Noah Terms of Service

Welcome to the Noah website or app (the “Platform”), brought to you by Noah Media Ltd (“Noah”, “Your Noah”, “we”, “our” or “us”). We provide users (“you” or “user”) with the ability to create videos for your business, using a selection of scripts, music, logos and filters

(the “Services”)

Last updated: October 2020

  1. Noah Terms of Service. These terms of service (“Terms”), and any other policies or agreements published from time to time, constitute a legally binding contract between you and us regarding your use of the Services.  Your use of the Services constitutes your agreement of these Terms.  Please read these Terms carefully prior to accessing or otherwise using the Services. If you do not accept these Terms, you should refrain from using the Services.
     

  2. Your Account

    1. To access the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

    2. If you are using the Services on behalf of an organisation, you agree to these Terms on behalf of that organisation and represent that you have the authority to do so.

    3. You may authorise any person to access and use the Services (such a person being an “Authorised User(s)”) provided that you are responsible for ensuring that Authorised Users comply with these Terms and you will be liable for any acts or omissions of the Authorised Users.

    4. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, or if you become aware of any unauthorised attempt to access your account, you must immediately notify us at info@your-noah.com.

    5. If we suspect you or your Authorised User(s) are acting in violation of these Terms or engaged in illegal or improper use of the Services, we reserve the right to suspend and/or terminate your account without notice and without further liability to you.

    6. We reserve the right to suspend or terminate your account, and delete any content contained within it, if there is no account activity for three consecutive months or more.
       

  3. Use of the Services

    1. You will create a video and script using the tools available on the Platform (the “Video Content”). Any associated costs for the production, acquisition, or upload, of the Video Content shall be borne by you.

    2. You remain solely responsible for (i) the accuracy, completeness, reliability and fitness for purpose of the Video Content; (ii) obtaining the rights and permissions required for the Video Content and to share the Video Content; and (iii) backing up the Video Content.

    3. We reserve the right to remove and delete any Video Content without notifying you in order to protect the security and integrity of our Services.
       

  4. Your Rights. Subject to your compliance with the Terms, we grant you (and your Authorised User(s)) (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for the purpose of generating your Video Content for as long as you have an account with us; and (ii) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Video Content generated through the use of the Services and paid for by you in accordance with these Terms and in line with any other conditions communicated to you from time to time.
     

  5. Restrictions of Use

    1. If you are prohibited under applicable law from using the Services, the Video Content, you may not use them.  You agree that you are solely responsible for compliance with all applicable laws, rules and regulations that may apply to your use of the Services, the Video Content.

    2. You agree that you will not (i) allow, attempt to obtain, assist, or to otherwise make available to, third parties access to the Services other than as permitted in these Terms; (ii) create, using any information made available by or on our Services, any product, software or service where its expression or functionality is similar to that or competes with the Services;  (iii) upload or store any material that is, or appears to be, unlawful, illegal or in any way defamatory or harmful, or which infringes another person’s right to privacy, confidentiality or third party copyright, trade marks, or any other third party intellectual property rights ; (iv) use the Services (including the Video Content) other than as set out herein; (v) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or to probe, scan or test the vulnerability of the Services; (vi) collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services; (vii) transmit any material that is defamatory, offensive or otherwise objectionable or otherwise use the Service in any unlawful manner or for any unlawful purpose.

    3. If you are, or become aware, that any uploaded content, including the Video Content, constitutes or may constitute the foregoing, please notify us immediately at info@your-noah.com.
       

  6. Fees and Payment

    1. From time to time we may offer a free trial in our sole discretion which may be suspended or terminated at any time in our sole discretion. At the end of any free trial, your subscription will automatically renew at the then full current subscription price, unless you cancel your subscription before the end of the free trial.

    2. In some instances, we may charge a fee for access to specific Services (the “Fees”). Payments for the use of the applicable Services are made monthly in advance or as otherwise offered by Noah from time to time. We reserve the right to amend the applicable Fees at our sole discretion with prior written notice.

    3. Your subscription fees will be processed by either Stripe, Google or Apple, depending on the applicable app store.  The price and currency will be set out during the order process and may vary based on your country of residence.  In addition to the subscription fee, banks and credit card issuers may charge additional fees for which you are responsible, including a foreign transaction fee.

    4. Noah reserves the right to change the Fees at any time. Fee changes for a billing period will take effect at the start of the next billing period following the date of the Fee change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the Fee change takes effect, You agree to accept the new price.
       

  7. Intellectual Property Rights

    1. You warrant that you own, or have otherwise lawfully obtained, the rights and permissions to use all intellectual property rights in the Video Content, and your use of the Services and/or the Video Content will not infringe the intellectual property rights of any third party and complies with all applicable laws.

    2. By creating the Video Content, you assign to us absolutely and with full title guarantee any intellectual property rights of whatever nature, whether now known or created in the future, vested in such Video Content throughout the world for the whole term of such intellectual property rights including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights.

