Revised: May 7, 2012

Acceptance of Terms of Use
These Terms of Use govern your use of the WeVideo website ("Site") and WeVideo services ("Services"). WeVideo, Inc. ("WeVideo") provides the Site and Services.

BY USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS OF USE. You must be 13 years of age or older to use the Site or Services. By continuing to use the Site or Services, you are warranting that you are at least 13 years old and you (or, if you are younger than the applicable age of majority, your parent/legal guardian) have read and agree to be bound by these Terms of Use.

If you do not agree with these Terms of Use, immediately stop using the Site and Services.

License to User Content in order to Provide You with the Site and Services
For clarity, you retain all of your ownership rights in any content that you submit, post, create, or transmit to or using the Site or Services, including your WeVideo videos that you create using the Site or Services (collectively your "User Content").

However, by using the Site or Services, you hereby grant to WeVideo a limited license to reproduce, modify, display, perform, distribute, and otherwise use your User Content solely in connection with the Site and Services. This license is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning WeVideo does not owe you anything else in connection with its use of your User Content. WeVideo may exercise its rights anywhere in the world. Finally, this license is perpetual, meaning that the license lasts for an indefinite period of time. For clarity, this license is necessary so that WeVideo can host your User Content, and so that you can create WeVideo videos from your other User Content, on or through the Site or Services. WeVideo will not use your User Content for any other purpose without your consent.

There are five (5) tiers of subscription service available for accessing the Site and Services: WeVideo FREE, WeVideo Plus, WeVideo Ultra, WeVideo Commercial, and WeVideo Enterprise. Each subscription tier is different. For more details about these subscription tiers and the additional benefits and restrictions thereof, which may differ from and therefore supplement these Terms of Use, please go to our Subscription Page at www.wevideo.com/account-setup, which is incorporated by reference into these Terms of Use.

Updates to the Terms of Use
These Terms of Use shall remain in full force and effect for the full duration of your use of the Site or Services. From time to time, we may change these Terms of Use. If we change these Terms, we will give you notice by posting the revised Terms of Use on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to use the Site or Services, you agree to the revised Terms. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.

Use of the Site and Services
You have WeVideo's permission to use the Site and Services, as long as you follow these Terms of Use. The Site hosts your User Content provided by you and the WeVideo videos created from your other User Content.

To access the Site or Services, you may first have to register an account. During registration, you must accept these Terms of Use. You agree to provide true, accurate and current information in the account creation process.

You may be required to provide an email address in order to use certain features of the Site or Services. You may use the Site or Services without verifying your email address. However, if you wish to invite others to use the Site or Services, you must verify your email address and accept to receive emails from WeVideo.

You are responsible for ensuring that your username and password for the Site and Services are used correctly and safely, and that you keep them secret and entrust them to no one. You are responsible for all activity on the Site and Services associated with your username and password. You are obligated to notify us immediately should you know, or suspect, someone has, or will have, unauthorized access to your username and password. You can contact us by sending an e-mail to support@wevideo.com.

Should you forget or lose your username or password, you must contact us immediately at support@wevideo.com and follow the instructions we provide. WeVideo reserves the right to refuse continued access to the Services if WeVideo, in it sole discretion, suspects there is a security risk. WeVideo reserves the right to require that you change your username and password at any time.

You agree not to use the Site or Services for any of the following commercial uses unless you obtain WeVideo's prior written approval: the sale of access to the Site or Services; or the sale of advertising, sponsorships, or promotions placed on or within the Site or Services or User Content. Prohibited commercial uses do not include: uploading User Content to WeVideo or maintaining an original channel on WeVideo to promote your business or artistic enterprise; exporting and making legal use of a video you created on WeVideo; or any use that WeVideo expressly authorizes in writing.

You shall be assigned only one (1) user account.

The aggregate file size of all your User Content stored by the Service shall not exceed the limit as specified on the Site and/or associated with your account, which may change from time to time at our sole discretion. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.

