"Vizmato" is a video-editing application (“App”) developed and published by Global Delight Technologies Pvt. Ltd. (hereinafter referred to as "Global Delight", "us", "our", "we"). The “Popular Videos” video-sharing website owned by Global Delight contains the videos voluntarily promoted by the users of "Vizmato" while uploading to YouTube, for public view and use. The following terms and conditions govern all use of the App and the Site. The term “Site” includes the optional features available in the App for (i) storing the Content by the User in the Cloud based storage server; and (ii) uploading the Content to the YouTube website. The Site is offered subject to your acceptance without modification of all the terms and conditions contained herein.
Please read the following terms and conditions carefully before accessing or using the Site. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES. Global Delight reserves the right to change, update or cease to offer the Site or services or any part thereof at any time.
Intellectual Property & Content
For purposes of these Terms of Service, "Content" is defined as any information, data, video, graphics, music, sounds and other material and services that can be submitted or used by the users, using the App and the features available on our Site.
You are solely responsible for the Content you submit on the Site, including in the Cloud storage server opted by you through the Site and/or uploaded to the YouTube website. Global Delight does not claim ownership of the Content you submit on the Site. You shall remain at all times solely responsible for the full propriety, security and ownership of all submissions. In addition, you represent and warrant that no Content infringes the intellectual property rights or moral rights of any third party or violates any applicable law. By submitting Content to the “Popular Videos” in the Site, you hereby grant Global Delight a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the said Content in connection with the Site. Also by submitting Content to the “Public” in the YouTube website, you agree and accept that the said Content is subject to unlimited use by the general public and shall be devoid of any privacy or security. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, services or any Content, except as Global Delight may expressly permit. You accept full liability for all Content that you modify, or submit, including in regard to any third party intellectual property rights or moral rights in such Content. Global Delight shall not accept any liability in respect of your modifications of any Content and is not responsible for the usefulness, safety or intellectual property rights of or relating to any third party Content on the Site or otherwise made available. We do not warrant or represent that your use of Content displayed on, or obtained through, this Site will not infringe the rights of third parties. The licenses/permissions granted by you in respect of any Content submitted by you to the YouTube website through the Site terminate once you delete your videos from the YouTube website. However this termination of license/permission will not affect any use of the said Content made by any user/person during the intervening period.
All custom graphics, icons, logos and service names created by Global Delight in the Site are registered trademarks or service marks of Global Delight. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any such trademark, service mark, logo and/or the name of Global Delight or that of the third-parties.
Global Delight reserves the rights to permanently delete any Content of any user, without notice, including without limitation any Content that is, in the sole discretion of Global Delight, illegal, violent, pornographic or in any manner considered as improper/inappropriate.
Disclaimer
Your use of any aspect of the Site is at your own risk. Global Delight makes no representations or warranties whatsoever in respect of the Site, services or Content. Global Delight shall not be liable for any direct, incidental, consequential, indirect, punitive, exemplary, or other damages, regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, services or Content. Global Delight shall not accept any liability whatsoever in respect of any Content which is modified by you or any other third party.
The User hereby acknowledges that Global Delight is providing an option to the User Cloud based storage space to store the Content, that are owned, controlled and serviced by independent third parties, and that, therefore, the User accordingly agrees that its Use of such Services will be subject to the terms of use, capacity limitations and service levels of such third party servers and that Global Delight will provide no warranty or have any liability with regard to such third parties providing servers including (without limitation) in relation to (i) any capacity limitations; (ii) any failure or downtime in such third party
servers, whether scheduled or unscheduled; or (iii) the security or integrity of any Content or data stored, processed or transferred on or through these servers; (iv) any related troubleshooting or maintenance levels and any resultant impact on the continuous availability of such cloud storage services.
The User agrees that Global Delight has no responsibility or liability for the unauthorized, willful or negligent access or use of, deletion, corruption, or alteration of, or the failure to upload, store or retrieve any data/Content maintained or transmitted by the Cloud storage server.
Without limiting the foregoing, Global Delight shall have no liability for errors, mistakes or inaccuracies of Content; any adverse effect to your equipment, device or other software as a result of your use of the Site or services; your use of (or inability to use) the Site, including Submissions and Content; any breach of security involving the Site; any viruses or other code or component that may affect your equipment, device or other property as a result of your use of the Site.
Indemnification
You agree to indemnify, defend and hold harmless Global Delight against any and all claims, damages, or costs or expenses including legal costs and reasonable attorney fees, that arise directly or indirectly from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your Content caused damage to a third party. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws and regulations.
Ability to accept Terms of Service
You assert that you are of competent age as per applicable law and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
General
These Terms of Service shall be governed by and construed strictly in accordance with the laws of India without reference to conflict of laws principle. Any claim or dispute whatsoever between you and Global Delight that arises in whole or in part from the use of the Site shall be subject to the exclusive jurisdiction of courts at Udupi, Karnataka, India.
About these Terms
This Terms of Service and Privacy Policy are subject to modifications. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue installing, using or accessing this application.
Third-Party Terms and Conditions:
Please note that your access to and the ability to use Vizmato may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line social sharing platforms, external data storage clouds and payment related service providers, if any. You recognize and agree that Global Delight is not liable for any such third-party terms and conditions and their use of your personal data, and that your access and use of the App is subject to such terms and conditions, and privacy policies of such third-parties.