Terms and Conditions

Introduction

Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the video editing services provided to you by Ace Trace service, provided through Ace Trace, or co-branded retailer sites (collectively, the “Service”). By using our Service you agree to be bound by these terms. Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

1. Operator

This Service is operated by Aleksandr Ivkin under the laws of the State of Massachussets. Aleksandr Ivkin is also referred to in these Terms as “we” and “us”.

2. Purpose of the Service

Ace Trace offers video editing services that provide the ability to edit digital videos through a range of electronic devices including personal computers and hand-held devices.

3. Backup your data

Ace Trace requires that you maintain a backup copy of all videos and content edited on the Service such that in the event of a catastrophic data loss on the Service, your videos will be also be available on your local computer or archived media. The download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or video or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content. We are not a video backup or long term storage service provider. You should always keep backup copies of your videos stored safely on a device or service specifically designated and intended for backup purposes.

4. Availability

Aleksandr Ivkin uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Ace Trace. Every reasonable step will be taken by Ace Trace to minimize such disruption where it is within the reasonable control of Ace Trace You agree that Ace Trace shall not be liable to you for any modification, suspension or discontinuance of the Service.

5. Privacy

Ace Trace has a firm commitment to safeguarding your privacy. The terms of Ace Trace privacy policy are incorporated into, and considered part of, these Terms.

6. Trademarks

All brand, product and service names used in this Service which identify Ace Trace and its products and services are proprietary marks of Aleksandr Ivkin, and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Ace Trace or any third party with respect to any such image, logo or name.

Aleksandr Ivkin is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

8. Reporting Violations of Your Copyrights

If you believe the copyright in your work has been violated through this Service, please email [email protected]. You must provide the following information, which we may then forward to the alleged infringer: (a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service; (b) provide your address, telephone number, and email address; (c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and (e) provide your physical or electronic signature. Upon receiving your complaint, Aleksandr Ivkin may remove content that you believe infringes your copyright. In addition, Aleksandr Ivkin may terminate the account of the member who appears to be infringing your intellectual property rights.

From time to time Ace Trace may provide links that will take you to other, third-party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Ace Trace does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Aleksandr Ivkin is not liable for any loss or damage that you may suffer by using other websites.

10. Amendment of the Terms

We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Ace Trace for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

11. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Massachussets. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Massachussets.

12. General

These Terms constitute the entire agreement between Aleksandr Ivkin and you with respect to your use of the Service. Aleksandr Ivkin’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

13. Comments

If you have any comments or questions about the Service please contact us via our contact form at acetrace.org/feedback

Part B: Provisions Applicable to Registered Members and Customers

14. Registration

To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to email address associated to your authentication provider, since that is the primary way in which we will communicate with you about your account and your orders.

15. Formation of a Binding Contract

No contract will exist between you and Aleksandr Ivkin for the supply of any services or products unless and until Aleksandr Ivkin accepts your order by a confirmatory in-app alert, an e-mail, SMS/MMS message or other appropriate means of communication.

16. Pricing and Delivery

All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.

Aleksandr Ivkin does not claim ownership rights in any video edited in your account.

18. Conduct

You are responsible for all of the videos you copy or edit using the Service. You must have the legal right to copy and edit each video that you copy or edit. Professional videos that are provided to you or made available through websites, online services or other resources, are protected by copyright and should not be edited using the Service. You agree not to use the Service: a. for any unlawful purposes; b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Ace Trace, Inc; d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; f. to upload, post, email or otherwise transmit any material which is likely to cause harm to Ace Trace or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; g. to make images hosted by Ace Trace available for viewing by the general public through a publicly posted link to the image or otherwise; h. for any commercial purpose. You further agree that you shall not: a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or b. provide any information to Aleksandr Ivkin that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

19. Monitoring of Content

Ace Trace does not control the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

20. Suspension and Termination of Access and Membership

You agree that Aleksandr Ivkin may at any time without notice: a. refuse to accept your application to become a member of Ace Trace; b. move or suspend any part of the Service; or c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Aleksandr Ivkin sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Aleksandr Ivkin to do so.

21. Disclaimer of Warranty and Limitation of Liability

Aleksandr Ivkin agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose. THE SERVICE, Ace Trace SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY Ace Trace “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Aleksandr Ivkin DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO Ace Trace, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR VIDEO OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY Aleksandr Ivkin , SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, Aleksandr Ivkin WILL BE LIABLE ONLY FOR THE COST OF THE ORDER. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Aleksandr Ivkin SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, Ace Trace SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF Ace Trace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.