End User License Agreement
The License Agreement is an offer from the Viral Vision Limited (hereinafter referred to the "Rightholder") to enter into the agreement under the terms and conditions stated below.
1. Terms and Definitions
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using.
b) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
c) Mobile application means the Rightholder's software "Realism" intended for installation and use on the Device.
d) Basic version means the Mobile application with limited functionality.
e) Extended version means the Mobile application which includes software applications, software extensions, data and commands extending its functionality after installation and/or activation on the Device,
f) Device means any mobile phone, smartphone, tablet, or other device which allows using the Mobile applications according to its functional purpose.
g) Trial period means the initial term of the Extended version license which is granted free of charge. Duration of Trial period is 3 (Three) calendar days unless otherwise is set forth in Rightholder's tariffs.
h) Videos mean audiovisual works created by User in Mobile application
j) Subscription means conditions of payments by accepting of which User accepts and agrees that according to the User's opted tariff the license to Extended version will be automatically renewed upon its expiration and respective license fee will be automatically paid (debited) for unspecified period of time until User withdraw such consent (cancel Subscription).
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2. License
2.1. Once this Agreement is concluded the Rightholder entitles the User to use the respective version of Mobile application under the terms of a non-exclusive worldwide license during the certain term.
2.2. To conclude this Agreement in regards to Basic version and Extended version for the Trial period the User is sufficient to perform the actions stated below:
reproduction (record) or launch of the respective version of the Mobile application on the Device,
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
2.3. The User has the right to use the Basic Mobile application version due to the terms and conditions hereof in the following ways:
2.3.1 Basic Mobile application version reproduction (record) on the Device;
2.3.2. Basic Mobile application version launch and using due to its functional purpose.
2.4. After expiration of Trial period User will be granted with the Extended version license upon the payment of the license fee according to the Rightholder rates; Such license will create a separate license agreement under the terms and conditions hereof.
2.5. Under Extended version license the Rightholder entitles the User:
2.5.1. to perform launch, installation and running of program applications and software extension to the Basic Mobile application version or activation of additional commands and codes to update the Basic version to the Extended version;
2.5.2. to use additional functionality of the Extended version according to its description.
2.6. Any rights and ways of use of the Mobile application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
2.7. The term of the Basic version license is not limited.
2.8. Except for the Trial period, the term of the Extended version license should be determined according to the license fee amount paid by the User upon the Rightholder's rates set on the payment date.
2.9. Once the Extended version license is over the license could be renewed under the terms and conditions of the actual version of the Agreement as to the license fee payment date. The number of extensions of the Extended version license under the Agreement is not limited.
2.10. The license fee payments could be made using payment methods and payment services stipulated on the moment of license obtaining.
2.11. Extended version licenses with limited term are granted under the Subscription. User has the right to cancel the Subscription at any time.
2.12. Extended version subscriptions are not eligible for a refund after the purchase has been processed. If you subscribed to Extended version through the App Store (iOS), Google Play (Android) and need to request a refund, please contact the store directly.
3. License Restrictions and Conditions of Use
3.1. The User may not, independently or employing any third parties, do the following:
3.1.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of the Rightholder.
3.1.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
3.1.3. Create software and/or services using the Mobile application without prior permission of the Rightholder.
3.1.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.
3.1.5. Use in Videos the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts) without permission of such third party.
3.8. User is strictly prohibited from use of Mobile application for creation and/or distribution of Videos that:
a. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
b. violate personal non-property rights or intellectual property rights,
с. otherwise violate provisions of applicable law as well as common moral and ethical standards;
3.3. The Rightholder has the right to set technical restrictions of use of the Mobile application; the Rightholder will inform the User about abovementioned limitations from time to time in the manner at the Rightholder's discretion.
3.4. The functionality of the Mobile application including one that is available exclusively in the Extended version, is a subject the Rightholder's sole discretion and may be changed from time to time.
3.5. User acknowledges and accepts that Rightholder collects and stores Videos for a short time. Such works are not Personal Information. User grants Rightholder with limited non-exclusive royalty-free right to collect, store and analyze Videos for not longer than a week and solely for the purposes of improvement and further development of Mobile application.
