By using VideoPunch or related services of PunchGroup (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
The Terms of Service govern any use of the Service by you. Accordingly, in using the Service, you acknowledge that you have read and accept these Terms of Service and agree to be legally bound by them.
If you are using the Service on behalf of someone else (such as your employer or contractor), you represent and warrant that you have authority to bind that person or entity to these Terms of Service and by accepting the Terms of Service, you are doing so on behalf of that person or entity (and all references to “you” in these Terms of Service refers to that person or entity. For the avoidance of doubt, if you are an employer and provide your employees, contractors or other related parties with access to the Service (on your behalf), then you represent and warrant that you have authority to bind such persons to these Terms of Service and will use best endeavours to ensure such persons (i.e. your employees, contractors and related parties) are aware of the same.
PunchGroup reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with or cannot comply with the Terms of Service, you are no longer authorised to use the Service. You can review the most current version of the Terms of Service at any time.
3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4. You must provide and maintain a valid email address.
5. You must be legally able to enter into a contract relationship in New Zealand or Australia.
6. You are responsible for maintaining the security of your account and password. PunchGroup cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
8. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
9. Reselling or distributing the Service is not permitted without express permission granted by PunchGroup.
10.The Service and its original content (excluding Content provided by you), features and functionality are and will remain the exclusive property of PunchGroup.
11.Violation of these Terms of Service will result in the termination or suspension of your Account (at the discretion of PunchGroup).
12.While PunchGroup prohibits such conduct and Content on the Service, you understand and agree that PunchGroup cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
13.You agree to defend, indemnify and hold harmless PunchGroup and its licensee and licensors, and their employees, contractors, officers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees), resulting from or arising out of: (a) your use and access of the Service (including any person using your account and password; and (b) a breach of these Terms of Service by you (including any person using your account and password); and (c) Content posted by you on the Service.
14. You agree for VideoPunch / PunchGroup to communicate from time to time with you about updates, new features, and information on our products.
Your Rights & Obligations:
1. You agree to use the Service (of PunchGroup) on an ‘opt-in’ basis. Specifically, YouTube, MP4 or other video formats created must not be sent to people/third parties who have not requested them.
2. You agree to not register a false company name for a Company name, brand or Trademark that does not belong to you. PunchGroup reserves the right to transfer videos in such cases of abuse.
3. Any contact information gained through the use of PunchGroup must be treated with respect and any messages sent must comply with The Unsolicited Electronic Messages Act 2007 and all other relevant laws and regulations Fees
4. PunchGroup operates by the payment by users for its Service. These fees can be viewed on the pricing page of the PunchGroup website or otherwise as communicated to you by PunchGroup. PunchGroup reserves the right to alter these fees at any time by giving 30 days’ notice on the website or otherwise communicating directly with you. You agree to pay the current fee for the Service you have subscribed to.
5. Fees for subscription based services are collected by monthly charge either on your anniversary date or a date agreed between PunchGroup and user.
6. Fees can also be collected on demand when purchasing “Add-on’s” or if you are a “Pay as you go” customer.
7. You are responsible for there being sufficient funds in your chosen account.
8. You may cancel your account and its associated payment at anytime.
9. Should a payment not be completed then your video(s) associated to that account will not be available for active use. You will have 7 days to make payment on the account. After that time your video(s) will be released.
10. All fees are exclusive of GST unless otherwise stated.
Cancellation and Termination
1. If you cancel your account you will only have access to the videos built in the previous months. You are responsible to export all important videos before the month is up if you choose not to continue to make payments for the Service.
2. You are solely responsible for properly cancelling your account.
3. PunchGroup, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PunchGroup service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all Content in your account. PunchGroup reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service
1. PunchGroup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. PunchGroup shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Copyright and Content Ownership1. By uploading Content you are assigning PunchGroup legal right to modify, display, distribute and use such Content.
2. You agree to allow others to view and share your Content inclusive of distribution by RSS or other means of Content syndication by the Service.
3. PunchGroup and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any of your Content that is available via the Service.
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or PunchGroup.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PunchGroup.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PunchGroup customer, employee, member, or officer will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not upload, post, host, or transmit unsolicited video or videos.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. PunchGroup does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
10.You expressly understand and agree that PunchGroup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PunchGroup has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
11.The failure of PunchGroup to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PunchGroup and govern your use of the Service, superseding any prior agreements between you and PunchGroup (including, but not limited to, any prior versions of the Terms of Service).
12.Questions about the Terms of Service should be sent to support at email@example.com.