Terms and Conditions

Registered User Agreement

ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT track.video (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").

Contracting parties

The Site, together with all content, data and other materials contained therein (“Content”) is owned, validly licensed or controlled by Red Cactus LLC. Red Cactus LLC is referred to in these terms and conditions as "we", "us", "our" or “Track Video”. When you register with (or otherwise access) the Site, you are contracting with Track Video. You must be 13 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.

Passwords

You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via support@track.video and we will close your account as quickly as possible. Please note that you will be responsible to Track Video and to others for all activity that occurs under your registration account.

Your Personal Information

You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.

Track Video Services

Track Video has created and continues to develop proprietary technology that enables us to automatically generate and create videos ("Track Video Videos") incorporating audio track(s) uploaded by you (“User Music Content”) together with one or more videos, photographs, text or items of graphic artwork uploaded by you (“User Image Content”) and/or one or more videos, photographs, text or items of graphic artwork selected by you from our video library ("Track Video Video Content").

User Music Content and User Image Content

You retain ownership of all rights you hold in any User Music Content and User Image Content (together the “User Content”) which you upload to the Site and which are used in the creation of any Track Video Video.

You irrevocably grant to Track Video a non-transferrable, non-exclusive license to use, edit, format and arrange your User Content in any way to create one or more Track Video Videos (“User Licence”).

Without limiting the foregoing, Users also hereby irrevocably and unconditionally waive in perpetuity any and all moral rights with respect to all User Content (including without limitation those under Copyright, Designs and Patents Act 1988 and other applicable statutory or common law wherever applicable) and undertake not to commence or support any action for infringement in any such moral rights.

Please note that audio or musical work or image and video content forming part of any User Content may be protected by copyright (even if not marked with the © symbol) and if you are not the creator of such User Content then you must first get permission from the creator of that content or the copyright holder before uploading the that content as User Content to the Site.

Additionally, if you want to upload or publish any User Content depicting or portraying someone other than yourself, you must get permission from such individual(s) before uploading to the Site. Do not upload any User Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. Prior to uploading any User Content to the Site, you must ensure that you have all permissions and rights necessary to grant the User Licence above and for such User Content to be lawfully included in a Track Video Video.

For the avoidance of doubt, you warrant that all User Content uploaded by you, either from your own computer or another site/server, is either created and owned entirely by you or you have the necessary licenses, rights and permissions to use the User Content and to grant to us the rights granted hereunder. You further represent and warrant that the use of the User Content, in connection with the creation of Track Video Videos, Video Compilations will infringe the intellectual property rights of any third party.

Track Video Video Licence

Subject to the User paying the relevant fee, Track Video grants each User in respect of final edited and rendered version of each Track Video Video ordered through the Site a revocable perpetual right to download that Track Video Video and use that Track Video Video to promote the User Music Content relating to same which shall for the avoidance of doubt include any personal use, or exploiting, commercialising or promoting the Track Video Video on social media accounts and on-line streaming platforms such as YouTube and Spotify or other broadcasting or media platforms (Track Video Licence).

For the avoidance of doubt Users shall not be entitled to modify, cut, edit or rearrange such Track Video Videos and without any right to access or download any of the Track Video Video Content which is comprised in such Track Video Videos.

Save as granted pursuant to the Track Video Licence above, all rights, title and ownership in and to Track Video Videos shall be exclusively owned by Track Video at the time each Track Video Video is created and Track Video specifically reserves unto itself all intellectual property rights and other rights of every kind and nature, whether now or hereafter known or in existence, in connection with all Track Video Videos.

Use of the Services

You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on or through the Site. The accounts of our Users 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, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use. We reserve the right to terminate any free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period. You are solely responsible for making backup copies of any and all of your User Content. Do not rely upon the Site as a primary storage space for your content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

Storage

Upon registering as a user with Track Video, you will be assigned one (1) user account. Track Video limits the maximum amount of disk space per account for storing Track Video Videos and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are non-refundable.

Content

We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) Track Video Videos, User Music Content, uploaded User Image Content or any other materials uploaded to the Site or exhibited or otherwise exploited by users. However, we reserve the right in our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

No Endorsement by Track Video

Objectionable Material

If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to support@track.video. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.

Code of Conduct for User Content

You agree to obey all applicable laws in using the Site, and agree that you are responsible for the contents and/or communications you upload to or initiate via the Site, including User Content, and any Track Video Videos created therefrom. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site and all User Content): not to upload content or participate in any form of activity via the Site which is in the opinion of Track Video immoral, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;

not to use the Track Video Videos in any manner or on platforms, broadcasts or media, which exhibit, promote, or are associated with, any illegal activities or other activities or purposes which Track Video may find objectionable for any reason;
not to upload content which you do not have the right to use;
not to abuse other users or anyone else;
not to publish your own contact details or those of anyone else to any third party;
not to register more than one account for yourself or anyone else;
not to upload content that contains 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;
not to upload content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; and
not to upload content intended to be used for a commercial purpose of any kind, other than for promotional purposes relating directly to content in which you own all relevant rights.

You acknowledge and accept that when you upload material to Track Video, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.

Prices and Payment

Prices and availability of Products and/or Payment packages posted on the Site are subject to change without notice. All prices are in US Dollars. Prices do not include any applicable import duties that may be added by authorities in a destination country. Prices (and any delivery costs) are as set out on the relevant pages of the Site. We may change the prices for Products at any time by posting new prices on the Site. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that downloadable content may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

Credit Cards

Payments hereunder must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro and American Express. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. Customer credit notes issued by us can only be used for purchasing items on the Site. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.

YouTube Integration

By using Track Video to upload videos to YouTube, you agree to be bound by the YouTube Terms of Service.

Acceptance

By placing any order for products or services via the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.

Refunds

Due to the nature of downloadable products and online services, any refunds made are at the sole discretion of Track Video. Nothing herein affects your statutory rights. Subscription payments are non-refundable.

Liability

You agree that the liability of Track Video to you hereunder shall be limited to the amount you have actually paid to Track Video for its products or services hereunder of, if greater, $100. Except as set out herein, Track Video shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Track Video.

Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL Track Video PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Track Video, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF USER IMAGE CONTENT AND/OR USER MUSIC CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Indemnity

You agree to indemnify Track Video for any loss or damage that may be incurred by Track Video, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify Track Video for all loss or damage incurred by Track Video in relation to any third party claim against Track Video for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.

Termination of this Agreement

Track Video may at any time terminate this legal Agreement (including without limitation the Track Video Licence), if in our sole discretion without prior notice to you and without reimbursement, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. 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.

Repeat Infringers

Your account will be terminated if, in Track Video's reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).

Complaints

If you believe that you are the owner of the copyright or other rights in any third-party material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via support@track.video. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via support@track.video (making sure to include both the URL for the non-complying content and the reasons you believe it does not comply).

Trade Marks

The brands, products and service names used in the Site and the Content (including without limitation, "Track Video”) are trademarks or trade names of Track Video or its trading partners unless otherwise stated.

Hacking

You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/ or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Track Video will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Track Video or any other parties through your use of the Site, the Content or any services provided hereunder. Track Video reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

No Partnership

Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

Entire Agreement

This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

Severance

No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

No Waiver

If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

Variation

This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

Law and Jurisdiction

This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

Contacting Us

If you have any questions, please email us via support@track.video.