Terms and Conditions
Agreement and Acceptance
Welcome to RawShorts.com. The RawShorts.com website (the
"Site") is comprised of various web pages operated by Raw Shorts,
Inc. ("Raw Shorts"). RawShorts.com is offered to you conditioned on
your acceptance without modification of the terms conditions, and notices
contained herein (the "Terms"). Your use of RawShorts.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
Unless explicitly stated otherwise, these Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Raw Shorts’ resources and services.
Description of Service
RawShorts.com is an E-commerce Site. Raw Shorts is a cloud based video builder that allows businesses and individuals to create presentation and explainer videos using a template based system. Users can upload their own media or select from a library of icons, animations and templates to create their videos. Once complete, users can export their videos directly to YouTube or depending on their level of subscription download an HD version of their video.
Visiting RawShorts.com or sending emails to Raw Shorts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
To access services through our Site, you must register as a User and have an Account. If you register on behalf of a business, you represent to Raw Shorts that you have the authority to accept the terms and conditions of this Agreement and bind that business to this Agreement. In the registration form provided on the site, you are required to fill in the required details. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Raw Shorts is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to notify Raw Shorts immediately of any unauthorized use of your account or password, or any other breach of security. Raw Shorts and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Raw Shorts does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RawShorts.com only with permission of a parent or guardian.
Subscription and Payment Terms
Raw Shorts may also grant You, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable right to access and use the Raw Shorts Assets and Raw Shorts Platform, on a free trial basis, not to exceed 7 days. The free trial also has a maximum limit of 5 total drafts / projects. Such trial subscription shall not include any license to use, reproduce, display, perform or distribute Your Videos for any commercial use other than for You to evaluate the Raw Shorts Assets and Raw Shorts Platform.
A registered user can opt for Pay per export – or
“prepaid”, Monthly Subscription or Annual Subscription account. Subscription
amount will be automatically charged at the end of one month or one year
depending on the type of subscription. In case of an upgrade of the account or
change in subscription type, fees charged for one account type may not be credited
towards other account types. All currency references are in U.S. dollars.
In the case of a subscription any credits obtained for a monthly subscription will expire at the end of the month’s billing period. Unused export credits do not rollover into the next pay period.
Unused export credits purchased through a prepaid package expire within 6 months of their purchase.
You can cancel or terminate your account before the end of the subscription period. However, no subscription amount or prepaid export package will be refunded under any circumstance.
In case a payment is not successful or there is a reversal or chargeback, your paid Raw Shorts account will revert to a Raw Shorts Free account and will be subject to the limitations of a free Raw Shorts Free account; provided, however, that Raw Shorts reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your paid account prior to its reversion to a Raw Shorts Free account. Raw Shorts further reserves the right to terminate, or change the status of a paid account to a Raw Shorts Free account, if any user attempts to fraudulently obtain Raw Shorts educational pricing.
Links to third party sites/Third party services
RawShorts.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Raw Shorts and Raw Shorts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Raw Shorts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Raw Shorts of the site or any association with its operators.
Certain services made available via RawShorts.com are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the RawShorts.com domain, you hereby
acknowledge and consent that Raw Shorts may share such information and data
with any third party with whom Raw Shorts has a contractual relationship to
provide the requested product, service or functionality on behalf of
RawShorts.com users and customers.
Raw Shorts does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by a third
party through the Raw Shorts site or any hyperlinked site or featured in any banner
or other advertising. As with the purchase of a product or service through any
medium or in any environment, you should use your best judgment and exercise
caution where appropriate. These third party sites have their own privacy
policies. We encourage you to review the privacy policies of websites you
choose to link to from Raw Shorts so that you can understand how those websites
collect, use and share your information. Raw Shorts is not responsible for the
privacy policies or other content on websites outside of Raw Shorts. As a
provider of online services, Raw Shorts is not liable for any statements,
representations or content provided by its users in any public forum, blog or
other interactive area, even if Raw Shorts has been advised of the possibility
of such damages. Because some jurisdictions prohibit the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Raw Shorts or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Raw Shorts content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for marketing, promotional and/or educational use, and will make no other use of the content without the express written permission of Raw Shorts and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Raw Shorts or our licensors except as expressly authorized by these Terms.
Code of Conduct/ Fair Usage Policy
User agrees that use of the site is subject to all applicable International, National, State, and Local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Raw Shorts for lawful purposes only.
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Raw Shorts and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Violate any person's or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• Interfere with others using the Services or otherwise disrupt the Services;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users;
• Engage in unauthorized spidering, scraping or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
• Impersonate any person or entity, including any of our persons or representatives, or otherwise misrepresent your affiliation or the origin of materials you transmit; or
• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
• Sharing sexually explicit contents on this website.
If you encounter such prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to firstname.lastname@example.org.
In case of any violation of these Terms, Raw Shorts reserves the right to seek all remedies available by law and in equity for such violations.
Some Raw Shorts accounts are offered with a free trial period. Such free trials are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.
Materials provided to RawShorts.com or posted on any Raw Shorts web page
Raw Shorts offers features which can be used to share, or not share, your video, presentation or designs with others.
Raw Shorts Free Accounts. If you have a Raw Shorts Free account, all of the content you create, including all of the information within your videos, presentations and or designs, and your user name will be available to anyone who has access to the internet (“Public User Content”). Public presentations can be viewed by other Raw Shorts users; will appear in the searchable Raw Shorts database, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to Raw Shorts and to each User and to the public a worldwide, non-exclusive, revocable license to access, view, use and publicly display your Public User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content which has already been shared with others and they have not deleted it.
LICENSES YOU GRANT TO RAW SHORTS FOR USE OF PUBLIC USER CONTENT AND PRIVATE USER CONTENT
In order to provide the Service to you hereby grant to us license to host, store, publicly display/ perform the work, modify/reproduce the content, create derivative works that will work most efficiently with the service.
With respect to Private User Content, you hereby do and shall grant to Raw Shorts (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sub-licensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1)for the purpose of providing you, and those with whom you have shared your videos, designs or presentations, with the Service, and (2) in connection with promotion and marketing of Raw Shorts products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license automatically terminates when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content for three years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content indefinitely.
Regardless of whether you designate content public or private, Raw Shorts makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.
Third Party Content
Raw Shorts gives you the option, when creating or editing a video, design or presentation, to search for and insert third party content, such as images, into your videos, designs or presentation. Such third party content is subject to certain license terms. You shall have the necessary license or permission from the owner of such content to use the same for commercial purpose. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a videos, designs or presentation. You agree to review and comply with the license terms applicable to any third party content in a videos, designs or presentation.
Intellectual property infringement, warranties
Raw Shorts respects your Intellectual Property Rights and has a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 1998, (“DMCA”), available on http://www.copyright.gov/legislation/dmca.pdf. If you believe that Raw Shorts, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us at email@example.com.
When you upload User Content on or through the Service, you represent and warrant that, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Raw Shorts the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
Third Party Accounts
You will be able to connect your Raw Shorts account to third party accounts. By connecting your Raw Shorts account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Raw Shorts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Raw Shorts Content accessed through RawShorts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Raw Shorts, its officers, directors, employees, agents and third parties, for any claims, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Raw Shorts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Raw Shorts in asserting any available defenses.
Users must be at least 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Raw Shorts account, or otherwise interact with the Service. As stipulated under the Children's Online Privacy Protection Act of 1998 (COPPA), Raw Shorts will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Raw Shorts knows is under 13 years of age. If Raw Shorts discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Raw Shorts will terminate the account and remove the information or other content.
