Terms & Conditions of Use

As of August 20, 2019

1. Your Acceptance.

PLEASE READ THIS SUBSCRIBER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY [COPYMOTION LLC.] (“COPYMOTION”). BY SUBMITTING THIS FORM, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING AMENDMENTS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY COPYMOTION. COPYMOTION'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COPYMOTION, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. CopyMotion Site and Services.

CopyMotion is the owner and operator of the website at CopyMotion.com, and all linked pages unless otherwise indicated (the “Site”). Via the Site, CopyMotion offers proprietary, state of the art computer-vision video matching services (the “Services”), which permit searches of critical Internet video sites to identify the presence of copies/clips of your videos on those sites, and then allows you to take action if copyright infringement incidents are discovered.

3. Changes.

Although CopyMotion may attempt to notify you when major changes are made to this Agreement, either by posting a notice on the Site, or by sending you a notice via email or postal mail, you should periodically review the most up-to-date version at (http://www.copymotion.com/terms.php). CopyMotion reserves the right, at its discretion, to modify this Agreement at any time. If you do not agree to be bound by the changes, you should not proceed to use the Services. By continuing to use the Services after CopyMotion has posted any such changes in the Subscriber Agreement, you are agreeing now to be bound by all of the changes.

4. Account Registration and Security.

In order to access the video search features of the Site, you will have to create a CopyMotion account. You may never use another's account nor may someone else use your account, without CopyMotion's written consent. If you are a business, with many different video sites, you are permitted to use a single account to access and use the Services. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a any other person without appropriate authorization.

You are solely responsible for the activity that occurs on your account. You must keep your account password secure, and are responsible for maintaining the confidentiality of your password and account information. You must notify CopyMotion immediately of any breach of security or unauthorized use of your account. You are responsible for all activities that occur in your account and you agree to notify CopyMotion immediately of any unauthorized account use. Although CopyMotion will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CopyMotion or others due to such unauthorized use. CopyMotion reserves the right to refuse registration of, or cancel your User ID in its discretion.

5. Scanned Sites.

The Services include the continuous scanning of targeted websites to determine whether infringing copies of your copyrighted video materials are to be found on such sites (the “Scanned Sites”). The Site may contain, or direct you to third party websites that are not owned or controlled by CopyMotion containing, information that some people may find offensive or inappropriate. CopyMotion does not endorse, nor does it make any representations concerning any Content contained in or accessed through the Site or Services, and CopyMotion will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. By using the Site, you expressly relieve CopyMotion from any and all liability arising from your use of any third-party website.

6. Conditions of Use.

You may not use the Services for any unlawful purpose or for any purpose other than as expressly authorized herein. You warrant, represent and agree that you will not contribute, submit or make available through the Services, or use the Services in connection with, any Content (as defined below) that is infringing, libelous, defamatory, or otherwise violates any law or right of any third party.

You are responsible for all of your activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CopyMotion user. You shall not use any part of the Site or Services to violate, circumvent, disable or otherwise interfere with the security of the Site, the Content or its and affiliated computer networks, crack passwords or security encryption codes, or engage in any kind of illegal activity.

You agree to not engage in the reselling of the Services, including allowing third parties to use your account to employ the Services, and you further agree not to use, copy, or distribute User Submissions of third parties obtained through the Site, for any purpose whatsoever. The term “Content” as used in this Agreement means all materials (including, but not limited to text, graphics, images, illustrations, audio clips and video clips) displayed or performed on or accessible through the Site or Services, and specifically includes any video clips made available or submitted by you (“User Submissions”, as defined below), or any affiliate of yours using your account, to the Site so that CopyMotion can perform the Services.

7. User Submissions.

As a CopyMotion account holder you may submit video Content (“User Submissions”) to the Site in order that CopyMotion may use the User Submissions as the basis for determining the existence of Unauthorized Copies on Scanned Sites. You understand that whether or not such User Submissions are published, CopyMotion does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Services and this Agreement, including without limiting the foregoing the right to determine and identify the existence of infringing copies of your User Submissions on the Scanned Sites. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.