    3. All content available through the Services and on our website, including trade-marks, designs, text, scripts, graphics, pictures, videos, information, applications, software, music (including backing track remixes), sound and other files, are the intellectual property of Noah and its third party licensors (“Noah IP”). Your use of the Services does not grant you any right to use the Noah IP, except as set out explicitly within these Terms.

    4. Where required by law, we reserve the right to disclose your identity to any third party, regulator or authority who may claim that any of the Video Content violate intellectual property rights or constitutes Prohibited Material.
       

  8. Comments and submissions. If, at Noah’s request, you send certain submissions or you send unsolicited creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, as blog post comments, as social media comments or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation to (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any comments. We may, but have no obligation to, monitor, edit or remove content and comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
     

  9. Privacy. Your use of the Services is governed by Noah’s Privacy Policy. By using the Service, You agree to the terms set forth in that policy.
     

  10. Confidentiality. You acknowledge that you may have access to certain information and materials, including the terms of this Agreement, concerning Noah’s business, technology, products and services or reasonably should be considered given the circumstances of disclosure to be, confidential (such information being “Confidential Information”). If you receive or have access to Confidential Information, you undertake to treat and keep all Confidential Information strictly confidential. During your use of our Services and for an indefinite period following the end of your use of our Services, you will not use or disclose to any third party (and will use best endeavours to prevent the unauthorised publication or disclosure of) any Confidential Information. The foregoing restriction does not apply to (i) any use or disclosure authorised by us or any use or disclosure required by applicable law, provided you give us as much prior written notice of such disclosure as possible; or (ii) any information which is already in, or comes into, the public domain otherwise than as a result of your unauthorised disclosure.
     

  11. Indemnity. To the fullest extent permitted by law, you are responsible for your or your Authorised Users’ use of the Services, and you will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense (including reasonable legal fees, costs or settlements), arising out of or connected with your or your Authorised Users use of the Services, any breach of these Terms (including but not limited to and/or violation of any third party’s right, including, without limitation, any intellectual property right or privacy right. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
     

  12. Limitation of Liability. To the maximum extent permitted by applicable law, Noah and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“Noah and its Associates” hereinafter) expressly disclaim any and all liability in connection with the Services. Except for bodily injury, in no event will Noah or its agents be liable to You or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory (i) for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the platform, the service, and the data, whether or not such loss or damages are foreseeable; (ii) any unauthorized access to or use of the platforms; or (iii) for any direct damages in excess of (in the aggregate) £1,000. Any claim arising out of or relating to these terms must be brought within one year after the occurrence of the event giving rise to such claim. You understand and agree that Your sole right and remedy against Noah and its Associates is to discontinue use of the Platform and the Services.
     

  13. Cancellation and termination

    1. The Services are provided to the you on an “as is” and “as available” basis and, subject to applicable law, we make no warranty and/or representation (express or implied) as to the availability, usage, or fitness of purpose of the Services. You use the Services is at your own risk.   You understand and agree that the cancellation of your user Account is your sole right and remedy with respect to any dispute with Noah. If you or Noah terminates or suspends your access to the Services, you agree that Noah shall have no liability or responsibility towards you and no obligation to refund any amounts you already paid for toward your subscription of the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    2. Noah, in its sole discretion, may terminate or suspend use of the Services at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    3. You may cancel Your subscription of the Services at least 24 hours before the end of the then current billing period. You will continue to have access to the Services throughout Your pre-paid subscription period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused accounts, or by reason of your dissatisfaction with the Services. To cancel your account, contact Noah via the App.
       

  14. Third Party Tools. We may provide tools or features through the Services that enable you to interact with, including export information to, third-party websites or services. By using one of these tools or features, you agree that we may transfer such exported information to the applicable third-party website or service. Third-party websites and services are not under our control and we are not responsible for any third-party service’s use of your exported information. You acknowledge and agree that such interactions with third-party websites or services shall be governed by third parties’ terms, conditions and/or policies.
     

  15. Miscellaneous . You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of the rights and obligations under these Terms without our prior written consent. Failure to enforce any of our rights against you will not constitute a waiver of such rights, nor does it mean you do not have to comply with such obligations. These Terms constitute the entire agreement between you and Noah in relation to your access and use of the Services and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning such subject matter. If any term or provision of these Terms is found to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term of provision of these Terms or the remaining part of such term or provision or invalidate or render unenforceable such term or provision or part therefore in any other jurisdiction. Nothing in these Terms is intended to constitute a partnership or joint venture of any kind between you and us.  A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these Terms, except Apply as explained in 14.9 below. These Terms, its interpretation and any non-contractual obligations arising from or connected to it are governed by the laws of England and Wales. You and Noah irrevocably agree that the courts of England and Wales are to have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms.
     

  16. Updates to Terms. We reserve the right to modify these Terms at any time without notice. By continuing to access or use the Services after you agree to be bound by the updated terms.
     

  17. Electronic Communications. To find out more information about our Services, if you need assistance with your account or if you wish to make a complaint, please contact us at info@your-noah.com.

Copyright © 2020 Noah Media Ltd. All rights reserved.

Noah Media Ltd. is a limited company registered in England and Wales.

For all enquiries, feel free to contact us.