Terms of Service Archives
2020-09-08

 

A quick introduction

These Terms of Service establish expectations.

These Terms of Service define what you can expect from us as you use our Services and what we expect from you. They reflect our beliefs, the ways our business operates and the laws that apply to our company. They define our relationship with you as you interact with our Services.

By creating a Reel You account or by using Reel You, you agree to these Terms.

Understanding these Terms is important because, by downloading or using any Services, you are specifically agreeing to abide by and use our Services in accordance with these Terms at all times. Please contact us if you have any questions about the Terms of Service.

Terminology used in this policy.

When we say “Reel You,” “we,” “our,” or “us,” we’re referencing Reel You Inc. When we say “Service” or “Services” we are referencing all of our applications, features, software, services, functionality, support and website. When we say “Youser”, “Yousers”, “you”, or “your” we are referring to a user of our Services. These Terms of Service (also referenced as these “Terms”) apply to your use of any or all of our Services.

What you can expect from us

You can expect us to provide our Services.

We agree to provide you with the Reel You Services. The Services include all of the Reel You products, features, applications, services, technologies and software we provide to advance Reel You’s mission: to help everyone capture their story in a way that reflects their real life. Although we give you permission to use our Services, we retain all intellectual property rights we have in the Services.

You can expect us to improve our Services.

We’re constantly developing new technologies and features to improve our Services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our Services, and start offering new Services or stop offering old ones. We carefully consider your interests as a Youser, your reasonable expectations and the potential impact on you and others before making changes. We only change or stop offering Services for valid reasons, such as to improve performance or security, to comply with law, to prevent illegal activities or abuse, to reflect technical developments or because a feature or an entire service is no longer popular enough or economical to offer.

You can expect us to listen to your feedback. 

We always appreciate your feedback and ideas on how to improve our Services. If you choose to give us voluntary feedback with respect to the Services, such as ideas for brand new functionality or features, or suggestions to modify or improve our existing Services, we may use your feedback in any way we see fit without any restrictions or obligation to you.

You can expect Service-related communications. 

To provide you with our Services, we sometimes send you Service announcements and other information.

You can expect us to protect your privacy. 

Providing our Services requires collecting your information. Our Privacy Policy, which is fully incorporated by reference into these Terms, is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export and delete your information. You must agree to the Privacy Policy to use Reel You and we encourage you to read and understand it.

You can expect us to have your back.

Your moments are stored on your device and automatically backed up to our cloud so a memory never goes missing. Reel You automatically backs up 2GB of content per account. This provides a safety net for your moments in the unfortunate event you lose or destroy your device. We reserve the right to increase or decrease this storage amount or discontinue this service at any time. If you exceed 2GB of content, your content may not be backed up by Reel You. We have no obligation to store any of your content that you make available on our Services and no responsibility or liability for the deletion or corruption of content, accuracy of content, or failure to store, transmit or receive transmission of content.

You can expect our permission to use Reel You content.

Some of our Services include content that belongs to Reel You; for example, the visual illustrations you see in Reel You. You may use our content as allowed by these Terms but we retain all intellectual property rights we have in our content. Don’t remove, obscure, or alter any of our branding, logos or legal notices. If you want to use our branding or logos, please contact us.

You can expect our permission to use Reel You software as part of the Services.

Some of our Services include downloadable software. The license we give you is worldwide, non-exclusive, royalty-free, personal and non-assignable. You may not copy, modify, distribute, sell, or lease any part of our Services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.

You can expect us to foster a positive and safe environment.

Our Services intend to help you capture all of your moments that matter and reflect the real story of your life. Although every moment in life may not be about a positive experience, we try to provide our Services in a way that promotes a positive and safe environment. Fostering this environment may require us from time-to-time to have a closer look at Youser-generated content. You acknowledge Reel You has the right in its sole discretion, but no obligation, to pre-screen, refuse or remove any content.

You can expect us to take action.

We may remove your content or disable your account if we believe you have violated these Terms of Service, our other policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or Services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you infringe upon other people’s intellectual property rights, or where we are permitted or required to do so by law. Please contact us if you believe your account has been terminated in error.

What we expect from you

We expect you to meet your responsibilities in these Terms.

The permission we give you to use our Services continues as long as you comply with these Terms.

We expect you to be at least 13 years old.

Persons younger than 13 may not use our Services. If you are 13 or older, but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure you and your parent or guardian understand and agree to them.

We expect you to meet additional eligibility requirements.

In order to use our Services, you must not be prohibited from receiving any aspect of our Service under applicable laws and we must not have previously disabled your account for violation of law or any of our policies.

We expect you to provide accurate account information and keep it up to date.

We expect you to provide true, accurate, current and complete account information and maintain and promptly update the information to keep it true, accurate, current and complete. 

We expect you not to impersonate others.

You may not impersonate someone you are not. You can’t create an account for someone else unless you have their express permission or are an authorized representative of that person. Reel You accounts are intended for individuals and not intended for businesses, non-profits, schools or other organizations.

We expect you to respect others and take responsibility for your interactions.

Our Services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

  • Comply with applicable laws, including export control, sanctions and human trafficking laws.
  • Respect the rights of others, including privacy and intellectual property rights.
  • Don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm); for example, by misleading, defrauding, defaming, bullying, harassing or stalking others.
  • Don’t abuse, harm, interfere with, or disrupt the Services.
  • Don’t attempt to create accounts or collect information in unauthorized ways, including through automated means.
  • Don’t attempt to buy, sell or transfer any aspect of your account or another Youser’s account. Don’t solicit, collect, distribute, display or use login credentials of other Yousers.

While using our Services, you may interact with content provided by other Yousers. Reel You is not responsible for and does not control Youser content or conduct. We also aren’t responsible for services or features offered by other people or companies, even if you access them through our Services. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to content. You are solely responsible for your interactions with other Yousers of the Services; however, we reserve the right, but have no obligation, to intercede in disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions. You interact with other Yousers and their content at your own risk.

We do not own your content, but you grant us a license to use it.

Any and all text, photos, pictures, graphics, audio, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via our Services is generated, owned and controlled solely by you, and not by Reel You. We do not claim ownership of your content that you display, upload or otherwise publish on or through our Services, and you hereby expressly acknowledge and agree that your content remains your sole responsibility. Instead, when you share, display or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, and display your content. You can end this license anytime by deleting your content or account.

We expect you to take reasonable steps to keep your account secure.

We expect you to carefully choose your password and maintain the confidentiality of it. Best practices also include using biometric logins, logging out when you are not using the Services, and locking your device when you’re not using it. We recommend carefully sharing your moments as detailed in the “Sharing your information” section of our Privacy Policy.

You agree that we can download and install updates to the Service on your device.

Just as you expect us to improve our Services, we expect you to download and install updates to reflect the improvements we’ve made. When a Service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some devices let you adjust your automatic update settings.

How violations and disputes will be handled

What if you don’t agree to these Terms?

If you don’t agree to these Terms, you should remove your content and stop using the Services. You can also end your relationship with us at any time by deleting your Reel You account.

What if you violate these Terms?

Violation of any provision of these Terms of Service may result in immediate termination of your Reel You account and you may be prohibited from establishing any future account with us. We’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

  • cause harm or liability to a Youser, third party, or Reel You
  • violate the law or a legal enforcement authority’s order
  • compromise an investigation
  • compromise the operation, integrity, or security of our Services

If you don’t follow these Terms and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

What if someone else violates these Terms?

If you find that others aren’t following these rules, please “Report” the user(s) in question or contact us directly. If we act on a report of abuse, we also provide a fair process prior to taking action as described above. If you believe Reel You has not adhered to these Terms, please contact us and we will do our best to address your concerns.

What if one of the Terms is not valid or enforceable?

If it turns out that a particular Term is not valid or enforceable, this will not affect any other Terms.

We can’t guarantee our Services will work perfectly all the time. 

Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

What if something happens to the Service?

Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. Reel You shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, outbreak or continuation of contagious disease, or shortages of transportation facilities, fuel, energy, labor or materials. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be liable for any lost profits, revenues, information, loss or corruption of data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Privacy Policy, even if we are advised of such by anybody or know they are possible. This includes when we delete your content, information or account. Our aggregate liability arising out of or relating to these Terms will not exceed $50. You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. 

How will a dispute be handled?

The laws of the State of California govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between you and us, without regard to conflict of law provisions. 

  • If you are a Youser located outside of the United States or Canada, you agree that you and Reel You will resolve any claim relating to, arising out of, or in any way in connection with our Terms of Service, us, or our Services exclusively in the United States District Court for the Northern District of California or a state court located in Alameda County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the dispute. 
  • If you are a Youser located in the United States or Canada, you are required to submit to binding individual arbitration of all disputes, except those that involve intellectual property disputes and except those that can be brought in small claims court. This means you are waiving your right to have such disputes resolved in court by a judge or jury. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a dispute was filed for purposes of harassment or is patently frivolous. We and you agree that for any dispute we and you must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred and will be dismissed because it was started too late.
  • Are there alternatives to arbitration? If permitted by your local “small claims” court’s rules, you may bring your dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis. We and you each agree that bringing disputes against the other may only occur on your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated disputes involving any other person or entity in connection with any dispute. If you opt out of the agreement to arbitrate or if the arbitration agreement is found to be unenforceable, you agree to be subject to the same provisions set forth above as a Youser located outside of the United States or Canada.

More about these Terms

What are my rights?

By law, you have certain rights that can’t be limited by a contract like these Terms of Service. These Terms are in no way intended to restrict those rights. These Terms describe the relationship between you and Reel You; they don’t create any legal rights for other people or organizations. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others; for example, if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

When do these Terms take effect?

The Terms commence on the date you accept them and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.

These Terms apply to Services offered by Reel You.

These Terms don’t apply to services offered by other companies or individuals that may include Reel You Services or are linked from our Services. 

We change these Terms from time to time. 

We always indicate the date the last changes were published and we offer access to archived versions for your review. If changes are significant, we’ll provide a more prominent notice (e.g. email notification of Terms of Service changes).

You can contact us with questions.

Please contact us at info@reel-you.com.

Date of Last Revision:

September 8, 2020