Terms of use
By accessing or using the Videomarketing.sg website, the Videomarketing.sg service, or any applications (including mobile applications) made available by VideoMarketing (together, the "Service"); however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by FairCo Pte LTd. ("FairCo"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. These terms are such that are to be also added to the individual orders of services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FAIRCO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

You must be at least 18 years old to use the Services we provide. You are responsible for keeping your password secret and secure. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or FairCo. You must not change, modify, adapt or alter the Service of FairCo. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other FairCo terms. Violation of these Terms of Use may, in FairCo's sole discretion, result in termination of your FairCo account, inquiry or order. You understand and agree that FairCo cannot and will not be responsible for the Content sent to videomarketing.sg for providing the Service(s) and you use the provided Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for FairCo, we can stop providing all or part of the Service to you and keep you reliable for the damages caused to FairCo. The Copyright is a serious right that shall be followed so we encourage all of our customers to provided copyrighted materials, you may need to understand more on copyrights please read the Copyrights segment of this Terms and Conditions.

General Conditions

We reserve the right to modify or terminate the Service or change the price of the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your FairCo account by logging into the Service and completing the form available. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by sending you an email, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services again. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. We reserve the right to refuse to provide the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username or Service request for any reason. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You agree that you are responsible for all data charges you incur through use of the Service.

Copyrights & Trademarks

VideoMarketing hereby reserves the rights, to all of its copyrights and trademarks. Vinja, VinjaToons, VideoMarketing, VideoPlus, Video+ are trademarks and copyrights of VideoMarketing. In its publication(s) whether it is stated or not, VideoMarketing reserves the rights to all its content to be disclaimed with the following “© 2015 FairCo Pte Ltd. This work is protected by copyright and you may not copy, distribute, or modify it. Failure to comply exposes you to legal action for copyright infringement.”

VideoMarketing providing video animations to its customers, all the designs, parts and whole, elements graphics are copyrighted materials, designed, provided by VideoMarketing.

Animations

The different types of animations the site provides are:
  1. Express animations, or automated animations
    1. Animations that are produced by the system in minutes for the use of the subscriber to share, view and send to friends and family a particular customized online message in a format of a neat animation.
    2. The Express animations are to be rendered on our servers and to be viewed only on our servers.
    3. These animations are only licensed for users of the website to use, a user is not entitled to download, reproduce, copy or use these express animations without the written permission of VideoMarketing at any time, in parts and as a full neither. These animations are licensed to be only viewed on the websitewww.videomarketing.sg
    4. In the event of suspicious activity that may circumvent 1.1.3. within the Animations Paragraph of this document, VideoMarketing reserves the right to cancel the subscription of the Subscriber with immediate effect, without any reasoning. In such case the Cancellation terms of such account apply according to the Subscription agreement signed throughout the subscription.
    5. Any suspicious activity may result on sanctions and deletion of the animation.
  1. Normal Animations
    1. Normal animations are licensed to download for Subscribers at any time, as many times as they wish to.
    2. These animations are only available with a login account, and cannot be shared or viewed by third party on our sites.
    3. These animations are to be downloaded and copyrighted to our Subscribers who ordered such, and free to use worldwide.
    4. Such animations are to be find under different categories in or Online Store, and it shall be ordered separately.
Viewing, sharing and providing Animations

Our websites provide different types of animations that can be found in the animation types sections. These animations can be in some cases viewed directly from our servers, or shared with friends, family and clients. These animations are normally automatically generated ones. The more sophisticated animations are to be only download and distributed by the subscriber in need. Animations that are shared and viewed on our websites may be subject of restriction as described under the Paragraph Animations in this document. Express animations are to be viewed only on our websites, no recordings or reproduction allowed.

Rights

FairCo does not claim ownership of any Content that you provide through or for the Service. Instead, you hereby grant to FairCo a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide or local (depending on your requirements) license to use the Content that you provide to be able to provide the Service required. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that FairCo may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify additional paid services, sponsored content, or commercial communications as such. You represent and warrant that: (i) you own the Content provided by you for the Service requested or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the providing and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you provide on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. The Service contains content owned or licensed by FairCo ("FairCo Content"). FairCo Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and FairCo, FairCo owns and retains all rights in the FairCo Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FairCo Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FairCo Content. Although it is FairCo’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You agree that FairCo is not responsible for, and does not endorse, Content provided and used within the Service by you. FairCo does not have any obligation to prescreen, monitor, edit, or remove any of such Content provided. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, FAIRCO CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FAIRCO NOR ITS ASSOCIATED COMPANIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "VIDEOMARKETING PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FAIRCO CONTENT; (C) CUSTOMER OR USER CONTENT. IN ADDITION, THE FAIRCO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE FAIRCO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of Singapore. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with FairCo exclusively in a Singapore Court, and to submit to the personal jurisdiction of the courts located in Singapore for the purpose of litigating all such disputes.