TERMS OF USE
1. Introduction
1.1 The SmartClip web service (herein: "Service"), is operated by SmartClip, reg. no. 040442279 (herein: "Company" and/or "Service Operator").
1.2 The Service allows its users to produce personalized videos based on Hebrew or English songs with custom lyrics, greeting and photo videos, Q&A videos, and photo slideshows, for celebrations and events of all kinds.
1.3 The terms herein are written in masculine form for convenience only and refer to all genders equally.
1.4 Please read these terms of use carefully and thoroughly. By using the Service, you hereby declare that you have read, understood and approved the Terms of Use, and you and/or any on your behalf shall have no argument and/or demand and/or claim against the Company and/or any on its behalf with relation to these Terms of Use. If you refuse to accept these Terms of Use, all or part thereof, you may not use the Service for any purpose.
1.5 Service Operator reserves the right to change the Service's Terms of Use without giving any prior notice to the Service's users, and such change shall not derogate from the effect and application of these Terms of Use.
2. Definitions
2.1 "Clip" - a video in the length of an average song, to include video segments shot by the Participants, images, and text.
2.2 "Client" - a client who ordered the Service and engaged with Service Operator for such purpose.
2.3 "Participants" - all participants invited by the Client to participate in the project.
2.4 "User" - Client and/or Participants.
2.5 "Private Sector" - private clients ordering services for personal events.
2.6 "Business Sector" - business clients ordering services for corporate events.
3. User Declaration and Right to Use Service
3.1 The User undertakes to use the Service subject to these Terms of Use and acknowledges that the Service and anything included therein is not a substitute for legal and/or management and/or any advice.
3.2 The Terms of Use constitute a binding contract between you and Service Operator, forming the basis of any legal proceeding whatsoever with relation to using the Service.
3.3 These Terms of Use shall be binding and shall serve the interests of the Parties, their representatives, heirs, and any other authorized representative.
3.4 The Service is a designated web service for clients of Service Operator only. Access to the Service will be enabled for any user who receives a link from the Client or from Service Operator.
3.5 The Service's Users may use the Clip subject to the Terms of Use only, as specified herein.
4. Service Registration
4.1 The Client may use the Service upon receiving a WhatsApp message with a link to the Service. The Client will be requested to enter the following details: first name and last name. The Client's phone number and email address are collected during initial communication and quote provision.
4.2 Participants may use the Service upon receiving a message (WhatsApp, Facebook Messenger, email, or any other means of communication) from the Client with a link to the Service. The following details will be requested: first name and last name.
4.3 Use of the Service and its contents, including reading the information or messages published therein, shall constitute the User's consent to and approval of the aforesaid in these Terms of Use and any conditions and stipulations included herein.
5. Service Types
The Service offers several product types:
5.1 Clip Based on Custom Lyrics
A video based on a song with lyrics written especially for the Client, including:
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Research on the celebrant(s)
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Custom lyrics writing
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Lyrics correction allowance
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Song recording by a professional male/female singer
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Clip editing with participants' videos, images, and texts
5.2 Greeting and Photo Video
A video combining video greetings from participants with photos.
5.3 Q&A Video
A video where participants answer predefined questions.
5.4 Photo Video / Photo Slideshow
A photo slideshow with or without a custom song.
6. Clip Creation Process
6.1 The Client will in fact manage the project, inter alia, by inviting participants, placing participants, uploading video segments, still images, texts, and approving the clip.
6.2 Client and Participants must comply with the Service's instructions, including meeting the deadlines set in the Service.
6.3 Upon compliance by Client and Participants, including shooting footage of themselves and uploading all materials for the purpose of editing the Clip, Service Operator shall edit the Clip based on the data and materials uploaded by Client and Participants.
6.4 Upon editing, the Clip will be sent to Client for viewing and approval:
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Private Sector: Client will be granted one (1) round of corrections only
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Business Sector: Client will be granted two (2) rounds of corrections
6.5 During the correction round, Client must send all required corrections according to the format provided by SmartClip upon receiving the finished Clip.
6.6 The round of corrections shall be done according to the materials sent by Client, within reason, as a round of corrections does not mean editing a new clip from the beginning.
6.7 Upon Service Operator's corrections, the final version of the Clip will be sent to Client by email in high quality.
6.8 The song creation process (for products including a song) includes several stages:
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Research on the celebrant(s)
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Lyrics writing
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Lyrics correction allowance
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Song recording by a professional singer
7. Delivery Time
7.1 The Clip will be ready within three days prior to the event date, unless agreed otherwise with Client, to allow Client to view the Clip and send corrections prior to the event, unless unusual circumstances have been coordinated by Client and Service Operator.
