INSTAMARKETING & GAME SRL - Test you device a bit offers a web and mobile application that automatically edits and produces videos using proprietary technologies. INSTAMARKETING & GAME SRL - Test you device a bit is owned and operated by INSTAMARKETING & GAME SRL - Test you device, Ltd. (hereafter “ INSTAMARKETING & GAME SRL - Test you device a bit”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site, the INSTAMARKETING & GAME SRL - Test you device a bit mobile software application (the “Application”) and all services available through the Site and the Application (collectively, the “Services”). “You” or “Your” means an adult user of the Services, or as the parent or guardian of any minor whom you allow access to the Services, and for whom you will be held strictly responsible.
By downloading the INSTAMARKETING & GAME SRL - Test you device a bit mobile software, registering to use the Application or otherwise accessing the Application on a local device or remote device or server, you may be eligible to use any of the Services.
Any information that you supply to us will be governed by these Terms and the Privacy Policy (as defined below) as they may be updated from time to time by us. You agree to abide by the rules and policies established from time to time by us. Such rules and policies will be applied generally in a nondiscriminatory manner to all users of the Services.
INSTAMARKETING & GAME SRL - Test you device a bit does not accept registration from users who are under 13 years of age, in compliance with the Children’s Online Privacy Protection Act of 1998. By visiting and contributing to content on INSTAMARKETING & GAME SRL - Test you device a bit, you attest that you are at least 13 years old.
Please read these Terms carefully. These Terms govern your access to and use of the Services. You must accept these Terms prior to using the Site and/or the Application. Your continued use of the Site and/or the Application will be deemed acceptance to any amended or updated terms. If you do not agree to any of these Terms, please do not use the Site and/or the Application. INSTAMARKETING & GAME SRL - Test you device a bit reserves the right to change, update or cease to offer the Site, the Application or any part thereof at any time.
If you are using the Services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to these Terms. If you do not have such authority, then you may not use the Services on behalf of your employer and you must discontinue all use of the Services immediately. By logging in, you represent and warrant that you are authorized by your employer to access the Services.
If you sign up for a package that allows for commercial use of the Services, you will be able to choose between a Business Package (as defined from time to time on the Site) and a Marketers Package (as defined from time to time on the Site) (each a “Commercial Use Package”) and shall be allowed to use Content (defined below) created using such Commercial Use Package for limited commercial use as set forth under the section entitled “Intellectual Property & Content.” For the purposes of these Terms, users of Commercial Use Packages will be referred to as “Commercial Users”. All other users, who may access the Services solely for their own Personal Use (as defined below) and have either a Basic Package (as defined from time to time on the Site) a Premium Package (as defined from time to time on the Site), or a Pro Package (as defined from time to time on the Site) (each a “Personal User Package”), will be referred to respectively as “Basic Personal Users” and “Premium Personal Users” and shall jointly be referred to as “Personal Users”. Personal Users shall be allowed to use Content (defined below) created using such Personal Use Package for limited Personal Use as set forth under the section entitled “Intellectual Property & Content”.
Basic Personal Users generally use the Services without charge but may in some circumstances pay for some aspects of the Services. Premium Personal Users shall pay in accordance with the fees set forth on the Site. Personal Users may upgrade to a Commercial Use Package by signing up for a Commercial Use Package.
Current fees for Commercial Use Packages are as set forth on the Site. All fees paid are nonrefundable. We accept various forms of payment, as set forth on the Site from time to time. By signing up for a Commercial Use Package and providing your billing information, you are authorizing us to charge your designated payment method on a recurring basis. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site.
Your subscription for a Commercial Use Package may start with a free trial. The free trial period of your subscription lasts for the period specified during sign-up. If at the end of the free trial period, you wish to continue use of the Commercial Use Package, we will ask you to provide your billing information and charge your designated payment method on a recurring basis. Free trials are for new and certain former users only.INSTAMARKETING & GAME SRL - Test you device a bit reserves the right, in its absolute discretion, to determine your free trial eligibility.
Unless you cancel your subscription in the “Billing” section of your account settings or notify us of your decision to cancel, your subscription will automatically renew at the then-current fee. You will be charged on the date you signed up for a Commercial Use Package (or at the end of your free trial period) for the period ending on the last day of the then-current month, and subsequently, you will be charged in advance on or around the last day of each month for the immediately following monthly subscription term.
INSTAMARKETING & GAME SRL - Test you device a bit may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If you do not accept the new changes, you should terminate your subscription immediately. If there is a dispute regarding your payment of fees, or the Service, INSTAMARKETING & GAME SRL - Test you device a bit have the right to terminate your account without prior notice. All fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.
A Commercial Use Package is valid for only one single end user. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else. If you have registered for a Commercial Use Package on behalf of your employer, please note that each end user of a Commercial Use Package must register for his or her own account.
You agree that INSTAMARKETING & GAME SRL - Test you device a bit may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any Content (as defined below) associated with your account. Grounds for such termination may include (i) past due payment, regardless of the amount, (ii) extended periods of inactivity, (iii) violation of the letter or spirit of these Terms, (iv) fraudulent, harassing or abusive behavior, (v) behavior that is harmful to other users, third parties, or the business interests of INSTAMARKETING & GAME SRL - Test you device or (vi) if, under appropriate circumstances, the user is determined by INSTAMARKETING & GAME SRL - Test you device a bit to be a repeat infringer of intellectual property rights. If INSTAMARKETING & GAME SRL - Test you device a bit terminates your account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid with respect to such account. You agree to pay any outstanding balance in full within seven (7) days of termination of your account.
INSTAMARKETING & GAME SRL - Test you device a bit, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Services.
You may request termination of your INSTAMARKETING & GAME SRL - Test you device a bit account at any time and for any reason by contacting us. Any suspension, termination, or cancellation shall not affect your obligations to INSTAMARKETING & GAME SRL - Test you device under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation. Premium Fees and fees paid in advance for Commercial Use Packages are not refundable, and INSTAMARKETING & GAME SRL - Test you device a bit shall not refund any such fees if you request to terminate your account. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON- REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You have the right to cancel your account at any time.
INSTAMARKETING & GAME SRL - Test you device and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein.
INSTAMARKETING & GAME SRL - Test you device a bit provides users with “Premium Content”. Premium Content may provide for additional functionality, such as but not limited to allowing users. If you elect to pay for any Premium Content on a monthly recurring basis, you are authorizing us to charge your designated payment method on a recurring basis. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site. Unless you cancel your subscription in the “Billing” section of your account settings or notify us of your decision to cancel, your subscription will automatically renew at the then-current fee. You will be charged on the date you sign up on a recurring basis for the period ending on the last day of the then-current month, and subsequently, you will be charged on or around the last day of each month for the immediately following monthly subscription term.
INSTAMARKETING & GAME SRL - Test you device a bit may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If you do not accept the new changes, you should terminate your subscription immediately. If there is a dispute regarding your payment of fees, or the Service, INSTAMARKETING & GAME SRL - Test you device a bit shall have the right to terminate your account without prior notice. All Premium Fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.
The software and technology underlying the Services is the property of INSTAMARKETING & GAME SRL - Test you device a bit, and you may not connect to or use the Site and/or the Application in any way that is not expressly permitted by these Terms.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Software provided by INSTAMARKETING & GAME SRL - Test you device a bit may contain or be provided together with open source software. Each item of open source software and is subject to its own applicable license terms as listed therein, or which can be found and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders as indicated in the respective copyright notice.
You and INSTAMARKETING & GAME SRL - Test you device a bit agree that any arbitration shall be limited to the Claim between INSTAMARKETING & GAME SRL - Test you device a bit and you individually. YOU AND INSTAMARKETING & GAME SRL - Test you device a bit AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION