MadLipz Terms and Conditions
These terms of service (“Terms”), as updated from time to time, define your access and use of MadLipz App and any content or clip generated, uploaded, downloaded or appearing on the Service. Please make sure to read the Terms carefully before downloading or using the Service. By using the Service, downloading the App or accepting the Terms, you agree to be bound by them. If you do not accept or understand any section of these terms, then you should not use the Service. The Service is provided by Eigenuity Inc. (“we”, “us”, “our” and “Eigenuity”), whose main office is located at 982 Willowdale Ave, North York, Canada, M2M3C5 and email address is email@example.com.
1. The Service
The Service consists of:
a. the MadLipz mobile application (the “App”); and
b. the MadLipz video uploader, available at
http://www.MadLipz.com (the “Website”).
2. Alterations and Updates
1. These terms may get updated from time to time to reflect changes:
a. in our relevant laws or regulatory requirements;
b. in the functionality of the App or the website; and
c. imposed on us by third party suppliers.
2. Any alterations or updates will be either notified to you by email or will be mentioned in the application updates. Notifications will be presented to you within a reasonable time before alterations or updates take effect. The updates will become effective after they are informed to you. If you do not object to the altered or updated Terms within a reasonable time, the Terms will be considered accepted by you. If you do not accept the updated Terms you should stop using the Service.
3. We reserve the right to terminate, alter or withdraw all or part of the Service at any time to address modifications to the technical functionality or law requirements. Access to all or part of the Service may also be limited at any time, to reflect maintenance or updates. As a consequence, you may need to download the latest version of the App and accept the new Terms in order to use the Service.
3. Access and Use of the Service
1. You can access the Service via either the App or the Website. The Service can be accessed via the App by downloading the App, choosing a clip from our library or using your own video, and then dubbing any voices or sounds over videos. This will create a “Lip”, which can be saved in your device’s local memory and can be also shared with others via various social media platforms and third party services including WhatsApp, Facebook Messenger and iMessage. The Service can be also accessed via the Website by uploading clips to our library.
2. To access or use the Service you must either be at least a) eighteen (18) years old, or b) be at least thirteen (13) years old and have permission to use the Service provided by your legal guardian or parent. If we believe that you do not meet these criteria, we may prevent you from using the Service until you provide us with reasonable proof of age or permission.
3. We strongly advice parents or legal guardians to monitor their children’s use of the Service and be aware that the Service is intended to be used by individuals over 18. Some of the content available on the Service may be user generated and not suitable for children under 18.
4. You may need to register with us in order to use or access certain features of the Service, and we may collect your age and email address. You may choose a username, which will be presented alongside the clip or content you upload to the Service. You will be responsible for your account or any activity taken place by you or your account.
5. If the activities that take place by you or your account do not comply with these Terms, we reserve the right to suspend your account or remove your content without prior notice.
6. In order to use or access the Service you require a compatible device and Internet connection. The Service requires smartphones with a microphone function and reasonable space storage. Your smartphone may also require a video camera function for uploading clips to our library. The App currently requires iOS 8 or later for iPhone and iPad devices. The Website can be accessed via various compatible web browsers including Google Chrome, Apple Safari and Mozilla Firefox. You may also require an active Internet connection to access the contents of our library.
7. The equipment used by you may alter the quality and functionality of the Service. We do not accept any responsibilities for lack of quality or functionality due to your equipment, which include but not limited to your Internet connection and your device.
8. It is your responsibility to pay for all the expenses and costs that may occur while using the Service. These expenses and costs include, but not limited to, all telephone or Internet data charges.
4. User-Generated Content
1. You are solely responsible of the use of the Service and any voice overs, sound recordings, Lips, clips, videos, information or any other content that you create via the Service or upload to the App or Website (“User Content”). You retain ownership for the content you make via the Service and whether made publicly available or privately transmitted.
2. The clips that you upload to the Service will be made public and available to other users of the Service. By uploading your clips to the Service, you agree that your username will be displayed in connection with the clip, and your username will be made public to others users of the Service. Any Lip created by you via the Service, is not uploaded to the Service and you are solely responsible for it.
3. You agree and understand to comply with all the relevant laws or regulatory requirements related to your use of the Service and content that you upload to or create via the Service.
4. You shall agree to ensure that your User Content does not:
a. violate any relevant laws or regulatory requirements;
c. contain any content or information that is abusive, offensive, derogatory, bullying, discriminatory, violent, sexually explicit, or any other illegal acts which encourage or promote violence and it potentially upset, annoy or harass an individual;
d. contain any content or information that encourage or promote anyone to assist or commit in any illegal activity or behavior;
e. encourage dangerous or criminal activities which endanger the safety of others;
f. invade anyone’s privacy, identify any person or disclose anyone’s personal contact without their consent, or the consent of their parent or legal guardian for individuals under 18;
g. include any promotional or advertising messages or information; and
h. contain any viruses or harmful programs for the Service.
5. You agree and understand that you will not attempt to do or cause any third party attempt to do any of the following in relation with your User Content and your use of the Service:
a. to use the User Content other than mentioned and permitted by these Terms;
b. to use the Service or User Content for any illegal act inconsistent with these Terms;
c. transmit any individual’s confidential or personal information including credit card numbers and bank account information;
d. pretend to be another individual or impersonate a third party through your User Content;
e. use the Service in any way that could disable, impair or damage the Service or other users’ activities;
f. use programs including scripts, robots, spiders and viruses to download, extract, scrape, jam, circumvent, index or reproduce any functions, information, intended uses or features of the Service;
g. modify, copy or reproduce any function or feature of the Service, or permit any part of the Service to be combined with any other program; and
h. infringe our intellectual property.