7.2 Service Operator recommends beginning the process about one-and-a-half months prior to the event date. SmartClip may provide service to Client according to a shorter timeframe, at its discretion.
7.3 Delivery time is contingent on compliance with the Service's instructions issued to Client and Participants, including meeting the deadlines in the Service and in messages received throughout the process. In case of repeated delays by the Client and/or Participants, SmartClip may define a "final deadline" - a final date after which SmartClip will not be able to deliver the product. Failure to meet the "final deadline" will result in project cancellation by SmartClip, and cancellation and refund terms will apply according to the cancellation policy detailed in the quote and in Section 8 below. Failure to deliver in a timely fashion in each stage of the project, due to Client and/or Participants, shall not be seen as a breach by Service Operator and the latter shall bear no responsibility in such relation.
8. Transaction Cancellation
Cancellation terms vary according to product type and sector (private/business):
8.1 Private Sector - Clip Based on Custom Lyrics
Cancellation Terms:
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Have not yet started lyrics writing: Full refund of deposit
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Completed lyrics writing: Refund of approximately 40% of deposit value, approximately 200 NIS plus credit invoice and negative receipt according to law
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Stage where song has been recorded but editing has not yet occurred: Additional 450 NIS on top of deposit already paid
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Service cancellation after song recording and editing date is close within a week or less: Additional 690 NIS on top of deposit already paid
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Product/service additions (such as English writing, English recording, etc.) - will be added to cancellation fees
8.2 Private Sector - Greeting and Photo Video
Cancellation Terms:
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Before site building stage: Full refund of deposit
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After site building stage: Refund of 250 NIS
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About a week or less from editing date: Additional 290 NIS on top of deposit paid
8.3 Private Sector - Q&A Video
Cancellation Terms:
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Before site building stage: Full refund of deposit
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After site building stage: Refund of 120 NIS
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About a week or less from editing date: Additional 350 NIS on top of deposit paid
8.4 Private Sector - Photo Video / Photo Slideshow
Cancellation Terms:
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Received finished video: No refund
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Photo video including custom song:
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Completed lyrics writing: Refund of amount paid minus 100 NIS
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Stage where song has been recorded but editing has not yet occurred: Additional 500 NIS on top of amount already paid
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Service cancellation after song recording and editing date is close within a week or less: Additional 580 NIS
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8.5 Business Sector - Clip Based on Custom Lyrics
Cancellation Terms:
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Have not yet started lyrics writing: No charge
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Completed lyrics writing: Charge of 350 NIS
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Stage where song has been recorded but editing has not yet occurred: Charge of 950 NIS (including lyrics writing, 600 NIS without lyrics writing)
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Service cancellation after song recording and editing date is close within a week or less: Charge of 1,250 NIS
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Product/service additions - additions such as English writing, English recording, etc. - will be added to cancellation fees
8.6 Business Sector - Greeting and Photo Video
Cancellation Terms:
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Before site building stage: No charge
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After site building stage: Charge of 220 NIS
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About a week or less from editing date: Charge of 550 NIS
8.7 Business Sector - Q&A Video
Cancellation Terms:
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Before site building stage: No charge
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After site building stage: Charge of 220 NIS
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About a week or less from editing date: Charge of 550 NIS
8.8 Business Sector - Photo Video / Photo Slideshow
Cancellation Terms:
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Received finished video: Full payment
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Photo video including custom song:
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Completed lyrics writing: Payment of 300 NIS
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Stage where song has been recorded but editing has not yet occurred: Additional 850 NIS on top of amount already paid
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Service cancellation after song recording and editing date is close within a week or less: Additional 980 NIS
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8.9 Transaction Cancellation by SmartClip
As a business that creates videos screened at events, the responsibility placed on SmartClip is enormous. In order to meet this responsibility, we must receive full cooperation from the service client.
If the service client does not meet obligations within the defined timeframe (for example, providing research, choosing a song, videos, photos, etc. within pre-defined timeframes), SmartClip may at any time cancel its obligation to provide the service to the service client without any claim from them.
In case of repeated delays, SmartClip will define a "final deadline" with the service client - a date after which SmartClip will not be able to deliver the product on time. Service cancellation status will be implemented according to the cancellation terms detailed above.
Upon approval of the quote, you accept this clause and agree to its implications, as we cannot provide a product without cooperation and meeting deadlines from the service client.
8.10 General Cancellation Terms
Return of products and cancellation of purchase shall take place according and subject to the provisions of law, including provisions of the 1981 Consumer Protection Law, 1968 Sales Law, and 1986 Billing Cards Law, and/or subject to Service Operator's policies, as set from time to time.
Upon placing an order and paying the deposit, the order is considered a special order customized for Client personally. Service Operator creates clips according to Client's order requirements; therefore, cancellation and refund terms will apply according to the terms detailed above for each product type.
9. Liability
9.1 Service Operator is not liable for any damage and/or loss caused to Client and/or other third party as a result of using the Service.
9.2 Service Operator shall not bear any liability for damage caused to Client, directly or indirectly, due to a delay in the delivery date. To remove any doubt, it is clarified that Service Operator's responsibility shall be limited, in any case, to the service fee only.
9.3 Client shall bear full responsibility for damage of any kind and sort, caused to Client and/or Service and/or other third party whatsoever, due to an error made by Client upon inputting the data.
9.4 Service Operator makes every effort to ensuring Service's operation; however, Client exempts Service Operator from any liability to any damage of any kind and sort whatsoever, which may be caused to Client and/or any third party as a result of the Service's operation and/or hardware and/or software technical fault related to the Service.
9.5 Service Operator supports current web browsers and compatible devices. Support for older devices may be limited according to available technical support.
9.6 Service Operator shall not be liable, with any relation to the Service, for any damage whatsoever, caused to Client and/or any third party, as a result of a communication failure (internet or telephone) due to an action and/or omission and/or negligence of internet providers and/or telephone communication providers, whoever they may be.
9.7 The Service is offered to the public AS IS.
10. Contents Provided by Users
10.1 Upon and for the purpose of providing service by Service Operator, Users shall upload and/or send materials, e.g.: video clips, still images, texts, including audio files (herein: Contents).
10.2 Upon uploading Contents to the Service, User bears full and exclusive responsibility for any result of the publication. Publication of Contents will occur at the event itself, or on the SmartClip website subject to prior written approval from the service client.
10.3 The User declares that they own and/or have been given permission to use the intellectual property rights in the Contents uploaded to the Service by them, and they bear sole responsibility for any damage or demand caused to Service Operator due to publishing such Contents. Service Operator shall bear no liability in such relation.
10.4 SmartClip undertakes not to make public or other use of the uploaded media, with the exception of use for advertising purposes with the written permission of the service client.
10.5 User must upload and publish legal Contents. Among others and as an example only, Users are prohibited from publishing these Contents:
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Any content infringing on or breaching the proprietary rights of others - including copyrights, trademarks and trade secrets
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Any pornographic or sexually explicit content
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Any content that constitutes defamation of a person, or infringes on their privacy or good name
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Any disturbing, abusive, hostile, threatening or rude content
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Any racist content or content that encourages racism; discrimination based on race, ethnic origins, skin color, religious community, nationality, religion, sex, occupation, sexual preference, disease, physical or mental disability, belief, political reflection, or social-economic status
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Any content that encourages to commit a criminal offense or which may form cause for a suit or civil liability
11. Permitted and Prohibited Uses of Clip
11.1 "Streaming" - a digital format that enables hearing an audio file and/or viewing an audio-visual file simultaneously upon its transfer from the server-computer to the User, without creating a permanent copy of the piece in the User's computer or device.
11.2 "Streaming on Demand" - broadcasting the Clip via streaming, in such manner that allows the User to select a Clip and watch it. In the Service, participants can view videos they filmed, and the Client can view videos uploaded by participants as part of clip management.
11.3 The Clip can be used for private, non-commercial purposes, and for the original purpose of its purchase: to be screened at the event.
11.4 The Clip may be uploaded to social media platforms such as YouTube, Facebook, Instagram, etc., at the Client's full and exclusive responsibility only. The service client declares and agrees that: (a) SmartClip's ACUM license covers only clip creation and does not cover social media uploads; (b) uploading the Clip to social media is done at the Client's exclusive responsibility; (c) SmartClip shall bear no liability for such uploads, including any claims related to copyrights, performance rights, license violations, or any other rights; (d) The Client undertakes to indemnify SmartClip for any claim, demand, or expense arising from uploading the Clip to social media.
11.5 The Clip can be broadcasted via Streaming or Streaming on Demand formats, for private and domestic viewing.
11.6 The User may not use the Clip for purposes of elections, facilitating political goals, sales, marketing, sponsorships, advertising and/or as an ad for any product, service, brand and/or any other commercial use; the User shall not display the Clip in relation with a product, brand, or any service.
11.7 The User shall not use or allow the use of pieces included in the Clip in any manner not permitted hereunder specifically.
11.8 The User may not encumber, trade, pledge, sell, rent out, lend, convert, and assign their rights hereunder, in full or partially, or grant sub-licenses to any third party.
11.9 Permission to download the final product (Download) will be given only to the service client.
12. Termination of Use and Indemnification
12.1 Service Operator may, at its discretion, terminate any User's use of the Service, including by blocking their IP address, should they fail to comply with any term herein.
12.2 Insofar as the User breached the Terms of Use herein, Service Operator will be entitled, at its discretion, to reveal their name and the details it knows about them in any legal proceeding, even insofar as no judicial order is issued toward that end.
12.3 The User shall indemnify the Service Operator in view of any argument, claim and/or demand and/or damage and/or loss, loss of profit, payment or expense, including interest payments and payment of reasonable attorney fees and legal expenses, as caused to Service Operator and/or any on its behalf by the User, as a result of User's failure to comply with the terms herein and/or breaches any provisions of law and/or rights of any third party, and/or as a result of details, information or files provided for publication by the User, and/or as a result of the User's omissions, as directly and/or indirectly expressed by the User.
12.4 Service Operator does not commit that Service will remain open and/or Service's operations will not be ceased temporarily or permanently, and reserves the right to shutdown the Service and/or Service operations at any time, at its sole discretion.
12.5 Without derogating from the aforesaid hereinabove, in case of elements and/or events not under Service Operator's control, including communication and computer failures and force majeure events which delay and/or prevent the transaction's execution in full or partially, in any way, and/or the supply of the transactional product on the set dates, it shall not constitute any cause for an argument and/or demand and/or claim against Service Operator.
13. Assignment of Rights and Obligations
13.1 Without derogating from the aforesaid, it is hereby agreed that Service Operator may assign its obligations and rights, at any time, pursuant to the terms herein, to any third party at its sole discretion, including transfer all/most of its assets by way of a sale, merger and/or otherwise; moreover, the Service's management may, upon transfer of rights, collect debts from the User, provided that the User's rights hereunder are not being infringed by the transfer of ownership.
13.2 In such case, the User's details, as held by the Service's management, will transfer to the third party receiving the rights in the Service, and the User hereby gives their prior consent to such transfer.
14. Prohibited Uses
14.1 The User agrees not to make any illegal use of the Service or use it in contravention of these terms herein, including any use that may damage or shutdown the Service or impact the user experience of other Service Users.
14.2 The User agrees not to obtain or attempt to obtain information or materials included in the Service via any means other than those provided by the Service to its Users, and not to collect any data on other Users without their consent.
14.3 The User may not assign, sub-license or otherwise transfer any of their rights or obligations hereunder on their own volition without receiving the prior and written approval of the Service's management. The Service's management hereby notifies that its policy is to object to any assignment of User rights and obligations, on the volition of Users, and will most likely reject any request by Clients to do so.
15. Intellectual Property and Copyrights
15.1 All intellectual property rights to contents included in the Service, including the Service's design, videos, clips, photos, graphic files, applications, computer code, text and/or any other material, belong to the Service or to a third party which gave the Service permission to use them.
15.2 It is prohibited to copy, fully or partially; display in public; distribute; perform; transfer to the public domain; change; process or create derivative works; sell or rent out any part of such contents, via any means or media, without the prior and written consent of the rightsowners. It is prohibited to use the aforementioned contents and the trademarks included in the Service and/or Service's logo without the Service Operator's permission.
15.3 The Service is meant for personal use; any commercial use is prohibited.
15.4 The User undertakes not to infringe on the copyrights of the Service's management, whether directly or indirectly, whether with or without consideration.
15.5 The User undertakes not to take any action, directly or indirectly, that may infringe on proprietary rights.
15.6 Any use that infringes on copyrights and/or intellectual property rights, as specified hereinabove, shall serve as cause to close the User's account without any prior notice, and the User shall bear all expenses caused to Service Operator and/or Service Clients and/or the User personally as a result of such use and/or the User account's closure, without derogating from any other relief deserved by Service Operator hereunder and/or by law. Penetrating the Service's systems constitutes a criminal offense under Israeli law.
16. Contact
We welcome users to contact us with any inquiry about the Service or its terms of use, with all details mentioned, and we guarantee to handle your inquiries swiftly and efficiently.
Contact us by email: contact@smartclip.co.il