This User Agreement ("Agreement") regulates the use of the service, allowing to create promotional videos from templates (the Service), developed by Gvanga, http://gvanga.com including its national domains and subdomains, or any applications or access points that are made available to public access by Gvanga (the Portal). By ordering the Service the Portal User agrees to the terms of this Agreement without prerequisites and exceptions.
Basic terms and concepts for the purpose of this Agreement
User – a natural person who comes into this Agreement in its own interests and / or for the benefit of a legal person that he legally represents in order to get the service of creatiton of a Video Ad based on the Portal Template.
Video Ad – visual art composed of frames up to 60 seconds, based on the selection of one of Gvanga video templates, aimed at advertising of a product or service of the User.
Gvanga Video templates (the "template" or "templates") – an immutable part of the sample promotional videos, which are ordered by the User on the Portal. Templates are "stencils" into which we insert text description, contact information, photos and / or video material depending on a particular Template description and features. Template structure in Video Ad is not changed, changes are made to the video and photo sources provided by User to Portal, which are cropped and combined depending on the particular type of Template ordered by the User.
User Materials (the "Materials") – loaded and added to the portal to create a promotional Video Ad for the User, including, but not limited to: text description of the advertised product or service, contact details of the User and / or the organization he represents, photos, and / or videos related to the advertised object.
Order of Video Ad (the "Order") – User generated Order to create Video Ad using the User Materials, carried out in the form of pressing the "Order" button on the corresponding web page of the Portal.
1.1. This Agreement is entered into force after expressing its consent by the User with its terms in the form of clicking "Order" button on corresponding web page of the Portal. The Order is accepted only after successful registration on the Portal by the User, and subsequent agreement by the User with the terms of this Agreement.
1.2. User guarantees that he has appropriate legal rights to order the Service.
1.3. By placing the Order, the User agrees to receive informational or promotional emails from the Portal and third parties related to Portal to the User’s registered e-mail and / or mobile phone.
1.4. All orders placed on the Portal are accepted on pre-moderation basis. By placing an Order, User agrees to verification of his materials.
1.5. The Order is accepted by the Portal only in the event that all provided User materials meet the requirements for materials and technical parameters specified in this Agreement. Portal administration reserves the right to reject materials and/or not accepting an Order without giving a reason.
1.6. You are responsible for compliance with the requirements for materials, including the requirements of current legislation and liability to third parties in cases where the materials violate the rights and legitimate interests of third parties, including personal property and non-property rights of authors and other intellectual property rights of third parties.
1.7. This Agreement may be amended, updated and changed without any notice.
Requirements for Materials
2.1. User Materials, as well as any information and data that is uploaded by User on the Portal and/or sent to the Portal as a part of the Order shall not violate applicable law, the rights of other users of the Portal and third parties.
2.2. The user must not offer in the Materials prohibited goods or services, including, but not limited to: arms and ammunition, poisons, radioactive materials, narcotics and psychotropic drugs, human organs and tissue, extremist and propaganda materials, the transcendental service, non-existent goods and services, Products and information that violate the intellectual property and rights of third parties, as well as other goods or services prohibited by the current legislation.
2.3. It is not allowed to have in the Materials Images of erotic and pornographic content.
2.4. Materials should not include the illegally used logos and trademarks of well-known brands; as well as audio, video and photo materials that are protected by copyright.
2.5. It is forbidden to use the Service for non-consensual and illegal use and distribution of Materials containing personal data of third parties, as well as dissemination of information, defamatory and offensive content.
2.6. The materials should not contain questionable service or untrue information.
Technical specifications and recommendations for Materials
3.1. The photos and videos are uploaded to the Portal via the Order page under "Add photos" and / or "Upload a Video" and then the files are saved on the Portal for further processing.
3.2. General requirements for the downloadable photo material:
3.2.1. The resolution of images should be at least 640 × 360 pixels.
3.2.2. The size of each uploaded file should not exceed 8MB.
3.2.3. Permitted formats for pictures Materials: png, jpg, jpeg, bmp, gif.
3.3. General requirements for the downloadable videos:
3.3.1. Downloadable video materials should be provided in one of the following video formats: avi, mp4, 3gp, mkv, mov.
3.3.2. Resolution of the videos should be at least 640 × 360 px and a maximum 1920x1080 px. Recommended video resolution: 1280x720 (16: 9).
3.3.3. The duration of each uploaded video length should not exceed 30 seconds.
3.3.4. The size of each uploaded video file should not exceed 40MB.
3.4. General recommendations for Photo and Video Materials:
3.4.1. When taking photos on a cell phone, try to take a photo of the object details from different angles in landscape view.
3.4.2. Be sure to take a picture of some common object plans.
3.4.3. When shooting video on a cell phone, try to make plans for static shooting common types of object.
3.4.4. Do not make it all in one movie, but split it to segments. It is recommended to take shorter video segments, each showing separately an important part of the advertised object.
3.4.5. When taking a video or photo, make sure that the object is well-lit.
Rights of use
4.1. By placing an Order, the User agrees to the use, storage, reproduction, processing, editing, colour correction, cropping and modification of provided materials by Portal, as well as their transfer to third parties for the purpose of fulfilling the Order.
4.2. When placing an Order the User gives his consent to the use, storage and processing of his/her personal data and other information specified in the order form on the Portal, as well as the transmission of this data for further processing to other Users and / or third parties, including consulting, analytical or statistical purposes.
4.3. You agree that when choosing a special discount during the Order placement - "Add Gvanga logo to your video ad" the User entitles Portal to place in the Video Ad the Logo of the Portal as well as the use of Video Ad for promotional and marketing purposes.
4.4. Choosing a special discount when ordering - "Publish the video ad on Gvanga YouTube channel», user consents to the reproduction and publication of his Video Ad for marketing purposes on Portal’s channel located on public video hosting and/or video sharing services such as YouTube or others for public sharing and advertising purposes.
4.5. Purchasing the Video Ad, User receives the right to its reproduction and distribution in order to advertise his/her product or service.
4.6. Templates, including those included in these elements of design, text, graphics, images and videos are subject to the exclusive rights of the Portal. The portal provides the User with a simple (non-exclusive) license for the template, limited use and distribution only as a part of the Video Ad ordered by User, only after it has been ordered, paid and confirmed as ready by the User.
4.7. The user has no right to change or modify the Video Ad; any usage of Template as a whole or its fragments separately from the Video Ad ordered from and delivered by the Portal is prohibited.
4.8. User has no right to offer and demand to change the template, including moving the design elements, text, images and other components of a template, which is an immutable component of the Video Ad.
Payment, terms and conditions of the Order
5.1. Payment for orders is accepted only after passing the Moderation check for compliance with Portal terms and current Agreement. After the moderation, User receives an emailed notification and may proceed to the payment of the Order.
5.2. The order is accepted only after its full payment. Users can not cancel the order after payment.
5.3. Delivery time is from 1 to 5 working days from the date of payment, and depends on the type of chosen Template and Materials.
5.4. In case of delay in execution of the order of more than 5 working days from the date of payment, the Portal Administration shall notify users of the reasons for the delay and provide information when the Order would be ready.
5.5. If by any means or circumstances the Portal is unable to finish the Order, Portal will notify the User in not later than 5 days after the Order has been received. In this case payment received by Portal for this Order can be used as payment for another Order or other paid services of the Portal.
Output parameters of resulting Video Ads and terms of confirmation
6.1. Duration of the Video Ad may differ from the total length of the sample of the selected template, since it depends on the composition and volume of the User Materials.
6.2. The color and the font size of text in the Video Ad can be optimized to match the colors and composition of Materials and may differ from the colors and the font size of the ordered Template.
6.3. Music composition used in the Video Ad would be the same as in the ordered Template.
6.4. The output format of the advertising video: .mov or .mp4. 1280x720 px, 25-30 frames per second.
6.5. When Video Ad is ready the User receives an emailed notification with a link to the preview page, where the User can preview the finished Video Ad.
6.6. In the absence of comments or complaints to the finished Video Ad, The user can download the Video Ad by selecting "I like it, I want to get a link to download" on the preview page.
6.7. By download of the Video Ad, User confirms that the Order has been accomplished in full. Ready Video Ad in this case is considered to be transferred to and accepted by the User Portal.
6.8. If the User has comments or complaints to the ready Video Ad, user should not download the proposed Video Ad. To describe the comments to the video and/or propose changes to the Video Ad, the User should use another form by selecting "I don't like the video ad and I want changes made". Editing the Video Ad means replacement of the initial version with a new one.
6.9. By clicking "I don't like the video ad and I want changes made" the User must describe in the text form detailed description or comments what changes in the Video Ad he would like to make. The changes to the Video Ad considered as a new Order, are processed within a period of 1 to 5 working days from the date of sending the change request.
6.10. The procedure of the acceptance of the edited order is similar to the sequence of the new Order: the User receives a notification by email when the Order is ready. If the edited version of the Video Ad is accepted by the User, he may download the Video Ad from the corresponding web page of the Portal. Alternatively the User has the option to send the edit request to the Portal as described in art.6.8 of this Agreement. All the previous versions of Video Ads made earlier are not saved.
6.11. The user is allowed maximum 3 attempts of change/edit requests to the finished Video Ad per each paid Order.
6.12. The Portal reserves the right to refuse to make specific or all of the proposed by User changes to the Video Ad. However, the User can use more than 3 edit attempts and make more complex changes by submitting an individual request for additional fee. The price of additional work is to be negotiated with the Portal, depending on its complexity and volume of proposed changes.
6.13. Portal stores the file with the ordered Video Ad for the storage period of 1 calendar Month starting from the date of notification of the User about the readiness of the Order.
6.14. At the end of the storage period, even if no downloads occurred, the Order is considered as fulfilled, the finished Video Ad is considered to be delivered to the User and may be removed from the Portal database.