VIPHO Terms
of Service Agreement
Last Updated: April
10, 2020
This VIPHO Terms of Service
Agreement (the ¡°Agreement¡± or ¡°Terms of Service¡±) is
made between VIPHO Korea, Inc. (¡°VIPHO,¡± ¡°we,¡± ¡°us,¡± or ¡°our¡±)
and you, our customer (¡°you¡± or ¡°your¡±). This Agreement governs
your use of VIPHO and our VIPHO¢ç-branded online AR video photo making and playing
services through our owned-and-operated applications AR video photo creator
(collectively, the ¡°Services¡±).
By creating an
account, viewing videos, creating VIPHO making a purchase, downloading our
software, or otherwise visiting or using our Services, you accept this
Agreement and consent to contract with us electronically.
If you are an entity other than a
natural person, the person who registers the account or otherwise uses our
Services must have the authority to bind the entity. In this context, ¡°you¡±
means both the entity and each person who is authorized to access the account.
You can¡¯t change or edit VIPHO photo
that downloaded from VIPHO service.
We may update this Agreement by posting
a revised version on our website. By continuing to use our Services, you accept
any revised Agreement.
This Agreement includes our Privacy
Policy. Please review our Privacy Policy to learn about the information
we collect from you, how we use it, and with whom we share it.
VIPHO is edited
photo through VIPHO application (with VIPHO Marker inserted) and AR Video Photo
player, AR Video Photo maker.
Service License: Subject to the terms hereof, we grant you access to
our Services. This includes the right to:
Film: The in-app
purchase Item for VIPHO creation.
Features: The features available to you will
depend on your plan. We may change features from time to time.
Registration: You may create an account to use certain features
we offer (e.g., Create VIPHO to print). To do so, you must provide an email
address. By creating an account, you agree to receive notices from VIPHO at
this email address.
Age Requirements: You must
be at least 16 years old or the applicable age of majority in your
jurisdiction, whichever is greater, to create an account or otherwise use our
Services. If you wish to use the Services for a commercial purpose, you must be
at least 18 years old. Individuals under the applicable age may use our
Services only through a parent or legal guardian¡¯s account and with their
involvement. Please have that person read this Agreement with you and consent
to it before proceeding.
Parents and Guardians: By
granting your child permission to use the Services through your account, you
agree and understand that you are responsible for monitoring and supervising
your child's usage. If you believe your child is using your account and does
not have your permission, please contact us immediately so that we can disable
access.
Account Security: You are
responsible for all activity that occurs under your account, including
unauthorized activity. You must safeguard the confidentiality of your account
credentials. If you are using a mobile phone that others have access to, you
must log out of your account after each session. If you become aware of
unauthorized access to your account, you must change your password and notify
us immediately.
We may allow you
to upload, create VIPHO, (collectively, to "submit") content
such as videos, images, (collectively, "content"). You must
ensure that your content, and your conduct, complies with the Acceptable Use
Policy set forth in this Section 4. VIPHO may (but is not obligated
to) monitor your account, content, and conduct, regardless of your privacy
settings. VIPHO may take all appropriate actions to enforce its rights
including removing specific videos or suspending or removing your account.
4.1 Copyright
Policy
You may only
upload content that you have the right to upload and share. Copyright owners
may send VIPHO a takedown notice as stated in our Copyright Policy if
they believe VIPHO is hosting infringing materials. We will, in appropriate
circumstances, terminate the accounts of persons who repeatedly infringe.
4.2 Content
Restrictions
You may not
submit any content that:
4.3 Code of
Conduct
In using our
Services, you may not:
4.4 Prohibited
Technical Measures
You will not:
4.5 Restricted
Users
You may not
create an account if you are a member of a terror or hate group. You may not
purchase any goods or services from us if you reside in a country subject to a
comprehensive U.S. sanctions program or are a Specifically Designated National
(SDN) as designated by the U.S. Department of the Treasury.
4.6
Accessibility and Ratings
We provide means
to allow you to include closed captioning in your videos. If required by
applicable law, you must provide closed captioning in your videos.
We may allow you to filter videos based
upon their user-defined content rating. We cannot guarantee that videos will be
appropriately rated by others. You must rate your videos appropriately.
As between you
and VIPHO, you own and will retain ownership of all intellectual property
rights in and to the content you submit. In order to allow VIPHO to host and
stream your content, you grant VIPHO the permissions set forth below.
