1. Via installing the “Templify” app (the “App”) you agree with Ekreative LLC (“we” or “us”), a company registered in Wyoming, USA whose registered office is 30 N Gould St Ste R, Sheridan, WY, USA, 82801 to abide by these terms and conditions.
2. All copyright in the App belongs to us. You may not yourself or allow third parties to make or distribute copies of the App, attempt to copy, reproduce, alter, modify, transform or reverse engineer the App or its contents.
3. The trademark “Templify” and the logo associated with it, together with the design of all screens employed by the App (the “Marks”) belong to us. You may not yourself or allow third parties to copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Marks without our prior written consent.
5. We have taken and shall take reasonable care to ensure that the App performs all functions identified in it and does not interfere with your intended or desired use of any mobile device on which it is installed other than in the ways that it identifies. If the App does interfere with your intended or desired use of a device in any other way or ways: (i) we shall have no liability at all unless you establish that we have failed to take reasonable care to avoid such interference; and (ii) we shall have no liability in any event for any indirect or consequential loss, including (without any sort of limitation whatsoever) economic loss, loss of profits, loss of opportunity or loss of goodwill or reputation.
6. We shall have no liability in relation to any failure by the App to generate or export a video or for failure of any functions of the App. We shall have no liability in relation to any errors, omissions, mistakes or inaccuracies in the app or results that are obtained from use of the app.
8. If for any reason we do not enforce or rely on a right which we have pursuant to these terms or to the general law, such non-enforcement shall not constitute a waiver or abandonment of that right.
9. These terms are concluded between you and us. No other party shall have any rights in relation to them.
10. Except for disputes that can be brought in small claims court, all disputes between you and us, including any dispute regarding this Agreement, shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. Any such arbitration proceeding will be conducted solely in English.
These Terms are governed by the laws of the State of Wyoming without regard to conflict of law principles. If the arbitration in this section provision is found unenforceable or not to apply for a given dispute, then the proceeding must be brought exclusively in a court of Wyoming jurisdiction.
11. We may amend these terms from time to time. When we do so, we shall send you a message that an amendment has been made. If, following receipt of such message you continue to use the App, you will be deemed to have accepted such amendment. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Epidemic Sound – End-User License Terms
- Any use of Epidemic Sound’s music pieces and/or sound effects made available in the Templify App (the “Licensed Works”) by you as the end-user of the Templify App (“End-User”) is subject to these End-User License Terms. For the avoidance of doubt, if you have a subscription or otherwise have been granted a license directly from Epidemic Sound, such subscription or license might grant you additional rights, e.g. commercial use rights and the right to monetize on your content.
- Subject to the limitations and restrictions set forth below, you as the End-User are hereby granted a non-exclusive, non-transferable, and non-sublicensable license for your own personal, non-commercial use (meaning that you cannot use the Licensed Works in advertisements or otherwise to promote an organization or a brand, or any service or product):
- to make copies (including the synchronization right) of the Licensed Works for the purposes of including them, in whole or part, with your personal audiovisual productions (“End-User Productions”) during such time as such Licensed Works are available within the Templify App; and
- in perpetuity, to make any End-User Productions created in the Templify App containing any Licensed Works available worldwide within the Templify App and on your own social media channels.
- You may only use the Licensed Works under and subject to the rights and licenses granted under or in accordance with this Agreement, for the purposes of creating End-User Productions. All rights not expressly granted hereunder are reserved. In particular and without limiting the generality of the foregoing, you are not entitled to:
- use any Licensed Work in (i) TV shows, (ii) feature films or documentaries, (iii) radio/podcast productions or similar, (iv) vignettes/theme songs, (v) corporate identification material (meaning sound-logos) or (vi) advertisements/commercials (meaning productions published within paid media space, such as, but not limited to; TV/cinema/radio/podcast commercials, out-of-home displays, and online pre/mid/post-rolls);
- use any Licensed Work in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons or that constitutes disinformation; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the any Licensed Works or that otherwise violates any rights of anyone associated with the any Licensed Works and/or any third party. You shall comply with any applicable laws and regulations. Moreover, you may not use any Licensed Works in connection with sensitive subjects. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like;
- change or edit any Licensed Works or parts thereof, but you may cut and loop them, as well as fade in and out Licensed Works, as required for inclusion in your End-User Productions;
- make available, or in any other way exploit any Licensed Work:
- for the purpose of making the Licensed Work (in whole or in part) available on a stand-alone basis, hence without being synchronized with an End-User Production in accordance with the purposes of this Agreement, including, but not limited to, uses where complete or almost complete Licensed Works, on their own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as still image(s), panning motions or other limited animation/video/audio) or where the production is tantamount to use of the Licensed Works on a standalone basis, and/or uses of any Licensed Work(s) in an End-User Production for the purpose of creating a music listening experience;
- in any way that is intended to allow third parties to download and/or otherwise access or use the Licensed Works on a stand-alone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Works with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Licensed Works available in any physical products (e.g. in speakers); or
- in any way to repackage the Licensed Works or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems for any purpose and/or in any way use, distribute or otherwise exploit the Licensed Works your property.
- incorporate the Licensed Works in End-User Productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party; or
- incorporate any End-User Production containing any Licensed Works in a software application or video game.
- All rights and licenses granted hereunder are non-exclusive, non-transferable, non-assignable and non-sublicensable.
- When making End-User Productions available to the public you must provide credits – to the extent reasonably possible, in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers – in a form substantially similar in form and substance to the following: “Artist’s Name / Title of Music Pieces / courtesy of www.epidemicsound.com”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.
- You acknowledge and agree that you may not allow and receive remuneration from the display of advertisements, premium pro-rata revenues or other substantially similar forms of monetization, in connection with making available the End-User Productions on social media or other platforms, such as YouTube, offering such possibility (i.e. monetize). Epidemic Sound, as a third-party beneficiary to this Agreement, has the sole right, during and after the term of this Agreement, to monetize on End-User Productions on all channels and platforms. This means that when making your End-User Productions available, you may receive a monetization claim from Epidemic Sound, and you undertake not to dispute such claim. If you wish to be able to monetize your productions, you can find other licenses on the Epidemic Sound website.
- Limitations of Liability. Templify and Epidemic Sound’s total aggregate liability to you arising from your use of Licensed Works shall be limited to USD ten thousand ($10,000). FOR CLARITY, YOU UNDERSTAND AND AGREE THAT THIS CAP SHALL EXTEND TO EPIDEMIC SOUND AB AND ITS AFFILIATES, WHICH ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE TERMS AND CONDITIONS OF YOUR LICENSE TO THE LICENSED WORKS.