Legal Statement & Disclaimer

Terms of Use

Last updated March 26, 2020

This policy is in conjunction to our Privacy Policy (the “Cookie Policy”) and is inseparable from them.

IN SHORT

The following key points of this Terms of Use Agreement are only brought for Your convenience. These key points do not substitute the full Terms of Use Agreement.

Introduction. The information contained in all the abovementioned websites do not constitute legal, compliance, financial, tax, accounting, or related advice.

THE LINK TO ANY OF YOUR VIDEOS IN OUR WEBSITES IS STORED LOCALLY ON YOUR DEVICE, (for example: DESKTOP, MOBILE, ETC). WE DO NOT ACCESS YOUR DATA.

The Service is owned and operated by Aman Motwane.

Acceptable use. The Terms define the acceptable use of the Service and the actions You should avoid while using the Service. For example, when sharing Videos through the service, you must refrain from infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks.

Age restriction. The Service is intended and permitted for use only by individuals 13 years of age or older.

Registration. The Service is available without registration.

Privacy. We respect Your privacy, as further explained in our Privacy Policy.

Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When You share Videos through the Service, You represent and warrant that You are the rightful owner of all rights to such Videos or lawfully licensed by all the rightful owners to share such Videos through the Service.

Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service.

Limitation of liability. The liability of the Company, including anyone on its behalf, is limited with respect to any damage or loss, arising from, or in connection with the use of, or the inability to use the Service.

Law & jurisdiction. Use of the Service is governed by the laws of the State of California. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.

IN DETAIL

Welcome to “The Aman Motwane websites” — a platform that (1) provides information that does not constitute legal, compliance, financial, tax, accounting, or related advice and (b) allows users to share short visual videos (the "Service"). The Service is owned and operated by Aman Motwane ("we", "us" and "our"). It is available through our website which can be accessed on desktops and/or mobile devices.

Please carefully read the following User Agreement (the “Terms”). By using or accessing the Service, You agree to be bound by the Terms and You signify that You have read and understood them. If You do not agree with the Terms, You may not use the Service in any way.

Use of the Service may be subject to additional terms and policies, such as the terms governing the use of YouTube or Instagram or Facebook or Twitter or TikTok. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and policies.

HOW DOES IT WORK?

Our Service provides a mobile platform enabling any user of the Service (“You”) to share short and original visual videos (the “Video”). You may use the website to share your Video with your friends on the various social networks we support.

WHAT ELSE SOULD YOU KNOW?

You can only use Your own original and legal content in the Video. You can’t use copyright protected images, videos, and any other content which You don’t own all the rights to.

You bear all costs associated with the creation or production of Your Videos.

REGISTRATION

Use of the website(s) does not require any registration.

ACCEPTABLE USE OF THE SERVICE

You may access and use the Service to share your Videos through the Service.

When using the Service, You agree to refrain from -

Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;

Interfering with, burdening or disrupting the functionality of the Service;

Breaching the security of the website(s) or Website or publicly identifying any security vulnerabilities in it;

Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

Sending automated or machine generated queries;

Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;

Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;

Impersonating any person or entity in a manner that violates any third party rights;

Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;

Abusing, harassing, threatening or intimidating other users of the Service;

Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

Violating any applicable law;

Sending, uploading to or making available within the Service Content which may be considered as -

  Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;

  Identifying minors, their personal details or their address and ways to contact them;

  Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;

  Constituting a violation of a person's right to privacy or right of publicity;

  Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;

  Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

  Otherwise prohibited by any applicable law.

The Company may, but is under no duty to, review content (including any Video) that was shared through the website(s), and remove, block access or use of such content, or refuse to share it through the Service, for any reason that the Company may consider to be justified at its sole discretion.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

PAYMENT

Use of the website(s) is free of charge, except for certain subscriptions that may be subject to fees at the rates and schemes determined by us and posted on the relevant pages of the Service ("Subscriptions").

AGE RESTRICTION

If You are under the legal age of maturity in Your jurisdiction (normally 18 years), then You must obtain permission from Your parent or legal guardian to accept these Terms. By using the Service, You declare to us that You have obtained it. If You are under the age of 13 You may not use the Service in any way.

PRIVACY

We respect Your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service. The Privacy Policy is inseparable from these Terms.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Aman Motwane.

Unless otherwise expressly permitted in the Terms, You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by Yourself or by a third party on Your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

COMMERCIAL INFORMATION

The platform You use to host your Videos (such as YouTube, Facebook, Instagram, TikTok, etc) may incorporate advertisements and/or information of a commercial nature. The source of such information originates from those third parties and is not related to Us in any way. We are not responsible for and cannot guarantee its reliability or accuracy.

CHANGES

We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service.

We may revise these Terms, in whole or in part, at any time without putting You on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes Your consent to the amended Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. IT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR ACCOUNT, THE VIDEOS AND OTHER MATERIALS SHARED THROUGH THE SERVICE, ANY INTERACTION RELATED TO THE SERVICE. 

WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, RESULTS OR OUTCOMES OF PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO THE SERVICE.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR­FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE Functionalities, THE CONTENT SENT OR PRESENTED THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT SENT OR PRESENTED THROUGH THE SERVICEWILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE SERVICE, OR FROM ANY LEGAL, OR FROM ANY LOST OR MISSED PAYMENT OPPORTUNITIES, OR FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS AND TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF VIDEOS.

IN ANY EVENT, OUR TOTAL AND AGGREGATE LIABILITY FOR DAMAGES EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM ANY OF THE ABOVE SHALL BE LIMITED AND CAPPED AT THE AMOUNTS ACTUALLY PAYABLE TO YOU (IF ANY) UNDER THE PAYMENT SCHEME OFFERED TO YOU AND ACCEPTED BY YOU (IF ANY).

INDEMNITY

To the maximum extent permitted by law, You agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), at Your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with Your use of the Service, Your breach of the Terms, Your violation, or infringement of any other person’s or entity’s rights, or Your activities and Videos.

INFORMATION ON OUR WEBSITES

The information contained in any and all of Aman Motwane's web sites (including but not limited to any newsletters, books, courses, seminar content, manuals, CDs, recordings, mp3's, teleseminars or other content in any format — free or paid) is based on sources and information reasonably believed to be accurate. However, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.

The end user of this information should therefore use the contents of such program and such materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

THE INFORMATION PROVIDED IN SUCH PRODUCTS IS SOLD AND PROVIDED ON AN “AS IS” BASIS. YOUR RESULTS ARE YOUR RESPONSIBILIY AS THE END USER OF THE PRODUCT. IN PARTICULAR, SELLER SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF ANY PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.

IN USING OR ACCESSING THE CONTENTS OF SUCH WEBSITE, THE USER WILL BE DEEMED TO HAVE ACCEPTED THE PROVISIONS OF THIS DISCLAIMER.

GOVERNING LAW, JURISDICTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of California.

The competent courts in the Los Angeles area of California will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the Service and the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in California and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.

MISCELLANEOUS

Assignment. You may not assign or transfer Your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by You, without our prior written consent, shall be null and void.

Changes in ownership. In the event of M&A, we may, upon notice to You and without obtaining Your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between You and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between You and us.

For questionss, please contact us.