Terms of Service
Welcome to www.capthat.com.
Please read the Agreement carefully before accessing or using the Cap That Service. By accessing or using any part of the website or any other software applications, embeddable players, 'apps' and syndicated 'widgets' that are operated, managed and/or owned by AIN, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Cap That Service or use any services. If these terms and conditions are considered an offer by AIN, acceptance is expressly limited to these terms. The Cap That Service is available only to individuals who are at least 13 years old and who have not been previously suspended or removed from www.capthat.com by AIN.
1. Intellectual Property Rights of the Site.
All data with the exception of the User Submissions (see below), including, without limitation, text, graphics, interactive features, logos, photos, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Cap That Service (collectively, the "Materials") are the intellectual property of AIN, its licensors, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark, and other laws, international conventions and proprietary rights. All ownership rights to the Materials remain with AIN, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to AIN or its affiliates and/or third party licensors. Except as expressly authorized by AIN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with specific authorization, you download or print a copy of any portion of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. AIN reserves all rights not expressly granted in and to the Cap That Service and the Materials.
2. Digital Millennium Copyright Act.
It is AIN's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). AIN may terminate without notice any User's access to the Cap That Service if that User is determined by AIN to be a repeat infringer.
If you believe that any content on the Cap That Service infringes any copyrights of yours, you or your authorized agent may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of AIN and must include the following infringement:
- (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the right that is allegedly infringed.
- (b) Identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AIN to locate the material.
AIN's registered designated copyright agent to receive notifications of claimed infringement
is: Mr. Micah Gabriel Katz, esq. His contact information is:
Micah Gabriel Katz
Active ImageNation Inc.
9595 Wilshire Blvd., Suite 410
Beverly Hills, CA 90212
Fax: (323) 210-7071
3. Cap That Service License Grant.
Cap That Service enables a user ("User") to select, play, and control the play of videos from a repository of videos accessible to all Users (the "Cap That Library") or from a repository of videos previously uploaded by that User and reserved by that User for her private use (the "User Private Library"), to identify and extract a particular frame or frames in a video, to edit and manipulate the extracted frames, producing a "User Creation," and to choose to share the User Creation through the sharing features of the Cap That Service, or to purchase a product incorporating the User Creation. Users may also upload their own video files ("User Submissions"), and designate such submissions as Public (made available to others by inclusion in the Cap That Library) or Private (reserved for the User Private Library of the User who uploaded the file).
If you access www.capthat.com, subject to your compliance with the terms and conditions set out in the Terms of Service, AIN hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Cap That Service for the production of User Creations, utilizing the sharing features of the Cap That service and the purchase of products incorporating User Creations for your personal use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AIN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of AIN without express written consent. You may not use any metatags or any other "hidden text" utilizing AIN's name, Cap That, or any trademarks without the express written consent of AIN. Any unauthorized use terminates the permission or license granted by AIN.
User Submissions, whether Public or Private, are stored, made available, and played at your own risk. Notwithstanding any obligations hereunder of AIN to protect User Submissions, AIN cannot guarantee that there will be no unauthorized copying or distribution of User Submissions, nor will AIN be liable for any copying or usage of the User Submissions not authorized by AIN.
4. Your capthat.com Account.
If you create an account on the Cap That Service, you are responsible for maintaining the security of your account, and You are fully responsible for all activities that occur under the account. You must not upload material intended to trade on the name or reputation of others, and AIN may change or remove any materials that it considers inappropriate or unlawful, or otherwise likely to cause AIN liability. You must immediately notify AIN of any unauthorized uses of your account or any other breaches of security. AIN will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
5. Responsibility of Contributors.
If you post material to the Cap That Service or otherwise make (or allow any third party to make) any material available by means of the Cap That Service, including User Submissions, (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content within the Cap That Service will not infringe, violate, or misappropriate the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not slander, libel, defame, or violate the privacy or publicity rights of any third party.
