Multibrain Creator is a mobile application published on the Apple App Store and Google Play Store. The Services permit you, via a limited, non-transferable (except as permitted by Family Sharing or volume purchasing) license to use the Services, to create, edit, and share image and video content for social media and elsewhere.
Apple and Google are not responsible for the Services. They hold no obligation or responsibility for the Services, their maintenance, content, or any other aspects, and incur no obligations to you or Multibrain via your usage of the Services. Apple and Google retain the right to enforce these Terms on you as a third-party beneficiary, should they see fit.
You may not use the Services if you are under the age of thirteen, or the age of sixteen in the European Union. We do not knowingly collect the information of children. You may not use the Services in ways that violate these Terms, in ways that are unlawful, misleading, discriminatory, or fraudulent, or in ways that infringe or violate someone else’s rights, including their intellectual property rights. You may not use the Services if you are in a country subject to a U.S. Government embargo or a country that has been designated by the U.S. Government as a “terrorist supporting” country. You may not use the Services if you are listed on any U.S. Government list of prohibited or restricted parties.
We offer the legal rights and protections of the European Union’s GDPR and California’s CCPA to all users. We may, with your consent, send you marketing materials and anonymously analyze your activity within the Services.
Within the Services, you may encounter and be permitted to use stock imagery and video provided by Multibrain and our partners. These items remain the property of their respective copyright holders, and it is your responsibility to comply with any applicable law regarding their use. Multibrain is not responsible for third-party content, nor the content you may upload to the Services.
Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You retain ownership of the intellectual property rights (things such as copyright or trademarks) in any such content that you upload to or create using the Services. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions to use this content, so we may provide and improve our products and services.
Specifically, when you upload or create content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content.
Our Services are provided “as is”, and we make no guarantees that they will always be safe, secure, or error free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we disclaim any warranties, whether express or implied. We are not responsible for the content uploaded by you or other users of the Services, nor are we responsible for their conduct. Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms and Services.
You and Multibrain each agree that any claim, cause of action or dispute between us that arises out of or relates to these Terms or your access or use of the Services shall be resolved exclusively in the US. District Court for the Northern District of Texas or a state court located in Dallas County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Texas will govern these Terms and any claim, cause of action or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Multibrain may bring any claim, cause of action or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim. You may reach us at firstname.lastname@example.org regarding any of these Terms.