Updated 16 July 2021
The Terms of this Agreement apply to all Users of the site, including but not limited to social media managers, designers, creative directors, sales reps, photographers, entrepreneurs, business owners, shareholders, officers and managers, and all others using the system to create, edit, post, share, collaborate or comment on design content or any other person or entity using the system for any reason.
Picovideo may change, amend, or update these Terms at any time and without prior notice. It is your responsibility to check the Terms of Service periodically for changes. All amendments to these Terms are automatically valid and enforceable at the time when first posted on this Site.
If you are a designer wanting to sell Premium Content (templates) on Picovideo, you may apply to be a Picovideo Premium Designer by emailing firstname.lastname@example.org for Marketplace Terms included in a separate Premium Designer License Agreement.
This Agreement also contains an Agreement to Arbitrate that determines how claims against the Company will be resolved. Arbitration requires you the User to submit claims to binding and final arbitration. Under the paragraph ‘Agreement to Arbitrate’, below, you will:
Please read these Terms carefully. Terms provide the agreed conditions for lawful, acceptable, and respectful use of and conduct of users of the Service. By using, or submitting Content to the Service you (the ‘User’) agree that you have read, understand, accept, and agree to abide by these Terms.
By using Picovideo (the ‘Service’ or ‘Services’), you understand and agree to the following:
To foster an open and respectful Service platform, you agree that your communications and the Content you post on Picovideo must:
Whenever you upload Content to the Service, or make contact with other Users of the Service, you must comply with all the terms of this Agreement. You warrant that any such contribution does comply with this Agreement, and you indemnify Picovideo for any breach of warranty or Service.
Subject to the terms of this Agreement, you are granted a revocable, non-exclusive, limited, non-transferable, license to use the Service subject to all of the associated Terms of this Service including the Content licensing terms outlined below. By using Picovideo, you understand and agree and provide your full consent to the following:
Users of the system must be able to legally contract for themselves or the entity they represent and make a binding agreement with the Company and represent they will be compliant with these Terms and the associated local, state, national, and, if applicable, international laws and regulations.
Minors aged 14 through 18 years may use the Service provided they get permission from a legal parent or guardian before using any part of the site or Service. Permission for a minor to use the site may only be granted in writing by sending an email to email@example.com . Minors 13 years of age and under may not use Picovideo.
You may not use someone else’s account without permission. You may not allow others to access or use the Service using your account credentials (your username and password). If you do discover someone else is using your account, you must notify Picovideo of the unauthorized use of your account by sending an email to firstname.lastname@example.org. Picovideo is not responsible or liable for any losses caused by any unauthorized use of your account.
You may combine, edit, modify, enhance Content using your own ideas, skill and talents or otherwise manipulate Content through the use of the Service to create derivative works referred to as Customized Content. These works may be substantially different in scope and use than the original Content. All Customized Content is subject to this Terms of Service Agreement.
Picovideo has two categories of Content, one termed ‘Public’ Content and the other termed ‘Private’ Content. Within the category of Content there are two formats: 1) Content Templates (defined as the combination of video, and or layered video or images and design elements used to create Customized Content) that may be edited and re-mixed, added upon, downloaded and saved, and 2) ‘Published’ Content that are the result of editing Content Templates and saving, downloading, or posting the final “End Result” video as ‘published’ video, usually in video file formats. Once posted, or downloaded, published Content may not be easily edited by the Service.
‘Public’ Content ‘Templates’, are defined as complete design Templates available from Picovideo, other Picovideo Users or Third Parties or other Content Template ‘Owners’ used to create Custom Content. Public Content Templates may include actual Content you are using from the Picovideo Public Template library or are Templates from existing Public or Public License Content that you want to be available for use on Picovideo as Content Templates.
‘Private’ Content, is defined as Licensed Content (either Published Content or Content Templates) of any original Content you have licensed or designed or have had created as work for hire that is used on the Service. Private Content may be saved as Content Templates, exported as Published Content, or automatically posted as videos on social media platforms that have been created, imported or edited under the Picovideo Pro Service.
If you have subscribed to Picovideo Pro, the fee-based version of the Service, you agree to the pricing and payment terms at the time of the subscription acceptance until the Service is cancelled. The Service Cancellation process is stated below. Services, fees and features may change on the Service at any time. Changes to the pricing of your subscription plan will occur after you receive a 30 day notice of such a change.
