We welcome and thank you for your interest in the ToMoviee AI("we") and our website, our related websites, apps, content pushed to other software/apps and other services we offer ("Services"). These Terms of Service are a legally binding contract between you and us regarding your use of the Services.
IMPORTANT: This Terms of Use is part of "Wondershare General Terms of Use". By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Specific Terms of Use , together with all the terms and conditions of " Wondershare General Terms of Use ".We may display the content shared by users in other software/applications,It is also possible to embed our sharing functionality into other software/applications. Since our services will use a large number of AI tools, you must also comply with the "Wondershare Generative AI Specific Terms".
We may change this Agreement from time to time and if we do, we will notify you by modifying the date at the top of the Additional Terms. In some cases, we may provide you with additional notice. You should check the principal regularly. Unless otherwise stated, amendments or modifications are effective immediately and your continued use of our Services and Software constitutes your acceptance of the changes.If you do not agree to the modification, you must stop using our Services and (if applicable) cancel your subscription.
1. User Requirements
You must be at least 18 years old to use the Services. If you are under 18 years old, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
2. User Content
2.1 General user content. Certain features of the Service may allow Users to submit, upload, Post, broadcast or otherwise transmit ("post") Content to the Service, including comments, photos, video or audio (including sound or sound recordings and music recordings embodied in video or audio), images, generated images, templates, data, text, cues and any other original or other work ("User Content").You retain any copyright and other proprietary rights you may have in the User Content you post to the Services, subject to the license granted in these Terms.
2.2 grant us and our partners a limited license to content you post through our Services. By publishing User Content on or through the Service, you grant us a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense at multiple levels) to host, store, transmit, publicly display, publicly perform (including via digital audio transmission), disseminate to the public, reproduce, modify for display format, authorize the creation of derivative works and the distribution of all or part of your User Content in any media format and any media channel (whether now known or hereafter developed) under these Terms.You agree to pay all amounts owed to any person or entity in connection with the posting of your User Content and our exercise of the license under this section. You agree that if you post any User Content in the Services, your User Content may be viewed by other users, and you hereby grant each user a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license,To use, display, publish, copy, distribute and make derivative works of that User Content through the Services.
2.3 User Content Declaration and Warranties. You must own the rights to the content you post. You may not post User Content if you are not the owner of all elements of the User Content described in these Terms, or if you have not been granted full authorization to grant rights. We do not assume any and all liability in connection with User Content. You shall (I) your User Content and the consequences of providing User Content through the Services,And (ii) are solely responsible for all license terms relating to the User Content. By providing User Content through the Services, you acknowledge, represent and warrant to us that:
(a) yo uare the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize US and users in the manner contemplated by us, the Services and these Terms;
(B) your User Content and the publication or other use of your User Content as described in these Terms will not: (I) infringe, infringe, misappropriate or otherwise infringe any third party rights, including any copyright, trademark, patent, trade secret, moral right, right of privacy, publicity or any other intellectual property, contractual or proprietary right;(ii) defamation, libel, defamation or infringement of the privacy, publicity or other property rights of any other person; Or (iii) cause us to violate any law or regulation or require us to obtain any further license from any third party or to pay any royalty, fee, compensation or other amount or to provide any vesting to any third party;And
(c) No reasonable person can consider your User Content to be offensive, profane, obscene, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
2.4 user content disclaimer. We have no obligation to edit or control the User Content posted by you or other users and are not responsible or liable in any way for the User Content. However, we may, at any time and without prior notice, screen, remove, edit or block any User Content that, in our sole discretion, violates these Terms, is suspected of infringing the rights of third parties or is otherwise objectionable.You understand that in using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate or objectionable.
2.5 content moderation. We do not control and have no obligation to monitor:(a) User Content; (B) any Content provided by third parties; Or (c) User usage of the Services. However, we may from time to time monitor any and all information transmitted or received through the Services for operational and other purposes and, in our sole discretion, review all User Content on the Services.If we choose to monitor or review content at any time, we shall not be liable or liable for the content or any loss or damage arising from the use of the content. During monitoring, information may be checked, recorded, copied and used in accordance with our Privacy Policy (defined below).