3.6. User shall on its own estimate legal consequences and conditions of use in Videos of any materials that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts). Access to any materials provided through the functionality of Mobile application in no manner means grant by Rightholder to User of any rights to use such materials.
Specifically, the provided functionality of Mobile application to create Videos using demo musical records provided by Apple iTunes as well as musical records contained in User's media library at Apple iTunes or in file storage of User's Device in no manner means grant by Rightholder to User of any rights to use such records.
4. Liability
4.1. In view of granting the User with the Basic version license on a free-of-charge basis under the Agreement the provisions of the Consumer Protection Legislation shall not be applicable to the relations of the parties with respect to the Agreement.
4.2. THE MOBILE APPLICATION IS PROVIDED "AS IS'. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT OT MOBILE APPLICATION WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO ANY WARRANTIES THAT MOBILE APPLICATION WILL CORRESPOND TO USER'S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION WILL BE CORRECTED.
4.3. Since functionality of the Mobile application is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the License without prior notice.
4.4. The Rightholder has no connection with Videos that Users create and/or distribute using Mobile application. Rightholder does not check the Videos or its components as well as their compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the content of Videos and their compliance to applicable requirements rests with User.
4.5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
4.6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
4.7. In case the Rightholder will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.
4.8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.9. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed EUR 100, and the Rightholder bears liability subject to his fault in causing such damage.
4.10. The Rightholder reserves the right to prosecute at his own discretion violators of the exclusive rights to the Mobile application due to the civil, administrative and criminal legislation.
5. Final provisions
5.1. The processing of the information provided by the User about himself/herself within the use of the Mobile application as well as the information which is received automatically within such use shall be performed by the Rightholder according to the Privacy Policy published or available at the address: https://realismapp.com/privacy-policy
5.2. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Republic of Cyprus.
5.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of the Republic of Cyprus.
5.4. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
6. The Rightholder's details:
Viral Vision Ltd
Registration Number HE 435984
Nicosia, Cyprus
e-mail: hello@vids-app.com
COPYRIGHT © 2022 Viral Vision Ltd
1. Terms and Definitions
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using.
b) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
c) Mobile application means the Rightholder's software "Realism" intended for installation and use on the Device.
d) Basic version means the Mobile application with limited functionality.
e) Extended version means the Mobile application which includes software applications, software extensions, data and commands extending its functionality after installation and/or activation on the Device,
f) Device means any mobile phone, smartphone, tablet, or other device which allows using the Mobile applications according to its functional purpose.
g) Trial period means the initial term of the Extended version license which is granted free of charge. Duration of Trial period is 3 (Three) calendar days unless otherwise is set forth in Rightholder's tariffs.
h) Videos mean audiovisual works created by User in Mobile application
j) Subscription means conditions of payments by accepting of which User accepts and agrees that according to the User's opted tariff the license to Extended version will be automatically renewed upon its expiration and respective license fee will be automatically paid (debited) for unspecified period of time until User withdraw such consent (cancel Subscription).
1.2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2. License
2.1. Once this Agreement is concluded the Rightholder entitles the User to use the respective version of Mobile application under the terms of a non-exclusive worldwide license during the certain term.
2.2. To conclude this Agreement in regards to Basic version and Extended version for the Trial period the User is sufficient to perform the actions stated below:
reproduction (record) or launch of the respective version of the Mobile application on the Device,
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
2.3. The User has the right to use the Basic Mobile application version due to the terms and conditions hereof in the following ways:
2.3.1 Basic Mobile application version reproduction (record) on the Device;
2.3.2. Basic Mobile application version launch and using due to its functional purpose.
2.4. After expiration of Trial period User will be granted with the Extended version license upon the payment of the license fee according to the Rightholder rates; Such license will create a separate license agreement under the terms and conditions hereof.
2.5. Under Extended version license the Rightholder entitles the User:
2.5.1. to perform launch, installation and running of program applications and software extension to the Basic Mobile application version or activation of additional commands and codes to update the Basic version to the Extended version;
2.5.2. to use additional functionality of the Extended version according to its description.
