Thank you for choosing Animaker. This is an agreement between you (if signing as an individual or the legal entity you represent) (Hereinafter called "You") which term shall mean and include its executors, assigns, administrators and legal representatives and Animaker Inc. (Hereinafter called "Animaker" that governs your rights to use the services identified in the below mentioned agreement. You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. If you do not agree to these terms DO NOT SIGN UP and DO NOT USE THE SERVICES.
1.1 "Party" or "Parties" shall mean the Animaker or Subscriber or both based on the context.
1.2 "Agreement", "this Agreement", "hereto", "herein", "hereby", "hereunder" and similar expressions refer to this Agreement and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files.
1.4 "Subscription plan" shall mean the then existing subscription plans for use of Animaker services.
1.5 "Videos" shall mean animated videos created using Animaker services by Subscriber or uploaded by Animaker depending on the context.
1.6 "Content" shall mean the content made available by Animaker or the videos created by subscriber using Animaker services depending on the context.
1.7 "Services" shall mean Animaker software, content, applications and services, including services or software that allow you to stream, download, view or use certain digital content such as music, video, animated characters, applications and other content that Animaker makes available from time to time.
2.1 This Agreement applies to Animaker software, content, applications and services, including services or software that allow you to stream, download, view or use certain digital content such as music, video, animated characters, applications and other content that Animaker makes available from time to time (Hereinafter called the "Services"). The Services may be accessed from anywhere online.
By using or accessing the Services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Services
Your use of the Services under this agreement includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH SUBSCRIPTIONS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND ANY OTHER APPLICATIONS. You shall be solely responsible to have necessary hardware and software that is required to retain electronic records that you may require. Animaker shall not be held responsible for any typographical errors.
From time to time, Animaker may change or amend these terms. Animaker will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in section 6. Otherwise, the new terms will apply to you.
3.1 You must not use the services provided by Animaker for any of the following:
a) Use the Services to harm, threaten, or harass another person, organization etc;
b) Damage, disable, overburden, or impair the Services (or any network or Authorized Device connected to the Services);
c) Assign, resell, or redistribute any part of the Services or access to the Services, including the sale or purchase of an account;
d) Not provide accurate and correct information at the time of registration or signing up for a new account
e) Share your account username and password or otherwise authorize a third party to access or use the Services on your behalf without prior approval from Animaker;
f) Enable or use any unauthorized third party applications to access the Services;
g) Use the Services or any content on the Services for commercial purposes(except the Agency/Business versions of the subscription);
h) Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
i) Use any automated process or service (such as a bot, a spider, periodic caching of information stored by Animaker) to access or use the Services, or to copy or scrape or erase data from the Services;
j) Obtain (or try to obtain) any data from the Services or related hardware, except the data that Animaker intend to make available to you; or use the Services or related hardware to design, develop, or update unauthorized software or software application;
k) Use unauthorized software or hardware to access the Services or modify an Authorized Device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device; or
l) Except to the extent expressly permitted by applicable law notwithstanding this prohibition attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, animated characters, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an Authorized Device. If you do, Animaker may cancel your account and your ability to access the Services, and pursue other legal remedies.
m) Animaker may take any legal action that deem appropriate against users who violate our systems or network security, this Agreement or any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability
4.1 As a registered user of Animaker's Service, you may establish an account (Hereinafter called "Account"). Don't reveal your Account information to any third party. You shall be solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and agree to immediately notify Animaker of any security breach of your Account. Animaker shall not be responsible for any losses arising out of the unauthorized use of your Account
4.2 You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your Registration Data to keep it accurate and complete. You agree that Animaker may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
4.3 Should Animaker suspect that such information is untrue, inaccurate, not current or incomplete, Animaker reserves the right to suspend or terminate your use of the Services.
a) Animaker reserves the right to monitor your information, content and your videos and to remove or disable your content and your videos that Animaker in good faith determines to be illegal, harmful, offensive, creating liability for Animaker or its service providers, or otherwise in violation of this agreement or Animaker's acceptable use or operating policies or those of any third party service provider.
b) you hereby grant Animaker a non-exclusive, royalty-free, transferable license, with all the rights to sublicense, to use, reproduce, display, perform and create derivative works of your content to perform this agreement, including to store, offer and provide your videos.
Animaker provides Free account and Paid account. The terms of subscriptions are as mentioned below:
a) Free account:
Free subscription is offered to you when you register for an account with Animaker. Notwithstanding anything in this agreement to the contrary:
b) Paid account:
Paid account is offered to you on payment of prescribed subscription fees (For more details on Subscription plans click here) for a fixed period of time, you shall be entitled to full functionality service of Animaker during the subscription term.
Animaker grants you a non exclusive right to access and use Animaker service and a perpetual license to distribute the videos made by you subject to the terms and conditions set forth in this agreement, your subscription plan and limitations imposed by your free account or applicable Subscription Plan.
a) You agree that you will pay for subscription plan chosen by you for use of Animaker service. Animaker may charge your payment method for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ANIMAKER WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
b) All fees are payable in advance, non-refundable in US Dollars.
c) All fees, taxes and any other charges shall be billed to your address or where applicable your business, company or organization address.
d) Payment shall be made via Mastercard, Visa card and you hereby authorize Animaker to charge your credit card and store information of your credit card.
e) Animaker hereby declares and commits that the credit card information stored shall only be used for payment of subscription plans. Animaker shall be held liable to compensate if the credit card information has been leaked out or used for any unauthorized use.
f) You credit card shall be billed in advance on monthly, quarterly or yearly basis depending on the subscription plan you choose.
g) Your total price will include the price of the subscription plan plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the subscription plan.
h) Your subscription will renew automatically, unless Animaker terminates it or you terminate this Agreement pursuant to Section 5 or downgrade your subscription to a free account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
i) To downgrade your subscription to a free account, you can use change of plan in My account page. The change will become effective at the end of your subscription period. You must continue to pay all fees that come due during the remainder of your subscription.
j) If you fail to timely pay the applicable fees, Animaker may suspend or terminate your access to either the Animaker service or certain features of the Animaker Service by downgrading you service to a free account. You agree to promptly pay Animaker in the event of any refusal of your credit card issuer to pay any amount to Animaker for any reason. You agree to pay all costs of collection, including attorneys' fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Animaker may suspend or terminate Your access to the Animaker Service and delete Your Videos.
k) Any amounts not paid when due are subject to an interest charge at a rate of 1.5% or the maximum rate permitted by law, whichever is less.
l) You are responsible for, and will indemnify and hold Animaker harmless from, payment of all taxes (other than taxes based on Animaker's net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Animaker under this Agreement or the delivery or license of the Animaker Service or use of the Animaker Service or provision of any related services. You will make all payments to Animaker free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Animaker will be Your sole responsibility, and You agree to provide Animaker with official receipts issued by the appropriate taxing authority, or such other evidence as Animaker may reasonably request, to establish that such taxes have been paid.
a) If the service becomes unavailable at anytime because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest.
b) There shall be no refund for partial months of service, upgrade or unused months.
c) Prices for all the services offered by Animaker may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering
6.1 This agreement begins and binds upon you on the day you successfully register with Animaker and continue till the term of the subscription ends depending upon the subscription plan you choose.
6.2 If you give a notice of non renewal of Paid account to Animaker, your account will by default be downgraded to Free account.
6.3 Animaker may terminate this agreement at any time if you breach any of the terms and conditions set out in this agreement without giving prior notice.
6.4 Animaker reserves the right to change or discontinue any of the services of Animaker at any time by giving prior notice to you.
6.5 In the event of termination or expiration of this Agreement, you must immediately cease all use of the Animaker Service and, except for the license to distribute Your Videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Animaker may, at its option, block your access to the Services and/or delete Your Content and Your Videos. The definitions and rights, duties and obligations of the parties that by their nature continue and shall survive any termination or expiration of this Agreement.
6.6 Should you wish to terminate this Agreement, you must send your notice of termination to: email@example.com. In the event of your termination pursuant to this Section, this Agreement will terminate at the end of then-current term. You must continue to pay all fees that come due during the remainder of this Agreement.
7.1 You agree that the Animaker Service, including but not limited to Animaker Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Animaker Service, contains proprietary information and material that is owned by Animaker and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Animaker Service in compliance with this Agreement. No portion of the Animaker Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Animaker Service in any manner, and you shall not exploit the Animaker Service in any unauthorized way whatsoever, including, but not limited to, by trespass.