You acknowledge and agree that if you make available User Submissions using the Services, you grant to CopyMotion a non-exclusive, worldwide, royalty-free, transferable right to use the User Submissions (including all related intellectual property rights) in order to allow for effective performance of the Services. This license includes the right to create thumbnail images (“Thumbnail(s)”) of your User Submissions, and to display the Thumbnails to potential third party infringers of your User Submissions via the Site or notifications generated by the Site.

While CopyMotion permits some reasonable deletion and replacement of User Submissions, if CopyMotion perceives that your account is deleting and replacing videos at a rate or in a manner deemed unacceptable to CopyMotion, including the deletion of a User Submission and then replacing that same User Submission sometime later, CopyMotion may, in its sole discretion, terminate your account.

Upon termination of your subscription or this Agreement, CopyMotion shall have the right to retain copies of your User Submissions for as long as reasonably necessary to assist CopyMotion in its efforts to continually improve the copy matching ability of the Services. Notwithstanding the foregoing, all retained User Submissions shall continue to be subject to the confidentiality terms of this Agreement.

8. Right to Notify Potential Infringers.

In the event CopyMotion discovers Unauthorized Copies of your User Submissions on the Scanned Sites, CopyMotion will notify you of such Unauthorized Copies, including posting thumbnails of the Unauthorized Copies on your personalized section of the Site. You acknowledge and agree that CopyMotion shall be authorized by you to notify the Scanned Sites of their potential possession of the Unauthorized Copies.

9. Service Interruptions.

You acknowledge and agree that while CopyMotion shall endeavor to operate the Site and Services without interruption, service downtime may occur due to routine maintenance, upgrades or technical difficulties. CopyMotion shall endeavor to plan any scheduled downtimes during off-peak hours.

10. Service Levels.

CopyMotion's ability to identify Unuathorized Copies on Scanned Sites is limited by the quality of the User Submissions that you submit. In the event that the Services misidentify videos on Scanned Sites as Unauthorized Copies when they are not, or the omissions of actual Unauthorized Copies from search results, CopyMotion shall use such results to improve the proprietary search technology underlying the Services. You acknowledge and agree that, while CopyMotion endeavors to provide rapid delivery of the search results associated with the Services, CopyMotion cannot guarantee the turn-around time for use of the Services, including any matching searches for Unauthorized Copies.

11. DISCLAIMERS.

By using the Site or Services, you understand that there may be copies of your User Submissions on the Internet or elsewhere that are not reported in the search results. CopyMotion is not liable for any omission or inclusion in the search results provided by the Services. YOU AGREE THAT YOUR USE OF THE SERVICES AND SITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED “AS IS”. NEITHER COPYMOTION, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, “COPYMOTION”) WARRANT (I) THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RELEVANCE OF THE SITE OR SERVICES IN SEARCHING AND ANALYZING THE SEARCH RESULTS OF THE SCANNED SITES, INCLUDING ERRORS OR OMISSIONS IN THE SEARCH RESULTS RESULTING IN MISIDENTIFICATION OF VIDEOS AS UNAUTHORIZED COPIES WHICH ARE NOT OR OMITTING UNAUTHORIZED COPIES FROM SEARCH RESULTS; (II) THAT ACCESS TO THE SITE AND SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; OR (III) THE NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES.

CopyMotion is not affiliated with any governmental or regulatory agencies and carries no formal legal authority. CopyMotion makes no claims that use of the Services have any legal effects. CopyMotion does not provide legal advice or make legal recommendations. CopyMotion is not liable for any actions or decisions taken by anyone based on results obtained through use of the Services. CopyMotion is not responsible for use of the Services by others, nor does it certify the ownership of any content that the Services are used to protect.

12. LIMITATION OF LIABILITY.

COPYMOTION SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL. IN NO EVENT WILL COPYMOTION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE RESULTS OF THE SERVICES. YOU AGREE THAT THE LIABILITY OF COPYMOTION, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO COPYMOTION FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

13. Indemnification.

You agree to defend, indemnify and hold harmless CopyMotion, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, due to or arising out of your use of the Site or Services, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property or other right of any person or entity. This defense and indemnification obligation will survive termination of this Agreement and your use of the Site and Services.