2.6. Any rights and ways of use of the Mobile application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
2.7. The term of the Basic version license is not limited.
2.8. Except for the Trial period, the term of the Extended version license should be determined according to the license fee amount paid by the User upon the Rightholder's rates set on the payment date.
2.9. Once the Extended version license is over the license could be renewed under the terms and conditions of the actual version of the Agreement as to the license fee payment date. The number of extensions of the Extended version license under the Agreement is not limited.
2.10. The license fee payments could be made using payment methods and payment services stipulated on the moment of license obtaining.
2.11. Extended version licenses with limited term are granted under the Subscription. User has the right to cancel the Subscription at any time.
2.12. Extended version subscriptions are not eligible for a refund after the purchase has been processed. If you subscribed to Extended version through the App Store (iOS), Google Play (Android) and need to request a refund, please contact the store directly.
3. License Restrictions and Conditions of Use
3.1. The User may not, independently or employing any third parties, do the following:
3.1.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of the Rightholder.
3.1.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
3.1.3. Create software and/or services using the Mobile application without prior permission of the Rightholder.
3.1.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.
3.1.5. Use in Videos the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts) without permission of such third party.
3.8. User is strictly prohibited from use of Mobile application for creation and/or distribution of Videos that:
a. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
b. violate personal non-property rights or intellectual property rights,
с. otherwise violate provisions of applicable law as well as common moral and ethical standards;
3.3. The Rightholder has the right to set technical restrictions of use of the Mobile application; the Rightholder will inform the User about abovementioned limitations from time to time in the manner at the Rightholder's discretion.
3.4. The functionality of the Mobile application including one that is available exclusively in the Extended version, is a subject the Rightholder's sole discretion and may be changed from time to time.
3.5. User acknowledges and accepts that Rightholder collects and stores Videos for a short time. Such works are not Personal Information. User grants Rightholder with limited non-exclusive royalty-free right to collect, store and analyze Videos for not longer than a week and solely for the purposes of improvement and further development of Mobile application.
3.6. User shall on its own estimate legal consequences and conditions of use in Videos of any materials that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts). Access to any materials provided through the functionality of Mobile application in no manner means grant by Rightholder to User of any rights to use such materials.
Specifically, the provided functionality of Mobile application to create Videos using demo musical records provided by Apple iTunes as well as musical records contained in User's media library at Apple iTunes or in file storage of User's Device in no manner means grant by Rightholder to User of any rights to use such records.
4. Liability
4.1. In view of granting the User with the Basic version license on a free-of-charge basis under the Agreement the provisions of the Consumer Protection Legislation shall not be applicable to the relations of the parties with respect to the Agreement.
4.2. THE MOBILE APPLICATION IS PROVIDED "AS IS'. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT OT MOBILE APPLICATION WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO ANY WARRANTIES THAT MOBILE APPLICATION WILL CORRESPOND TO USER'S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION WILL BE CORRECTED.
4.3. Since functionality of the Mobile application is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the License without prior notice.
4.4. The Rightholder has no connection with Videos that Users create and/or distribute using Mobile application. Rightholder does not check the Videos or its components as well as their compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the content of Videos and their compliance to applicable requirements rests with User.
4.5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
4.6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
4.7. In case the Rightholder will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.
4.8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.9. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed EUR 100, and the Rightholder bears liability subject to his fault in causing such damage.
4.10. The Rightholder reserves the right to prosecute at his own discretion violators of the exclusive rights to the Mobile application due to the civil, administrative and criminal legislation.
5. Final provisions
5.1. The processing of the information provided by the User about himself/herself within the use of the Mobile application as well as the information which is received automatically within such use shall be performed by the Rightholder according to the Privacy Policy published or available at the address: https://realismapp.com/privacy-policy
5.2. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Republic of Cyprus.
5.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of the Republic of Cyprus.
5.4. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
6. The Rightholder's details:
Viral Vision Ltd
Registration Number HE 435984
Nicosia, Cyprus
e-mail: hello@vids-app.com
COPYRIGHT © 2022 Viral Vision Ltd
