License Grant

Subject to the provisions of these Terms and your payment of Fees as set out in Section 4 below, Lyceum grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your business purposes only (“License”).

Eligibility

You should be of legal age of majority in the country where you are creating your account to access or use the Services. If you are under the legal age, your parents or legal guardians shall agree to be bound by these Terms on your behalf. By agreeing to these terms, your parents consent to be bound by the implications of all your actions or inactions in your account.

If you are representing an educational institution or using these Services for educational purposes, you shall be responsible for your compliance with the children's privacy laws in your state, and you agree to obtain parental consent if you are setting up students’ accounts on behalf of your students who are under the legal age.

If you are representing a company, organization, or other legal entity, then you agree to these Terms for that entity and represent to Lyceum that you have the authority to bind such entity to these Terms.

Revisions

Lyceum may modify the Terms at any time. In case of significant changes to the Terms, you will be notified in your registered email address with at least 30 days advance notice of the changes made to the Terms. You may accept the modified terms by continuing to use the Services after the effective date of the modified Terms. If you do not agree to such modified Terms, you may terminate your use of the Services within 30 days of being notified of the modified Terms.

Fees, Payments, & Taxes

The fees for access and use of the Service will be billed to your credit card provided during the registration process at the beginning of every month. Except for the taxes on Lyceum’s net income, you are responsible for all sales, excise, VAT, and all other taxes associated with your use of the Services. Lyceum may increase the fees and bill your credit card for such increased Fees at any time and from time to time upon thirty (30) days prior notice to you.

Restrictions on Use of the Services

In addition to all other terms and conditions, you agree not to:

• Provide any service based on the Services without Lyceum’s prior written permission;
• Transfer the Services or otherwise make it available to any third party except in furtherance of your internal business purposes as expressly permitted herein;
• Falsely imply any sponsorship or association with Lyceum;
• Use the Service(s) in any unlawful manner, including but not limited to the violation of any person’s privacy rights;
• Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
• Use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
• Attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy, or otherwise access or discover the source code of the Service(s);
• Use the Service(s) to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, threatening, or discriminatory;
• Use the Service(s) without obtaining the necessary consent and approval of individuals whose LinkedIn Profile screenshots You may be using as part of the functionality of capturing and integrating screenshots with the video You will be generating through the Service(s)
• Use the avatar generator functionality in violation of the Avatar Terms. In case any individual their image is used in the avatar generator functionality without their express consent, they have the right to notify the creator of the avatar to delete the avatar and/or request Lyceum to delete the avatar by sending a mail to support@hippovideo.io. Lyceum, on the basis of the credibility of the complaint, may delete the avatar if needed.

You shall be responsible for the loss, damage, destruction, and unlawful transmission of any data in violation of this Clause, and you acknowledge and agree that Lyceum shall have no liability for claims arising from your failure to comply with this Clause.

Personal Information:

You are responsible for maintaining the confidentiality of your username, password, and other sensitive information that you provide to Lyceum while registering for the Services. You are responsible for all activities that occur in your user account, and you agree to inform Lyceum immediately of any unauthorized use of your user account by email to support@hippovideo.io. Lyceum is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account or otherwise.

Any information collected from you will be used by Lyceum in the process of providing the Services to you. Lyceum will use and protect your information as detailed in its Privacy Policy, which is incorporated into these Terms by reference.

Except as detailed in Section 2 of these Terms, Lyceum will not knowingly collect, use, or process any personal information of children under the legal age of majority.

Collection, Use, & Transfer of Your Data

• Lyceum collects your personal data as part of your registration process for the Services. Personal data means and includes any and all data indicating the identity of the person to whom it relates or data that can be used to identify a person.
• Lyceum will treat all your personal data as confidential data and will use it after obtaining consent from you for the purpose of providing the Services. By consenting to Lyceum’s use of your personal data, you also consent to the processing of your data on servers located outside your territory.
• Except for those circumstances detailed in Lyceum’s Privacy Policy, your personal data will not be passed on to third parties without obtaining your explicit consent.
• From time to time, Lyceum may offer the Services in conjunction with other companies. If you register for or use a service of this type, the other company will also receive the information collected by Lyceum in connection with this service and only to the extent required for providing its services. The companies concerned undertake to maintain the confidentiality of data thus transferred. These other companies shall be expressly prohibited from using your information for any other purposes.
• Additionally, your data may also be passed on to a service provider for processing payments within the scope of execution of these Terms.
• Lyceum may also transfer personal information, including the content of the user's messages, for the following purposes:
  • To meet statutory requirements or in response to complaints or legal proceedings,
  • to protect the rights or property of Lyceum and its customers, including the enforcement of agreements or guidelines on the use of the services,
  • to act on the justified assumption that such action is necessary to protect Lyceum's employees, customers or the general public.

Prohibited Content:

All videos uploaded from your account (‘Content’) belong solely to you. You hereby agree not to upload any Content that is likely to violate the restrictions in Section 5 of these Terms. Lyceum reserves the right to investigate and take appropriate action against anyone who violates the provisions of these Terms, including removing the corresponding Content without prior notice, terminating or suspending the user’s account or access to the Services, and/or reporting such Content or activities to the respective law enforcement authorities.

Content Ownership

You hereby grant to Lyceum an irrevocable, perpetual, non-exclusive, transferable, and worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt and distribute (through multiple tiers), the content solely for the purpose of providing the Services to you. Except for the right expressly granted to Lyceum herein, you do not grant any ownership rights to the content created by you to Lyceum. Lyceum respects your ownership rights in the content created or stored by you using the Services.

You may transmit or publish any content created by you using the Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.

Ownership & Intellectual Property Rights

Lyceum is not selling but is only granting a License to use the Services in accordance with these terms and conditions. Lyceum owns all rights and titles in the Service, including, without limitation any and all copyrights, trade secrets, trademarks, and other proprietary rights.

Use of Name & Logo

When you sign up or access the Services representing an entity, you hereby grant to Lyceum the right to use your entity’s trade name, trademark or service mark, whether registered or unregistered, in Lyceum’s marketing, sales, or other publicly available materials solely to identify you as a user of Lyceum’s Services. If you have any concerns in granting this right to use to Lyceum, you can write your concerns to us at privacy@hippovideo.io

Except as expressly stated herein, neither party shall use the other party’s trade names or trademarks without first obtaining written permission from the owning party.

Confidentiality

You acknowledge and agree that these Terms and the Service contain proprietary information of Lyceum (“Confidential Information”). You agree to maintain the confidentiality of the Confidential Information using at least the same degree of care that you will be using to maintain the confidentiality of your own most confidential information. Notwithstanding the foregoing, in the event that you are required by a valid court order or other governmental body to disclose Confidential Information, you may disclose such Confidential Information provided that you first give Lyceum prompt notice in order to enable Lyceum to have the opportunity to seek protection from such order of disclosure.

Indemnification

Disclaimer of Warranties

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. EXCEPT AS PROVIDED IN THESE TERMS, LYCEUM SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES EVEN IF LYCEUM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT SHALL LYCEUM’S ENTIRE LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS ARISING HEREUNDER EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO LYCEUM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIATION OF SUCH CLAIM OR ACTION.

Termination

Lyceum may, without notifying you, suspend or terminate your subscription to the Services under the following circumstances:

• If you breach any of the provisions of these Terms and fail to cure such breach within 30 days of notification,
• If Lyceum becomes aware of the unlawful transmission of data by you.

You have the right to terminate your subscription to the Services at any time. You may also terminate your subscription in case Lyceum is in breach of its obligations under these Terms.

Effect of Termination:

Upon termination, you shall stop using or accessing the Services. Lyceum shall, upon your request, return your data uploaded using the Services and completely delete all your personal data obtained from you at the time of registration for the Services.

Survival:

Injunctive Relief

You agree that breach of Section 12 of these Terms will give rise to irreparable harm and injury to Lyceum and leave Lyceum inadequately compensated in damages. Accordingly, Lyceum may seek and obtain injunctive relief against your breach or threatened breach, in addition to any other legal remedies. You further acknowledge and agree that this provision is necessary for the protection of Lyceum’s legitimate business interests and is reasonable in scope and nature.

Relationship of Parties

In performing any and/or all of Lyceum’s respective obligations under this License, Lyceum and You shall each operate as and have the status of being an independent contractor of the other party and neither party shall act as or be an agent or employee of the other party.

Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law principles. You hereby expressly agree to submit to the exclusive jurisdiction of the federal and state courts in the State of Delaware, New Castle County, for the purpose of resolving any dispute relating to these Terms or access to or use of the Service by you, your affiliates, agents or end-customers.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in New Castle, Delaware before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Third-Party Services or Non-Lyceum Services

Customer may choose to integrate, connect, or use Lyceum's services with other services not directly provided by Lyceum and, in doing so, grants Lyceum permission to interoperate with these Non-Lyceum Services and share Customer Data and Customer Content with them as directed by Customer or the Non-Lyceum Services.

If Customer uses Third Party Service: (i) Customer warrants that if they use Lyceum's Services to upload or make public Customer Content to Non-Lyceum Services, including but not limited to YouTube or Google Classroom, that such Customer Content shall comply with the corresponding third-party terms of use (for example, Lyceum Services uses the API for uploading content to Non-Lyceum Services such as YouTube and Google. Please refer to their Terms of Service (ToS), Google Privacy Policy. Click Security Setting page to see what apps have access to your Google account) in effect and as updated from time to time; (ii) Lyceum does not warrant or support Non-Lyceum Services; (iii) Customer assumes all responsibility for the Non-Lyceum Services and any disclosure, modification or deletion of Customer Data by the Non-Lyceum Services; and (iv) Lyceum shall have no liability, and Customer is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation, due to any unavailability of the Non-Lyceum Services or any change in the ability of Lyceum to interoperate with the Third Party Services.

End of Terms:

If you have any questions or concerns relating to these Terms, please write to us at privacy@hippovideo.io