This is important, so please read carefully! Thank you.
This is a binding legal agreement between the natural person or legal person (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and SOOM VIDEO TECHNOLOGY COMPANY LIMITED. (“SOOM VIDEO,” “Doratoon” “us,” or “we”). By accepting these Terms, signing an Order, or using the services subject to these Terms of Service (collectively the “Service(s)” or “Doratoon Service(s)”), you represent that you have civil and legal capacity, that you are of legal age and have the authority to bind the Customer to the Order, these Terms and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
Your use of and access to the Doratoon Service, and the licenses granted herein are expressly conditioned upon your compliance with and acceptance of this Agreement.
If you register on behalf of a legal person, you represent to Doratoon that you have the authority to bind that legal person and that your acceptance of this Agreement will be treated as acceptance by that legal person. The Doratoon Services are not available to persons who are not legally eligible to be bound by this Agreement.
Changes and Modifications. Doratoon may change or amend these Terms. If we make material changes, we will notify you, either through this page, the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service.Otherwise, the new terms will apply to you.
As long as you comply with this Agreement, Doratoon grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.
2. Description of Service
Doratoon is an online video maker that enables users to easily create or customize professional videos with a drag-drop feature and share them with the audience. The service combines creative thinking, professional design, and technological expertise to allow you to create high-quality videos with Doratoon templates, props, stock footage, & photos.
3. Conditions and Restrictions of Use, User Conduct
As a condition of use, and the licenses granted to you herein, you agree that you will not (and will not attempt to):
● Distribute any part of, or parts of the Website or the Service, including but not limited to any Content, in any medium without Doratoon's prior written authorization, unless Doratoon makes available the means for such distribution through functionality offered by the Service.
● Alter or modify any part of the Website or any of the Service.
● Access Content through any technology or means other than as Doratoon may explicitly designate for this purpose.
● Circumvent, disable or otherwise interfere with any security-related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
● Without Doratoon’s express written permission, sell access to the Services or sell advertising, sponsorships or promotions placed on or within the Services or any User Content.
● Use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service.
● Collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Doratoon account names).
● Use the Doratoon Services (including the comments and email features) for spamming, advertising, or other solicitation of business in the course of trade or in connection with a commercial enterprise.
● Solicit, for commercial purposes, any users of the Doratoon Service.
● Access the Doratoon Services or User Content, other than as intended through and permitted by the normal functionality of the Doratoon Services.
● Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Doratoon Content, User Content, or other content for any purposes not expressly permitted herein, without the prior written consent of Doratoon or the respective owners of the content.
● Share login credentials or passwords or use of your account with any other person. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Doratoon immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
● Use the Service to harass, threaten, impersonate, or intimidate anyone.
● Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, violent, sexually explicit, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
● Upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
● Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
● Upload, post, email, transmit, or otherwise make available any malware, adware, spyware, viruses or any software of a destructive or malicious nature.
● Violate any laws applicable to your use of the Service (including but not limited to intellectual property and data protection laws).
● Use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws in all applicable jurisdictions (including your own jurisdiction).
● Use the Service, or any content produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Doratoon for the topic and/or creator of the video.
● Access the Doratoon Services if your access has been suspended, revoked or terminated.
You agree that your failure to adhere to any of the above conditions, or any other provision of these Terms of Service, shall constitute a breach of these Terms of Service on your part.
System requirements. Use of the Doratoon Services may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
4. Age Restrictions on Use of the Service
You may not use the Service if you are under 13 years of age. 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 Doratoon account, or otherwise interact with the Service. Doratoon will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Doratoon knows is under 13 years of age. If Doratoon 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, Doratoon will terminate the account and remove the information or other content.
Users between 13 and 18 (each a “Teen”) may not access or use the Service unless (i) both the Teen and their parent or legal guardian have first agreed to these Terms of Service; and (ii) the Teen uses an account established by their parent or legal guardian, under such parent or guardian’s supervision, and with such parent or guardian’s permission. If you permit a Teen to use the Service, you hereby agree to these Terms of Service on behalf of both yourself and the Teen. You further agree that you are solely responsible for any and all use of the Service by your Teen regardless of whether such use was authorized by you.
5. Beta Services
Doratoon may, from time to time, offer access to services that are classified as 'Beta version'. Access to and use of Beta versions may be subject to additional terms of service, policies and other agreements. Doratoon makes no warranties and representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS-IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
6. User Content & Options
Doratoon offers a number of ways to share, or not share, your User Content, including videos, with others.
We will not view, access or process any of your Private User Content, except:
1. as required to provide the Services or as otherwise necessary for purposes of Doratoon’s legitimate interests (including evaluating and responding to security incidents and legal requests), or
2. as authorized or instructed by you or your users in this Agreement or in any other agreement between the parties, or
3. as required to comply with our policies, applicable law, or governmental request, or
4. as required to conduct research and development for the further development of our Services in order to provide the Services to you and others (including account, service usage, and survey information).
Doratoon Free Accounts. Accordingly, you hereby do and shall grant to each Doratoon user and to the public, a worldwide, non-exclusive license to access, view, publicly perform, publicly display and communicate to the public your Public User Content. This license ends one year after you delete the Public User Content, including video, or your account is closed (either by you or by us), except to the extent that the Public User Content has been shared with others and they have not deleted it.
Paid Doratoon Accounts. If you have an paid Doratoon account, your Private User Content will be available to you, and to those Doratoon users with whom you have chosen to share the User Content. You may invite one or more people (a “Viewer”) to view your video by sending them a “share” or “invite” link. You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive license to access, view, publicly perform, publicly display and communicate to the public your Private User Content. This license ends one year after you delete the Private User Content, including video, or your account is closed (either by you or by us), except to the extent that the Private User Content has been shared with others and they have not deleted it.
Integration with Other Services. Doratoon supports sharing with other Third-party Services. You hereby grant to Doratoon all rights necessary to connect your social media and other third-party accounts, and to effectuate your User Content sharing (including without limitation video streaming) with these platforms. Please be aware that third-party services are governed by their own terms and policies; it is your responsibility to familiarize yourself with them before posting.
Your Accounts. You are solely responsible for (i) all use of the Services by you and your users, (ii) obtaining consent from your users to the collection, use, processing and transfer of User Content, and (iii) providing notices or obtaining consent as legally required in connection with the Doratoon Services. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We may suspend the Doratoon Services or terminate the Agreement if you, your users, or attendees are using the Services in a manner that is likely to cause harm to us or to third parties. You agree to notify us immediately in the event you become aware of a security breach.
Trials and Free Services. Your right to access and use the Doratoon Services is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate the use of any Doratoon Service at any time. If you are using the Services on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Services will terminate (i) at the end of the Trial Period stated in your Order, or (ii) if no date is specified, 14 days after your initial access to the Doratoon Services, or (iii) upon your conversion to a subscription. We may modify or discontinue any trials or promotions at any time without notice.
6.2 LICENSES YOU GRANT TO Doratoon Animation FOR USE OF PUBLIC USER CONTENT AND PRIVATE USER CONTENT
In order to provide the Service to you in accordance with the Agreement, we need certain licenses from you in order for us to, e.g., host, store and display the User Content. For example, we need the right to (i) publicly display/perform the User Content to allow us to display it on the computer monitor of any party who is not the copyright holder, or (ii) reproduce the User Content so that it can be saved to our servers, or (iii) prepare derivative works based upon the User Content and modify the User Content, for instance, when transcoding an uploaded image into a format that will work most efficiently with the Service.
With respect to Private User Content, you hereby do and shall grant to Doratoon (and its successors, assignees, and third-party service providers) a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the content for the purpose of providing you, and those with whom you have shared your Private User Content, including but not limited to videos, with the Service. This license ends one year after 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.
With respect to Public User Content, you hereby do and shall grant to Doratoon (and its successors, assignees, and third-party service providers) a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the Public User Content (1) for the purpose of providing you, and those with whom you have shared Public User Content, including but not limited to your videos (including the public), with the Service; and (2) in connection with promotion and marketing of Doratoon 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 ends one year after you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Public User Content indefinitely.
Regardless of whether you designate content public or private, Doratoon makes no claim of ownership to your User Content and obtains no rights to your content other than as provided for herein.
6.3 EXPIRATION AND REVOCABILITY OF LICENSES
Doratoon makes it easy for users with qualified accounts to change a video’s public/private at any time.
6.4 THIRD-PARTY AND LINKED/EMBEDDED CONTENT
7. Payment Terms
7.1 CANCELLATION OF SUBSCRIPTION
There is no recurring payment for your account. If you delete your account before the end of the term for which you paid, you will not be given any refund.
If your payment method is invalid or rejected for any reason and a free Doratoon version of your paid Doratoon account type is available, your paid Doratoon account will revert to the free Doratoon account version and will be subject to the limitations of a free Doratoon account, provided, however, that Doratoon reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a Doratoon Public account. In the event your paid Doratoon account reverts to a free Doratoon account, any content you previously created with a paid Doratoon account will remain , but you will not be able to edit such content. Doratoon further reserves the right to cancel, or revert to Doratoon Fee account status, the account of any user who attempts to fraudulently obtain a Doratoon paid account.
8. Cancellation and Refund Policy
If you haven’t used your Doratoon subscription, you can request a one-time refund within 14 days of purchase.
You can submit a refund request by contacting us at Doratoon’s email address: firstname.lastname@example.org.
When submitting your request, we will ask you to provide certain details for verification.
Last 4 digits of credit card used
Full name of card holder
Date of payment and amount charged
If more information is needed, an expert from our Payments Team will review your request and contact you with a solution via email.
If you have a specific question about a recent charge, you can also contact us at Doratoon’s email address: email@example.com.
9. Abuses, Warranties
If you believe that Doratoon , or any user of the Service, has violated your rights, including privacy, copyright, trademark or other rights. please contact us at firstname.lastname@example.org For intellectual property violations, you may also contact us pursuant to U.S. Digital Millennium Copyright Act (“DMCA”) or other applicable laws at email@example.com.