Raw Shorts’s Intellectual Property
User acknowledges that content, including but not limited to policy information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Raw Shorts Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Raw Shorts Content, contained on the Service is owned, controlled, or licensed by or to Raw Shorts, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
As a user of the Raw Shorts Service, Raw Shorts grants to you a non-assignable, non-transferable, non-sub-licensable license, revocable at any time at Raw Shorts’s sole discretion, to use (i) the Raw Shorts name and (ii) the Raw Shorts logo, unaltered, unmodified, and as it appears on the Raw Shorts.com website solely for the purpose of truthfully referring to Raw Shorts, including for use in creating a website that explicitly references Raw Shorts (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Raw Shorts Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Raw Shorts, or affiliated with Raw Shorts, (ii) no Raw Shorts Content beyond the Raw Shorts name and logo may be used, (iii) any such use must be of the full Raw Shorts name and/or unaltered and current Raw Shorts logo, (iv) any such use may in no way disparage Raw Shorts, any user of the Raw Shorts Service, or any third party, and (v) any website that uses Raw Shorts Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Raw Shorts.” You agree to make no other uses of the Raw Shorts name and logo beyond those expressly allowed herein, pursuant to a Use License.
Except as expressly provided in this Agreement or otherwise permitted by law, this license does not include any resale or commercial use of this site or its contents: any collection and use of any plan option listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another person: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Raw Shorts. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Raw Shorts without express written consent. You may not use any tags or any other "hidden text" utilizing Raw Shorts name or trademarks without the express written consent of Raw Shorts. Any unauthorized use terminates the permission or license granted by Raw Shorts.
Termination; Breach of This Agreement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
Raw Shorts will grant you a pro rata refund of any subscription fees only in case Raw Shorts terminates your account without cause.
Raw Shorts reserves the right to suspend/terminate your account, or prevent your access to certain features/services if you fail to comply with any of the Raw Shorts Terms and/or to pay any due Fee.
If your User Account or any Raw Shorts Services or Third Party Services related to your User Account are cancelled (whether at your request or at Raw Shorts’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any video project that was included in such Services (“Capacity Loss”). Raw Shorts does not maintain any backup of your content. As such, Raw Short shall not be liable in any way for any loss incurred by you. We may, at our sole discretion, charge additional Fees for re-activation of a User Account and/or any Raw Shorts Services following their cancellation.
If Raw Shorts takes any legal action against you as a result of your breach of this Agreement, Raw Shorts will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Raw Shorts.
RAW SHORTS DOES NOT WARRANT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR PRODUCT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; (5) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; OR (6) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE.
RAW SHORTS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “RAW SHORTS AFFILIATES”) DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ALTHOUGH AN EFFORT IS MADE TO ASSURE THE ACCURACY AND COMPLETENESS OF THE INFORMATION PROVIDED ON THE WEBSITE, RAW SHORTS MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF THE WEBSITE'S INFORMATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAW SHORTS, THE RAW SHORTS AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAW SHORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. RAW SHORTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RAW SHORTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL RAW SHORTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR INABILITY TO USE THE SITE; INFRINGEMENT OF COPYRIGHTS BY USER OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RAW SHORTS SITE.
The services provided by Raw Shorts are Internet-based. You acknowledge and agree that Raw Shorts cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet products provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Raw Shorts will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
Raw Shorts reserves the right to deny Users access to the service from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. Raw Shorts shall use commercially reasonably efforts to notify Users of anticipated material disruptions in the services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RAW SHORTS OR ITS CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING REGISTERED USER CONTENT) ON RAW SHORTS OR ANY OTHER INTERACTIONS WITH ASTROFRIENDS, EVEN IF RAW SHORTS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RAW SHORTS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT RAW SHORTS AND THE RAW SHORTS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, RAW SHORTS AND/OR THE RAW SHORTS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Please Review Videos, designs or presentations For Appropriate Content Before Use
[S1] General Terms
Entire Agreement. These terms and the other policies posted on this website constitute the entire legal agreement between you and Raw Shorts. It governs your use of the Service and supersedes all prior agreements, whether written or oral, between you and Raw Shorts with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Raw Shorts.
Severability of Terms; Non-waiver of Terms; Assignment. In the event of any provision of these terms is held to be void, invalid or unenforceable by law, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms.. Raw Shorts’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.. Raw Shorts may assign or delegate some or all of its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
End User License Agreement
A. Your Rights. We (Footage Firm, Inc., the operator of videoblocks.com, graphicstock.com, and audioblocks.com) grant you a perpetual, worldwide, limited, non-exclusive, non-transferable right to incorporate the Stock Files you obtain from us into a work you create. You may incorporate our Stock Files into any project, including feature films, broadcast, commercial, educational, print, multimedia, games, merchandise, and the internet. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not share the underlying individual Stock File as a standalone file with a third party. (However, you can share the Stock Files with your client or other third party for the limited purpose of getting their help with your specific project, assuming you are adding substantial value to the project apart from the Stock Files. Otherwise, they need their own license.) You also agree to use your best efforts to secure the Stock File from being accessed by a third party as a standalone file, but since that’s not always possible, your inability to prevent copying will not be considered a breach of this License.
B. Our Guarantee. We promise that if you use our Stock Files as described in this License, your use will not infringe on the rights (such as copyrights) of a third party (the “Limited Warranty”). We’ll also put our money where our mouth is. In fact, we will provide you up to $20,000 in indemnification if you incur any direct damages from our breaking this promise. Because that’s a big number, we need to make a few things clear, so here come some capital letters. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL BREACHES OF THE LIMITED WARRANTY WILL BE LIMITED TO THE LESSER OF THE ACTUAL, DIRECT DAMAGES SUFFERED BY YOU DIRECTLY ARISING FROM SUCH BREACH AND TWENTY THOUSAND DOLLARS. Note that trademarks, logos, or copyrights depicted within our Stock Files are not covered by this guarantee. For example, if one of our videos depicts someone holding a brand-name beverage, that label may be protected by copyright and trademark law and should be used at your own risk. (We wouldn’t want you to think that this License lets you reprint Coca-Cola cans.)
C. Limitations. There are a few other limitations we have put in place to protect our artists and other customers:
1. You cannot sell, license, or redistribute our Stock Files, nor can you build your own stock media site with our files. You cannot create a trademark or logo based on our Stock Files. You cannot use automation, such as computer scripts, to download or “scrape” high volumes of our Stock Files. Finally, you cannot use the Stock Files to harm minors, to encourage violence, or for an unlawful purpose, such as defamation.
2. For Stock Files that depict identifiable people (“Models”), you must not depict the Models in a way that a reasonable person would find offensive. Just to be clear, the issue is whether the depiction of the Models themselves is offensive, not whether your project as a whole may be offensive. For example, you could use Stock Files with\ Models in a documentary about a rare and embarrassing medical condition, but you should not depict the Models in a way that suggests they personally carry the condition, unless our video clip already depicts them that way.
3. For our audio Stock Files, your license does not restrict your right of public performance, but a cue sheet may be required to satisfy the requirements of Performance Rights Organizations (“PROs”). Also, this License allowed you to use our audio clips in YouTube videos, but since we are not associated with YouTube, we cannot prevent other people from incorrectly claiming that your video violates a copyright. If you get such a claim, let us know, and we will make our best efforts to help you resolve the problem. Still, platforms like YouTube could block your content for reasons beyond our control.
4. Some Stock Files may have additional restrictions, such as “editorial use only,” which will be noted in the clip’s details.
D. Other Legal Provisions. This part may not be fun to read, but it’s important nevertheless.
1. This Agreement will be governed by the laws of the State of Delaware, excluding its body of law relating to conflicts of law and copyright law. If any provision of this Agreement is found invalid, the other provisions will not be affected.
2. Except for claims brought in small claims court, all disputes about this Agreement will be settled by arbitration pursuant to the rules of the American Arbitration Association (“AAA”), subject to the Federal Arbitration Act. The dispute may be arbitrated either by JAMS or AAA. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Changes to Terms
Raw Shorts reserves the right, in its sole discretion, to change the Terms under which RawShorts.com is offered. The most current version of the Terms will supersede all previous versions. Raw Shorts encourages you to periodically review the Terms to stay informed of our updates.
Raw Shorts welcomes your questions or comments regarding the Terms: