In order to optimize your experience in the Service, Plotagon may collect information about you, but only if you voluntarily give it to us. We may ask you to submit personal and/or demographic information in connection with our online services, general support, and your registration with the Service. For example, Plotagon may ask for personal information to better help us respond to customer service questions related to the Service. Plotagon may also ask for an email address to communicate directly with a user about technology- and/or related questions, and provide them with answers that they may find helpful. For using the Service you will be required to provide a username and password. For the purchase of products and services, you will be asked to provide additional information such as your credit card information (e.g., cardholder name, credit card number, expiration date and billing address, as well as other typically required information) in order to process and fulfill your order.
Plotagon only collects personal information that it deems to be reasonably necessary to fulfill your online requests and our legitimate business objectives. To only browse certain content on the Website, you do not need to provide any personal information.
You agree to and accept that we may also occasionally use your account and/or email address to send you announcements regarding our products and services and/or business that may be of interest to you. This includes the right to send you sales offers and advertising regarding our products and services and/or business, including product placements in the Service.
Plotagon requests that anyone under the age of 18 not send any personal information about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect personal information such as name and email address from children under 16 years old in the Service, unless expressly permitted by parent or guardian. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities.
Plotagon may collect data in the form of logs. Log data collected on web servers supplies Plotagon with aggregate information about the number of visits to different pages on the Service and other navigational data.
Along with information provided at registration, users purchasing products and/or services through the Service may be asked to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases in the Service.
Once customers have successfully entered valid credit card information and completed the order process, a purchasing account will be created and maintained for them. If customers do not complete the order process, the information they submitted during the order process will not be captured by Plotagon’s systems. Plotagon uses the information provided to process the customer’s order and to send order confirmations via email, as well as to make future purchases easier for the customer. Plotagon does not sell, transfer or share customer information with third parties, except when the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Plotagon’s business (e.g., processing orders and payments).
Plotagon is always looking for ways to improve your experience of the Service. Plotagon may at times solicit additional personally identifiable information to help it to offer new products and services that may be of interest to you.
Plotagon has taken steps to ensure that the personally identifiable information it collects is secure. Please note that Plotagon may provide links to other websites that are operated and hosted by third parties who may have their own information collection practices. These other websites are governed by their own privacy policies, which may be substantially different from Plotagon’s policy. Visitors to other websites are encouraged to review the privacy policies and information collection practices of those websites.
Last Updated: October 4, 2013
If enabled by Plotagon in its sole discretion, you may establish an account with account data provided to Plotagon by a third party such as a social networking service, in which case you may have a separate, additional account relationship with such third party.
Plotagon reserves the right to add, modify, or delete services, products and any information from the Service at any time. Plotagon makes no representation or warranty as to the completeness or accuracy of the Service or information contained in the Service, nor does it represent or warrant that the Service will be available at all times or at any time. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. Plotagon makes no commitment and expressly disclaims any duty to update any of the content in the Service. The Service is provided on an “as is” basis without any express warranties.
You agree to fully pay for all products and services ordered through your account. You are responsible for providing Plotagon with valid credit card information to secure payment. Plotagon reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers.
Unless you are participating in the free trial, you are required to pay a one-time fee to download and use the Software (i.e. the Software is provided to paying users only). You will be informed of the fee and payment terms during the registration process.
Plotagon may also offer other products and services in the Software and/or on the Website, either for free, for one-time fees or for recurring fees.
The current fees and payment terms may be viewed on the Website. Plotagon may amend the fees and payment terms at any time. All fees are in U.S. Dollars. If your use of the Plotagon products and services are subject to any type of applicable taxes, then Plotagon may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
When you purchase any product or service after having established your account, you authorize Plotagon to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Plotagon is not required to collect) and for all hardware, software, Internet service and other costs you incur to access the Service. Plotagon reserves the right to change the fees and availability of any products and services at any time without notice; provided, however, such price change will not affect your purchase price for orders that Plotagon has already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.
Plotagon provides the Service on an “as is” basis. Plotagon shall endeavor to deliver products and services that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery of the Service and except as set forth in the next sentence, Plotagon shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of such product or service, or a refund of the purchase price paid for such product or service, as determined by Plotagon in its sole discretion.