Furthermore, we reserve the right to terminate any free user account with no prior notice to you, including the deletion of any User Content or WeVideo videos associated therewith, if the account has been inactive for a six (6) month period.

You are solely responsible for any charges or expenses incurred while accessing and using the Services. WeVideo, in its discretion, may impose charges upon usage of any parts of the Services at any time provided that WeVideo shall provide notice of any such charges before effecting payment against you.

You agree that WeVideo shall have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site and Services. User accounts operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, or session time, is prohibited. You acknowledge that WeVideo has the right, in its sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site or Services, or limit the amount of storage space, bandwidth, or other resources you may use.

Do not rely upon the Services as a primary storage space for User Content and your WeVideo videos. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You understand the limited nature of "cloud" based storage security and that loss of data is a possibility. We cannot and do not guarantee the security of any data or content you store or transmit through the Site or Services.

All information we obtain about you in connection with your use of the Site or Services is subject to our Privacy Policy at www.wevideo.com/privacy-policy, which is incorporated by reference into these Terms of Use.

We reserve the right, in our discretion, to embed a WeVideo watermark in any WeVideo videos exported from any WeVideo FREE account. You agree not to remove or disable WeVideo watermarks from such WeVideo videos. By embedding a WeVideo watermark in such WeVideo videos, we are not endorsing, and we assume no liability for, the content of such WeVideo videos or their use.

Acceptable Use
You agree to obey all applicable laws and regulations and terms and policies in using the Site or Services, and agree that you are responsible for the content of your User Content, communications, and other uses of the Site or Services.

You agree that you will not upload, share, or otherwise distribute any User Content, including text, graphics, images, video, sounds, data, music, or other information, that:

are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
contain explicit or graphic descriptions, depictions, 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;
victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or other protected status;
infringe on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary right of WeVideo or any third party;
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;
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; or
contain measures that could be used to determine the architecture of the Site or Services, or could be used to decompile, disassemble, or reverse engineer the Site or Services.
We do not endorse the contents of any User Content, and expressly disclaim any and all liability in connection with User Content. We do not pre-screen or monitor User Content as part of a regular practice. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Use or any other rules of user conduct for the Site or Services, or is otherwise harmful, objectionable, or inaccurate. WeVideo is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against WeVideo arising out of such removal of content or delay thereof.

In the event that you encounter content which you believe does not comply with these Terms of Use, please notify us at support@wevideo.com. You understand that in using the Site or Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against WeVideo arising from your exposure to such materials. You further agree that your sole recourse if you are exposed to inappropriate content is to stop using the Site or Services.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that WeVideo at any time, in its sole discretion, may terminate your account and remove and discard any User Content or WeVideo videos created using your User Content within the Site or Services, without prior notice to you and without reimbursement if we suspect a violation of any of these Terms of Use. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Representations & Warranties
You represent and warrant that you have full power and authority to enter into these Terms of Use and the performance of your obligations hereunder these Terms of Use will not constitute a breach or violation of any clause of any agreement to which you are a party and/or violate any rights of any third parties arising thereof. You represent and warrant that you have obtained and will maintain throughout your usage of the Services or access to the Site or Services any rights, authorizations or licenses that are required to submit your User Content to the Site and to permit WeVideo to host such User Content and WeVideo video(s) as contemplated by these Terms of Use.

You also agree that you shall only use the Site and/or Services according to the limited rights granted to you in these Terms of Use

Intellectual Property
WeVideo's Intellectual Property Rights

WeVideo is the owner and retains all proprietary rights to the Site and Services, and all associated copyrights, trademarks, brands, patents or other proprietary rights under law. You are permitted to use the Site or Services (and any content available on or through the Site or Services) only in accordance with these Terms of Use or as otherwise authorized in writing by WeVideo.

WeVideo's trademarks may not be used in connection with any product/service that is not provided by WeVideo, in any manner that is likely to cause confusion among customers or users of the Site or Services, tarnishes or dilutes the marks, or disparages or discredits WeVideo.

The Services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use the Services only in conjunction with the Site and in accordance with these Terms of Use.

Others' Intellectual Property Rights

WeVideo deeply respects the third party intellectual property rights that may be implicated in creating a WeVideo video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating a WeVideo Video using WeVideo's proprietary software, you will be able to use User Content such as photos, graphics, animations, text, video and audio. You will be able to either upload your own music, or select musical content available from WeVideo. If you do chose to use such music content in your WeVideo video, that music content may only be used for that purpose only and may not be separated from the WeVideo video and used alone or in any other manner. You can also select video content available from WeVideo. Both the video and musical content from WeVideo have associated intellectual property rights as described further herein.

You retain any and all rights you hold with respect to your User Content, subject to the license granted to WeVideo in these Terms of Use.

If you are not the creator of the content that you use, then you must get permission from the creator or the copyright holder to use the content in a WeVideo video.

Copying music without purchasing or obtaining the rights to the music is against the law. If you are unsure whether you have the necessary rights to use music in a WeVideo video, we encourage you to choose musical content available through WeVideo. Similarly, any trademarked or copyrighted material, such as a company logo appearing on the clothing of a performer or on a sign in the background for example, must only be used with the permission of the creator or the copyright holder.

Furthermore, if you want to publish images or voice of someone other than yourself, you must get permission from the individuals portrayed before using the content in a WeVideo video. Do not upload any media that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Site or Services.

You represent, warrant, and covenant that you own or control the necessary rights (including, without limitation, the copyright in media files uploaded by you, either from your own computer or another website/server and the video itself and all music and other copyrightable subject matter reproduced or used in connection with the video and the publicity rights for anyone who is recognizable in the video), in order to make the grant of rights, licenses, and permissions that you have made herein, and that the exercise of such rights, licenses, and permissions by WeVideo shall not violate or infringe the rights of any third party.

All trademarks and/or service marks displayed on the Site or Services are the exclusive property of their respective owners, and may not be used without the owner's permission.

Copyright or Intellectual Property Infringement
Notice of Copyright or Intellectual Property Infringement

Please notify us in writing, by mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").

To be effective the notification should include:

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit WeVideo to locate the material on the Site or Services;
information reasonably sufficient to permit WeVideo to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.

You acknowledge and agree that upon receipt of any notice of claimed infringement, WeVideo may immediately remove the identified materials from the Site or Services and may disclose the notice to the party that originally posted the materials, without liability.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:

1. a physical or electronic signature of the user;

2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the user's address is outside of the United States, the Federal District Court for the Northern District of California, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by mail to the following individual, designated as WeVideo's agent for receipt of notifications of claimed infringement:

WeVideo, Inc. 440 North Wolfe Road, Sunnyvale, CA 94085 or email: legal@wevideo.com.

Repeat Infringers

Your account will be terminated if, at WeVideo's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Disclaimer of Warranties; Limitation of Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEVIDEO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, WEVIDEO AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. WEVIDEO AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

WEVIDEO AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEVIDEO OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WEVIDEO NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent WeVideo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WeVideo's liability will be the minimum permitted under such law.

Indemnification
You agree to indemnify and defend WeVideo and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. WeVideo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If WeVideo does assume the defense of such a matter, you will reasonably cooperate with WeVideo in such defense.

Termination of Use
We may terminate or suspend your use of this Site or Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site or Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Use will survive termination: Intellectual Property, Disclaimer of Warranties; Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.

Governing Law
The laws of the state of California, USA, will apply to all matters relating to these Terms of Use, the use of the Site or Services, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that WeVideo, may assign these Terms of Use in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under these Terms of Use, and any attempt to do so will be void.

These Terms of Use, WeVideo's Privacy Policy, and any other written terms or policies associated with the Site and Services shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement these Terms of Use and/or the Privacy Policy shall be void unless agreed to in writing signed by WeVideo.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.