7.2 Notwithstanding any other provision of this Agreement, Animaker and its licensors reserve the right to change, suspend, remove, or disable access to any Animaker Products, content, or other materials comprising a part of the Animaker Service at any time without notice. In no event will Animaker be liable for making these changes. Animaker may also impose limits on the use of or access to certain features or portions of the Animaker Service, in any case and without notice or liability.
7.3 All copyrights in and to the Animaker Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Animaker and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE ANIMAKER SERVICE, EXCEPT FOR USE OF THE ANIMAKER SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
7.4 Animaker, Animaker logo, and other Animaker trademarks, service marks, graphics, and logos used in connection with the Animaker Service are trademarks of Animaker Inc. in the U.S., India and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Animaker Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
7.5 As an Account holder of the Animaker Service in good standing, you may be provided with access to download certain videos created by you using Animaker services. Such access is provided as an accommodation only, and Animaker does not warrant, and will not have any liability or responsibility for, such art or your use thereof. You may access videos for which you are the lawful owner of a legal copy. Access is provided for personal and commercial use depending upon your subscription plan. You agree that you will not use Animaker services in any manner that would infringe or violate this Agreement or the rights of any other party, and that Animaker is not in any way responsible for any such use by you.
8.1 Except for the licenses granted to you by this agreement, you shall retain all right, title and interest, including all related intellectual property rights, in and to your content and Animaker retains all right, title, and interest including all related Intellectual property rights in and to the Animaker services, your videos excluding the content created by you and any other software, literature made available under this agreement and all modifications and derivative works of any and all of the foregoing works (hereinafter called as "Derivative works").
8.2 You agree to assign and hereby assign all right, title and interest including all related Intellectual property right, in and to the Derivative works. You hereby agree to waive and never assert your right such as moral right to the extent permitted by law.
8.3 Animaker retains all rights not expressly granted to you under this Agreement. You do not have any implied rights.
8.4 Your rights with respect to your Videos are further detailed in your subscription plan. In the event of a conflict between this Agreement and any subscription plan, this Agreement will govern and control.
You hereby acknowledge and agree that all information, written and oral, concerning Animaker services furnished from time to time to you, including the Subject Documents, is provided on a confidential basis. You further acknowledge and agree that it will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Animaker, to anyone other than the Animaker's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section
10.1 ANIMAKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ANIMAKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ANIMAKER MAY REMOVE THE ANIMAKER SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ANIMAKER SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
10.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ANIMAKER SERVICE IS AT YOUR SOLE RISK. THE ANIMAKER SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ANIMAKER SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ANIMAKER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
10.3 IN NO CASE SHALL ANIMAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ANIMAKER SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ANIMAKER SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANIMAKER SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANIMAKER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.4 ANIMAKER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ANIMAKER SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANIMAKER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.5 ANIMAKER DOES NOT REPRESENT OR GUARANTEE THAT THE ANIMAKER SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ANIMAKER DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT.
11.1 By using the Animaker service, you agree, to the extent permitted by law, to indemnify and hold Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the Animaker service, or any action taken by Animaker as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. this means that you cannot sue or recover any damages from Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Animaker service, or to take any other action during the investigation of a suspected violation or as a result of Animaker's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
You may not export or re-export any of your Content, Animaker services except in compliance with the laws of United States of America. The foregoing and all accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the U.S. Government is governed solely by the terms of this Agreement
Without prior consent of Animaker you may not transfer or assign your rights granted under this Agreement, in whole or in part, except in connection with Merger and Acquisition or sale of all or substantial assets to which this agreement relates. You agree to inform Animaker of other party involved in any Merger or Acquisition. Animaker may freely transfer or assign its rights under this agreement. If you purchase a "Transfer Rights" license or if otherwise expressly authorized by your Paid account or higher subscription, you may assign or otherwise transfer the right to distribute your videos to third parties, subject to you following the procedures and terms outlined by Animaker for the transfer and the assignee separately agreeing with you in writing to be bound by this Agreement. Upon such an assignment or transfer, you may not retain any rights to use that Video further.
This Agreement shall be governed in accordance with the laws of the State of Nevada. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Nevada including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Any and all disputes arising under or relating to the interpretation or application of this Agreement shall be subject to arbitration in USA as per the Federal Arbitration Act
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
The performance of any part of this Agreement by the parties shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of either party. Upon the occurrence of any such event the party whose performance is affected shall notify the other party of within 30 days of such occurrence.