Welcome to WiderAlbum.com - a website service offered by MotionDSP Inc. that facilitates the display of your panoramas (the "Service").
BY UPLOADING YOUR VIDEO TO WIDERALBUM.COM, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS SERVICE AGREEMENT ("AGREEMENT"). YOUR CONTINUED USE OF THE SERVICE SHALL ALSO CONSTITUTE AN AGREEMENT TO THE AGREEMENT OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE AGREEMENT OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON. IF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THIS AGREEMENT.
As part of your use of the Service, you may submit certain videos or content to MotionDSP, including without limitation, motion videos or photographic images ("Submissions").
Under this Agreement, you agree that you will NOT post, place or transmit any of the following material using the Service:
While MotionDSP is not responsible for, and does not review or comment on the content of Submissions provided by users, MotionDSP reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that MotionDSP deems necessary relating to use or misuse of the Service. MotionDSP may request confirmation of the copyright or trademark ownership from the submitter. If MotionDSP does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, MotionDSP reserves the right to (i) suspend the Service relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, MotionDSP reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to MotionDSP a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. You acknowledge and agree that your Submissions may be viewed or downloaded by third party users of the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
We recommend you keep back-up copies of your Submissions on your hard drive or other personal system. The MotionDSP service is not intended as a guaranteed back-up solution.
Your physical or electronic sharing of your Submissions constitutes permission for reproduction and distribution by the recipient. MotionDSP will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.
MotionDSP is committed to protecting copyrights of still image and video works and expects users of the Service to do the same. Each image or video submitter is required by US law to own the right to, and/or to obtain permission to (including any personal releases), use any of the images before the motion video is uploaded or enhanced by MotionDSP. At MotionDSP’s discretion and in appropriate circumstances, MotionDSP may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
700 Airport Blvd, Suite 270
Burlingame, CA 94010
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.
Linking directly to videos or images on MotionDSP’s servers from external sites is expressly prohibited.
We need to be able to access your account for the following reasons:
MotionDSP reserves the right to change this Agreement from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after MotionDSP makes any such changes, you agree to be bound by the revised Agreement.
If you violate any of the terms of this Agreement, your permission to use the Service will terminate automatically. MotionDSP reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.
All of the software underlying the Service and any other information, content, and/or materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. All right, title and interest in and to the wideralbum.com website and Service is and will remain the exclusive property of MotionDSP and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of this Agreement, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service. The Service is controlled and offered by MotionDSP from its facilities in the United States of America. MotionDSP makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH MOTIONDSP'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTIONDSP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTIONDSP MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTIONDSP MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH MOTIONDSP’S SITE OR ADVERTISED THROUGH MOTIONDSP’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOTIONDSP OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MOTIONDSP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF MOTIONDSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, MOTIONDSP’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MOTIONDSP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MOTIONDSP WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF MOTIONDSP TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MOTIONDSP HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Many of our customers are interested in submitting ideas for products and services to be used at MotionDSP, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to MotionDSP, Inc.
The systems, services, and products, or portions thereof that form part of the Services, are covered by US patent applications. You agree not to take any action that will interfere with or disrupt the Service.
MotionDSP will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. MotionDSP may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that MotionDSP has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.
MotionDSP and the respective design, trademark and logo are trademarks of MotionDSP, Inc. All other trademarks and/or service marks are the property of their respective owners.
The owners and operators of WiderAlbum.com website are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the website.
We may assign our rights and responsibilities hereunder without notice to you.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Agreement will continue in effect.
This Agreement constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of MotionDSP to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.