Terms of Use

Last Modified: [September 2, 2024]

  1. Overview. These Terms of Use (these “Terms”) constitute a legal agreement between Meld Studio, Inc. (the “Company”, “we”, “us”, or “our”) and you as the user (“User”, “you”, or “your”) and govern your access to and use of the Services (as defined below).

Please read these Terms carefully before accessing or using the Services. By accessing or using any portion of the Services, you agree that you have read, understood, and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein. Any changes to these Terms will be posted on the Website (as defined below), and your continued use of the Services means you have accepted these changes.

The Services are offered and available to users who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

  1. Definitions.

“Application” means the Company’s desktop or mobile application.

“Content” means any data, information, or material, including, without limitation, text, video, images, graphics, animations, designs, code, and/or audio.

“Service Providers” means third party service providers who perform various business services for us or on our behalf, including, without limitation, data processing, cloud storage, advertising, mailing services, tax and accounting services, payment processing, regulatory support, legal services, contest fulfillment, web hosting, and analytics services.

“Services” means, collectively, the provision of the Application, the Website, the Platform, and all other software applications and services provided by the Company.

“Platform” means the Company’s virtual platform that can be accessed by the Application or Website through which Users can create, edit, record, and/or stream User Content.

“Privacy Policy” means the Company’s privacy policy available at https://meldstudio.co/privacy.

“Third Party Services” means any external platform or service provider that is not operated or controlled by the Company but is integrated with the Services to facilitate Users to stream User Content online. Third Party Services may include, without limitation, Twitch, YouTube, and Facebook.

“User Content” means any Content that a User has made available through the Services, including, without limitation, any Content created, generated, modified, and/or transmitted through the Services.

“Website” means, collectively, the Company’s website located at (https://www.meldstudio.co/) and other sites and subdomains owned, operated, or controlled by us.

  1. Privacy Policy and Data Protection. The Services are subject to the Company’s Privacy Policy, which explains how the Company collects, uses, and shares your information when you use or access the Services. By accessing or using the Services, you consent to the Company’s collection, use, and sharing of your information as set forth in our Privacy Policy.

  2. Becoming a User.

  3. Account Registration. In order to access and use the Services, you may be asked to create a user account by registering with the Company (in which case you will create a username and password to access your user account) or login with an existing username and password associated with an account you maintain with a Third Party Service (such Company user account or Third Party Service account, as applicable, your “User Account”). You must provide true, accurate, current, and complete information associated with your User Account (“Account Information”), and you agree to update your Account Information in order to ensure that it remains current at all times.

  4. Account Credentials. You are responsible for maintaining the confidentiality of your Account Information, including your username and password. Any use of your username and password will be deemed to be your use and you are responsible for any and all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify the Company in writing of any suspected or actual unauthorized use of your User Account. You agree that the Company will not under any circumstances be liable for any cost, loss, damage, liability, claim, or expense arising out of a failure by you to maintain the security of your username and/or password.

  5. Company Access. You grant to the Company the right to access your User Account to the extent related to the Services, as reasonably necessary: (i) to provide, maintain, operate and update the Services; (ii) to provide customer support for the Services; (iii) to prevent or address service, security, support or technical issues; or (iv) as required by law.

  6. Third Party Services. The Services contain links to and integrations with Third Party Services, and you agree that the Company provides such links and integrations solely as a convenience and has no responsibility for the content or availability of any such Third Party Services, and that the Company does not endorse any such Third Party Services (or any products or other services associated therewith). Access to and use of any Third Party Services linked to the Services is at your own risk, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such Third Party Services. Your use of any such Third Party Service will be subject to the terms applicable to such Third Party Service. We disclaim any and all liability or damage which may arise from the practices, actions, or omissions of any Third Party Service that you integrate.

  7. X264 Software. To provide you with high-quality video encoding, the Services integrate the H.264 video encoder codec (the “x264 Software”). The use of the x264 Software as part of the Services is licensed to you as a limited, non-exclusive, non-transferable license to run one (1) copy of the object code version of the x264 Software on one (1) machine, device, or instrument, solely as integrated into the Platform. You are prohibited from (a) copying the Platform and/or the x264 Software; (b) using the x264 Software to operate in or as a time-sharing, outsourcing, service bureau, application service provider or managed service provider environment; (c) using the x264 Software as a standalone application or any other purpose than as integrated into the Platform; (d) changing any proprietary rights notices which appear in the x264 Software or the Platform; or (e) modifying the x264 Software. You must comply with all applicable export laws and regulations.

  8. Receiving Communication. You agree to receive User Account related communications as well as promotional emails that highlight special deals that are available to Users. We may communicate with you regarding the Services by electronic communications using your Account Information. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You may opt out of receiving certain communications in accordance with our Privacy Policy.

  9. Ownership.

  10. Services. The Services are made available on a limited access basis, and no ownership right therein or thereto is conveyed to you. We have and retain all right, title, and interest, including all intellectual property rights, in and to the Services, including any and all modifications, updates, upgrades, extensions, components and derivative works thereto. All of our rights not expressly granted to you under these Terms are hereby retained and reserved by the Company.

  11. Use License. Subject to your compliance with these Terms, the Company hereby grants to you a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the Services for your personal, non-commercial use. You agree that you obtain no rights other than the rights and licenses expressly granted in these Terms. Company reserves the right to change, upgrade or discontinue the Services, and any feature of the Services, at any time, with or without notice.

  12. Company Content. The Company Content (as defined below) is protected under copyright, trademark, and other laws. The Company Content belongs or is licensed to the Company or its software or content suppliers. Any distribution, reprint, or electronic reproduction of any Company Content, other than as expressly permitted in these Terms, is prohibited.

  13. Trademarks. The Company shall maintain all right, title, and interest in and to any names, marks, service marks, trademarks or logos of the Company and its affiliates (collectively, the “Company Marks”). The Company Marks may not be used in connection with any product or service that is not the Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or implies a partnership, sponsorship, or endorsement with or by the Company. You shall not mention or use any of the Company Marks in any ad text, extensions, or banner ads without the express prior written consent of the Company. All other trademarks not owned by the Company that are used in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company.

  14. User Content

  15. Ownership. As between you and the Company, you own your User Content and, subject to Section 9.2, the Company does not claim any rights in such User Content and nothing in these Terms wil…