VIDYPS 79 D.O.O. END USER LICENSE AGREEMENT (EULA)
By using this service ("Service") owned by VIDYPS 79 d.o.o. ("Licensor") you accept all the terms and conditions of this Agreement.
It was last updated on November 11, 2021.
THE MAIN TERMS OF THE AGREEMENT IN A NUTSHELL:
1. The Service allows you to collect and encrypt evidence of the progression of your work that you will use when registering with an authorized copyright agency, in litigation and legal disputes and add a permanent and invisible watermark to your work.
2. The evidence collection and encryption app enables you to place all images, audio, video and text files associated with the progression of your work in a single zipped folder, which is then digitally signed and encrypted with a uniquely generated digital signature. The resulting file is accompanied by a digital certificate and is made available for download, sharing and use in litigation and legal disputes.
3. Digital watermarks help us globally and uniquely authenticate digital works that are sold, bought, listened to, read, watched or viewed. They also provide copyright protection for intellectual property in the digital world and provide users with access to publicly available information about the copyrighted work.
The produced digital watermark is unobtrusive, invisible, inaudible and noiseless. Watermark data is physically embedded in the file forming an integral part of the whole. It is easy to use, reliable, robust and in no way impairs the quality of the original file.
The watermarked files are available for further distribution to all digital platforms, music stores, stock photo sites, video streaming services and online marketplaces. You can use them as evidence in litigation and legal disputes.
4. The Licensor of this web tool requires paying a fee to grant a license under intellectual property laws to authorize a use to its Licensee. Registration is required.
5. The copies of your digitally encrypted and/or watermarked files will be delivered to you via email, via your personal FTP account on our server, or by using a custom app running on one or more of your computers that we have developed for you.
6. The Licensor does not claim any ownership rights in Your content. You will continue to own Your content and can use it in any way that You choose.
7. You must accept the terms of the Service as set herein. You can terminate this Agreement at any time. The Service can prohibit Your using the tool at any time due to Your prospective violation of this Agreement.
1. GRANT OF LICENCE
1.1 Your Content
This Agreement sets out the terms and conditions agreed between You and the Licensor on
the basis that You own or have the right to exploit and to grant a worldwide licence to
the Licensor to use the content which You upload and provide to the Licensor.
1.2 Reserved Rights
All rights and licences not expressly granted to the Service under this Agreement are
reserved by You. Ownership of Your Content shall remain with You or Your licensors.
2.1 You shall deliver to the Licensor:
(a) Your Content from which the Licensor shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by the Licensor in connection with the
marketing and promotion of Your Content, if required to do so;
(c) A written schedule of the names and contact information of the author(s) of the image/audio/video/GIF/PDF files embodied in Your Content, followed by additional copyright information and metadata in Your possession or under Your control relating to Your Content, if required to do so;
2.2 The Service requires the information set out above to ensure that Your content is
2.3 The Service may encode or transcode Your Content as required.
2.4 You may deliver your content and material uploaded by digital upload or, if agreed with Licensor, by using some other digital media.
3.1 This Agreement shall commence on the very date that You upload any of Your
Content using the facility on the Licensor, and shall continue until such time as
You or the Licensor terminate this Agreement if:
(a) You require from us to remove Your Content from the Service; or
(b) The Service removes Your content on its own due to Your prospective violation of this
3.2 Following termination of this Agreement, the Licensor may retain on a confidential
basis one copy of any correspondence, information or data provided by You to the Licensor
in order to comply with legal or regulatory requirements and/or internal document retention
policies as well as any and all: (i) e-mails and any attachments contained in such e-mails; and
(ii) any electronic files, each of which are automatically saved.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and undertake to the Licensor that:
(a) the information that You have provided when uploading your content is true, accurate,
(b) You are the owner and/or authorized licensor of Your Content throughout the world and
have obtained all necessary rights, clearances, consents, releases, waivers and authorizations
in respect of Your Content;
(c) You have full right and authority to enter into this Agreement and grant the licence in
(d) There is no present or prospective claim or litigation in respect of Your Content;
(e) The use by the Licensor of Your Content shall not infringe the rights of any third
(f) You have cleared all rights (including in the form of waivers of all moral rights,
neighbouring rights or similar rights held anywhere in the world from any contributor to Your
Content) and made all payments due to any performing artist, photographer, designer, collecting society, producer or
contributor to your content in such a way that these payments are equitable in accordance with relevant
legislation and that no further payments shall be payable by the Licensor; and
(g) Your Content will not contain any contaminated file, viruses, worms, Trojan horses or
other similar harmful or destructive code or program.
4.2 The Service warrants that it has the full right and authority to enter into this
You hereby indemnify and will at all times keep the Licensor and its parents, subsidiaries and
affiliates fully and effectively indemnified from and against any costs, claims, demands,
investigations, liabilities, losses, damages, judgments, settlements, costs and expenses
whatsoever, including attorneys' fees arising out of or in connection with this Agreement,
made against or incurred by the Licensor in consequence of any actual or alleged breach or
non-performance by You of any of Your representations, warranties, undertakings or
covenants, or Your violation of any material term or condition, contained in this Agreement.
You agree to fully cooperate and act reasonably as required by the Licensor in the defence of any
claim. Notwithstanding the foregoing, the Licensor retains the exclusive right to settle,
compromise and pay any and all claims, demands, proceedings, suits, actions or causes of
actions which are brought against the Licensor.
6. COPYRIGHT AND RELATED RIGHTS ACT
The Service adheres to the Serbian Copyright and Related Rights Act in its entirety.
The author is granted an exclusive right to use the work he created, which prohibits all other individuals and legal entities, including profit and non-profit organizations, from using the work without permission given by the author, which the Licensor must be timely notified of.
Companies and other legal entities could never be considered to be authors, but only holders of specific components of a copyright and licensed to exploit the work of authorship, provided that they are granted such a license by the author or his legal successors.
One legal entity can be deemed a licensor and enter into this Agreement on behalf of an author if and only if entitled by the author to do so.
According to the Serbian Copyright and Related Rights Act, a foreign author's work is protected in the Republic of Serbia provided:
1) that the author is a person copyright has been asserted to on the basis of an international treaty ratified by the Republic of Serbia;
2) that there is reciprocity between the Republic of Serbia and the country to which the author belongs
The Service is owned by VIDYPS 79 d.o.o. and its structure, organization and code are the valuable trade secrets of VIDYPS 79 d.o.o.
VIDYPS 79 d.o.o. reserves all rights not expressly granted.
7. ABUSE OF THE SERVICE
By using the Service, You agree that You shall not do or cause anything to be done that causes
You to receive an unfair advantage or in any way prejudices the operation
of the Service or any part of it. In particular, You will not authorise, enable or
engage in any activity which is or is intended to be fraudulent, unlawful, false or which
artificially alters any information on or relating to the Service, including (by
way of example) entering incorrect personal and business data, falsifying personal and business data, misrepresentation, uploading unauthorized content, uploading duplicates of Your Content etc.
The Licensor reserves the right to delete or move Your Content and any information relating
to Your Content uploaded through the Service, in whole or in part, in our sole
discretion. The Licensor reserves the right to suspend or terminate Your access to
the Service with immediate effect and without notice to You, and to pursue all legal
remedies if the Licensor believes, in its sole discretion, that You are in breach of any part of
You agree that the Licensor may use Your Content to demonstrate the
functioning of the Service, provided that the Service shall not use Your
Content as a direct product endorsement.
You acknowledge and agree that this Agreement sets out the business relationship between
You and the Licensor.
Nothing in this Agreement shall be construed: (i) to give either party the power to direct or
control the daily activities of the other party; or (ii) to constitute the parties as principal and
agent, employer and employee, franchisor and franchisee, partners, joint venturers, coowners,
or otherwise as participants in a joint undertaking.
10. NO OBLIGATION
You acknowledge that the Licensor may change the scope of its Services from time to time
and without notice to You. In that case, VIDYPS 79 d.o.o. will not be obligated to use or broadcast your content to the extent that it did so before the changes were made.
VIDYPS 79 d.o.o. provides the technical support for using the Service. Contact VIDYPS 79 d.o.o. for more information.
All notices or other communications required under this Agreement shall be given by email to
the relevant party at the email address provided at the time of its registration and shall be deemed to have been given
on the date that the email is sent to the recipient.
Nothing in this Agreement shall confer or purport to confer on any third party any benefit or
the right to enforce any term of this Agreement.
If any provision of this Agreement (or part of any provision) is found by any court or other
authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or
part of such provision shall, to the extent required, be deemed not to form part of this
Agreement, and the validity and enforceability of the other provisions of this Agreement shall
not be affected.
This Agreement is governed by and shall be construed in accordance with the law of Republic Of Serbia
and in the event of a dispute the parties shall submit to the exclusive jurisdiction of
the Serbian Courts.
The Service may, at its sole discretion, make changes to this Agreement at any time and will
post any changes on this page. In certain circumstances, the Service may send an email to
You notifying You of the change. You should, however, check this Agreement
from time to time to ensure You are aware of any changes.
If You find any change unacceptable, please terminate this Agreement by ceasing to use the Service immediately.
Failure to terminate this Agreement shall constitute Your acceptance of the new terms and conditions of this Agreement.
The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS GOVERNING THE USE OF YOUR CONTENT ON THE SERVICE. IF YOU ARE UNSURE ABOUT ANY OF THESE TERMS AND CONDITIONS YOU ARE ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM.
The Service is provided "as is", without warranty of any kind, express or implied, relating to the use of the Content for any purpose, not covered by the provisions of this Agreement.