offensive.

The user undertakes not to make any use of the website or any use of video clips generated using the website that infringes any Intellectual Property Right or other proprietary right of any party.

The user undertakes not to use video clips generated using the website to misrepresent his [the user's] affiliation with another website, person or entity.

The user undertakes not to make any use contrary to these terms of use.

The user undertakes not to use the website in a manner that may hinder or stop the regular functioning of the website, or impair other users' experience within the website. Also, the user undertakes to refrain from obtaining or trying to obtain data or material from the website in any means other than those made available by VideoStir for the website users.

The user undertakes to refrain from any use of the website or the video clips created therein that might infringe third party rights or interests, including not placing the floating video on the top of a website of a third party without being authorized to do so or using the video clips created in the website in a way that might constitute, among others, passing off, defamation or conduct offensive to others.

The user undertakes not to publish videos on top of third parties' websites that might mislead the public to think that they are connected or associated.

The user undertakes to read the terms of use of each website belonging to or operated by a third party, upon which he wishes to display the video clip generated through VideoStir, and to fully comply with all of its provisions

The user undertakes to refrain from collecting data concerning other users of the website without their consent.

Penetrating the computer system of the website constitutes a felony under Israeli Law.

Additional terms related to VideoStir's pre made clips

All the pre-made clips in the market that have not been uploaded by third parties are owned solely by VideoStir. All rights reserved. You can use these clips on any website you own or have legal control of, but you cannot, have no right or license to redistribute them, sell them, change them or amend them (as is or any of its parts) without prior written consent of VideoStir. Please contact VideoStir at info[@]videostir.com for more information or to request amendments to these terms.

When you add a clip to the market , you declare that you own all the required and proper legal rights to any and all of the contents of the clip (and/or the material contained in the original video out of which the clip was made). You are solely responsible for acquiring these rights and indemnify VideoStir and all of its employees, agents or subsidiaries from any claim related to the rights - any and all rights - related to the clip. You are also automatically granting VideoStir the right and licence to use, modify, distribute and sell the clip at the sole discretion of VideoStir all over the world for as long as agreed between you and VideoStir. The terms of the agreement can be requested and amended or changed by contacting VideoStir at info[@]videostir.com. By default, these rights are given to VideoStir for eternity.

The terms, pricing, license of use and any other terms of this agreement can change over time, at the sole discretion of VideoStir. Changes will be published in this page/document and you should check them out frequently. If you disagree or want to request amendments or changes to these terms you need to contact info[@]videostir.com and obtain a written consent/change/amendment from VideoStir.

User's representations and warranties

The user represents and warrants the following:

  • 1.

    The user owns the Intellectual Property Rights or a valid license or authorization to use Content he uses, including, but not limited to a valid and sufficient license given to user by the owners of the intellectual property rights of the website upon which the video clip generated by the website is to be displayed.

  • 2.

    The user has received consent from any and all persons appearing in the video clip he generated using the website's services.

  • 3.

    The user will not, and has no intention whatsoever of using the website or its services to infringe any intellectual property rights of another including, but not limited to, copyright or trademarks, or using the website and its services to misrepresent his [the user's] affiliation with a another website, person or entity.

  • 4.

    The user will not, and has no intention whatsoever to, use the website or its services to perform any action that is illegal, tortious, obscene, invasive of another’s privacy or otherwise offensive.

  • 5.

    The user represents that he is aware that some third party websites might not allow video clips generated by the website to be displayed upon them due to technical and / or legal and / or other reasons.

The availability of the website

Although VideoStir does the utmost to ensure uninterrupted service through the website, it does not warrant the nonoccurrence of interruptions or distractions to the website's regular service. VideoStir will not be liable for any damage, direct or indirect, that may be caused to the user due to such service interruption. Intellectual property rights

All intellectual property rights of the website and its contents, including any software incorporated therein, articles, audio or video files, the website's design, pictures, graphic files, applications, source code, text, and / or any other material or data, belong to VideoStir or to a third party that has authorized the use on the website. Intellectual property rights

It is prohibited to copy or duplicate in any manner, fully or partially, make available to another, make available to the public, spread, perform in public, transfer to public domain, alter, process or create a derivative product, sell or rent any part of these contents, in whatever instrument or medium without being granted an explicit license to do so from VideoStir and / or the owner of that content.