When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you use, upload, transmit, publish and disseminate through the Service, (a) you have all the rights, consents, releases, permissions and licenses necessary to use, upload, transmit, disseminate, reproduce, publish, communicate to the public, publicly display, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Doratoon and/or others the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate any rights, including but not limited to privacy, image, name, honor, dignity, copyright, trademark, and/or legal interests of any third party.
10. Doratoon’s Intellectual Property
All intellectual property, e.g. text, fonts, graphics, pictures, icons, user interfaces, visual interfaces, photographs, trademarks, logos, design marks, sounds, music and its accompanying words, artwork, content, computer code, programs, software (collectively, “Doratoon Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Doratoon Content, contained on the Service is owned, disposed, controlled, or licensed by or to Doratoon, and is protected by trade dress, industrial design, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement, including our Trademark and Brand Usage Policy, or otherwise permitted by law, no Doratoon Content may be used, copied, reproduced, communicated to the public, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any purpose, without Doratoon’s express prior written consent.
If you embed an video authored by Doratoon within a third-party website or service – including but not limited to embedding a Doratoon-authored video at your own website – you agree to attribute that video to Doratoon as follows: made by [creator]
© Doratoon [year]
learn more at https://doratoon.com/
11. Termination; Breach of this Agreement
You agree that Doratoon may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Doratoon’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.
If Doratoon takes any legal action against you as a result of your breach of this Agreement, Doratoon 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 Doratoon.
12. Disclaimer of Warranties
While Doratoon attempts to make User Content available through the Service, Doratoon does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Service, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Doratoon will not be liable to you or to any third party for termination of your access to the Service for any reason.
You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an “as is” And “as available” Basis. Doratoon and its subsidiaries, directors, officers, employees, stockholders, and licensors (the “SOOM affiliates”) expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance. Doratoon and the SOOM affiliates make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) user content will be hosted and/or transmitted without interruption or cessation; (d) 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; and (e) any defects in the operation or functionality of the service or related software will be corrected.
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 Doratoon, the SOOM affiliates, or through the service shall create any warranty not expressly stated in the agreement.
13. Limitation of Liability
You expressly understand and agree that Doratoon and the SOOM affiliates will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however, caused. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of Procurement of substitute goods or services; or any other intangible Losses. This also includes, without limitation, any loss or damages that May be incurred by you as a result of (a) any changes that Doratoon may make to the service; (b) any permanent or temporary cessation of the service; (c) the deletion or corruption of or failure to store any content or other property maintained through the service; or (d) your failure to keep your password or account details secure. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages.
To the fullest extent permitted by law, the total liability of Doratoon, 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 over the prior six-month period.
You specifically acknowledge that Doratoon and the SOOM 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.
14. 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, Doratoon and/or the SOOM affiliates’ liability will be limited to the maximum extent permitted by law.
15. Please Review User Content for Appropriateness Before Use
Doratoon has not reviewed the User Content featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the User Content (including videos) featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Doratoon is not responsible for any User Content on the Service. If you find any content on the Service that you believe is objectionable, or that violates these Terms of Service or Doratoon’s conduct guidelines, please feel free to notify us at firstname.lastname@example.org .
You agree to indemnify and hold Doratoon and/or the SOOM Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Doratoon and/or the SOOM Affiliates in connection with any claim arising out of your breach of the Agreement. Doratoon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. General Terms
Entire Agreement. This Agreement is the whole legal agreement between you and Doratoon. It governs your use of the Service and completely replaces any prior agreements between you and Doratoon 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 Doratoon.
Governing Law. The laws of the State of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Doratoon Services.
Severability of Terms; Non-waiver of Terms. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Doratoon does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights.
Miscellaneous. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms of Service or to make commitments binding on us.
18. Additional Terms
High-Risk Use. Except as otherwise set forth in a Doratoon Service Description, you understand that the Doratoon Services are not designed or intended for use during high- risk activities.
Recording. Certain Services may provide functionality that allows you to record audio and data shared during videos. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using any recording functionality.
Assignment. You may not assign your rights or delegate your duties under these Terms of Service either in whole or in part without Doratoon’s prior written consent. Any attempted assignment by you without Doratoon’s consent will be void. Doratoon may assign these Terms of Service or delegate its duties hereunder without restriction and without the requirement of prior notice to you.
19. How to contact us
You may contact us at Doratoon’s email address: email@example.com
Doratoon’s mailing address is:
SOOM VIDEO TECHNOLOGY COMPANY LIMITED
Room 06, 13A/F., South Tower, World Finance Centre, Harbour City, 17 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong
Please read this section carefully. It affects your rights.
Most disputes can be resolved informally. If you have a concern, please contact us. In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that Doratoon has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small-claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Whether to agree to arbitration is an important decision, and in making it you should not rely solely on the information in this agreement. You may opt-out of this arbitration provision by following the instructions below.
Doratoon and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. It includes, but is not limited to:
● Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
● Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising).