Terms of service
Pavel Anokhin, a Russian sole proprietor with address at Russia, Orel, Sakhanskaya 3-230, doing business as “VideoGiftMaker”, provides a proprietary authoring system (“Services”) that enables our customers, ie users, to choose and assemble text and graphics to create personalized videos (“VideoGiftMaker Products”) featuring customizable cartoon Characters worthy of sharing with people who matter. Services are accessable across the following websites: https://videogiftmaker.com and https://yourvideogift.com
Our users utilize the Services to combine certain proprietary images, videos, Characters, formatting, texts, music and other materials provided by VideoGiftMaker with custom verbiage and additional elements they introduce to create Videos (the “Content”) that are delivered to fortunate recipients via link to VideoGiftMaker website or via third party services, such as social networks.
The Terms of Service and incorporated Privacy Policy (collectively, “TOS”) as documented below apply to everyone who accesses the Services to create Content. Users who employ the Services confirm their agreement to these TOS, confirm that they are of sufficient age and authority to enter into a legally binding agreement in their jurisdiction.
We recommend that all users review these TOS frequently, with the understanding that VideoGiftMaker will update these terms on an annual basis if not more frequently.
INTELLECTUAL PROPERTY RIGHTS
VideoGiftMaker owns or otherwise controls the technology that enables users to create VideoGiftMaker products as well as the library of proprietary video scenes, graphic elements and music tracks users access when assembling Content (collectively the “Services”). Copyright, trademark and other relevant intellectual property rights apply to all functionality of the Services and all such Content.
VideoGiftMaker Content
When users create VideoGiftMaker Content using the authoring functions of the Services, the resulting personalized material combines intellectual property owned by VideoGiftMaker with intellectual property created by the users, ie personalized Characters and text along with a unique selection and arrangement of materials from VideoGiftMaker’s video database. By accessing the Services and assembling VideoGiftMaker Content, users agree to assign ownership to VideoGiftMaker of any portion of the Content they have generated using the Services, and understand that VideoGiftMaker will henceforth own and control all of the combined Content they have chosen, compiled, arranged and saved. VideoGiftMaker therefore reserves the right to integrate selected user-introduced or user-assembled Content, at its discretion, into its illustrations, graphic elements, text suggestions, marketing materials or social media postings. At all times, however, VideoGiftMaker will exclude personally identifiable information from such uses.
Grant of License for Personal Use Only
When each user completes her or his preparation of VideoGiftMaker Content and proceeds to request that VideoGiftMaker provide a final video, VideoGiftMaker will grant them a license to this Content, limited to personal sharing of the media provided by VideoGiftMaker. This means that they can distribute this media to friends, family, partners or other contacts, solely for non commercial purposes and subject to any other limitations VideoGiftMaker delineates within these TOS. In any event, users may not offer for sale or commercially distribute VideoGiftMaker Content without explicit permission from VideoGiftMaker.
Payment processing
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. If you have any questions regarding payment processing, please contact Paddle.
Refund policy
Since you will see full video preview for free before you pay, please do not proceed to payment if you don’t like the video. Once paid, you receive the video and will not be able to get a refund.
We will only refund a payment if you are not able to get the video for technical reasons. If you didn’t get the video link after payment, or if the video is not accessible at the link after more than an hour (our servers need some time to render your video, so please allow for some time before the video becomes available, usually within minutes, but in certain events up to an hour), then please contact us at the Contact Us page, and we’ll try our best to resolve your issue as soon as possible.
VideoGiftMaker Branding
VideoGiftMaker’s brand names and logos, related logos and taglines, as well as additional names and graphic elements identifying its products and services or contained in its Content library, whether registered or unregistered, are owned by sole proprietor Pavel Anokhin and are protected through application of Russian Copyright and/or Trademark Law as well as the applicable laws of jurisdictions outside of the Russian Federation.
Redistribution or replication of any part of the Services or related Content, user interfaces, imagery, verbiage, or any graphic, verbal or conceptual element of VideoGiftMaker’s branding, including aesthetic ‘look and feel’ elements, is prohibited without our express written consent.
Please send questions or comments regarding rights and responsibilities relating to VideoGiftMaker Content, or requests for new content options (we like to help) via Contact us page.
RIGHTS AND RESPONSIBILITIES WHEN USING THE SERVICES AND VIDEOGIFTMAKER CONTENT
VideoGiftMaker reserves all rights in the Services VideoGiftMaker Content accessed or assembled through the Services, except for the rights it grants to users permitting them to obtain and share customized VideoGiftMaker Products, as governed by these TOS.
Authorization to use the Services is obtained by users when they start VideoGiftMaker application.
By creating or assembling Content and using the Services, users specifically warrant that any content that they introduce does not:
- infringe on the intellectual property rights of others;
- infringe on the privacy rights of others;
- violate applicable local, national or international law, institutional policies or community standards;
- include malicious code or other content that may damage, intercept or otherwise compromise systems, programs or data;
- cause injury to any person or entity.
Users must further refrain from modifying, reverse engineering, copying, reselling or otherwise disseminating any component of the relevant Services or Content, or causing or permitting such activities, without specific authorization from VideoGiftMaker, outside of permitted personal sharing.
WARRANTIES
VideoGiftMaker is continually working to assure that the technology comprising the Services functions optimally. However, we cannot control the imperfections of your computer, tablet, phone or other device, or influence your Internet service provider, cellular network, or the Internet itself, to operate flawlessly.
Where VideoGiftMaker posts or otherwise makes use of comments or information provided by any user of our Services it declines to accept any responsibility for the quality or reliability of such content.
ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE VIDEOGIFTMAKER SERVICES AND/OR CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.
IN NO EVENT SHALL VIDEOGIFTMAKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL VIDEOGIFTMAKER BE RESPONSIBLE FOR DAMAGE, LOSS OR INJURY RESULTING FROM ANY FAILURE OF A USER’S SYSTEM SECURITY, AND/OR UNAUTHORIZED USE OF ANY USER ACCOUNT BY ANY THIRD PARTY.
USER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF VIDEOGIFTMAKER (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS) EXCEED THE TOTAL AMOUNT OF FEES PAID FOR SERVICES AND PRODUCTS DURING THE YEAR PRIOR TO THE MAKING OF A CLAIM. OTHERWISE, USERS’ SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VIDEOGIFTMAKER SERVICES, CONTENT OR PRODUCTS IS TO DISCONTINUE USE OF THE SERVICES AND CONTENT.