Any use of the trademarks and logos that appear in the website without prior written authorization given from VideoStir is prohibited.

The user undertakes not to infringe in any way VideoStir's copyright or intellectual property rights whether directly or indirectly.

The user undertakes not to make any use, directly or indirectly, of a trademark used in the website, unless he obtains prior written consent from VideoStir.

Any use infringing the copyrights and / or intellectual property rights owned by VideoStir or by a third party as detailed in these terms of use, constitutes sufficient grounds for VideoStir to refuse to provide the user with service, without prior notice. The user will bear all the costs and expenses caused to VideoStir and / or its customers and / or its suppliers and / or to the user himself due to this infringement and / or due to the refusal to provide the user with service, without prejudice of any other relief VideoStir is entitled to, whether by power of the law or by power of contract.

Limitation of liability

VideoStir shall not be responsible and / or liable for any actions of the user, including, but not limited to, actions that infringe the intellectual property rights of a third party, actions that may constitute defamation of a third party, actions that may constitute passing off, action that are illegal, tortious, obscene, invasive of another’s privacy, or any other action by user that may create a cause of action for a third party. In such cases the user will bear all responsibility towards the third party.

VideoStir shall not be liable towards the user or any third party in any event where the user, his representative or his agent were incapable of displaying the video clip generated through the website on a website belonging to the user or to a third party due to technical and / or legal prohibitions set by the user/ that third party and / or by the law.

VideoStir shall not be responsible towards the user in the event that the computer or any other end device or program installed thereon, including an internet browser or a media player, are not compatible with or fail to meet the technical requirements for the use of the website. It is exclusively the user's duty to ensure the compatibility of the end devices, thus he waives any claim based on absence of such compatibility.

The website may contain links to other websites. Those websites are not controlled by VideoStir. Therefore VideoStir bears no liability as to their content. Advertisements may appear in the website, including banners promoting products / services. VideoStir bears no responsibility or liability for these advertisements and the user declares that he shall have no claim against VideoStir related to such external content.

The user acknowledges that displaying that video clip generated by VideoStir to third parties might enable these third parties to copy and store these videos.

Indemnification

The user will compensate and indemnify VideoStir, its employees, managers, agents, licensees, colleagues and partners (The "Representatives") for any claim, law suit, damage, loss, loss of profit, payment, expense, including any interest payment, legal fees and reasonable counsel fees, that might be caused to VideoStir and / or its aforementioned Representatives, resulting from the user's breach of or non-compliance with these terms of use, his warranties, his representations, his undertakings given herein, and / or with his duties under the law and / or his breach of third party rights and / or his failure to meet his or her legal duty. Such indemnification shall not prejudice any legal relief VideoStir and its aforementioned Representatives are entitled to.

The user hereby confirms that the above duty of indemnification will be valid regardless of whether VideoStir is an official party to related legal proceedings.

Without any prejudice of the aforesaid, the user will indemnify VideoStir immediately after receiving a written demand to do so.

The user will be estopped from raising a claim against VideoStir and / or its representatives concerning the boundaries and the extent of VideoStir 's liability.

In any case VideoStir will be found liable towards the user, its liability shall not exceed the amount charged by VideoStir for its services.

Privacy Policy

VideoStir cares about the privacy of the users of the website. Its policy regarding data collection, data use and data protection are detailed hereby.

Data collection: During use of the website, the user will be requested to provide certain information, which might include, among others, name, address, e-mail address and payment method details. In addition, technical information might be collected, such as IP addresses of computer used to visit the website, and "cookies" might be stored at the user's browser. Such collection of data is meant to improve the user's use of the website and keep him updated with services and special offers that might interest him.

Data protection: The website respects the privacy of the users and uses advanced security measures to keep the data provided by the users secure. Nevertheless, and despite these efforts, there is no absolute certainty that the data will not be exposed to third parties in the event of hacking the website or any other unauthorized access in the user's data. The user acknowledges that VideoStir will bear no liability whatsoever and waives any claim against VideoStir in any such event.

Use of data: VideoStir undertakes using the users' personal details pursuant to these terms of use only. The website will use the stored data to customize and improve the users' browsing experience in the website.It is easy to prohibit the local storage of cookies. Most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookies is stored. Please note that if you block or erase cookies, your online experience may be limited. We also may use third party cookies. These cookies are stored on your computer by third parties, rather than by VideoStir. Third party cookies usually store only a non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.

Storage of Videos generated by VideoStir: Videos generated by the users are stored on the servers of VideoStir. Once they are displayed on a third party website by the user, they might enable viewers to copy and store these videos. VideoStir team may sometimes make an internal use of the uploaded videos for testing and quality improvement purposes.

Data transfer to third parties: VideoStir will transfer the user data to third parties in the following events only:

- In case VideoStir is obliged to do so under judicial order.

- In case VideoStir and the user become opposing parties in legal proceedings.

- In case the user breached the website's terms of use, and such transfer of data is necessary for VideoStir to enforce its rights.

- In order to detect, prevent or otherwise address fraud, security or technical issues.

- To allow our partners and affiliates serve you with commercials.

Changing these terms of use

VideoStir will act to update the user concerning any change in the terms of use through a notice in the website. The notice will include the amended provisions, or make reference thereto. However, it is the exclusive responsibility of the user to be informed if any changes are made in the terms of use.

Questions concerning Privacy policy

If have any questions (or comments) concerning our Privacy Policy, you are mostly welcome to send us an email to the following address: info@videostir.com and we will make an effort to reply within a reasonable timeframe.

Conflict resolution, choice of law and choice of forum

These terms of use will be construed and governed by the laws of the State of Israel.

The parties agree to try and resolve every dispute that might arise between them, including disputes concerning the use of the website and / or these terms of use, the website's privacy policy and / or concerning the services provided by VideoStir, through direct negotiations. In case the parties fail to resolve the dispute through such negotiations, they will resort to arbitration. The arbitrator will be an Israeli attorney whose field of expertise is Internet and electronic trade law. The arbitrator's identity will be determined by the head of the Israeli Bar Association, following the request of either party.

The arbitration will be held in Tel Aviv, Israel.

The arbitrator shall have the power to issue injunctions.

The arbitrator will not be bound by evidentiary law and substantive law.

The arbitrator will be obliged to set forth the grounds and reasoning for his or her final decision.

This section constitutes an arbitration agreement between the parties in accordance with the Israeli Arbitration Law- 5728 - 1968.

Without derogating from the aforesaid, in any matter that is not within the arbitrator's authority, or in any instance where this arbitration agreement shall not be in force, the local jurisdiction / venue in all matters concerning these terms of use agreement, including these terms of use's validity, interpretation and / or breach thereof will belong exclusively to the competent court in Tel Aviv, Israel and will be governed by Israeli law.

Before the arbitration proceeding begins, the arbitrator will disclose to the parties all the relevant information concerning his or her direct or indirect relationships with either party and / or interested party and /or entities related to the parties, if any. After hearing the parties reservations in this matter and as to his or her ability to objectively decide in the arbitration, the arbitrator will be the authorized party to decide whether he or she will continue to hold the arbitrator's position. ContactThe user explicitly agrees to the aforesaid choice of forum clause, and waives any right to oppose the determination of the competent court pursuant to this agreement, including not raising a Non Convenience Forum claim or any other claim.

Shall VideoStir be sued by a third party, in any legal proceeding, based on the user's act or failure to act, VideoStir will be entitled to join the user as a party to that proceeding, and the above arbitration agreement will be suspended.

The records in the website's computer databases regarding activities done within the website shall be deemed determinant evidence for such activities.

The use of the website is prohibited in jurisdictions that do not grant full validity to all covenants of these terms of use.

Admissibility in legal proceedings

A printed version of these terms of use and of every message delivered in electronic manner will be admissible evidence in legal or administrative proceedings, based on or related to these terms of use, to a similar extent as business records originally produced and saved in physical form.

Interpretation of these terms of use

Since the internet is a rapidly changing medium, the user agrees not to construe these terms of use narrowly against VideoStir. Any right that has not been explicitly granted to the user is reserved to VideoStir.

Contact

Self-identifying users are welcome to contact VideoStir for every clarification concerning the website or these terms of use. VideoStir will provide them with a response in the earliest possible convenience. VideoStir's contact options are as follows:

Address: 6 Hanechoshet St. Tel Aviv , Israel

E-mail: info@videostir.com