6. You understand and agree that our Service is intended to be used for User Content creation and we may not actively play a role in the distribution of the User Content.
7. We do not take responsibility for any User Content uploaded on the Service and we are under no obligation to monitor User Content. We may only enhance the quality of the videos and audios by separating or modifying the audio tracks. We also do not support, ensure or guarantee the quality, accuracy or completeness of any User Content created or posted via the Service. Use of any User Content posted or created via the Service is your own responsibility.
8. We are not liable in any way for errors, damages, losses or omissions of User Content as a consequence of User Content transmission.
9. If Eigenuity, in our sole discretion, believes that you have violated these Terms or have attempted to violate the Terms, we may take any further action that we think is necessary to protect and support the users and our rights. We may remove your User Content from the Service, terminate your right to use the Service, or even take legal actions against you.
5. License of the Service
6. Eigenuity Rights
1. All rights and interests in and to the Service, excluding User Content uploaded or created by the users, will remain the exclusive property of Eigenuity.
3. Eigenuity has the right to modify or alter the quality of the User Content uploaded by the user. Eigenuity has the right to enhance the quality of videos uploaded by the users to the Service, by separating or modifying the audio tracks. However, Eigenuity does not take any responsibility for the content uploaded or created by the user.
7. Copyright, Reporting, Notice and Takedown Policy
1. If you find any content on the Service that you believe infringes your copyright, please inform us in writing and include the following information:
a. a statement that describes the identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are authorized to act;
b. a statement that you believe the use of the content that you claim is infringing copyright is not authorized by the law, the copyright owner or their agent;
c. a statement that the information provided by you is accurate and that you are the owner of the allegedly infringed content or you are entitled and authorized to act on the owner’s behalf;
d. a description and details of the content that you believe is infringing copyright;
e. a description of the copyright content which you believe that has been infringed;
f. your contact information including your name, address and email address; and
g. if you wish your claim to be considered as notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c) please also include your physical or electronic signature, and a declaration under penalty of perjury that you are the owner of the allegedly infringed content or you are entitled to act on behalf of the owner.
2. Send us your notice and all the attached documents by email to firstname.lastname@example.org or by mail to 982 Willowdale Ave, North York, Canada, M2M3C5.
Eigenuity may include or deliver advertisements in the Service.
10. Third Part Services
Our Service include links to services provided by other third parties including but not limited to social media applications such as WhatsApp, Facebook and Instagram. The links to these third parties do not imply any association or endorsement of their services. Eigenuity is not responsible for the functionality and features of these third parties. We are not responsible for your use of these third parties and the terms applicable to these services will apply.
1. If we cease to provide the Service, we may terminate these Terms and your access to the Service without notice.
2. Your access to the Service may get terminated or suspended at any time if we have enough belief that you have violated the Terms. This termination or suspension does not limit us from taking further legal actions against you.
3. You may terminate your use and access to the Service at any time. You can terminate your access by deleting the App from your smartphone. It should be noted that by deleting the App, the videos or contents uploaded by you and your account would not be deleted. If you wish to delete your User Content uploaded to our library, you can contact us at email@example.com.
4. Termination of your access to the Service results in termination of all the section of these Terms excluding sections 3,4,6,7,9,10,11,12 and 13, which will continue to apply.
12. Representations and Warranties
1. Your User Content should be in accordance with these Terms and should not infringe any right of other third parties.
2. You have to agree subject to section 13 of these Terms, to compensate us for any damages, costs or losses that we encounter as a consequence of your violation of these Terms.
13. Disclaimers and Limitations
1. Your access and use of the Service is on “as is” and “as available” basis. All the Service, contents and videos provided or displayed by our Service does not include any warranties, conditions or guarantees to its reliability, precision, availability or completeness. Eigenuity is also not liable for any failure of the Service.
2. We are not liable for any damage, cost or loss resulted by violation of these Terms by any individual. The videos and contents uploaded to the Service or shared via third parties are provided by the users, and Eigenuity is not liable or responsible for these contents.
3. We are not liable or responsible for any loss, cost or damage, which was reasonably unforeseeable by us and is incurred by you while using the Service.
4. We shall not be responsible or liable for any loss, cost or damage as a result of our Service, to the fullest limit permitted by law. You understand and agree that your sole solution for any dispute with us would be to terminate your access and use of the Service.
5. These terms shall not limit our responsibility and liability for any liability that cannot be limited or excluded by law including death or injury resulted from our negligence, fraud or any intentional act.
14. Other Terms
1. Eigenuity may transfer, sub-contract or assign all or any of our obligations and/or rights to another third party. You however, may not assign or transfer any of your obligations or rights under these Terms.
2. The provisions of these Terms each apply independently. If any provision of these Terms be eliminated or limited due to any law or reason, the remaining provisions remain in effect.
3. Any person who is not party to these Terms may not enforce these Terms.
5. Any claim or dispute arising out of these Terms and in connection with the Service shall be construed in accordance with the Canadian law. Any claim or dispute resulting in relation to these Terms can be settled by exclusive jurisdiction of the Canadian courts.
Effective and Last Updated: December 2015