End-User License Agreement (“Agreement”)
Last updated: 8 February 2017
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using FaceVideoOnWords (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
- Definition
- a) This Agreement set forth the terms between mVision Tecnologia Multimedia (“Company”) and users (“Users”) of any services or features of FaceVideoOnWords(“Service”), which is provided by the Company.
“Service” means the application software FaceVideoOnWords designed for smartphones and /or tablet computers which is provided by the Company.
“Content” includes the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive materials that Users create, view, submit and publish using the Service.
- Assent to the Terms
- a) Users shall assent to the Agreement and use the Service in accordance with the Agreement.
- b) Minors may use the Service only with consent from their legal guardian such as parents.
- License
- a) The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
- Restrictions
You agree not to, and you will not permit others to:
- a) license, sell, rent, lease, assign, distribute, transmit, host, outsource,loan, supply, publish, distribute or redistribute disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- b) alter, edit or adapt the Application
- c) decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer the Application.
d)You agree not to, and you will not permit others to engage in the following when using the Application:
1) Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
2) Activities that may hinder public order or customs.
3) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, portrait and all other rights of the Company and/or a third party granted by the law or contract.
4) Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
5) Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
6) Activities that benefit or collaborate with anti-social groups.
7) Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
8) Other activities that are deemed by the Company to be inappropriate.
- Users Responsibility
- a) Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
- b) It is User’s responsibility to store or back-up his/her data of shot photographs or images by the Service. In addition, the Company does not guarantee that the Users can store his/her data of shot photographs or images normally in his/her smartphones or tablet computers.
- c) The Company may take measures that the Company considers necessary and appropriate such as terminating or suspending the rights to use the Service itself, if the Company acknowledges that a User is using the service in a way which violates the Agreement. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
- d) In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Company arisen by third parties), the User shall immediately compensate the Company upon its request.
- Users Content and Conduct
- a) Content can be published and shared in several third party services by Users options or actions when using the Service.
- b) The Company does not guarantee any confidentiality with respect to any Content you submit.
- c) Users are solely responsible for the Content and the consequences of submitting and publishing Content on the Service.
- d) Users represent, and warrant to own or have the necessary licenses, rights, consents, and permissions to publish Content submited, and license to The Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service.
- e) The Company does not endorse any Content submitted to the Service by any User and expressly disclaims any and all liability in connection with Content.
- Third Party Entities links, content and adverstising
The Service may contain image, video, text advertising with links and content to and from third party entities that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party entities. In addition, The Company will not and cannot censor or edit the content of any third-party entities. By using the Service, you expressly relieve The Company from any and all liability arising from your use of any third-party entities.
- Disclaimer
- a) The Company does not expressly or impliedly guarantee that the Service are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
- b) The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
- c) this Service is provided by the copyright holders and contributors ‘as is’ and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. in no event shall the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Service, even if advised of the possibility of such damage.
- d) you agree that your use of the Service shall be at your sole risk. to the fullest extent permitted by law, The Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof.
- e) The Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and The Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- Limitation of Liability
in no event shall The Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless The Company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (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. This defense and indemnification obligation will survive this Agreement and your use of the Service.
- Related Agreements
privacy policy
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PRIVACY POLICY
This privacy policy governs your use of the software application FaceVideoOnWords (“Application”) for mobile devices that was created by mVision Tecnologia Multimedia. The Application is video animation creator from pictures captured by the mobile device. Video Animantions can be published and shared via social networks or messassing applications.
User Provided Information
The Application does not ask for user information or registration.
Automatically Collected Information
The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, information about the way you use the Application.
The Application may collect information from third party social networks that you allow the Application to have access to, the detailed information asked will be presented in the Application to the users and asked for permission per item, before accessing.
Does the Application collect precise real time location information of the device?
This Application does not collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Application?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
if mVision Tecnologia Multimedia is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
to advertisers and third party advertising networks and analytics companies as described in the section below
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number.
These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.
What are my opt-out rights?
There are multiple opt-out options for users of this Application:
Opt-out of all information collection by uninstalling the Application: You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We dont retain any User data, all User data is kept at the device.
Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
Children
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at FaceVideoOnWords@mvision.pt. We will delete such information from our files within a reasonable time.
Security
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Changes
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via the Application. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
Your Consent
By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.
Contact us
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at FaceVideoOnWords@mvision.pt.
