RollOut is owned and operated by RollOut (TME Ventures LTD.) and its affiliates ("Company" or "we"). We welcome you to RollOut, an application available as a service online at www.RollOut.com/site/terms ("Website") allowing people to create their own video clips easily online (together shall be referred as "RollOut"). Each of RollOut' users ( "User" or "you") is invited to enjoy RollOut in accordance with the terms and conditions hereunder.
1. ACCEPTANCE OF THE TERMS
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: /site/terms
By connecting to, accessing or using RollOut, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using RollOut.
2. WHAT IS RollOut?
RollOut is a technological platform allowing you to upload to the Website a short footage which you have filmed and recorded at home or anywhere else through your mobile device, including a compatible sound track ( "Your Footage"), create your own video clip by using RollOut application ("Application") and share it with friends and the World Wide Web. You do not need to know anything about video-editing. You only need to upload Your Footage, and our Application will automatically create for you a complete video clip, using variety of visual and audio effects and designs and other editing features available uniquely on RollOut; all will be embedded on your video clip, in similar to a real video clip editor. Now your video clip is ready for sharing. RollOut enables you to share your video clip on Youtube, Facebook, Twitter or otherwise online. Note that your video clip will be shared and displayed to others according to your privacy preferences, namely: to all Internet users or only with the ones you have chosen.
By uploading Your Footage and other materials to RollOut, you hereby represent and warrant that you are the sole owner of Your Footage, including its soundtrack, and any copyright and other intellectual property rights related thereto under United States laws and other applicable laws. You further represent and warrant that Your Footage, including its soundtrack, does not infringe upon any third party's rights, including copyrights and/or privacy rights and that you are solely responsible for Your Footage and any other User Generated Content (as defined below) you upload to RollOut and the consequences of posting or publishing such material in any way.
3. CONNECTING TO RollOut
To become a registered User on RollOut, you may either have an active Facebook account or open a registered RollOut account directly on the Website.
If you have a Facebook account, then on your first connection with RollOut you will see a "Request for Permission" to which you will have to consent by clicking the "Allow" button. From now on you are registered to RollOut. Welcome!
You must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the services on RollOut and to contact you when necessary.
You will be able to edit your personal account information at any point. Note that part of the information included in your account may be public and therefore visible to other Users over RollOut. Therefore, to protect your privacy, please avoid from disclosing any personally identifiable information.
When you first access RollOut, you may view a ‘how-to’ instruction video. Please note that this video is very important as it will instruct you how to use RollOut.
The registration and use of RollOut is free of charge. However, we may decide to charge registration fees or to convert a certain free of charge service to a fee based service on RollOut in the future. We will post a prior notice on VideoSeals once we decide to charge any fees for our services.
6. USAGE RESTRICTIONS
There are certain conducts which are strictly prohibited on RollOut. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to RollOut and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
· Use RollOut for any illegal, unlawful or unauthorized purposes;
· Allow access to your account to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors;
· Upload, post, transmit, distribute, display or otherwise make available through or in connection with RollOut any content, including Your Footage and other User Generated Content, which may infringe third party rights, including any Intellectual Property rights and privacy rights, or which may contain any unlawful content;
· Use RollOut in any form of spam, unsolicited mail or similar conduct;
· Interfere with or violate Users' rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access RollOut and retrieve, index and/or data-mine information;
· Post, publish, or otherwise make available through RollOut any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
· Interfere with or disrupt the operation of RollOut or the servers or networks that host RollOut, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
· Impersonate any person or entity or provide false information on RollOut, whether directly or indirectly;
· Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business or any statement you make, or present false or inaccurate information about RollOut;
· Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
· Bypass any measures we may use to prevent or restrict access to RollOut;
· Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of RollOut in any way;
· Create a browser, frame, border environment or GUI around RollOut.
7. INTELECTUAL PROPERTY RIGHTS
RollOut and the Intellectual Property rights pertaining thereto (other than User Generated Content) including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of RollOut), visual and audio effects, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions.
7.1 RollOut allows you to upload, post, publish and make available through it, your own copyright-protected or copyrightable materials such as Your Footage and other proprietary materials, including without limitation links to such copyright-protected or copyrightable materials (the "User Generated Content")
7.2 As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way.
7.3 You represent and warrant that you either own, or have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable RollOut to use your User Generated Content.
7.4 You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with RollOut. Without derogating from the above, you represent and warrant that your User Generated Content will not: (i) 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, color, religion, age, disability or sexual orientation; (iii) contain sexually suggestive, including porn or pedophilia content; (iv) disparage or defame the Company or any third party; (v) contain any virus, worms, Trojan horses and other disabling or damaging codes; or (vi) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction . Company explicitly reserves the right to remove the User Generated Content without a prior notice, at its sole discretion.
7.4 You understand and agree that any User Generated Content that you wish to upload or post on RollOut may not be posted on RollOut indefinitely. We may also delete User Generated Content after a certain period of time from initial posting, at our sole discretion. Consequently, you might not find User Generated Content that you or any other User previously uploaded to RollOut, and you shall have no claim or argument against RollOut in this respect.
7.5 When you upload, post, publish or make available User Generated Content on RollOut or use such User Generated Content via RollOut, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public and perform that User Generated Content in connection with RollOut, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
8. USER REPRESENTATIONS AND UNDERTAKINGS
8.1 As a condition for your use of RollOut, you hereby represent and warrant that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use RollOut in accordance with these Terms, and to fully perform your obligations hereunder; If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms; The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and you will not infringe or violate any of the Terms.
8.2 You acknowledge and agree that: Company may remove any User Generated Content and/or discontinue your use of RollOut in its sole discretion with or without any reason; The Company may integrate commercials and advertisements, whether within or beside RollOut. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
9. TRADEMARKS AND TRADE NAMES
"RollOut", Company's logo and all other proprietary identifiers used by the Company in connection with RollOut (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on RollOut belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
10. LINKS TO THIRD PARTY WEBSITES
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside RollOut. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
RollOut' availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that RollOut will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
13. CHANGES TO RollOut
The Company may change RollOut' layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on RollOut. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
14. CHANGES AND/OR CANCELLATION OF USER ACCOUNT
If you have registered directly to RollOut, you may change, edit, correct or delete any and all information included in your personal account, at any time. For the cancellation and removal of your account from RollOut and on any matters that extend the usual management of your account please contact support@RollOut.com
15. AMENDMENTS TO THE TERMS
You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use RollOut after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
16. ACCOUNT AND SERVICE TERMINATION
At any time, the Company may block your access to RollOut and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner. Additionally, the Company may at any times, at its sole discretion, cease the operation of RollOut or the Application or any part thereof, temporarily or permanently, without giving any prior notice and without saving any back-up of any of the User's clips or other User Generated Content. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of RollOut' operation and loss of any data, including User Generated Content, as a result.
17. DISCLAIMER AND WARRANTIES
RollOut, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT RollOut WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO RollOut AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF RollOut, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF RollOut, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH RollOut, INCLUDING FOR YOUR FOOTAGE AND YOUR FOOTAGE'S BASED VIDEO CLIP. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT.
18. LIMITATION OF LIABILITY
THE USE OF RollOut IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF RollOut, OR THE USE OR INABILITY TO USE RollOut, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO FIVE US DOLLARS ($5).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of RollOut; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to RollOut. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
20. COPYRIGHT AGENT
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached via email at support@RollOut.com
21.1 These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
21.2 Any claim relating to RollOut or its use thereof will be governed by and interpreted in accordance with the State of Israel.
21.3 Any dispute arising out of or related to your use of RollOut will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of city of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
21.4 If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
21.5 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
21.6 These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.