ANIMATION MAKER – License
Last updated on 16 OCT 2020
Subject to the terms of Terms of Service below, you are hereby granted a non-exclusive, perpetual, limited, non-transferable, non-assignable freely revocable licence to use and publicly display Our Content. We reserve all rights in Our Content not expressly granted to you in Terms of Service.
1. When you buy an animation in Our App you are acquiring licence for one project only. If you want to use the animation in another project you need to buy another licence. Project means one video file presented in one location for no more than 200000 viewers. If you have more viewers or more locations you need to buy one licence for each 200000 viewers or for each location.
2. You can use and display our content only as part of a video project without alpha channel.
3. Our content cannot appear on a constant one colour background (that is easy to remove)
4. You need to use copyright notice together with your project protecting contents from copying by others. (You can put your own copyright or ours if you prefer, also general protection provided by services like Facebook or YouTube can be used).
ANIMATION MAKER – Terms of Service
Last updated on 16 OCT 2020
The following terms and conditions govern your access and use of the following websites (including subdomains) and/or apps: animation-maker.com, Animation Maker Cutter (Our App), graphic.gallery, social-media-pictures.com, infographic-maker.com. Term “Website” will be further applied to indicate every and each of these projects. These terms and conditions apply to all information, content, services and functionality available at or through the Website. This Website is owned and operated by Arcshow Information Technology Limited, a registered company in the United Kingdom. (“Animation Maker”, “we “, “us “, or “our “, “Our Company”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING OR USING THE MOBILE APP OR BEFORE USING OUR WEB PORTAL. By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”) and Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (“you or Users”). If you do not agree with all of these Terms of Service, then you are prohibited from using the Website and Services and you must discontinue use immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The Website is intended for users who are at least 13 years old. If you are under the age of 13, you are not permitted to register for the Website or use the Services without parental permission. You undertake to be eligible to use the Website or have consent from your parent or guardian. We may make changes to these Terms of Service, Website or the Services to meet our users' needs and/or for our business priorities at any time. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. The updated version of these Terms of Service will be indicated by an updated revised date and the updated version and/or the changes in the Services will be effective when posted. You are responsible for visiting this Website and to stay informed of all the updates. Your continued use of the Website represents that you have accepted such changes.
If you have any questions concerning the Terms of Service, please contact us at android@animation-maker.com.
Your Account:
Individuals need to download our free mobile app from Google Play Store. Animation Maker provides few basic animations for its Users to try and see how it works. Should you decide to try more of our animations, you will need to register yourself on the mobile app and avail the Services by purchasing animation tokens for a prescribed subscription fee which shall be valid for three months or one year (as the case may be). Selected business customers can avail the Services by registering on our web portal and purchase the animation tokens from our web portal. Animation tokens are a form of monetary system through which you can acquire overlays for your videos. The tokens shall be valid for 3 months or 1 year, as applicable from the date of purchase of the tokens (“Token Validity Period”). For details about token and its use, please visit this page. For completing the transaction, you will be redirected to our business partner’s website which will further facilitate the payment transaction. You may cancel the subscription or delete your account with us at any time and if you cancel or delete your account before the end of the Token Validity Period, your cancellation will take effect immediately. In case of cancellation or deletion of your account, you will not be given any refunds. You will only be eligible for refunds for cancellation, in case all the tokens purchased are left unused at the time of cancellation or deletion of the account. Furthermore, you are advised not to share your password with anyone and if you notice any unauthorized access to your account, you should immediately change your password and report to us at android@animation-maker.com.
At the time of Registration:
You are required to provide your accurate personal data including first name, email address and billing address at the time of registration on Website. This will help in associating a relationship with us and is required for future reference purpose. You will be informed about the important updates of the Services referring to these details only. Apart from the personal data mentioned hereinabove, Animation Maker shall access your IP address to understand your preferences on our Website and facilitate the Services by displaying Services that may be relevant to you. The personal data of the Users shall be processed as per our Privacy Policy.
Information Communication:
The User consents to receiving notifications on the Animation Maker mobile app and on their registered email address from time to time which informs the Users of information including but not limited to Service updates and even new features that are added to the platform.
Using our Services:
You agree that you will not misuse our Services. You should use the Services as being provided to you and must not try to violate any of the procedures. Your account can be analysed by Animation Maker anytime. We can even deactivate your account without informing you.
Acceptable Use
a. You may not access or use the Website for any purpose other than that for which we make the Website and our Services available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
b. As a User of this Website, you agree not to:
· Systematically retrieve data or other content from the Website to a compile database or directory without written permission from us.
· Make any unauthorized use of the Website, including collecting usernames and/or email addresses of other Users to send unsolicited email or creating user accounts under false pretences.
· Use the Website to advertise or sell goods and services
· Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
· Engage in unauthorized framing of or linking to the Website.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
· Make improper use of our support services, or submit false reports of abuse or misconduct.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Interfere with, disrupt, or create an undue burden on the Website or the networks and services connected to the Website.
· Attempt to impersonate another user or person, or use the username of another User.
· Sell or otherwise transfer your profile.
· Use any information obtained from the Website in order to harass, abuse, or harm another person.
· Use the Website or our Services as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.
· Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
· Attempt to access any portions of the Website that you are restricted from accessing.
· Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.
· Delete the copyright or other proprietary rights notice from any of the content.
· Copy, modify or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
· Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Website, or any material that acts as a passive or active information collection or transmission mechanism.
· Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
· Use the Website in a manner inconsistent with any applicable laws or regulations.
· Threaten Users with negative feedback or offering services solely to give positive feedback to Users.
· Misrepresent experience, skills, or information about a User.
· Falsely imply a relationship with us or another company with whom you do not have a relationship.
Ownership of Content and Intellectual Property Rights
Subject to the terms of these Terms of Service, you are hereby granted a non-exclusive, perpetual, limited, non-transferable, non-assignable freely revocable licence to use and publicly display Our Content. We reserve all rights in Our Content not expressly granted to you in these Terms of Service. We may terminate this licence at any time for any reason. The Website provides animations in a form of video file with alpha channel (transparent). This file can only be used as an overlay on a video without alpha channel. This restriction is to protect our work from illegal redistribution, so any resulting work should be without alpha channel.
The Service and all materials contained within the Service including, without limitation, software, images, text, graphics, illustrations, logos, photographs, video file generated by use of our software (“Our Content”), and all Intellectual Property Rights therein (as defined below) related to Our Content, are the exclusive property of Animation Maker and its licensors. Except as explicitly provided in these Terms of Service, nothing shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works in any manner from any of Our Content in whole or in part. Use of Our Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited. Any use of the Website not expressly permitted by these Terms of Service will be deemed a breach of these Terms of Service and may violate copyright, trademark, and other laws.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all present and future rights conferred by statute, common law, equity or any corresponding law in, or in relation to, any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights and all renewals and extensions of these rights.
Trademarks
Animation Maker and associated brands and designs are the trademarks of Animation Maker. You must not use any such trademarks unless you have a valid, written agreement or consent from Animation Maker to do so. All third-party trademarks on the Website are the property of their respective owners
Links to other websites
Links on the Websites may take you outside our network including for completing your payment transaction. Animation Maker accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Animation Maker cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Animation Maker. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
Modifications to and availability of the Website
a. We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
b. We cannot guarantee the Website and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. You agree that Animation Maker has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Services during any downtime or discontinuance of the Website or Services. Although we will try our best, we are not obliged to maintain and support the Website or Services or to supply any corrections, updates, or releases.
c. There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
Termination of our Services
We may also wish to stop providing the Services via Website, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the Website, and (if needed) delete the mobile app from your device.
Disclaimer
We provide our Services through individual registration and expect the Users to engage in a useful creative process. Animation Maker provides the service “as is”, “with all faults” and “as available”. Animation Maker makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the service will be uninterrupted, accurate, complete, reliable, current, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade, or that the service is free of viruses or other harmful components. therefore, you should exercise caution in the use of any such services or content and disclaims any and all responsibility for any third-party content or third-party sites.
Liability
Animation Maker and all its officers, directors, employees, affiliates and agents assume no liability or responsibility for, and in no event shall Animation Maker, its officers, directors, employees, affiliates or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Website, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website, or mobile app, by any third party, and/or any errors or omissions in any submission(s) or other content made available by Animation Maker, or for any loss or damage of any kind incurred as a result of the use of any submission(s) or other content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Animation Maker does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered by a third party through the Website or any hyperlinked website or featured in any advertising, and Animation Maker will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. You specifically acknowledge that Animation Maker shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnification.
You undertake to indemnify and hold Animation Maker harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs, arising from or relating to User content, your unauthorised use or conduct of the Website or any violation of the relevant policies, including but not limited to these Terms of Service, any applicable law(s) and regulations or rights of any third party(ies).
Governing Law; Venue and Jurisdiction.
This Website, Animation Maker Services and the use of it and any dispute of any sort that might arise between you and Animation Maker is governed by the laws of Poland and the courts of Poland shall have exclusive jurisdiction over any disputes hereunder.
General.
a. Visiting the Website, completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Website, satisfy any legal requirement that such communication be in writing.
b. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
c. These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Services constitute the entire agreement and understanding between you and us.
d. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
e. We may assign any or all of our rights and obligations to others at any time.
f. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
g. If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
h. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Website or Services.
English Language.
The parties agree that this Agreement and all documents relating thereto be drawn up in English.