Terms of Service - Vibons

Terms of Service

CHAPTER I: INTRODUCTION

This agreement (the "Agreement" or the "Terms of Service") describes the terms on which Vibons offers the User the use of its web based online visual products and services. The "Service" means all features to create online animation videos, including information, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, sound, software, and other services available through the Website offered by Vibons, as those terms are defined below.

By accessing or using this Website in any way, including, without limitation, using or downloading any Content, or merely browsing the Website, the User agrees to and is bound by the herein Terms of Service. If the User does not agree to these Terms of Service the User should decline this Agreement by not using this website. By breach of the Terms of Service, the User’s authorization to use this website automatically terminates, and the User may not use the Content downloaded or printed from the Website under any circumstances. These Terms of Service, including all policies and terms, periodically changes linked to or otherwise referenced herein. The User is responsible for reviewing all sections, defined terms and related links in their entirety to ensure the User fully understands this Agreement.

CHAPTER II: DEFINED TERMS

The definitions of following terms should mean as follows;

“Service” refers to the services including but not limited to all features, animation videos, content and downloads offered by provided by Vibons to the customer through this website

“User” refers to the individual or legal persons who have registered for the membership as user as prescribed on the website to use the Service.

“Membership” refers to the confirmation of the User’s application to use the Service.

"Account" refers to the entirety of the User’s contractual rights and obligations under the Terms of Service associated with a particular Account Name (defined below) you have selected for accessing the Service.

"Website" refers to the website of Vibons with the url “http://www.vibons.com” from which the Service shall be offered.

"Content" refers to any works of animations, creative works, images, textures, logos, audio, text, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, sound, software, and other interactive features available through the Site, portfolio created by the creators or provided by the User.

“Major changes” refers to changes that are changing the qualification of a design.

"Intellectual Property Rights" refers to copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by the 5846 numbered Turkish Intellectual Property Law (“FSEK”) and other applicable laws and jurisdictions to the intellectual property rights.

“License” refers to the license right owned by Vibons, which enables exercising the authority to process Software and Source Code Software and all or some developed versions thereof; to duplicate the original and/or the version to be processed/ all or some thereof directly or indirectly; to disseminate in any way or method; to benefit by way of representation such as reading, playing and demonstrating directly or with the means which enables transmitting the sign, sound or image in public places; to use in digital medias and/or mobile means, to promulgate to public and to make accessible to the third parties; to save to the devices which enables carrying data, are known at the date of agreement and will be produced by technical opportunities to be developed after the date of agreement; to use substantive rights regulated under “Process” pursuant to article 21 of FSEK including the rights to promulgate to the public by means of using in all kinds of visual and audial works and publishing with the methods known at the date of agreement or to be developed, means which enables transmitting sign-sound and/or image or republishing; “Duplicate” pursuant to article 22 (including but not limited to loading, displaying, operating, transmitting and storing); “Disseminate” pursuant to article 23, “Represent” pursuant to article 24, article 25 “Promulgating to public by technical facilities used for sign, sound or image transmission” and to use moral rights regulated under “Authority of promulgation to the public” pursuant to article 14 of the law, “authority of publishing the work with the name” pursuant to article 15 and “probation changes in the works” pursuant to article 16 and to use other substantive and moral rights to be added to these by Vibons internationally; without the limitation of place, time, content, channel and number; in a non-exclusive way and including the right to grant a non-exclusive and indefinite right of usage.

“Vibons” refers to the service developed and provided by ALGE Eğitim Danışmanlık Ltd. Şti.

"Vibons Content" refers to the Content provided to the customer in connection with the Service, including, but not limited to the Content that may be created or licensed from third parties subject to the license set forth herein.

"Vibons Software" refers to the software provided to the User by Vibons and/or its suppliers under license in connection with the Service, including but not limited to the software for accessing the Service and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Service, and any application program interfaces (the "APIs") for use with the Service.

"Servers" refers to the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.

"User Content" refers to any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service.

“Steps” refer to phases (1.Brief, 2.Style, 3.Storyboard, 4.Demo, 5.Final) of the video production process defined in the Website.

CHAPTER III: MEMBERSHIP REGISTRATION

Use of the Service requires a membership registration by creating a Vibons.com account or register through the User’s Facebook and LinkedIn profile.

(1) Members that have registered with Vibons for a RED PLAN, wherefore the User provides a draft which will be scripted by Vibons and turned into a video.

(2) Members that have registered with Vibons for a BLUE PLAN wherefore the User provides the scenario which will be turned into a video by Vibons.

(3) Members that have registered with Vibons for ON DEMAND to enable the User to rent a video produced by Vibons for an indefinite or definite period.

The User agrees to provide Vibons the complete, current, accurate and true information when registering for an account. False, inaccurate, out of date or incomplete information provided by the User, gives Vibons the right suspend or terminate the Users account and refuse any and all current or future use of the Services or any portion thereof by the User.

The User will be solely responsible and liable for any activity that occurs under its username. The User is responsible for keeping its password secure. Vibons may not be held liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. Contrary, the User shall be held liable for losses incurred by Vibons or any other party due to someone else using the User’s account or password.

The User will be solely responsible and liable for not updating its register information and implement the changes of registered information.

The User may not sell, transfer or assign its Account or its contractual rights, licenses and obligations, to any third party without the prior written consent of Vibons.

The User is solely responsible for all activities conducted through its Account whether or not this activity has been authorized by the User (except to the extent that activities occur because someone gains access to Vibons’ system without using your identifiers and password). In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by the User or someone else) that is connected with the Users Account, Vibons may terminate the Account immediately, without prior notification.

Vibons will not be liable for any loss or damage (of any kind and under any legal theory) to the User or any third party arising from the User’s inability or failure for any reason to comply with any of the foregoing obligations.

CHAPTER IV: THE USE OF VIBONS

Age Requirements for the Service

By accepting this Agreement, the User accepts, declares and agrees that the User is the owner of the credit card or account the payment is made from and has the legal authority to enter into this Agreement. Corporate Users accept, declare and agree to use the company accounts for payments for the Service. The User accepts and declares that the User will be responsible for any damage and/or liability arising out of the usage of the Service with an underage.

Requirements for Corporate Users and Sponsoring Organizations

If the User is registering for the Service on behalf of a company, organization or another legal entity the User represents and warrants that the User is legally and officially authorized by the legal entity or other person to register on its behalf. The User accepts and declares that the User will be responsible for any damage and/or liability arising out of the unauthorized usage of the Service.

Other Eligibility Requirements for Use of the Service

Users having been terminated from the usage Service by Vibons (including, for avoidance of doubt, if any Account of yours has been terminated); or at any time a person barred the User from receiving the Service under applicable law may not use the Service.

Change or elimination of Service

Vibons has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service if deemed as necessary at any time without prior notice. Vibons makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. The Customer automatically have agreed with such changes and may not hold Vibons in any way responsible for any damages and claims arising out of the conditions specified herein.

CHAPTER V: CONDUCT BY USERS OF THE SERVICE

The User agrees to be responsible for the contents of the User’s submissions or communications through the website.

The User is solely responsible for the interaction with other users of the Service, whether online or offline. Vibons is not responsible or liable for the conduct or content of any user. Vibons reserves the right, but not the obligation, to monitor or become involved in disputes between the User and other users.

This Website and its Content are provided for the User’s personal use only. By using this Website, the User agree to comply all applicable laws and regulations and not to download, reproduce, transmit, modify, distribute, rent, sell, assign, adapt, edit, republish, display, frame, or create derivative works based on the Website or its Content, except as expressly authorized by Vibons. The User additionally agrees not to store, transmit, reproduce, publicly display and/or perform, publish, distribute, broadcast or otherwise make available the Content in any way, including without limitation to other audio visual content directory listings available on and through this Website, whether electronically or in another form, and whether for commercial purposes or any purpose other than the User’s own personal use, unless a written approval is given by Vibons. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written approval from Vibons is prohibited and the User agrees not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

The User declares and accepts not to upload, share, or otherwise distribute any Submissions including text, graphics, images, sounds, data, music, or other information that may be

(1) unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person; (2) contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws; (3) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (5) constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (6) contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (7) contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; (8) or are to be used for a commercial purpose of any kind.

The User may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.

The use of some of the features and all of the software available on this Website is governed by separate terms of use and/or licenses. The User is not authorized to use such features or software unless the User agrees to abide by the applicable terms/license.

CHAPTER VI: TERMINATION OF ACCOUNT

The User may terminate the Account at any time.

