Magisto offers a web application that automatically edits and produces summaries of videos using technology that selects certain scenes according to proprietary parameters and algorithms through the website located at http://www.magisto.com (the “Site”). Magisto is owned and operated by SightEra Technologies, Ltd. (hereafter “SightEra”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” or “Your” means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.
SightEra does not accept registration from users who are under 13 years of age, in compliance with the Children’s Online Privacy Protection Act of 1998. By visiting and contributing to content on SightEra, you attest that you are at least 13 years old.
To create an account, you must select a username and password. Your username is your Magisto identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your account.
You should not reveal your password to other users. SightEra will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join Magisto again without express permission.
You agree to immediately notify SightEra of any unauthorized use of your SightEra account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. SightEra will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold SightEra harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
You agree that SightEra may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of SightEra. If SightEra terminates your Premium Account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid with respect to such account.
If SightEra believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your SightEra account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation shall not affect your obligations to SightEra under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation. Premium Fees are not-refundable, and SightEra shall not refund any paid Premium Fees if you request to terminate your account.
Intellectual Property & Content
SightEra and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. SightEra hereby grants you a limited, revocable, nonsublicensable license to use the Site and the Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services or any Content, except as SightEra may expressly permit.
You are not required to provide SightEra with any feedback or suggestions regarding the Site, Services or any Content. However, should you provide SightEra with comments or suggestions for the modification, correction, improvement or enhancement of the Site or Services then, subject to the terms and conditions of this Agreement, you hereby grant SightEra a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner SightEra chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of SightEra’s and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media SightEra chooses, but without reference to the source of such comments or suggestions.
Certain types of content may be made available through the Site or the Services, including edited and summarized videos. In addition, the Site may contain blogs and forums to which SightEra may allow you, in its sole discretion, to post Content. “Content” as used in these Terms means, collectively, all content on or made available on the Site (whether to the general public or to individual persons) including but not limited to any such edited and summarized videos, music clips or any conversations or pictures available on the Site, including any statements or other material made available on any blog or forum in the Site. SightEra reserves the rights to remove and permanently delete any Content, including any edited or summarized videos of any user, without notice, including without limitation any Content that is in the sole discretion of SightEra obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your video. You should have no expectation that any edited or summarized videos will always be available through the Site or Services. Do not rely upon this Site as a storage space for Content.
SightEra may allow you to forward, post, embed or email any Content (or links to such Content). In addition, SightEra may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, or post any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. SightEra cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify SightEra for any breach of the terms set forth in this paragraph.
SightEra may allow users to incorporate certain pre-selected audio works into video summaries. Copyright in such pre-selected audio works is owned by Acum, Ltd., (the Society of Composers, Authors and Publishers of Music in Israel) (“Acum”) or other individuals and entities represented by Acum, and is licensed by SightEra for use in the Services. Such pre-selected audio works may only be used for your own personal purposes. You may not make any commercial or other use of such works, and except as expressly set forth herein you may not copy, lease, publicly perform, broadcast or distribute such works without the prior written consent of Acum. You may not link directly to any such audio works. You may choose to incorporate other audio works in Content other than the pre-selected audio works made available by SightEra. In such event you represent and warrant that the incorporation of such audio works does not violate any third party intellectual property or moral rights, and you agree to fully indemnify SightEra for any losses resulting from your breach of such warranty.
Content made available by SightEra come from a variety of sources. You understand SightEra is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third party Content on the Site or otherwise made available. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against SightEra with respect to thereto, and agree to hold SightEra, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding your use of the Application or your exposure to any Content.
You are solely responsible for Submissions you post or transmit to the Site. “Submissions” is defined as anything a user transmits to the Site or to another in the course of using the Site, including without limitation any raw video or audio material. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions. In addition, you represent and warrant that no Submission infringes the intellectual property rights or moral rights or any third party or violates any applicable law. SightEra reserves the right, at its sole discretion, to remove any Submissions or delete an account, without prior permission to users, that may violate the Terms at any time. SightEra does not pre-screen Submissions, but reserves the right to delete Submissions that violate these Terms.
SightEra does not claim ownership of your Submissions. However, by sending any Submissions you automatically grant SightEra a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Site and these Terms. SightEra may retain any raw audio or video material that you submit, and make internal use of such material including for testing purposes. You may request that SightEra delete and make no further use of such material by sending an email to firstname.lastname@example.org
Without limiting the foregoing, you agree that you will not use the Site in any manner or transmit any Submission that:
- Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or
- Restricts or inhibits use of the Site;
- Uses any account or password without prior permission;
- Obtains or solicits another person’s password or other personal information under false pretenses;
- Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise;
- Violates the legal rights of others, including defaming, abuse, stalking or threatening users;
- Infringes (or results in the infringement of) SightEra’s or any third party’s intellectual property rights, moral rights, or other rights;
- Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause SightEra to be in violation of any law or regulation, or to infringe any right of any third party;
- Publishes falsehoods or misrepresentations that may damage SightEra or any third party;
- Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Site;
- Disrupts, interferes or harms the Site, servers or networks; or
- Imposes an unreasonably or disproportionately large load on our infrastructure.
- In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
SightEra in its sole discretion may choose to provide users with “Premium Content”. Premium Content may provide for additional functionality, such as but not limited to allowing users to download videos, to edit a video or to remove any branding that SightEra may incorporate in a video.
The purchase of Premium Content shall be subject to the payment of fees to SightEra, which SightEra may determine from time to time in its sole discretion (“Premium Fees”). All Premium Fees paid are nonrefundable. SightEra may allow you to pay Premium Fees through a third party service (such as Paypal), in which event the payment of such Premium shall be subject to the third party's applicable terms and conditions. All Premium Fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.
The software and technology underlying the Site is the property of SightEra, and you may not do or attempt to do any of the following:
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the Site;
- Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content, including without limitation any edited or summarized videos;
- Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
- Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site;
- “Deep link” to the Site or any Content on it, unless such link was provided to you for that purpose by the Site;
- Harvest, collect or mine information about other users of the Site;
- Create a database by systematically downloading and storing all or any of the Content on the Site;
- Violate the Terms or any other rule or agreement applicable to you or SightEra through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
- Use or access another user’s account or password without permission; or
- Use the Site or content thereon in any manner not permitted by these Terms.
SightEra does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and SightEra expressly disclaims any and all liability in connection with Submissions. SightEra does not permit copyright infringement or infringement of intellectual property rights on its Site. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us for any other reason, please contact us at email@example.com or write us at Customer Service, 3 Hamazmera St., POB 2038, Ness-Ziona 74120, Israel
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. SightEra is not responsible for content or services available by means of such sites. SightEra does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Your use of any aspect of the Site is at your own risk. SightEra makes no representations or warranties whatsoever in respect of the Site, Services or Content. Neither SightEra nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Site, Services, Submissions or Content. SightEra cannot accept any liability whatsoever in respect of any Content which is modified by you or any other third party.
Without limiting the foregoing, except as expressly stated in these Terms, everything available on the Site or by means of the Site is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and SightEra expressly disclaims all express or implied warranties.
Without limiting the foregoing, SightEra shall have no liability for:
- Any adverse effect to your computer or other software as a result of your use of the Site or Services, or as a result of any Content available on the Site;
- Your use of (or inability to use) the Site or any Site component, including Submissions, Content and any transactions that involve the Site;
- Any material available (or intended to be available) on or by means of the Site or information or advice received by means of the Site;
- Any error or omission of SightEra, or any act or omission of any third party;
- Any error, delay, interruption, operational problem, unavailability, or failure in the Site, any site component, or any directly or indirectly related equipment, system, programming, or network (including the internet);
- Any breach of security involving the Site or your account;
- Any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site.
You agree to indemnify, defend, and hold harmless SightEra and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content; (f) any Content that you downloaded from the Site or modified; and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.
Limitation of Liability
In no event shall SightEra be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site, Services or Content. In any case, SightEra’s entire liability under any provision of this agreement shall not exceed amounts paid by you to SightEra for the use of the Site, Services and Content hereunder. As such, if you have not made any payments to SightEra for the use of the Site and Services, SightEra shall have no liability to you whatsoever, with the exception of death or personal injury caused by negligence of SightEra to the extent applicable law prohibits the limitation of damages in such cases.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against SightEra must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and SightEra or enables you to act on behalf of SightEra. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between SightEra and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. Nothing contained in these terms shall be construed to limit the actions or remedies available to SightEra with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and SightEra reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of SightEra (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party.