Terms of Service
You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of MinMax's website at minmax.co, MinMax’s mobile application (“Mobile App”) or MinMax’s video creation services made available through authorized third party websites (collectively referred to as the “Site” or “Services”).
You acknowledge and agree that, by (1) clicking the “I Agree” or similar button to access the Services, or (2) downloading a MinMax application or (3) otherwise accessing or using the Services, you have read these terms and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any application from your hardware.
You acknowledge that these Terms are between You and MinMax, and not with any third party from which you obtained the Services, and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof. Your use of the Services is not only subject to these Terms of Service, but also any terms of service and/or rules of such third party site.
There are two general types of Users of the Services, registered users that have registered with MinMax for commercial purposes (“Commercial Users”) or who have registered with an authorized third party that provides access to MinMax Services ("End Users"). The term "commercial purposes" as it pertains to Commercial Users shall mean any use of an MinMax video that directly or indirectly derives a commercial benefit or financial gain.
Commercial Users may use MinMax Videos for commercial purposes, but may only distribute or otherwise make available MinMax Videos to third parties who have agreed to use the MinMax Videos for non-commercial purposes.
You must be 13 years of age or older to be a User of the Services. You must be 18 years of age or older to be a Commercial User. By continuing to use the Services, you are warranting that you are at least 13 years old if you are using the Services to make MinMax Videos for personal use, and that you are at least 18 years old if you are using the Services to make MinMax Videos for commercial purposes. You further warrant that you have the authority to enter into these Terms of Service.
This Terms of Service Agreement was last updated on July 28, 2020. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Services are owned and operated by MinMax Inc., a Delaware Corporation with a place of business at 7680 Hidden Cove Road, Bainbridge Island, WA, 98110 USA. The MinMax Services provide Users with the ability to have a video ("MinMax Video") automatically created by MinMax using uploaded or captured photographs or video clips ("Image Content").
By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. During the registration process, you will be asked to select a third party login to verify your identity. Commercial User accounts may be shared with up to two (2) other users within your organization, but you remain responsible for all activities relating to your account. You agree to notify MinMax immediately if you learn of an unauthorized use of your account. You are fully responsible for activities or transactions that relate to your account.
All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy at https://minmax.co/privacy, which is incorporated by reference into these Terms of Service.
Payment of Fees
If, for any reason, the payment by the Commercial User associated with your End User account is not received by MinMax, your End User account will be suspended until payment is received by us.
Conduct
You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content and MinMax Videos (collectively, "Submissions").
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us. You agree that you will not upload, share, or otherwise distribute any Submissions that:
We do not endorse the contents of any Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please email us at contact@minmax.co. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against MinMax arising from your exposure to such materials.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
Linking Conditions
You may not link to the Site unless you comply with these linking conditions.
Your ability to share your MinMax Video may depend on whether you obtained access to MinMax Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. MinMax Videos may only be used for personal, non-commercial, uses, unless you are a Commercial User. You agree that you will not modify MinMax video player code in any way, nor will you modify the display of your MinMax Video.
Your right to link to the MinMax Site is expressly conditioned upon your compliance with the following restrictions:
Third Party Sites and Information
Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for the third party websites, services, or products.
Intellectual Property
MinMax's Intellectual Property Rights.
MinMax is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of MinMax’s Services without MinMax's written permission is strictly prohibited.
MinMax's trademarks and/or service marks may not be used in connection with any product or service that is not provided by MinMax, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits MinMax.
MinMax’s Services include a user interface that allows you to upload user content into the preselected template. You are granted a limited right to use those services only in conjunction with the Site and in accordance with these Terms of Service. Your inputs are then handed off to MinMax’s proprietary video creation engine, which automatically creates the MinMax Video. Users do not have direct access to the video creation engine and therefore you receive no license to use it. MinMax’s Services (including its user interface and video creation engine) are MinMax’s intellectual property.
Others' Intellectual Property Rights.
MinMax deeply respects the third party intellectual property rights that may be implicated in creating a MinMax Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a MinMax Video using MinMax's proprietary software, you will be able to use your own Image Content such as photos, text, or video segments. The Image Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content.
Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a MinMax Video. For example, professionally-taken photographs should not be used in a MinMax Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in a MinMax Video unless you have received a license to do so from the owner of the copyright.
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a MinMax Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
MinMax may license certain Image Content in the form of photos and/or video clips from third parties (“Licensed Images”) and make that content available to its users for use in making MinMax Videos. Ownership of all intellectual property rights in Licensed Images remains with the third party licensor, and you are granted a limited right to use such Licensed Images subject to these terms. Your use of Licensed Images is subject to the following restrictions:
· You may only use and modify Licensed Images in connection with making a MinMax Video via the Services, and may only copy, distribute, or display the Licensed Images as incorporated within the MinMax Video, and only in digital form.
· You receive no right to use the Licensed Images except in connection with the Services, and no right to copy, distribute, or display Licensed Images separately from the MinMax Video.
· If a Licensed Image featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you agree that you must include a statement that the image is used for illustrative purposes only and the individual is a model.
· You are not permitted to activate the “right click” function in Licensed Images, remove any metadata in Licensed Images, or reverse engineer, decompile or disassemble the Services to enable the download or use of Licensed Images on a stand alone basis.
· Licensed Images may not be used:
o on a stand-alone basis with no other content;
o for pornographic, defamatory or other unlawful purposes;
o in electronic templates used to create electronic or printed products;
o for the purpose of enabling file-sharing of the image file; or
o in logos, trademarks, services marks or any other branding or identifiers, separate from the MinMax Videos created through the Services, provided you acknowledge you shall receive no trademark protection for the Licensed Images themselves.
You may want to search for Image Content through the Creative Commons.
You warrant that all Image Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Images as you intend to use them and as contemplated by the Site and grant MinMax the rights described herein. As an End User, all use of the Site is limited to personal, non-commercial purposes only.
You hereby grant to MinMax a royalty-free, perpetual license to use, copy, create, modify, display and host your MinMax Video and Image Content solely to the extent necessary for MinMax to provide the Services.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Open Source Licenses.
The Mobile App available from Provider uses open source software that is distributed to you in executable form if you download the MinMax application. A list of the open source software, and link to the applicable open source terms, which are contained within the Mobile App can be found at
http://static.minmax.co/iphone/license.html
You understand and acknowledge that each open source license is a separate agreement between You and the copyright holder of such open source software, and MinMax is not a party to any such open source license. Your use of the MinMax application must comply with terms of the applicable open source licenses.
Notice of Copyright or Intellectual Property Infringement.
Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), MinMax designates the following individual as its agent for receipt of notifications of claimed infringement:
By Mail:
MinMax Inc. c/o Anthony Jacobellis Attn: DMCA Claims 7680 Hidden Cove Road, Bainbridge Island, WA, 98110
By E-mail: anthony@minmax.co. This email is for infringement notifications only!
Please email contact@minmax.co for customer service inquiries.
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the MinMax may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.
MinMax, and not any Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or an MinMax Video.
Repeat Infringers
Your account will be terminated if, at MinMax's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Disclaimer of Warranties
ALL MINMAX SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third party Providers of MinMax’s Mobile App have no warranty obligation to You. To the extent that MinMax has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND MINMAX'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID MINMAX, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL MINMAX OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT OR VIDEO CONTENT. MINMAX SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR VIDEO CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold MinMax, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms of this Agreement, (d) your failure to comply with MinMax’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. MinMax reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MinMax in asserting any available defenses.
Use of Site and Storage of Material
Upon registering with MinMax, you will be assigned one (1) user account. You are limited to one account per person. MinMax limits the maximum amount of disk space per account for storing MinMax Videos and User content to 1 Gigabyte or as otherwise specified in the Creative Service and Use Agreement. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Services. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
Do not rely upon the Services as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
International Use
Although MinMax’s Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Use
We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services immediately ceases, and we may immediately deactivate or delete your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Distribution Terms – Commercial Users, Audit Rights – Commercial Users, Governing Law, Agreement to Arbitrate All Disputes, Miscellaneous.
Audit Rights
MinMax (or a third party hired by MinMax for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other of End User’s information to determine compliance with the terms contained herein. The costs of such audit shall be borne by MinMax unless the audit uncovers that the End User has materially breached this Agreement, and then End User shall be responsible for reimbursement of all reasonable costs and expenses of such audit.
Governing Law
The laws of the state of Delaware, USA, will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court of California in Los Angeles, California, USA.
Agreement to Arbitrate All Disputes
Nothwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Los Angeles, California, USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Notices
All notices to a User or to MinMax shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at contact@minmax.co, if by email, or at MinMax, Inc., 7680 Hidden Cove Road, Bainbridge Island, Washington 98110 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by MinMax.
Miscellaneous
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by MinMax, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes.
Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees