As at August 24, 2017
The “Flixup” application (the “Application”) is the exclusive property of Narraly Inc, a Canadian corporation located at 1 place Ville Marie, M3B4M4 Montreal (Canada) (“Narraly Inc.”). All rights, including intellectual property rights, related to the Application are reserved to Narraly Inc., subject to the stipulations of these general terms and conditions
The User must be an individual aged at least 18 years, or at least 13 years with parental permission. Users must ensure that they have the right to use the Application in their country of residence and Narraly Inc. disclaims all liability in this respect.
In using the Application, You acknowledge and accept (a) that You have fully read the GTU, (b) that You fully understand the GTU and (c) that You fully agree to the terms and conditions of the GTU.
The GTU and the documents referred to in the GTU together form the sole valid agreement between Narraly Inc. and a User. If You do not agree to all the stipulations of the GTU, Narraly will not allow You to use the Application.
The Application is not offered or sponsored by Apple Inc. These GTU are not entered into with Apple.
The Application gives Users access to a social network on which they can tell stories or create sketches in the form of videos. For this purpose, Users can use and edit their own video sequences or those of other Users, as all the content uploaded to the Application can be unrestrictedly used in the scope of the Application.
Each video is composed of one or more sequences of a maximum length of 5 (five) seconds, which can be edited and arranged as the User wishes. Each video is tagged with keywords defined by the User who creates it and by the Application on an automatic basis. Each video can be viewed and can even be freely re-used by all the Users of the Application. Each video can be shared by Users on other social networks.
Subject to unreserved agreement with the GTU, Narraly Inc. grants the User a personal, limited, temporary, non-exclusive, non-transferable and worldwide license to use the Application for the Term (the “License”), thus allowing the User to use the Application and its functionalities.
The License granted by Narraly Inc. to the User under the GTU only includes a personal, limited, non-exclusive, non-transferable and worldwide right to use the Application for the Term on a compatible Apple terminal (running iOS 10 or later).
The License only includes the user rights strictly necessary to use the Application for the Term and excludes all ownership rights over the Application. Specifically, the License does not include any right of access to the Application’s source code or any right to modify the Application or to create derivative works based on the Application.
The License takes effect on the date of acceptance of the GTU by the User until the end of the Term, which will be fixed by Narraly Inc. at its discretion, subject to giving commercially reasonable notice to the User.
In addition, Narraly Inc. may decide to terminate the License if the User breaches the contractual obligations stipulated in these GTU. Users may terminate the License at any time by deleting the Application from their Apple terminal.
Narraly Inc. may, at its sole discretion, decide to modify the GTU at any time. Any use of the Application following the online publication of the new GTU implies acceptance of the said new GTU.
Under the GTU, Narraly Inc. (exclusively) undertakes to only give You access to the Application for the purposes expressly authorized. Narraly Inc. makes no other undertaking, whether in terms of the availability of the Application or the correction of any potential malfunctions, or in terms of data hosting.
The Application is provided on an ‘as is’ basis and, subject to any mandatory legal provisions to the contrary, without any warranty of continuous functioning or absence of anomalies.
In the event of a malfunction of the Application, You may inform Narraly Inc. thereof, but not Apple. However, Narraly Inc. will have no obligation to remedy the said malfunction.
The video sequences uploaded by Users may be deleted or lost at any time, particularly in the scope of updates of the Application.
ALL USERS UNDERTAKE TO USE THE APPLICATION IN GOOD FAITH AND TO REFRAIN FROM ANY USE OF THE APPLICATION LIABLE TO BREACH APPLICABLE LAWS OR REGULATIONS.
You undertake not to upload any video sequence the content of which is, without limitation, racist, anti-Semitic, negationist, pornographic, violent, homophobic, xenophobic or immoral. You undertake not to upload content that infringes third-party intellectual property rights. Any sequence that You upload must comply with the personal image rights and all the other personality rights of the persons appearing in the said sequence.
You are solely responsible with regard to the upload of a sequence, being specified that Users can report any sequence or video that is contrary to these GTU, in accordance with the paragraph entitled “Illegal Content” below.
Users must not refuse automatic updates of the Application.
Any suggestions, comments or feedback provided by Users to Narraly Inc., in writing or orally, concerning the Application are welcome. However, Narraly Inc. makes no undertaking to take a User’s comments or feedback into account. The corporation can be contacted at the address shown in the paragraph entitled “Contact Information” below.
Users must ensure that they are not located in a country that is subject to an embargo by the United States of America or identified by the United States of America as a country that supports terrorism, and that they are not included on any list issued by the Government of the United States of America that prohibits or restricts their use of the Application.
Users undertake to comply with the terms of any license agreement issued by a third party in the scope of the use of the Application and particularly any obligations arising out of their subscription with their telephone service provider.
All intellectual property rights related to the Application are reserved to Narraly Inc. You are only granted a limited license to use the Application. You must not attempt to reproduce the Application, in whole or in part, or to infringe Narraly Inc’s rights over the Application, as regards both the form of the Application and the underlying concept.
By uploading a video sequence via the Application, You grant a license to use the sequence free of charge for the statutory term of protection of intellectual property rights and on a worldwide basis, both by Narraly Inc., who may broadcast the sequence in the Application and on any other media, and by the other Users, who may re-use it in the scope of their own videos, which can be broadcast both in the Application and on any other media, particularly other social networks.
The "FLIXUP" trademark is the property of Narraly Inc. in all the countries in which it is registered.
Narraly Inc. is only liable for the effective performance of its contractual obligations described above. In no event may Narraly Inc. be held liable for any non-performance or breach of performance of the GTU attributable to You or resulting from technical constraints beyond the control of Narraly Inc.
In addition, You acknowledge that the Application may be subject to anomalies or malfunctions for which Narraly Inc. cannot be held liable. Narraly Inc. provides the Application on an ‘as is’ basis and, to the extent authorized by law, provides no warranty whatsoever.
Narraly Inc. acts as a hosting services provider for the content uploaded by Users and cannot be held liable for such content.
In no event may Narraly Inc. be held liable for any indirect damage incurred through the use of the Application.
IN NO EVENT MAY THE AGGREGATE LIABILITY OF NARRALY INC., ARISING OUT OF OR IN CONNECTION WITH THE GTU, EXCEED THE SUM OF 50 (FIFTY) CANADIAN DOLLARS. IN NO EVENT MAY NARRALY INC. BE HELD LIABLE TOWARDS A USER OR A THIRD PARTY FOR ANY LOSS OF PROFIT, IMPOSSIBILITY TO USE THE APPLICATION, LOSS OF INCOME, LOSS OF PROFIT MARGIN, DOWNTIME OR ANY INDIRECT, INCIDENTAL OR PUNITIVE DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE GTU, INCLUDING IF NARRALY INC. IS PREVIOUSLY INFORMED OF THE POTENTIALITY OF SUCH DAMAGE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF A REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE.
NARRALY INC. DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN) IN RESPECT OF THE GTU, INCLUDING ANY LEGAL OR COMMERCIAL WARRANTY PERTAINING TO: (A) MERCHANTABILITY, (B) FITNESS FOR A GIVEN PURPOSE (WHETHER NARRALY INC. KNEW OF OR HAD REASON TO KNOW OF OR WAS INFORMED OF OR AWARE OF SUCH PURPOSE) OR (C) ANY WARRANTY CONCERNING THE INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APPLICATION.
Users have sole liability for the content they upload via the Application.
As a hosting services provider, Narraly Inc. is subject to the applicable legal provisions governing this status and may be required to disclose certain information concerning Users to the court authorities or to third parties acting on the behalf of a court authority, which You expressly acknowledge and accept.
NARRALY INC. REQUESTS USERS TO USE THE APPLICATION APPROPRIATELY AND IN ACCORDANCE WITH APPLICABLE LAWS, REGULATIONS AND GOOD PRACTICES. IN NO EVENT WILL NARRALY INC. TOLERATE THE BROADCAST, VIA THE APPLICATION, OF ANY CONTENT THAT BREACHES APPLICABLE LAWS, REGULATIONS AND GOOD PRACTICES (“Illegal Content”).
USERS MUST ALSO COMPLY WITH THE APPSTORE RULES DEFINED BY APPLE.
As a hosting services provider for the content broadcast via the Application, Narraly Inc. undertakes to delete any video or sequence that constitutes an Illegal Content and that potentially infringes the rights of a third-party, provided that the latter informs it in writing of the existence of an offending sequence or video.
Notice of an Illegal Content must therefore be sent via e-mail to Narraly Inc. at the address email@example.com or by using the appropriated button in the application and must include the following information : date of notification; if the claimant is an individual: their name, first name, profession, address, nationality, date and place of birth; if the claimant is a legal entity: its legal form, name, head office and the body legally representing it; a description of the offending material and its precise location; the reasons for which the Illegal Content must be withdrawn.
Narraly Inc. will thereafter make best efforts to delete the Illegal Content as soon as possible as from the said notification.
Any unwarranted notification may give rise to the immediate termination of the License.
Narraly Inc. stores browsing and various other technical information concerning your use of the Application, as required by law. You acknowledge that the electronic proof thus collected is regarded as official and may, where necessary, be disclosed to the authorities at their request.
All requests, whatever their nature (question, complaint or other), concerning the Application must be sent via e-mail to Narraly Inc. at the following address: firstname.lastname@example.org.
You acknowledge that Apple and its subsidiaries can benefit from the stipulations of these GTU and may thus, where necessary, claim the enforcement thereof against a User.
Subject to mandatory legal provisions to the contrary, this agreement is governed by and interpreted in accordance with the laws of the State of Quebec (Canada). Subject to the same provisions, any dispute concerning this agreement will be referred to the exclusive jurisdiction of the courts of Quebec (Canada).