The User may terminate this Agreement by closing the Account at any time for any reason. In such event, Vibons shall have no further obligation or liability to the User under this Agreement or otherwise, and the User shall be entitled to no compensation or other payment, remedy, recourse or refund.

Vibons may terminate the Account for violation of this Agreement.

Vibons may suspend or terminate the User’s Account in case of violation of this Agreement, along with any or all other Accounts held by the User or otherwise related to the User, as determined by Vibons in its discretion, and your violation of this Agreement shall be deemed to apply to all such Accounts. Upon termination of the Accounts, this Agreement between the User and Vibons will be automatically terminated and the User may not re-subscribe or return to the Service through other or future Accounts set up. Upon Account termination, the User will lose access to the Account and all licenses, Content, and data, and the User understand this is a risk of participating in the Service.

Upon termination of the Account, the User will no longer be able to access the Account or access (or transfer or direct the transfer to any other Account) any Content or data the User has stored on the Servers. All licenses granted by Vibons to use the Service, will automatically terminate.

Upon termination, the User will remain liable for any unpaid amounts owed by the User to Vibons.

CHAPTER VII: PAYMENT AND FEES

Vibons provides you with the ability to make payments through third party services, such as banks and Paypal. All subscriptions paid through these third parties are subject to the third party's Terms of Service, for which Vibons may not be held responsible. The User shall be responsible for any taxes and charges applicable under this section to Vibon’s performance of Services under this Agreement.

The User agrees to pay all charges incurred by the User or any users of the User’s account and credit card or applicable third party payment system, at the prices for products in effect when such charges are incurred. Verification of information applicable to an order may be required prior to Vibons’ acceptance of any order. Price and availability of any products are subject to change without notice. Vibons’ current prices can be found on the Website at http://www.vibons.com/Default.aspx#PlansandPricing

CHAPTER VIII: LIMITED WARRANTY FOR PRODUCTS

Vibons provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to the User by Vibons shall be free from defects in materials, design and workmanship. If a product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then the User shall have the right to request a replacement product as set forth below.

Vibons’ limited warranty does not in any way cover the User’s dissatisfaction with the quality of the created Video arising from or relating to the content used to create the Vibons Video.

Revisions

The User may demand revisions for the product by Vibons until the finalization of the product. The revision may not contain major changes on the product.

Major changes mean;

  • Changes in the approved scenario. (Minor changes up to 20 words are free of charge)
  • Changes in the approved style (characters, animated typography, objects etc.)
  • Changes in the approved voice-over.

CHAPTER IX: CANCELLATION

If the User selects to cancel the order the refund of payment on the base price shall be made according to the chart stating the percentages of the non-refundable amount;

2nd Step 3rd Step 4th Step 5th Step
Red Plan 25% 50% 75% Non-refundable
Blue Plan 20% 33% 50% Non-refundable
On Demand Cancellation within 7 days without revision 50% Cancellation within 7 days with revision 75%

CHAPTER X: SERVICE INTERRUPTIONS AND LOSS OF SERVER DATA

Vibons may on occasion need to interrupt the Service with or without prior notice. The User agrees that Vibons will not be liable for any interruption of the Service (whether intentional or not), and the User understands that except as may otherwise be specifically provided in Vibons's billing policies, posted on applicable areas of the Service and/or Website(s), the User will not be entitled to any refunds of fees or other compensation for interruption of service.

Likewise, the User agrees that in the event of data loss, Vibons will not be liable for any purported damage or harm arising therefrom. Vibons owns the bits and bytes of electronic data stored on the Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. Vibons will solely determine any disposition of the electronic data stored on the Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers.

CHAPTER XI: CONFIDENTIALITY

The content send by the User will be treated under the principles of confidentiality. However, Vibons may now or in the future offer users of the Service the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) User Content and Vibons may do this through forums, blogs, message boards, social networking environments, social communities, e-mail and other functionality , unless the User does not specifies in written otherwise.

CHAPTER XII: PRIVACY AND PERSONAL INFORMATION

The User consents to the collection, processing and storage by Vibons of personal information in accordance with the terms of Vibons Privacy Policy. The User agrees to comply with all applicable laws and regulations, and the terms of Vibon’s Privacy Policy, with respect to any access, use and/or submission by the User of any personal information in connection with the Website.

CHAPTER XIII: INTELLECTUAL PROPERTY RIGHTS

Vibons’ Intellectual Property Rights.

