Published on: August 22nd, 2019
This Policy applies only to information we collect in our App and in e-mail, text and other electronic communications sent through or in connection with our App. This Policy DOES NOT apply to information that we collect offline, information collected in other apps or websites (including third party websites you may access through the App), or information collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SOFTWARE AND SERVICES.
For the purposes of European data protection laws, the team is the data controller of your personal information. When you use the Software and Services, we consider you consent to provide your personal information voluntarily. There are two general categories of information we may collect.
Camera, photos, videos, and microphone: In order to use some of the features of the Software, you may voluntarily grant us the permission to access to the camera or microphone, or to obtain the photos or videos.
For analytical, business and operational purposes, we automatically collect the following types of information:
a) Technical Information. Certain technical information regarding your device, and your use of the Software and Services, including: (i)Your configuration and settings of the Software and Services, version of the Software and Services; (ii)ISP (Internet Service Provider) , Internet protocol (IP) address, Media Access Control (MAC) address,anonymous user identifiers, device configuration and identifiers; (iii)Advertising ID (Identifier for Advertisers used in Android, such as Google advertising ID (GAID)); (iv) location; (v)Android ID.
b)Usage Information. Certain usage related information regarding your use and interaction with your device, such as when and how you use the Software and Services, how you use your internet browser and internet search related applications, the web pages you visit and the content you see, access and utilize on such web pages; for example, offerings and advertisements that you view, use and access, how you use them and your response to them, how frequently you use them, your search queries and the time and date of your searches.
We will not share any PII that we have collected from you except for the following events:
If we are required by law to disclose your information, we may share your information with law enforcement or other competent authorities and any third party, as may be required (e.g., to detect, prevent or otherwise address fraud, security, or technical issues; to respond to claims or satisfy any legal process, subpoena, or governmental request; or to protect the rights, property, or personal safety of the team’s users, its partners, or the general public);
In the event the team goes through a business transition such as a merger or acquisition by another company, consolidation, change of control, reorganization, or sale of all or a portion of its assets, your information will be among the assets transferred.
The main reason we use your information is to deliver and improve the Software and Services. Additionally, we use your information to keep you safe. Read on for a more detailed explanation of the various reasons we use your information:
Maintain Relationship. Identify, establish and manage your account and our relationship with you.
Customize Content. (i) To improve and customize the Software and Services; (ii) To provide you personalized content, including through the delivery of targeted interest-based advertisements from us or our partners.
If you located in the EEA, as required by law, you hereby grant your consent to us to use or process your personal information only for the purpose described above once you use the Software or the Service. And you may withdraw your consent at any time by contacting us.
The security of user’s information is our utmost priority, and we take strict measures in order to protect the data from unauthorized access, use, disclosure or destruction of data. We have implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry standards. For example, we use firewalls, encryption technology and Network access designed to protect against fraud and identity theft; our data is only stored in centers that provide high-level security for user’s information. We also protect user’s privacy by seeking to minimize the amount of sensitive data and PII. We also seek appropriate contractual protection from our partners regarding their treatment of user data. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
You have the right to access, modify, correct or delete any personal data which we may have collected, to exercise this right please contact us by email at: [firstname.lastname@example.org]. If you are in the EEA, you have a right to (subject to a limited number of exceptions): (i) request access to and rectification or erasure of your personal information; (ii) obtain restriction of processing or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided in a digital format. To exercise these rights please contact us by email at:[email@example.com].
We ensure that we comply with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation(GDPR), and do not knowingly collect personal information from children under the age of thirteen (13). If a parent or guardian becomes aware that his or her child has provided us with information without his/her consent, he or she should promptly contact us and we take reasonable steps to ensure that such information is deleted from our files.
The Software and Services work over the Internet. We may store and process your information in various locations throughout the world. Where you located in the EEA, as required by law, you hereby provide us with your express consent to transfer your data to where may be outside of EEA once you use the Software and/or Services. You may withdraw your consent at any time.
Published on: August 22nd, 2019
This Terms of Service (this “Agreement”) is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Best Free Video Editor & Video Maker Development Team(hereinafter as “we”, “our” or “us”) regarding your downloading, installation and use of our mobile software (the “Software” or “App” ) and related services(the “Service”).
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. We have the right to modify the terms of this Agreement once the Software or the Service have been updated. You can check the modified version of this Agreement from the Software. You understand and agree that, if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
You affirm that you are more than eighteen (18) years old, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these terms and conditions contained herein.
If you are under the age of eighteen (18) and your parent or legal guardian do not agree you to use our App, you are not permitted to use the Software or the Service.
1 INTELLECTUAL PROPERTY POLICY
1.1 The Software is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so) and this Software. We reserve the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. We reserve the right to charge the tort liabilities, unless you have been granted by us, in writing.
2 SCOPE OF LICENSE
2.1 We give you non-exclusive, non-assignable and non-sublicensable license to download, install and use the Software. In no way can the users use it for commercial use.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
2.3 You have precisely read and agree to the agreements and statements published by us. You promise not to copy, grant a sub-license, share or sell the Software or the Service. You are fully responsible for any fees created by or rising from our own factors. We do not assume any liability.
2.4 Rights reserved. We reserve all rights not expressly granted to you. You are required to obtain additional consent to use other software.
3 NOTICE TO END USERS
3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including but not limited to the lost and damages to the Software and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):
3.1.1 Delete copyright information, content on the Software or other copies;
3.1.2 Reverse engineer, decompile or extract the source code of the Software;
3.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package;
3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain;
3.1.5 Use the Software and Services provided by us in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
We reserve the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached under the terms of this Agreement.
3.2 We do not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
4.1 As the App user you may submit graphics, photos, videos, music and any other materials (collectively “Content”). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
4.2 You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
4.3 When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Content.
4.4 You agree that your conduct through the App will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
4.5 You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
4.6 You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
4.7 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.
5 PAID SERVICE
5.1 Some of the services provided by the Software will need to be paid for use. However, we may provide you with a free trial before you decide to pay for it. You may choose our weekly package, monthly package or annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period.
5.2 In the future, we may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; and 2) you update the Software as may be required to use the further paid services.
5.3 For any paid services offered by us, we will obtain your consent before collection of payment. We accept payment via the current payment method indicated prior to purchase, which may include Google Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Google or a third party, that governs your use of a given payment processing method.
5.4 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
7 LIMITATIONS OF LIABILITIES AND DISCLAIMER
7.1 You acknowledge and agree that the Software and Services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
7.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
7.3 In view of business development and adjustment, we reserve the right to amend or terminate services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
7.4 The software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and use of this software may lead to unexpected risk. We are not liable for any legal liabilities arising from it.
7.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this Agreement.
8 USE BY JUVENILES
If you are a juvenile user and decide to use the Software any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Software under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the Software in a correct way.
9.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
9.2 Unless we unilaterally terminate this Agreement or you terminate this agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.
9.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
9.4 The termination of this Agreement will not affect the obligations and liabilities users shall assume before the termination.
10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
10.4 The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China. If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both you and us agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
10.5 We reserve the final interpretation right on this Agreement.