If someone notifies us that the user content is suspected of not complying with the terms of the user agreement, our Services policy or does not comply with the requirements of laws and regulations (illegal content), we have the right to decide whether to delete the user content after evaluation, and we reserve the right to delete the user content at any time without notice. We may block, filter, delete or block access to any User Content uploaded to or transmitted through the Service,Without liability to the user or any other user who posts such user content to the Service.
If the content you publish is judged to be illegal for many times, we or our partners have the right to restrict your account, suspend services, cancel and other operations.
2.6 violation content
The use of our services and those of our partners to upload, post and share the following user content is expressly prohibited:
(a) defamation of any person, being obscene, offensive, pornographic, hateful or seditious;
(B) Instruction to constitute, encourage or provide for crime, dangerous activity or self-harm;
(c) Deliberately provoking or provoking another person, in particular maliciously attacking and bullying, or aiming to harass, harm, injure, intimidate, distress, humiliate or provoke another person;
(d) Contain threats of any kind, including threats of physical violence;
(e) Racism or discrimination, including discrimination based on a person's race, religion, age, gender, disability or sexual orientation;
(f) contains any advertising, solicitation or promotional material or any content that may be regarded as advertising;
(g) Inclusion of abuse or exploitation of minors;
Or engage in any other act that restricts or prohibits anyone from using or enjoying the Services or, in our sole discretion, incurring any type of liability, damage or loss to us or any of our users, affiliates or any other third party.
2.7 reports and complaints
We encourage you to report any inappropriate User Content that violates these Terms or our published policies. Reports may be submitted through our standard whistle-blowing mechanism and should contain relevant information to assist the investigation. We reserve the right to suspend or terminate service to user accounts that repeatedly violate these Terms or our published policies.Reported users can submit a complaint for further review through our customer service function or by sending us an email to request an explanation or appeal the review decision.
3. Service Price
3.1 We reserve the right to charge fees for our services (including various business models such as single-use charges, joint charges with partners, etc.). We may change the cost of any feature of the Service, including additional fees or charges. I may, at my sole discretion, offer promotional offers with different features and at different prices to any of our customers.These promotional offers do not apply to you unless they are offered to you.
3.2 We may, at our sole discretion, provide certain rewards ("rewards") to certain service creators, subject to separate terms and conditions. If you are eligible to participate in such incentive programs (if any), the Company will notify you of the relevant details. The Company reserves the right to determine or modify the applicable rules of the Incentive Plan from time to time in its sole discretion,And provide such rules by any means, including but not limited to written agreements, announcements, pop-up notices, and email notices. If you are entitled to any awards payable by the Company in connection with your participation in the Incentive Plan, the Company will settle and pay such awards to you in accordance with separate terms and conditions. If you violate these Creator Terms, Terms of Service, other terms and conditions applicable to you, rules of the relevant Incentive Program,Or you are in breach of applicable law:(a) you will no longer be eligible to participate in such Incentive Plans and the Company shall have the right to terminate any and all agreements with you with respect to such Incentive Plans immediately and without liability; (B) you shall return all Incentives paid to you;(c) the Company shall not be required to pay you any unpaid Incentives;(d) The Company shall have the right to set off any amount payable by you to us against the reward payable to you. The foregoing shall not limit the Company's other remedies available to you in respect of such breach or violation. You agree that if you participate in any such rewards program and/or receive any rewards in connection with any of your Creator Content,(a) you must not unreasonably delete your Creator Account or remove such Creator Content from your Creator Account; (B) if you request the deletion of your Creator Account, the Company reserves the right to retain your Account and Creator Content posted through such Account by anonymizing your Creator Account information (such as your username and Avatar),Without paying you any additional fees or compensation; And (c) if you delete or remove such Creator Content from your Creator Account, you will be deemed to have committed a material breach of these Creator Terms.