All materials contained in the Website are the copyrighted property of Vibons, its freelancers and affiliated companies and/or third-party licensors. All trademarks, service marks, brands, patents and trade names are proprietary to Vibons under law. The User may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. The User may not modify, decompile, or reverse engineer any software Vibons discloses to the User, and the User must not remove or modify any copyright or trademark notice, or other notice of ownership.

Vibons and its licensors may have patents, patent applications, trademarks, trade secrets, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in this Agreement, the provision of the Services and the furnishing of such Web pages to the User does not give the User any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved to Vibons and its licensors.

Others’ Intellectual Property Rights.

Subject to the licenses granted herein, the User retains all right, title and interest in and to the Content that the User provides to Vibons to perform the Service.

By placing any Content on the Website or providing any Content to Vibons to perform the Services, the User represents and warrants that: (1) the User is the copyright owner of such Content, or that the copyright owner of such Content has granted the User permission to use such Content consistent with the manner and purpose of the User’s use and as otherwise permitted by this Agreement and the Website; (2) The User has the rights necessary to grant the licenses and sublicenses described in this Agreement; and (3) that each person depicted in such Content, if any, has provided consent to the use of the Content as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.

The User agrees to indemnify, defend and hold Vibons, and its subsidiaries, affiliates, officers, managers, agents, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of the User’s Content, the User’s use of the Website, including any use by the User’s employees, connections to the Website, the User’s violation of the Agreement, or the User’s violation of any rights of another. Vibons may terminate the User’s account if Vibons, determines in its sole discretion that the User has infringed a third party’s intellectual property rights.

Rights and Responsibilities Concerning to the Creators Content

Vibons shall basically not verify the content, quality, accuracy, reliability, legality, concurrency, and usability, etc., of the Content, transmitted or posted by the Creators in relation to the Service. Vibons shall make no representations or warranties as to the content, quality, accuracy, reliability, legality, concurrency, and usability, etc. of the Creators Content, etc. in relation to the Service, and shall not be responsible.

Creators shall represent and warrant that the design, animation, character, text, , etc. is not violating the rights of any international third parties to Vibons and the User.

Creators shall grant the indefinite use of the intellectual rights such as copyrights of Creators Content, etc. to Vibons in the extent required for the operation of the Service and marketing activities for free of charge, and the Creators shall not execute the author’s moral rights to Vibons.

Vibons shall not be responsible for any damages that may incurred to the Creators or the third parties through the use of the Content, etc. on the Service. Creators shall entirely be responsible for the Creators Content, etc. as transmitted or posted by the Creators in relation to the Service.

Rights for the Produced Videos, etc.

Individual Creators that are members of the Vibons Creative Teams shall make no representations or warranties as to the characters, rough sketches, picture cuts, BGMs, sound effects and the video produced do not violate or may not possibly violate the rights of any third parties.

All intellectual properties including know-how and copyrights that are included with the Service, and all rights relating to such right know-how, copyrights are protected under the Intellectual Property Right.

The license of the items offered in the services belongs to Vibons according to the definitions under Defined Terms and the non-exclusive right for the end product has been transferred for an indefinite period to the User. The User may not change the specifications of the end product in any way without written permission of Vibons.

CHAPTER XIV: INFRINGEMENT NOTIFICATIONS

Notice of Copyright or Intellectual Property Infringement shall be made to following addresses;

By Mail: Zühtüpaşa Mh. Rıfat Bey Sk. No:13 Kızıltoprak, 34724, Istanbul/Turkey.

By Email: help@vibons.com

Vibons should be notified in case that the notifier’s intellectual property rights have been infringed by another User of the Website. Pursuant to the the appliclable Intellectual Property Rights

CHAPTER XV: DISPUTE RESOLUTION AUTHORITY

Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by Istanbul Çağlayan Courts and Execution Offices by applying Turkish law.

CHAPTER XVI: NOTIFICATION

Vibons may give notice to and obtain consent from the User by one or more of the following means: through the Service or Website, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for the User’s Account. When the User communicates with Vibons electronically, such as via e-mail and text message, The User’s consents to receive communications from Vibons electronically. All notices given by you or required under this Agreement shall be sent to ALGE Eğitim Danışmanlık Ltd., Zühtüpaşa Mh. Rıfat Bey Sk. No:13 Kızıltoprak, 34724, Istanbul/Turkey.