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Terms of Use (“Terms”)

Last updated: September 10, 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://reelcrafter.com website or https://app.reelcrafter.com web application (the “Service”) operated by S is for Studio, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Our Service Provides:

Our Service Is Not:

ReelCrafter can be accessed at https://reelcrafter.com or https://app.reelcrafter.com.

Technical Requirements

The ReelCrafter app requires a modern browser, such as the latest version of Chrome, Firefox, or Safari, that supports Web Audio API. The app will work on both Mac and PC computers. Live reel URLs can be accessed on most browsers, tablets and smartphones.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

User Conduct

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload to the Service and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.

You are solely responsible for your use of the Service, and for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.

You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.

You may not use the Service to upload, transmit or link to Prohibited Content. Prohibited Content includes Content or other material that S is for Studio, Inc. believes:

Any breach or non-compliance of any of these User Conduct terms will entitle S is for Studio, Inc. to immediately and without notice (i) terminate any User account, which could result in the permanent loss of any data in the account and any Content uploaded by the User, and (ii) block you from any further use of the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis and annual basis. Our Basic and Pro plan subscriptions are for individuals only. Enterprise or high volume users must contact us for a custom solution. Click to view our current individual Subscription plans.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or S is for Studio, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting S is for Studio, Inc. customer support team. Canceled Subscriptions will remain active until the end of the current Billing Cycle. See our Refunds section below for more details on refunds/credits.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide S is for Studio, Inc. with accurate and complete billing information including full name, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize S is for Studio, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, S is for Studio, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Access to your online account will be restricted until a new valid payment method is provided.

Refunds

Certain refund requests for Subscriptions may be considered by S is for Studio, Inc. on a case-by-case basis and granted in sole discretion of S is for Studio, Inc..

Some examples when full refunds will be granted:

Some examples when partial refunds/credits will be granted:

Please contact us at support@reelcrafter.com to discuss refunds and/or credits on your account.

Free Trial

S is for Studio, Inc. may, at its sole discretion, offer a Subscription with a free trial with advanced features for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

At any time and without notice, S is for Studio, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Paid Account Restoration

Upon Subscription cancellation, all data associated with a paid account will remain available on the ReelCrafter servers for a limited amount of time. All live reel URLs will become inactive immediately upon cancellation. Once the data has been removed from our servers it cannot be recovered and accounts cannot be restored. Returning customers will need to create a new account if they decide to continue using the Service in the future.

Abandoned Free Accounts

If you do not access your Free account by ‘logging in’ to your account for any consecutive period of 180 days your account will be deemed ‘Inactive’.

Once your account has been deemed Inactive we reserve the right to delete any data associated with your Free account from the ReelCrafter servers. Inactive accounts may be removed without notice. Inactive users will need to create a new Free account if they wish to continue using the Service after data removal.

Fee Changes

S is for Studio, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

S is for Studio, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Content Uploaded and Shared by Account Holders

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

Non-Disclosure Agreements (NDA) – You are responsible for any Content you post that is currently under NDA. Live Reels that are not password protected and can be accessed by anyone with the URL. The Service does not actively monitor the Content you post. If you require technical assistance in relation to any Content under NDA, please make the Service aware so we can take appropriate action (i.e. signing an NDA) before accessing your Content.

By posting Content on or through the Service, You represent and warrant that: (a) the Content is yours (you own it) and/or you have permission from the author, owner or copyright owner to use the Content and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity; (c) such Content complies with these Terms and does not contain any defamatory or libelous material; (d) such Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such Content in the manner contemplated by the Service and these Terms.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

S is for Studio, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of S is for Studio, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@reelcrafter.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our Copyright Agent via email at dmca@reelcrafter.com

Intellectual Property

The Service and its original content (excluding Content provided by users), text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, and other files are and will remain the exclusive property of S is for Studio, Inc. and its licensors. The Service is protected by copyright and other laws of both the United States and foreign countries. Our original content and trade dress may not be used in connection with any product or service without the prior written consent of S is for Studio, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by S is for Studio, Inc..

S is for Studio, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that S is for Studio, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless S is for Studio, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall S is for Studio, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; any content obtained from the Service; unauthorized access, use or alteration of your transmissions or content; any conduct, omission or content of any third party including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system; or any circumstances beyond S is for Studio’s control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services), whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

S is for Studio, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms of Use, please contact us.

ReelCrafter / S is For Studio, Inc.
info@reelcrafter.com
801 Adlai Stevenson Drive
Springfield, IL 62703