You acknowledge and agree that the Company has the right (but not the obligation) to facilitate potential cooperation between you and us and our partners. Such cooperation will be subject to additional and separate terms and conditions (including, without limitation, terms and conditions relating to the calculation and payment of any fees, if any, in connection with such cooperation).
You acknowledge and agree that there is no minimum guarantee for fees, payments, awards or other profits or income charged to you under these Creator Terms.
4. Third Party Terms
4.1 We may use the Services to provide tools that enable you to export information (including User Content) to third-party services, including through features that allow you to link your account on the Services with your account on the third-party services, or through third-party buttons that we implement (such as a "like" or "share" button); Provided that you do not use the export feature in violation of any license terms associated with such User Content.By using one of these tools, you hereby authorize us to transfer this information to the applicable third party service. Third-party services are not under our control, and to the fullest extent permitted by law, we are not responsible for the use of your exported information by any third-party service. The Services may also contain links to third-party websites.Linked sites are not under our control and we are not responsible for their content. Before sharing any user content or information with any third-party service, be sure to review the terms of use and privacy policies of such third-party service. Once shared, we have no control over the information that has been shared.
4.2 Services may contain or integrate third-party software components including various AI generation tools, content moderation tools, etc., which are typically provided free of charge under a license that grants Recipients broad rights to copy, modify, and distribute such components ("Third-Party Components"). Notwithstanding that the Services are provided to you in accordance with these Terms,Nothing in these terms, however, prevents, restricts, or is intended to prevent or restrict your access to third-party components under applicable third-party licenses, or to restrict your use of third-party components under those third-party licenses.
Intellectual Property Protection Strategy
5.1 we respect the intellectual property rights of others, attach great importance to the protection of intellectual property rights, and require users to do the same. We will not tolerate infringement on or through the Services.
5.2 Notification
If you believe that the use or exploitation of any content provided on or through the Service infringes any intellectual property rights you own or control, please immediately send a written "Notice of Infringement Claim" through the customer service function or by sending an email to our mailbox support@wondershare.com, which must include the following information:
(a) the electronic or physical signature of an authorized representative of the owner of the copyright or other right infringed;
(B) a description of and evidence of title to the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of the material you claim to be infringing and its location in the service;
(d) your address, telephone number and e-mail address;
(e) You represent that the use of the materials on the Services you are complaining about is not authorized by the copyright or other intellectual property owner, its agent or by law;
(f) You represent that the above information in your notice is accurate and that you are the owner of, or authorized to act on behalf of, the copyright or other intellectual property owner under penalty of perjury.
We may share notices of your infringement claims with users who are suspected of infringing rights that you own or control and you consent to such disclosure.
Upon receipt of a qualified notice from the intellectual property owner or authorized agent, we will remove or disable access to materials that we believe infringe the intellectual property rights of third parties provided through the Services; We reserve the right to suspend or terminate the Services for user accounts that repeatedly infringe the intellectual property rights of third parties or our published policies.
5.3 counter-notification
If you receive notice from us that material you have provided on or through the Service has been the subject of a notice of infringement claim, you have the right to provide us with a so-called "counter-notice". In order for the counter-notification to be effective, it must be provided to us in writing (customer service function or email support@wondershare.com) and contain the following information:
(a) your physical or electronic signature;
(B) The identification of the material that has been deleted or prohibited from access, and the location where the material appeared before it was deleted or prohibited from access;
(c) a statement that you undertake that the content you share has been removed or disabled as a result of an error or erroneous notification of the material to be removed or disabled, and that you are liable for perjury and compensation arising in the event of an erroneous countercommunication;
(d) Your name, address and telephone number.
5.4 republication of content subject to counter-notification
If you submit a counter-notice to us in response to a notice of alleged infringement, we will immediately provide a copy of your counter-notice to the person who provided the notice of alleged infringement. We will also inform that person that we may replace the deleted user content or stop disabling access to it within 10 business days after receiving your counter-notice. However, we will not replace the deleted user content or stop disabling access to it if our designated agent receives notice from the party that filed the notice of alleged infringement that they have filed a lawsuit seeking a court order to prohibit users from engaging in infringing activity in connection with materials on our systems or networks.
6 Limitation of Liability
6.1 Services and all materials and content made available through the Services are provided on an "as is" and "as available" basis. We disclaim any express or implied warranties with respect to the Services and all materials and content offered through the Services, including:(A) any implied warranties of merchantability, fitness for A particular purpose, title, right to quiet enjoyment or non-infringement;And (B) any warranties arising from the transaction, use or course of trade. We do not guarantee that the Service or any part of the Service, or any material or content provided through the Service, will be uninterrupted, safe or free of errors, viruses or other harmful components, and we do not guarantee that any such problems will be corrected.
6.2 any advice or information (whether oral or written) you obtain from the Services or our entities or any materials or content obtained through the Services does not constitute any warranty with respect to any of our entities or the Services, except as expressly set forth in these Terms. For any damages arising out of the Service and your dealings with any other users of the Service,We are not responsible. You understand and agree that any part of your use of the Services is at your sole discretion and risk, and that we are not responsible for any loss of property (including computer systems or mobile devices in connection with the Services) or any loss of data (including User Content). For any Content made available by any Creator, User or third party on or through the Platform or Services,We are not responsible.
6.3 to the fullest extent permitted by law, in no event will our entity be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for lost profits, loss of goodwill or any other intangible loss), whether based on warranty, contract, tort (including negligence), statute or any other theory of law,Whether or not based on or related to the Service or any third party service or API accessed through the Service. Any of our entities have been advised of the possibility of damage.
6.4 Our total liability to you（ whether in contract, tort, or otherwise ） is limited to the amount you have paid for the Licensed Services and Software (if any) in the preceding six months. This limitation applies to all claims arising out of or related to the use of, or inability to use, any part of the Services, any third-party services or APIs accessed through the Services, or otherwise under these Terms.
6.5 Each provision in these Terms that provides for limitation of liability, disclaimer, or exclusion of damages is intended to and does allocate risk between the Parties in accordance with these Terms. This distribution is an essential element of the basis of the transaction between the parties. Each of these provisions is severable and independent of all other provisions of this article. Even if any limited relief fails to achieve its essential purpose,This restriction will still apply.
7. Other
7.1 Modification Service
We reserve the right to modify or discontinue all or part of the Services (including limiting or discontinuing certain features of the Services) at any time without notice to you. We are not responsible for any changes to the Services (including any paid features of the Services) or any suspension or termination of your access to or use of the Services. You shall retain a copy of any User Content that you post to the Service,So that you have a permanent copy when the Service is modified and you cannot access user content that you publish to the Service.
7.2 we will use commercially reasonable efforts to maintain the normal operation of the Service. However, we do not guarantee the availability of any service unless otherwise provided by applicable law. You acknowledge that the Service may be interrupted from time to time for various reasons, such as planned or emergency outages, network or telecommunications service provider failures. We may also permanently terminate the Services and your access to or use of the Services.You agree that, to the maximum extent permitted by applicable law, we will not have any obligation or liability to you as a result of the interruption, modification or termination of the Service or any part thereof.
No termination by 7.3 under these Creator Terms shall reduce or relieve, or shall not be deemed or construed to reduce or relieve you or us of any liability, obligation or liability arising from the date of termination. The rights you have granted to the Company, the User and third parties in this Agreement shall survive the termination of these Creator Terms
7.4 you understand and agree, you and we waive the right to jury or participate in a class action.
8. Applicable Law and Dispute Resolution
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
9. PRIVACY POLICY
Please read our Privacy Policy ("WondersharePrivacy Policy") carefully for information about our collection, use, storage and disclosure of your personal information. Our Privacy Policy is incorporated into and made part of these Terms by this reference.