You may cancel the use of the Service at any time by emailing us at email@example.com from the email address associated with your Account. Include the word “CANCEL” in the subject line of the message. After confirming you are the Account owner we will remove your Account, Content, messages, including all social media conversations and login information from our records and will only continue to retain such information as required by law.
There are no refunds for cancellation. For technical reasons, Content you delete may persist for a period of time in archive or backup software. In the event that Picovideo terminates your account you understand and agree that you shall receive no refund on your subscription.
We reserve the right to terminate the Service at any time by providing an email notice of such termination. Termination may occur if:
We also may terminate your Service for any other reason or no reason, at our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Indemnification. You agree to indemnify and hold harmless Picovideo / Storyline Media, LLC, and their directors, officers, managers, employees, agents, investors, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Security Incidents. In the event that stored User data is disclosed to or accessed by an unauthorized party, Picovideo will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User data, you will be responsible for the timing, Content, cost and method of any such notice and compliance with such laws.
Information Disclosures. You agree that by using the Service, you provide your consent to disclose any gathered personal information to federal, state or local government organizations by directive, executive order, subpoena or force of law. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site is defamatory of them, a violation of their intellectual property rights, or of their right to privacy.
You may receive SMS/text messages from Picovideo about topic-specific alerts for new or updated Picovideo or Third party Content as well as for new products and services. Consent to receive text messages is not required as a condition of using the Service. By subscribing to this Service, and setting up your Preferences and Feeds, you agree to receive text messages from Picovideo to your phone number for the mobile number provided, and you represent that the mobile number you provided, either on behalf of yourself or that you add to receive alerts as part of your organization’s account, is correct and that you are authorized with express written consent to enroll the mobile phone number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates may apply. The text messaging may not be compatible with all mobile phone models. Picovideo is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from text messages at any time reply STOP to any text message you receive from Picovideo. After such a request to unsubscribe, you acknowledge and agree you may receive one final text message confirming your request. Unsubscribing from promotional and topic-specific text messages will not prevent Picovideo from sending you text messages for authentication and security purposes.
By using Service, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
Furthermore, you understand and agree that:
Picovideo/Storyline Media LLC will not be liable for any direct, indirect, incidental, physical, psychological, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, information, changes, data loss or corruption, cancellation, loss of access, in availability of or downtime of the Service to the full extent that applicable limitation of liability laws apply.
All materials contained in the Service are the copyrighted property of Picovideo dba Storyline Media, LLC. or its subsidiaries or affiliated companies and/or third party licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.
Picovideo complies with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of information or of copyrighted material on the Service, please send a notice to firstname.lastname@example.org
You as a User agree that all disputes or claims that you have against the Company will be resolved exclusively through final and binding arbitration rather than in a court of law, and your claims in such court will only be for on an individual (non-class, non-representative) basis and may not be consolidated or join to more than one person’s or party’s claims. Also, the arbitrator(s) may award relief only in favor of the individual party seeking relief. Any award from such arbitration cannot affect other User claims.
The arbitration will be conducted by the American Arbitration Association ( the "AAA") procedures, as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail or acknowledged email (with a reply back) via sending a formal ‘Notice of Dispute’. If the User has a dispute with Picovideo this notice may be sent to the contact information below. The information included in the notice must include a description of the nature and basis of the claims the User is asserting and the relief sought. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration.
If you and Picovideo are unable to resolve the claims described in the notice within 30 days after the notice is sent and acknowledged, either party may initiate arbitration proceedings. The AAA form for initiating arbitration proceedings must be used and is available on their website at www.adr.org.
Location of the arbitration shall be held in Salt Lake County, Utah or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone, video conference or based solely on written submissions, which election shall be binding on both parties subject to the decision of the arbitrator(s). Any settlement offer made by you by Picovideo shall not be disclosed to the arbitrator(s). The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered by the court having jurisdiction.
If a judge or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a judge or court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms
This Agreement and the associated licenses and rights granted may not be transferred or assigned by the User or any User entity. Any attempted transfer or assignment of this agreement shall be null and void. Picovideo may assign or transfer this agreement to a third party without restriction.
UNLESS OTHERWISE EXPRESSED, STORYLAVA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Service is controlled by Picovideo from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. By accessing Service, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: email@example.com
Disclosures for California Residents. The Service is offered by Picovideo located at 8850 S. 700 E. #81, Sandy UT 84070, and can be reached via email at firstname.lastname@example.org. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.