Terms of Use
SAROLTA.TV & The Sarolta Video Factory
Terms of Use
Sarolta Technologies Inc. ("Sarolta") wants to promote a fun and safe environment for people to create and share movies. Sarolta has created these Terms of Use ("Terms") to better protect our users.
Acceptance of Terms
By visiting or using SAROLTA.TV (the "Website"), the user ("You" or "User") agrees to be bound by these Terms. If You do not agree to any of these Terms, please do not use the Website.
Modification of Terms
Sarolta reserves the right to change or modify the Terms at any time and without prior notice to the User. The User’s continued use of the Website indicates the User’s acceptance of any revised Terms.
Privacy
Sarolta is committed to safeguarding Your privacy. The terms of our Privacy Policy:
http://www.sarolta.tv/web/privacy are incorporated into, and considered part of, these Terms and must be accepted by You prior to Your use of the Website.
User Capacity, Information and Accounts
In order to use the Website, You must be at least eighteen (18) years of age or have the consent of Your parent or guardian, who has in turn read these Terms and has accepted them on Your behalf. In any case, You may not use this Website if you are under the age of thirteen (13). You represent and warrant that You are fully competent to enter into and understand these Terms. You further represent and warrant that Your use of the Website shall not violate any applicable law or regulation.
In order to access certain features of the Website, including but not limited to viewing certain content and doing video editing, You will have to create an account ("User Account"), selecting a user name and password. When creating a User Account, You must provide accurate and complete information. You agree to update and maintain the accuracy of the information provided. You are solely responsible for all activity that occurs on Your User Account. You are responsible for maintaining the security of your User Account password. You must notify Sarolta immediately of any unauthorized use of your User Account. Sarolta will not be liable for any losses suffered by You due to unauthorized use of your User Account. However, You may be held liable for the losses of Sarolta or others due to such unauthorized use. You may never use another person’s User Account.
Sarolta retains the right in its sole discretion to delete any User Account without warning for any reason, and will not be held liable for the deletion of any content therein.
Service
The Website enables Users to create online movies ("Mash-Ups") using content provided by the User, other individuals and commercial enterprises. Some commercial content providers may charge for the content they provide.
Users are able to access a host of functionality, including but not limited to:
· Uploading and managing video, photos or audio (collectively, "Content")
· Creating, saving and editing Mash-Ups
· Posting and sharing Mash-Ups
· Commenting on and rating Mash-Ups
Amendment of Service
Sarolta retains the right to, at any time and without prior notice to the User, suspend, discontinue, delete, modify, or remove any content or service offered on the Website without reason or liability. In addition, Sarolta may in the future charge any amount to any User for the services available on the Website, provided notice of such charge is given to You prior to any charge being assessed against You.
Availability of Service
Sarolta takes reasonable measures to ensure that the Website is available twenty-four (24) hours a day, seven (7) days a week. However, there will be occasions when the Website will be interrupted for maintenance, upgrades and emergency repairs or due to failure of communication and computer equipment that are beyond Sarolta’s control. Sarolta takes every reasonable precaution to minimize any such disruption where it is within Sarolta’s reasonable control. You agree that Sarolta shall not be held liable to You for any modification, delay or discontinuance of the Website.
User License
Users are granted a non-exclusive, non-transferable, revocable license ("User License") to access and use the Website for internal, personal and non-commercial purposes and in accordance with these Terms.
The User License is subject to the following prohibitions:
* giving access to any other person(s) to use Your User ID;
* uploading, copying, modifying, or distributing Content that is not original to the User or otherwise infringes the copyright, privacy or other rights of a third party;
* copying or distributing any part of the Website in any medium without the prior written authorization from Sarolta ;
* introducing into or transmitting via the Website any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature;
* initiating or distributing unsolicited electronic mail communications or harassment of any kind towards any User or other person via the Website;
* using the Website, the Client Software or any Content or materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Sarolta or any third party;
* removing, decompiling, disassembling or reverse engineering any Website software, including the Client Software, or using any network monitoring or discovery software to determine the Website's architecture;
* uploading or creating any Content that is harmful, unlawful, libelous, harassing, pornographic, obscene, graphic, violates the rights or privacy of another, encourages or displays conduct that could be considered a criminal act, hateful, racially or ethnically objectionable, in violation of any copyright, or is otherwise reasonably deemed inappropriate by Sarolta; and
* attempting to remove any Content from the Website to an unauthorized location.
You are responsible for preventing such unauthorized uses and are liable for such use when it occurs. Any such unauthorized use may result in immediate deletion of Your profile and all Content.
Content
All Content uploaded to the Website by Users must be original and must not display the image of any person who has not consented to such use of his or her image.
Sarolta does not endorse any opinions, recommendations, or advice expressed within User's Content and will not be held liable for those opinions, recommendations, or advice. Sarolta provides a venue that permits You to upload and edit Content but does not accept responsibility to monitor and review Content.
Users retain ownership of Content uploaded onto the Website. To enable Sarolta to perform the services necessary for the Website, You hereby grant to Sarolta the non-exclusive, fully paid, worldwide license to use, publicly perform and display and sub-license such Content on the Website, websites owned by Sarolta's affiliated companies and other unrelated websites on which any User may post your Content via an embedded player provided by the Website. In addition, Sarolta may use Your Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts on the Internet, television, or other forms of media distribution. No compensation will be paid by Sarolta for any of the above uses of the Content, in either raw or edited form.
You represent and warrant that You own and/or have the necessary rights for the Content uploaded and/or collected and used within the Website or its services, or otherwise have the right to grant the license set forth above, and Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person or entity. Sarolta reserves the right, but does not have an obligation to investigate and take appropriate legal action in its sole discretion against any User who violates this provision, including without limitation, removing the offending Content, without prior notice, from the Website or any other unrelated third party websites with an embedded player showing such Content and terminating the User's access to the Website. Users found to violate this provision may lose User privileges, in addition to other remedies available to Sarolta.
Inappropriate Content
Sarolta may, without notice, review and delete any Content that, in its sole judgment, violates these Terms or may be offensive, obscene or libelous, or that harms, threatens or violates the rights of any User or any other person. You are solely responsible for the Content that you make visible on the Website or to any other website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third parties via the Website.
If You find Content on the Website or in a movie on another website via an embedded player that may violate these Terms, Sarolta encourages You to report such Content.
Termination
Sarolta reserves the right in its sole discretion to, without prior notice, terminate any User account for any reason. Once a User account is terminated ("Termination"), that User will cease to have any right to use the Website. Termination is without prejudice to all other remedies available to Sarolta at law.
Proprietary Rights
Sarolta owns and retains all proprietary rights in the Website. The Website contains copyrighted material, trademarks, and other proprietary information of the Website and its licensors. Except for that information considered public domain or for which You have written permission, You may not copy, modify, transmit, publish, distribute, display, perform, or sell any such proprietary information and You do not acquire any ownership rights in such.
Client Software
The Website may offer downloadable software ("Client Software") that includes, but is not limited to uploading, capturing and editing. Your use of the Client Software is subject to these Terms and to any additional terms provided on the Website or through the download process. The Client Software shall be used solely to perform these functions for Content uploaded to the Website. From time to time, the Client Software may be updated and any updates or additional features are bound by these Terms. You may not use the Client Software for any other reason other than its specified use within the Website. You must immediately notify Sarolta of any known unauthorized use of the Client Software. Attempting to modify, analyze or reverse engineer any portion of the Client Software, exporting or re-exporting the Client Software, breaking or compromising any of the Client Software's security measures, tampering with, removing any copyright, trademark or other proprietary rights notices contained on or within the Client Software, or using the Client Software for any unauthorized, unlawful, harassing, abusive, criminal or fraudulent purpose is forbidden and will result in a loss of User privileges, in addition to any other remedies available to Sarolta or other third parties and will be subject to applicable laws. Client Software is provided as is and without warranty, and all implied warranties are disclaimed. Sarolta does not warrant the Client Software against any defects and is not responsible for any issue the Client Software may cause on Your computer, including damage to data or hardware or software.
Survival
These Terms will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
The Website, Client Software and all related products and websites are provided as is. All faults and all warranties, express or implied, are hereby disclaimed.
You understand and agree that the submission of any Content to the Website and the download or upload of any material through the Website or Client Software is done at Your own risk and discretion. You will be solely responsible for any and all loss or damage to Your Content or to Your computer system.
Sarolta is not liable for any damage associated with Your use of the Website.
Indemnity
You agree to indemnify and hold Sarolta and its owners, partners, agents, officers, directors, employees, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Website providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to Your use of the Website, Your Content, any violation of these Terms, or any action brought by You against Sarolta or its Affiliated Parties.
Advertising
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Sarolta is not responsible for any error, inaccuracy, or illegality in any advertiser's or sponsor's materials. Sarolta is not responsible for compensating You in any way in the event that You suffer any loss as a result of choosing to do business with any advertiser or sponsor on the Website.
Use of User Information
You authorize Sarolta and Sarolta reserves the right to the use and assignment of all information provided by You and all information regarding Your use of the Website (collectively, "User Information") in any manner consistent with Sarolta’s Privacy Policy
http://www.sarolta.tv/web/privacy . All remarks, suggestions, ideas, graphics, or other information communicated by You to Sarolta (collectively, "Feedback") will forever be the property of Sarolta. Sarolta will not be required to treat any Feedback as confidential, will not be liable for any ideas (including without limitation, product, Website or advertising ideas), will not be obligated to pay any amount to You for any of the Feedback, regardless of its use or value, and will not incur any liability as a result of any similarities that may appear in our future products, Websites or operations. Without limitation, Sarolta will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. Sarolta will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to You or any other person sending the Feedback. You acknowledge that You are responsible for whatever material You submit, and You are responsible for the message, including its legality, reliability, appropriateness, originality, and copyright.
Sarolta may comply with any request to provide User Information to any legal authority in the event of a criminal or civil investigation, except where such providing User Information will result in prosecution of the User in violation of the User’s rights in accordance with the United Nations Universal Declaration of Human Rights, and in particular the User’s right to freedom of expression.
Third Party Content
The Website contains links to other websites ("Third Party Website"). Sarolta is not responsible for the content, accuracy or opinions expressed in any Third Party Website. A link to a Third Party Website does not imply Sarolta’s approval or endorsement thereof. If You decide to leave the Website to access a Third Party Website, You do so at Your own risk.
Other provisions
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
These Terms may be assigned by Sarolta in its sole discretion to a third party.
These Terms constitutes the entire agreement between Sarolta and the User with respect to all of the matters herein.
Should any provision of these Terms be held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Any failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Sarolta’s rights under these Terms shall survive any termination thereof.