Last Updated: January 2018
Nimbco Pte Ltd (“Get Sandwich,” “we,” or “us”) offers an online video sharing platform and community through its website located at getsandwi.ch and other Get Sandwich-operated sites (collectively, the “Get Sandwich Site”), mobile applications, connected TV applications, and other online services (collectively and including the Get Sandwich Site, the “Get Sandwich Service”). By registering as a member or by using the Get Sandwich Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Get Sandwich. If you do not wish to be bound by this Agreement, do not use the Get Sandwich Service.
The Services are owned by Nimbco Pte Ltd (UEN: 201420364W) a company incorporated under the laws of Singapore. Contact information is provided at the bottom of this page.
AGE REQUIREMENT: You must be at least 13 years old to use the Get Sandwich Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Get Sandwich Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Get Sandwich Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Get Sandwich Service. If your child is using the Get Sandwich Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Get Sandwich Service is appropriate for your child, please contact us at [email protected].
LICENSE: Get Sandwich grants you a limited, non-exclusive license to access and use the Get Sandwich Service for your own personal, non-commercial purposes. This includes the right to view content available on the Get Sandwich Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Get Sandwich Service for commercial purposes unless you are a Get Sandwich Team or Enterprise subscriber, in which case you may use and access the Get Sandwich Service for commercial and non-commercial purposes, subject to compliance with this agreement.
RESTRICTIONS: Except as expressly permitted by Get Sandwich in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Get Sandwich Service or any source code therein. Nor will you attempt to circumvent any of Get Sandwich’s technical measures or take any measures to interfere with or damage the Get Sandwich Service. All rights not expressly granted by Get Sandwich are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Get Sandwich Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Get Sandwich and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third-party rights, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Get Sandwich Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
BILLING: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any errors or damages caused by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
SUBSCRIPTIONS: In addition to offering Basic (free) Get Sandwich memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Get Sandwich player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with a particular subscription, or additional bandwidth for applications not using the Get Sandwich player may request a custom account by contacting us here: [email protected] Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have fourteen (14) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Get Sandwich. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Get Sandwich reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Get Sandwich may disable access to or delete any content to comply with Basic account limits. If you’re using Get Sandwich for commercial purposes, you will need to maintain a Get Sandwich Team, Enterprise or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of products and services through the Get Sandwich Service are subject to this agreement, the terms and conditions of the Payment Processor as well as to other terms and conditions that are presented to you at the time of purchase.
Pricing, for all Get Sandwich plans, is subject to change upon 30 days’ notice from Get Sandwich. Such notice may be provided by email, and/or posting the changes to the Website or within the Service itself. Get Sandwich is not liable to you or to any third party for any modification to Get Sandwich pricing.
We will charge your credit card the pro-rata amount for any add-on or upgrade in plan level immediately.
We will credit your account the pro-rata amount for any downgrade in plan level immediately. This credit will be applied in your next billing cycle.
CHANGE IN AMOUNT AUTHORIZED: If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
TERM: This Agreement begins on the date you first use the Get Sandwich Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Get Sandwich Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Get Sandwich may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Get Sandwich determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Get Sandwich’s reputation and goodwill. If Get Sandwich deletes your account for the foregoing reasons, you may not re-register for the Get Sandwich Service. Get Sandwich may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Get Sandwich will terminate. Sections 6 and 11 through 15 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Get Sandwich shall not be responsible for the loss of such content.
AVAILABILITY OF CONTENT: We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- exploits minors;
- depicts unlawful acts or extreme violence;
- depicts animal cruelty or extreme violence towards animals;
- promotes fraudulent or dubious business schemes;
- violates any law; or
- includes anyone’s sensitive company and/or financial information.
All videos you submit must also comply with the Get Sandwich Guidelines, which are incorporated into this Agreement.
In using the Get Sandwich Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Get Sandwich Site (unless you are an official Get Sandwich partner or advertiser and have a written agreement with Get Sandwich).
Get Sandwich has the right, but not the obligation, to monitor all conduct on and content submitted to the Get Sandwich Service.
License to Get Sandwich: As between you and Get Sandwich, you own the video content (“videos”) that you submit to the Get Sandwich Service. By submitting a video, you grant Get Sandwich and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Get Sandwich Service; (ii) displaying the video on third party websites and applications through a video embed subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Get Sandwich Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
License To Other Users: You further grant all users of the Get Sandwich Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
Duration of Licenses: The above licenses will continue unless and until you remove your videos from the Get Sandwich Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indexes after removal and that Get Sandwich has no control over such caching.
As between you and Get Sandwich, you own all non-video content that you submit to the Get Sandwich Service. You grant Get Sandwich and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Get Sandwich Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Get Sandwich on improving or adding new features to the Get Sandwich Service, Get Sandwich shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Get Sandwich and grant the licenses set forth above; (ii) Get Sandwich will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Get Sandwich and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Get Sandwich Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Get Sandwich violates any law or infringes any third party right, including any intellectual property or privacy right.
Get Sandwich respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at [email protected].
Get Sandwich reserves the right to modify the Get Sandwich Service. You are responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the Get Sandwich Service. Get Sandwich has no obligation to screen or monitor any content and does not guarantee that any content available on the Get Sandwich Service complies with this Agreement or is suitable for all users.
Get Sandwich provides the Get Sandwich Service on an “as is” and “as available” basis. You therefore use the Get Sandwich Service at your own risk. Get Sandwich expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Get Sandwich makes no representations or warranties:
- That the Get Sandwich Service will be permitted in your jurisdiction;
- That the Get Sandwich Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the Get Sandwich Service or will be stored by Get Sandwich;
- That the Get Sandwich Service will meet your business or professional needs;
- That Get Sandwich will continue to support any particular feature of the Get Sandwich Service; or
- Concerning sites and resources outside of the Get Sandwich Service, even if linked to from the Get Sandwich Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Get Sandwich Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Get Sandwich shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) get sandwich’s total liability to you shall not exceed the amounts paid by you to Get Sandwich over the twelve (12) months preceding your claim(s).
Governing Law: This Agreement shall be governed by the laws of Singapore.
Disputes: Any dispute in connection with this agreement shall be settled by arbitration in according with the arbitration rules set forth by the Singapore International Arbitration Centre (“SIAC”). In cases where the amount in dispute is less than one hundred thousand (100,000) Singapore Dollar the Institutes rules on simplified arbitration shall be used. The place of arbitration shall be Singapore. The language shall be English.
Interpretation; Severability; Waiver; Remedies: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Get Sandwich in exercising any right hereunder will waive any further exercise of that right. Get Sandwich’s rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Get Sandwich’s prior written consent. No third party shall have any rights hereunder.
Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Get Sandwich electronically. Get Sandwich may provide all such communications by email or by posting them on the Get Sandwich Service. For support-related inquiries, you may contact us.
Nothing herein shall limit Get Sandwich’s right to object to subpoenas, claims, or other demands.
Modification: This Agreement may not be modified except by a revised Terms of Service posted by Get Sandwich on the Get Sandwich Site or a written amendment signed by an authorized representative of Get Sandwich. A revised Terms of Service will be effective as of the date it is posted on the Get Sandwich Site.
This Agreement constitutes the entire understanding between Get Sandwich and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
If you have any questions about this agreement or if you wish to contact us for any other reason, you can do so by mailing us at [email protected]