You retain all of your ownership rights in your User Submissions. By submitting Content to AIN, whether as a Public or Private User Submission, you grant AIN a perpetual, world-wide, royalty-free, assignable, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purposes of performing the Cap That Service with the Content included in the appropriate Library and marketing and promoting the Cap That Service and/or AIN; provided, however, that AIN shall not use the Content of any Private User Submissions for the marketing or promoting of the Cap That Service or AIN. You grant AIN the right to use the name that you submit in connection with the User Submission, at its discretion. If you delete Content, AIN will use reasonable efforts to remove that Content from the Cap That Service, but you acknowledge that caching or references to the Content might not be immediately made unavailable; that AIN shall have no obligation regarding any User Creations which may have been created from Content that you delete; and that other Users may have purchased products depicting User Creations created from Content that you delete. AIN may, at its discretion, remove any Public or Private User Submission at any time. For any Public User Submission, you grant to each User of the Cap That Service authorized to access your User Submissions a perpetual, personal, non-commercial, non-exclusive license to use the Content therein for the Cap That Service, including playing the Content, production of User Creations therefrom, and purchase of products incorporating the User Creations.
Without limiting any of those representations or warranties, AIN has the right (though not the obligation) to, in AIN's sole discretion (i) refuse or remove any content that, in AIN's reasonable opinion, violates any AIN policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Cap That Service to any individual or entity for any reason, in AIN's sole discretion. AIN will have no obligation to provide a refund of any amounts previously paid.
AIN may rely on advertisers to help fund the Cap That Service. You agree that AIN may display advertisements and promotions of all kinds in and with the Cap That Service. You understand that AIN may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by AIN related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Cap That Service.
6. Payment and Renewal.
Optional paid services such as extra storage, may be available on the Cap That Service (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay AIN the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-paid basis beginning on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify AIN before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
7. Responsibility of Cap That Service Users.
AIN has not reviewed, and cannot review, all of the material posted to the Cap That Service, and cannot be responsible for that material's content, use, or effects. By operating the Cap That Service, AIN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Cap That Library may contain content that is offensive, indecent, or otherwise objectionable to some viewers, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Cap That Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AIN disclaims any responsibility for any harm resulting from the use by visitors of the Cap That Service, or from any downloading by those visitors of content there posted.
User Submissions are made available to Users solely for their personal use as intended through the normal functionality of the Cap That Service. User Submissions may not be otherwise used, copied, reproduced, distributed, transmitted, sold, licensed, downloaded, displayed, or exploited in any manner not intended by the normal use of the provided functionality of the Cap That Service.
You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Cap That Service, or any features that prevent or restrict copying of any data in the Cap That Library or any User Private Library.
You agree not to use the Cap That Service for any purpose other than to access the Cap That Service as such service is offered. You agree not to rent, lease, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein to any Materials, except that products incorporating User Creations may be given as personal gifts. You agree not to make any offers, advertisements, proposals, or promotions through www.capthat.com.
8. Intellectual Property Transfer.
The Agreement does NOT transfer from AIN to you any AIN or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AIN. Cap That, capthat.com, the capthat.com logo, and all other trademarks, service marks, graphics and logos used in connection with capthat.com, or the Cap That Service are trademarks or registered trademarks of AIN or AIN's licensors. Other trademarks, service marks, graphics and logos used in connection with the Cap That Service may be the trademarks of other third parties. Your use of the Cap That Service grants you no right or license to reproduce or otherwise use any AIN or third-party trademarks.
AIN reserves the right, at its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Cap That Service following the posting of any changes to the Agreement constitutes acceptance of those changes. AIN may also, in the future, offer new services and/or features through the Cap That Service (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
AIN may terminate your access to all or any part of the Cap That Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your capthat.com account (if you have one), you may simply discontinue using the Cap That Service. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The Cap That Service is provided "as is." AIN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AIN nor its suppliers and licensors, makes any warranty that the Cap That Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Cap That Service at your own discretion and risk.
Parties other than AIN sell product lines on this site. AIN does not assume any responsibility or liability for the actions, product, and content of these third parties.
12. Limitation of Liability.
To the extent not prohibited by applicable law, AIN, or its suppliers or licensors, will in no event be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) any cost of procuring substitute products or services; (iii) any interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to AIN under the Agreement during the twelve (12) month period prior to the cause of action. AIN shall have no liability for any failure or delay due to matters beyond their reasonable control.
13. General Representation and Warranty.
You agree to indemnify and hold harmless AIN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Cap That Service, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between AIN and you concerning the subject matter hereof, and its provisions may only be modified by a written amendment signed by an authorized executive of AIN, or by the posting by AIN of a revised version. Except to the extent applicable law, if any, provides otherwise, the Agreement and any access to or use of the Cap That Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys' fees. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AIN may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.