14. Fees and Payments.

If you are purchasing a CopyMotion subscription, it will renew and continue automatically, unless terminated by CopyMotion or until you notify CopyMotion of your decision to terminate your subscription by canceling your service on-line at the client support center. All subscriptions start the day you order the Services (and such day is included in the calculation of the termination periods). If there are any annual, monthly, or other periodic fees for your subscription, you authorize CopyMotion to automatically bill these fees to the credit card, depending on the type of charge card you designate during the registration process for the Services or subsequently designate at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.

CopyMotion outsources all online payment processing to Amazon. CopyMotion does not have access to credit card numbers and certain other payment information submitted to Amazon as a result of the online payment process. You agree to provide Amazon with accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services.

Payments for any billing cycle are due on or before the preceding billing cycle. In the event that payment is not timely made, CopyMotion reserves the right to charge a late fee of $35 in addition to your monthly subscription.

If you believe someone has accessed the Services using your username and password without your authorization, you must inform CopyMotion via the technical support page at http://www.copymotion.com/contact.php. You must contact CopyMotion via the technical support page at http://www.copymotion.com/contact.php about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to CopyMotion's attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

15. Cancellation.

CopyMotion may discontinue, terminate or change the Services, or its availability to you, at any time, although CopyMotion shall endeavor to notify you in advance of any termination to allow you to cure any defaults CopyMotion alleges under this Agreement. You may cancel your renewal of the Services at any time on-line at the client support center or by contacting CopyMotion at http://www.copymotion.com/contact.php. If you wish to cancel a subscription period that you have already paid for, you must contact CopyMotion on-line at the client support center of your account or by contacting CopyMotion at http://www.copymotion.com/contact.php. If you cancel your subscription you will not receive a refund for the period in which you cancel, but you will not be billed for any renewal periods. In the event you cancel your subscription in the middle of a billing cycle, you will still receive access to the Services for the balance of that cycle for which you have paid. Other than as explicitly set forth in this Agreement, all payments are non-refundable. All cancellation dates will be the date that your cancellation notice is received. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with CopyMotion. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the enforcement or application of this Agreement; (2) any Services performed by CopyMotion, including any search services of Scanned Sites for Unauthorized Copies; (3) your ability to access and/or use the Services; (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

If CopyMotion terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and CopyMotion reserves all other rights available to it for such breach.

16. Proprietary Rights.

The Content on the Site, except for User Submissions and other Content contributed by users to the Site, are owned by or licensed to CopyMotion, subject to copyright and other intellectual property rights under the law. CopyMotion is a trademark or registered trademark of CopyMotion LLC. CopyMotion actively protects all trademarks of CopyMotion or its affiliates. All other trademarks appearing on Services are the property of their respective owners. CopyMotion reserves all rights not expressly granted in and to the Site and the Content.

17. Compliance With Laws.

In your use of the Site and Services, you will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

18. Severability.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will not affect the validity of the remaining provisions of this Agreement, which will continue in full force and effect.

19. Choice of Law.

You agree that: (i) Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over CopyMotion, either specific or general, in jurisdictions other than California. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the California, as if the Agreement was a contract wholly entered into and wholly performed within California, without respect to its conflict of law principles. Any claim or dispute between you and CopyMotion that arises in whole or in part from your use of the Site or Services shall be decided exclusively by a court of competent jurisdiction located in Marin County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

20. Electronic Communications Privacy Act Notice (18 USC 2701-2711).

CopyMotion respects the privacy of its users and takes the privacy of all user information seriously. The email address you provide CopyMotion will be used exclusively for sending you search updates and other administrative information relating to your account. Your email address will not be given or sold to any third parties. NOTWITHSTANDING THE FOREGOING, COPYMOTION MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES.

21. Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of CopyMotion. CopyMotion may assign this Agreement without restriction.

22. Waiver.

You and Copymotion agree that any cause of action arising out of or related to use of the Site or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. Entire Agreement.

This Agreement, together with the Privacy policy at http://www.copymotion.com/privacy_policy.php and any other legal notices published by CopyMotion on the Site, shall constitute the entire agreement between you and CopyMotion concerning your use of the Site and Services. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.