1) Acceptance of Terms of Use
Before you sign up for this developer account, please read these Terms of Use carefully as they govern your use of your developer account ("Account") provided at www.muvee.com ("Website"). By using the Account, you agree to the Terms of Use set forth below as they may be updated from time to time by muvee Technologies Pte Ltd. ("MUVEE"). These Terms of Use shall remain in full force and effect for the full duration of your usage of the Account. MUVEE may modify, suspend or terminate the Account and/or the Terms of Use from time to time, for any reason, without notice and with no liability to you, any other user or any third party at its sole discretion. You are advised to check the Website for changes in the Terms of Use from time to time. If you do not agree to any such changes, you shall cease using the Account. Your continued usage of the Account shall be proof and/or confirmation of your acceptance of the revised Terms of Use.2) License
MUVEE hereby licenses you to integrate the MUVEE Online Service ("Service") with your online portal solely for testing and evaluation purposes only. This license will terminate as of Thirty (30) days of the date of activation of your Account. As consideration for the license herein granted to you by MUVEE, you grant to MUVEE a world-wide, non-exclusive, fully paid, royalty-free, transferable and sub-licensable license to use, copy, modify and display all muvee(s) rendered using your Account.3) Description of Account
The purpose of providing this Account is to enable you to integrate the Service with your online portal for testing and evaluation only. You hereby agree to utilize the Account, in whole or in part, solely for non commercial purposes. Any muvee(s) rendered from any Account shall not be sold, distributed or utilized in any way in exchange for any monetary gains, without MUVEE's prior knowledge and approval. For the avoidance of doubt, muvee(s) shall herein be defined as any video(s) edited or cut to music using MUVEE's proprietary software The Account shall host your content including but not limited to photos and videos files provided by you and the muvee(s) rendered from such content when you choose to make muvee(s) from your user content. For the avoidance of doubt, Account shall mean either service or demonstration accounts that you may sign up for. User content and/or muvee(s) rendered from service accounts shall be uploaded or downloaded via FTP sites while interaction between MUVEE and you shall be via soap calls. User content and/or muvee(s) rendered from demonstration accounts shall be uploaded via the web while interaction between MUVEE and you shall be via the web interface. You are to be solely responsible for any charges or expenses, if applicable, incurred while accessing and using the Account. MUVEE shall retain the discretion to impose charges upon usage of any parts of the Account at any time provided that MUVEE shall provide notice of any such charges before effecting payment against you.4) Limitations on usage of Account
You shall be assigned only One (1) account. The aggregate file size of all your user content stored under your Account shall not exceed the limit as specified on the Website, which may change from time to time at MUVEE's sole discretion. MUVEE reserves the right to alter the above limitations without reference or any notice to you. If you are not satisfied with the limitations imposed upon your Account, your sole recourse is to terminate such Account. You shall be entitled to no more than Five (5) muveeStyles and Five (5) royalty free music tracks on your Account. The titles and credits in the muvee(s) rendered from your Account shall assume the default titles and credits currently provided in the muveeStyles. Your Account shall only support input video in the following format namely, MPEG1, MPEG2, QuickTime, mov, wmv, avi and asf. Your Account shall also support input pictures in the following format namely, bmp, jpg, tiff, gif and png and output muvee(s) in flv format. The length of each muvee shall be no more than Thirty (30) seconds. You shall be entitled to render no more than Fifty (50) muvee(s) each day using your Account. You agree to keep the password to your Account confidential at all times and not allow others to enjoy access to your Account. You agree to be fully responsible for all activities and/or transactions that relates to your Account or password. In the event that you believe that the security of your Account has been compromised, please notify MUVEE immediately. MUVEE shall not be liable for any loss or damage arising from your failure to adequately safeguard your password. MUVEE also reserves the right to require you to change your password if MUVEE reasonably believes that your password has been compromised.5) Prohibitions on usage of the Account
You agree that you will NOT a. Use any part of the Account for any illegal purpose or in contravention of any applicable law or regulation of any country including but not limited to laws governing the transmission of technical data exported from Singapore, United States or the country in which you reside; b. Upload, email or otherwise transmit any user content or muvee(s) rendered from such user content that is obscene, defamatory, libelous, infringes any third party intellectual property rights, violates any laws of any countries or any confidentiality obligations that you might have with respect to such content, incites any racial, ethnic, religious or sectarian hatred or acts of violence, invades the right of privacy or publicity of any third party, contains either adult or child pornography or is otherwise objectionable. MUVEE does not control the user content of your Account and does not have any obligation to monitor such content for any purpose. However, MUVEE may exercise its right to monitor such user content at any time at its sole discretion. You acknowledge and agree that you are solely responsible for all and any content and material you provide while using the Account; c. Upload, e-mail or otherwise transmit any user content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising or promotional materials including but not limited to, "junk" mail, spam, "chain letters", pyramid schemes and banner advertisements d. Upload, email or otherwise transmit any user content that includes code concealed or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video; e. Use the Account in any way for the furtherance of a commercial purpose or for deriving profits, including but not limited to transferring or selling any portion of the Account to which you may have access to any third party f. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Website or any all linked pages ("the Site") or servers or networks connected to the Site, or fail to abide by any requirements, procedures, policies or regulations governing networks connected to the Site g. Utilize any measures to determine the architecture of the Website or to attempt to decompile, disassemble or reverse engineer the Website and/or the Account h. Upload, utilize, email or otherwise transmit any user content that you do not own rights to or any user content which contains images of any person(s) who has not given their consent to the usage of their images in such user content i. Provide any links which may allow any party to access directly any user content and/or muvee(s) from any demonstration accounts MUVEE reserves the right at all times to terminate your Account, and delete any user content in whole or in part, for any reason including, but not limited to, violations of these Terms of Use, without notice and without any liability to you. You further agree that all terminations for cause shall be at MUVEE's sole discretion and that MUVEE shall not be liable to you or any third party for the termination of your Account. If you do violate these Terms of Use, MUVEE reserves the right to share any information with any third party including but not limited to the relevant authorities. In addition, MUVEE reserves the right to disclose any user content as necessary under any applicable law, regulation or judicial order at any time at its sole discretion.6) Privacy Policy
Please refer to our Privacy Policy provided on the Website. The terms and conditions of our Privacy Policy shall be incorporated as part of these Terms of Use and shall together with these Terms of Use, constitute one legal agreement.7) Representations & Warranties
You represent and warrant that you have full power and authority to enter into these Terms of Use and the performance of your obligations hereunder these Terms of Use will not constitute a breach or violation of any clause of any agreement to which you are a party and/or violate any rights of any third parties arising thereof. You warrant that you have obtained and will maintain throughout your usage of the Account or access to the Website any rights, authorizations or licenses that are required to submit your user content to the Website and to permit MUVEE to host such user content and/or muvee(s). You also agree that you shall only access the Website and/or use the Account solely for the purposes intended. You agree to keep all records necessary to establish that you do not violate any of the foregoing representations and warranties and to make such records available upon request by MUVEE8) Trademarks and Copyright
MUVEE shall retain the proprietary rights to the Website and/or Account(s) and all trademarks, brands, service marks and copyrights used in conjunction with the same. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at the Website. This license does not apply to any third party images and/or trademarks stored at the Website. Permission for use of such content must be obtained from the copyright or trademark owner. MUVEE shall claim no ownership rights and/or interests in the images and/or content posted by you at the Website9) Disclaimer of Warranties and Liabilities
MUVEE expressly disclaims any responsibility or liability for your usage of the Website and/or Account and the following a. the accuracy, content, completeness, legality, reliability, operability, or availability of any information or material on the Website and/or Accountb. the deletion, failure to store, loss, wrongful or untimely delivery of any information or user content
c. any harm resulting from downloading or accessing any information or material through the Website and/or Account THE WEBSITE, ACCOUNT AND ITS CONTENT, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUVEE MAKES NO WARRANTY THAT THE ACCOUNT WILL MEET YOUR REQUIREMENTS UNDER NO CIRCUMSTANCES SHALL MUVEE BE LIABLE TO YOU OR ANY USER DUE TO YOUR OR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE OR ACCOUNT OR USER CONTENT. SUCH LIMITATION OF LIABILITY SHALL OPERATE TO PREVENT RECOVERY OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES FROM MUVEE. SUCH LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE AND/OR ACCOUNT, OR FROM USER'S INABILITY TO USE THE WEBSITE AND/OR ACCOUNT, OR FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR ACCOUNT DUE TO CAUSES INCLUDING BUT NOT LIMITED TO THE MAINTENANCE, UPGRADE OR REPAIR OF WEBSITE AND/OR THE ACCOUNT, FAILURE OF ANY EQUIPMENT BEYOND THE CONTROL OF MUVEE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS ACCESSED THROUGH OR ADVERTISED ON THE WEBSITE AND/OR ACCOUNT. IN VIEW OF THE ABOVE, MUVEE EXPRESSLY REQUESTS YOU TO CREATE BACKUP COPIES OF ALL OF YOUR USER CONTENT UPLOADED TO THE ACCOUNT. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING WHETHER MUVEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, under no circumstances shall MUVEE be held liable for any delay or failure in its performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.