5.1 Your Video
Content
By submitting a
video, you grant VIPHO permission to:
If you give printed VIPHO someone. They
may possibly play video connected photo.
The license period begins when you
submit the video to VIPHO and ends when you or VIPHO delete it; provided that
VIPHO may retain archival copies: (a) for a limited period of time in case you
wish to restore it; (b) when the video is the subject of a takedown notice or
other legal claim; or (c) when VIPHO in good faith believes that it is legally
obligated to do so.
5.2 Account
Profile
You grant VIPHO
permission to use your name, likeness, biography, trademarks, logos, or other
identifiers used by you in your account profile for the purpose of displaying
such properties to the public or the audiences you have specified. You may
revoke the foregoing permission by deleting your account. VIPHO shall have the
right to identify public profiles in its marketing and investor materials.
5.3 Other
Content; Feedback
Content that is
not covered by the licenses set forth in Sections 5.1, 5.2, shall
be governed by this Section 5.3 (e.g., text you submit in
comments). You grant VIPHO a perpetual and irrevocable right and license to
copy, transmit, distribute, publicly perform, and display such content through
online means in connection with our Services. If you make suggestions to VIPHO
on improving our products or services, VIPHO may use your suggestions without
any compensation to you.
5.4 Scope of
Licenses
All licenses
granted by you in this Section 5: (a) are non-exclusive, worldwide,
and royalty-free; (b) include the right and license to copy, use, distribute,
publicly perform, and display the licensed work for the purposes stated above;
and (c) include all necessary rights and licenses to allow us to exercise our
rights and perform our obligations. By granting these licenses, you waive any
so-called ¡°moral rights¡± that you may have. Nothing in this Agreement shall be
deemed a license ¡°condition¡± applicable to VIPHO; rather, any breach of a term
by VIPHO hereof shall give rise to, at most, a claim for breach of contract
only. All licenses granted herein are in addition to any other licenses that
you may grant (e.g., a Creative Commons license).
For each piece
of content that you submit to or through VIPHO, you represent and warrant that:
6.2
Indemnification
You will
indemnify, defend, and hold harmless VIPHO and its subsidiaries, parents, and
affiliates, and their and our respective directors, officers, employees, and
agents, from and against all third-party complaints, demands, claims, damages,
losses, costs, liabilities, and expenses, including attorney¡¯s fees, arising
from or relating to: (a) the content you submit to or through the Services; and
(b) allegations of actions or omissions by you that (regardless if proven)
would constitute a breach of this Agreement.
This Agreement
begins when you first use our Services and continues so long as you use our
Service or have an account with us, whichever is longer. With respect to Basic
memberships, VIPHO may terminate this Agreement at any time by providing thirty
(30) days¡¯ written notice, and users may terminate at any time by deleting
their accounts.
If you breach this Agreement, VIPHO may,
at its option: (a) terminate this Agreement immediately, with or without
advance written notice; (b) suspend, delete, or limit access to your account or
any content within it; and (c) to the extent permitted by applicable law,
retain any amounts payable to you (which you forfeit). If VIPHO deletes your
account for breach, you may not re-register.
In the event of any termination or
expiration, the following sections will survive: Section 6.2 (Indemnification), Section
8 (Disclaimers), Section 9 (Limitation of
Liability), Section 10 (Disputes, Arbitration, and Choice of
Law), and Section 11 (General Provisions).
VIPHO PROVIDES
THE SERVICES ON AN ¡°AS IS¡± AND ¡°AS AVAILABLE¡± BASIS. YOU USE THE SERVICES AT
YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN,
AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIPHO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, VIPHO makes
no representations or warranties:
TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (A) VIPHO SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING
DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE
LOSSES, EVEN IF VIPHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(B) VIPHO'S TOTAL LIABILITY TO YOU, EXCEPT FOR VIPHO¡¯S CONTRACTUAL PAYMENT
OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO
VIPHO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED
DOLLARS (USD $100), WHICHEVER IS GREATER.
If you are
dissatisfied with our Services for any reason, please contact us first
so that we can try to resolve your concerns without the need for outside
assistance.
