巧影 (KineMaster)

Terms of Service (NexStreaming USA, Inc)

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KineMaster Terms of Service

These Terms of Service ("Terms", "Terms of Service", “Agreement”) constitute an agreement between you (“you” or “Customer”) and NexStreaming USA, Inc. ("us", "we", or "our", “NexStreaming”), and govern your use of the KineMaster mobile application (the "Service", or “KineMaster”) and the KineMaster Asset Store service (“Asset Store”).  Please read these Terms of Service carefully before using KineMaster. These Terms of Service apply to the iPhone and iPad versions of KineMaster and the Asset Store as accessed via the iPhone and iPad versions of KineMaster. Separate Terms of Service apply for versions of KineMaster on other platforms, and can be found at https://support.kinemaster.com/hc/articles/206376422

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who 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 may not access the Service.

This Agreement is concluded between NexStreaming and the Customer, and not with Apple, and NexStreaming is solely responsible for the Service and the content thereof. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary relating to your use of the KineMaster iOS app.

1. Definitions

1.1  “Asset” means any video, image, audio, animation, transition, filter, template, or effect provided by us for use in video projects in KineMaster, whether embedded in KineMaster or downloaded via the Asset Store or provided by any other means of distribution.

1.2 “Asset Description” means descriptive text that appears with an Asset in the Asset Store.

1.3 “Premium Asset” means any Asset which is marked as premium in the Asset Store and for which a specific license is not given in the accompanying Asset Description.

1.4 “Paid Asset” means any Asset which is marked with a purchase price in the Asset store and for which a specific license is not given in the accompanying Asset Description.

1.5 “Free Asset” means any Asset which is not a Paid Asset or Premium Asset and for which a specific license is not given in the accompanying Asset Description.

1.7 “Exported Video” means the resulting digital video file when you create an audio-visual project in KineMaster and export that project as a digital video file.

2. Disclosure, Validity and Amendment of Terms

2.1 We will disclose these Terms on the initial landing page or connecting page of KineMaster to help you to check these terms, together with the name, place of business, the name of representative(s), business registration number and contact numbers (telephone and facsimile numbers, email address, etc.) of NexStreaming.

2.2 We may amend these Terms to the extent permitted by the Regulation of Standardized Contracts Act, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., and any other applicable laws. If an amendment is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.

2.3 If any terms of these Terms are amended by us, all amended terms shall be effective by continuing to access or use our Service. If you do not agree to the new terms, please stop using the Service.

3. Intellectual Property

3.1 The Service and its original content, features and functionality are and will remain the exclusive property of NexStreaming and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Korea and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NexStreaming.

4. KineMaster Scope of License

Subject to the terms of this Agreement, NexStreaming hereby grants you a non-exclusive and non-transferable license (without right of sublicense) to use KineMaster on any iPhone, iPad or iPod touch that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

5. Restrictions on Use

You may not rent, lease, lend, sell, redistribute or sublicense KineMaster. You may not copy (except as expressly permitted by this agreement or the Usage Rules set for the in the App Store terms of service), reverse engineer, decompile or disassemble, or otherwise attempt to derive the source code of, reverse engineer, creative derivative works of, or circumvent the copy protection or payment validation technology of KineMaster, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with KineMaster, or with express written permission from NexStreaming. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by NexStreaming that replace and/or supplement the original KineMaster product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

6. Maintenance and Support

NexStreaming may, but is not obligated to, provide maintenance or technical support for KineMaster, except as provided herein. If you are a current, paid annual subscriber to KineMaster, NexStreaming will make a best effort to respond to your support requests within 10 business days  (excluding US and South Korean public holidays), but does not guarantee such support. If you are a current paid subscriber to the KineMaster Team product, NexStreaming will make a best effort to respond to your support requests within 3 business days (excluding US and South Korean public holidays). To be eligible for expedited support provided herein, you agree to request support by e-mail to the relevant e-mail address as provided herein: For KineMaster Team, team-support@kinemaster.com; for annual subscribers, priority-support@kinemaster.com; for monthly subscribers, pro-support@kinemaster.com; for all others, support@kinemaster.com. To the extent that any maintenance or support is required by applicable law, NexStreaming, not Apple, shall be obligated to furnish any such maintenance or support.

7. US Legal Compliance

You  represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Asset Store Scope of License

8.1 NexStreaming grants you a perpetual, non-exclusive, non-transferrable right to use, modify, and reproduce Assets as expressly permitted by the applicable license and subject to the limitations set forth herein.

8.2  SUBSCRIBER LICENSE

8.2.1  The Subscriber License applies to any Exported Videos produced in KineMaster while you are a current paid subscriber to KineMaster, and grants you the right to use both Free Assets and Premium Assets in said Exported Videos:

  1. a) As a digital reproduction in digital video form; or
  2. b) As part of a television or radio broadcast

8.3  NON-SUBSCRIBER LICENSE

8.3.1  The Non-Subscriber License applies to any Exported Videos produced in KineMaster while you are not a current paid subscriber to KineMaster, and grants you the right to use Free Assets in said Exported Videos:

  1. a) As a digital reproduction in digital video form; and
  2. b) For your own personal, non-commercial use only

8.4 LIMITATIONS

8.4.1 Notwithstanding the foregoing and without limitation, you may not:

  1. a) Use Assets other than as part of Exported Videos produced in KineMaster
  2. b) Use Assets other than as expressly provided by the applicable license
  3. c) Use Assets as part of a trademark, logo, service mark, or design mark
  4. d) Transfer, distribute, share, provide access to, sublicense, or resell Assets or any parts thereof, except as provided herein
  5. e) Falsely represent or imply that the Assets were created by any person other than the copyright holders.
  6. f) Use an Asset as part of an Exported Video where the Asset is the primary content.
  7. g) Use Assets in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal

8.5 Upon notice from NexStreaming or if you learn that any Asset is subject to claim of infringement or any other claim for which NexStreaming may be liable, you will cease any future use of the Asset at your own expense.

8.6 If you use an Asset in a context where copyright attribution is customary, you shall provide credit in substantially the following form:   

(Music/Images/Overlays/Visual Effects/etc.) courtesy of NexStreaming Corp.

(Produced/Edited) Using KineMaster

9. Payments

9.1 All payments are processed through the App Store, not directly by NexStreaming.

9.2 Except when required by law, NexStreaming shall be under no obligation to issue refunds under any circumstances.  NexStreaming shall determine whether to issue a refund based on the guidelines of the App Store, or at NexStreaming’s sole discretion if no relevant guidelines are not provided. If NexStreaming determines that you are entitled to a refund, such refund will be processed via the same payment provider that processed the original payment.

10. Links To Other Services

Our Service may contain links to third-party web sites or services that are not owned or controlled by NexStreaming. NexStreaming has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that NexStreaming 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 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.

11. Termination

11.1 Termination by you:

You may terminate these Terms at any time by notifying us of your intent to terminate it through the applicable service webpage.

You shall be solely responsible for any consequences arising out of a termination notice sent, and upon termination of these Terms, we may withdraw all benefits additionally granted to you by us.

11.2 Termination by us:

  1. We may terminate these Terms in the event of occurrence or finding the following:
            i) violation of, infringement upon or damage to the rights, reputation, credit or any    
              other interest of any third party, or breach of Korean laws/regulations or public    
              order and good morals;
           ii) obstruction of or any try to impede the proper processing of the Service
              provided by us
           iii) circumstances in which we find it necessary, in its reasonable judgment, to  
              refuse the provision of the Service
  1.    b)  If we terminate these Terms with you, we will notify you of its intent of termination

         by disclosing the reason(s) for termination by e-mail, by phone or otherwise.

         These terms shall be terminated at the time when we notifies you of its intent of

         termination.

  1.    c)  When these Terms is terminated pursuant to this Article, we may withdraw all

         benefits additionally granted to you by us.  

12. Term and Suspension of Provision of the Service

12.1 The term of the provision of the Service will begin from the date on which use of the Service are applied for, and ends on the date of termination of these Terms.

12.2 We may suspend its provision of the Service temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that a notice containing the fact and reasons for temporary suspension of the Service shall be displayed on the initial landing page of the KineMaster web site.

12.3 We may restrict or temporarily suspend its provision of the Service if it is unable to provide the Service due to an act of God or a force majeure event equivalent thereto.

13. Disclaimer, Product Claims, and Intellectual Property Rights

13.1 We expressly disclaim any and all promises or warranties of any kind regarding matters not set forth in the Terms of Service to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, NexStreaming, not Apple, shall be solely responsible for such warranty.

13.2 If we restrict or suspend the Service pursuant to Section 8.3, we shall on grounds of a force majeure event be released from any liability for damages.

13.3 We shall not be liable for any disruption or other interruption in the use of the Service that has arisen for a reason attributable to you.

13.4 In the event of any third party claim that video produced by you in KineMaster infringes that third party’s intellectual property rights, you, not NexStreaming or Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.5 NexStreaming, not Apple, is responsible for addressing any claims by You or a third party relating to KineMaster, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you or a third party may have any such claims.

13.6. In the event of any third party claim that KineMaster or the your possession and use of KineMaster infringes that third party’s intellectual property rights, NexStreaming, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, except as set forth in section 13.4 above.

14. Governing Law

Unless otherwise required by applicable law, these Terms shall be governed and construed in accordance with the laws of the State of California and the laws of the United States of America as applicable therein, without regard to its conflict of law provisions. Further, you and NexStreaming agree to the exclusive jurisdiction of the courts of the United States of America to resolve any dispute, claim or controversy that arises in connection with these Terms.

15. Consent to Use of Data

You agree that NexStreaming may collect and use technical and usage data and related information, including but not limited to technical information about your device, system and application software, and peripherals, to facilitate the provision of software updates, product support and other services related to KineMaster and the Asset Store. NexStreaming uses this data in a form that does not personally identify you. You also agree to the terms of the full KineMaster privacy policy, available at https://support.kinemaster.com/hc/articles/115000079081

16. Others

16.1 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.

16.2 These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16.3 Neither you nor us shall transfer any rights and obligations under these Terms to a third party without the express consent of the other party.

Contact Us

If you have any questions, complaints or claims with respect to the Service or the Asset Store, or to inquire about a license to Assets not otherwise provided herein, please contact us.

 

Contact information:

NexStreaming USA, Inc.

5200 Kanan Rd Suite 229 Agoura Hills, CA 91301.

legal@kinemaster.com

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