10.1 Choice of
Law
Any disputes
relating to this Agreement or your use of our Services will be governed by the
laws of Korea and the United States of America (with respect to matters subject
to federal jurisdiction such as copyright), without regard to principles of
conflicts of law. The arbitration agreement set forth in Section 10.3 will
be governed by the Federal Arbitration Act.
10.2 Choice of
Venue for Litigation; Jury Trial Waiver
Except for
matters that must be arbitrated (as set forth below), you and VIPHO agree that
any action relating to this Agreement or your use of our Services must be
commenced in the state or federal courts located in Korea; you consent to the
exclusive jurisdiction of those courts. IN ANY SUCH ACTION, VIPHO AND YOU
IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
10.3 Arbitration
of Privacy Claims; Class Action Waiver
The exclusive
means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION.
The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules &
Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may
request that the arbitration hearing be conducted in the area in which you
reside. Otherwise, the hearing (if any) shall take place in, Seoul, Republic of
Korea. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO
PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE
PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Overview: Arbitration provides a private
dispute resolution process that is usually more streamlined and less formal
than litigation. In an arbitration, your rights will be determined by a neutral
third party called an arbitrator, and not a judge or jury. Both you and VIPHO
are entitled to fundamentally fair proceedings at every stage of the
arbitration, including the hearing. The arbitrator will decide all issues
relating to the dispute, including the question of arbitrability, and can grant
any relief that a court could grant. Decisions by the arbitrator are
enforceable in court and may be overturned by a court only for very limited
reasons. For details on the arbitration process,
Definitions: A ¡°Covered Privacy Claim¡±
means any dispute or claim arising out of or relating to (a) VIPHO¡¯s
collection, use, storage, analysis, or transfer of your Personal Information;
(b) an alleged breach of our Privacy Policy. (c) an alleged data breach or
unauthorized disclosure of data or content; or (d) an allegation that VIPHO
failed to comply with any privacy or data security right or obligation. ¡°Personal
Information¡± means any information about you, including your registration
information (e.g., email address), payment information, location information,
device information, biometric identifiers or information, IP address, and your
activities (including viewing and search history), but does not include content
that you upload (except to the extent the content contains personal information
about you).
Small Claims Court Exception: Notwithstanding
the above, each party has the right to bring an individual Covered Privacy
Claim against the other in a small claims court of competent jurisdiction
pursuant to Rule 1 of JAMS¡¯ Minimum
Consumer Standards. If one party files an arbitration that could be
litigated in such a small claims court, the responding party may request that
the dispute proceed in small claims court. If the responding party requests to
proceed in small claims court before the appointment of the arbitrator, the
arbitration shall be administratively closed. If requested after the
appointment of the arbitrator, the arbitrator shall administratively close the
arbitration so long as the proceedings are at an early stage and no hearing has
occurred.
Reservation of Rights, Severability, Force Majeure: VIPHO
reserves all rights not expressly granted herein. VIPHO¡¯s rights and remedies
are cumulative. No failure or delay by VIPHO in exercising any right will waive
any further exercise of that right. If any term of this Agreement is found
invalid or unenforceable by a court of competent jurisdiction, that term will
be limited or severed. VIPHO will not be liable for any delay or failure caused
by a force majeure event.
Relationship: You and
VIPHO are independent contractors of one another; neither party is an agent,
partner, or joint venturer of the other. This Agreement binds the parties and
their successors, personal representatives, and permitted assigns. You may not
assign this Agreement to any person whose account has been terminated by VIPHO
or who is prohibited from registering; any such assignment will be void.
Third Parties: We may
provide links to and integrations with websites operated by others. The website
operator, not VIPHO, is solely responsible for the content thereof, and your
use of each such website will be subject to its terms of service. We may disable
integrations with any third party at any time, with or without notice. Except
as expressly stated herein, nothing in this Agreement confers any right on any
third party.
Entire Agreement: This
Agreement constitutes the entire understanding of the parties and supersedes
all prior understandings regarding the subject matter hereof and may not be
modified except in accordance with Section 1 or in a document
executed by authorized representatives of VIPHO. If you have a signed agreement
with VIPHO, any conflicting term of that agreement will prevail over the terms
hereof, but only as to the subject matter of that agreement.
Notices: You must send any notices of a
legal nature to us by email at: support@vipho.net
VIPHO Korea, Inc.
Attention: Data Protection Officer
10F. 8,Gangnamdaero 69, Seocho, Seoul.