Your continued access to the Service and license to use the Service is subject to proper conduct. Without limiting Plotagon’s rights to control the Service’s environment, and the conduct of the users within that environment, Plotagon prohibits the following practices that Plotagon has determined detract from the overall user experience: any action that imposes an unreasonable or disproportionately large load on the System; use of your own or third-party software to modify any content appearing within the Service, its environment or change how the Services are used; use of the Service, the software, or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.
The Service may contain links to other websites. Plotagon does not review or evaluate all of the websites linked to in the Service and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall Plotagon be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.
THE SERVICE IS PROVIDED BY PLOTAGON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PLOTAGON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PLOTAGON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICE, THE WEBSITE, THE SOFTWARE, OR THE INFORMATION AND CONTENT CONTAINED THEREIN OR PLOTAGON MATERIALS OR SERVICES INCLUDED THEREON; (II) THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE PROVIDED IN THE SERVICE; OR (IV) THAT THE SERVICE, SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF PLOTAGON, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PLOTAGON, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PLOTAGON, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “PLOTAGON” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 17 AND THE FOLLOWING SECTION 18) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR OTHERWISE FROM PLOTAGON OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PLOTAGON’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE IN THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. PLOTAGON RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR OR INTERVENE IN YOUR COMMUNICATIONS WITH OTHER USERS AND/OR OTHER USERS' COMMUNICATIONS WITH YOU. PLOTAGON SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS.
PLOTAGON TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT (DEFINED BELOW) THAT YOU OR ANY OTHER USERS OR THIRD PARTIES POST ON THE WEBSITE. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITED TO YOUR PURPOSE AND YOU AGREE THAT PLOTAGON SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PLOTAGON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT PLOTAGON SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE SERVICE (OR ANY ELEMENT THEREOF), PLOTAGON CONTENT (DEFINED BELOW), AND/OR USER CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (OR ANY ELEMENT THEREOF), PLOTAGON CONTENT, AND/OR USER CONTENT ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PLOTAGON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (OR ANY ELEMENT THEREOF), PLOTAGON CONTENT, AND/OR USER CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PLOTAGON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE (OR ANY ELEMENT THEREOF), PLOTAGON CONTENT, AND/OR USER CONTENT, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE (OR ANY ELEMENT THEREOF), PLOTAGON CONTENT, AND/OR USER CONTENT, WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLOTAGON OR A PLOTAGON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLOTAGON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SERVICE (OR ANY ELEMENT THEREOF) OR DEFECT IN OR CAUSED BY THE SERVICE (OR ANY ELEMENT THEREOF), INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Plotagon takes no responsibility for such effects and end results and the user is using the services on his/her own risk.
The names, logos, characters, brands and product and services names appearing in the Service are trademarks/service marks or registered trademarks/service marks of Plotagon or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
You acknowledge and agree that all content, design elements, and materials available in the Service, including without limitation, all digital characters, environments, buildings, rooms, objects, animations, actions, music, sounds, tools, software, code, engines etc. (“Plotagon Content”) are owned by Plotagon and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Plotagon and/or its partners and licensors. Plotagon and its partners and licensors retain all right, title and interest in and to the Plotagon Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Plotagon Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Plotagon Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Plotagon Content.
By using the Service you may create certain content such as animated films, characters, movies, scenes etc. (“Submissions”). Except for the Plotagon Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, including textual representations (e.g., stories, manuscripts, screenplays, etc.) and/or audio content (e.g., voice recordings, sounds and music etc.) created and submitted by you for use in the Service. That portion of a Submission that is not Plotagon Content is sometimes referred to herein as User Content.
By publishing any Submission containing User Content via the Service you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.
You agree that Plotagon shall be given the irrevocable, sublicensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to the Service, modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content as contained in the Submissions on the Website and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your User Content and Submissions, and any derivative works created therefrom, in its services, for example as educational material, in tutorials etc.
User Content must comply with all guidelines and requirements as may be notified to you by Plotagon from time to time and must not contain content that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Plotagon.
You shall be fully responsible for your User Content and represent that any content that you post to the Website (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights, right of privacy or right of publicity. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party.
Plotagon will delete or remove your content if Plotagon believes it is infringing someone else’s Intellectual Property Rights, right of privacy or right of publicity. If you believe Plotagon has removed such content by mistake, you may notify us and Plotagon may, but has no obligation to, provide you with an opportunity to appeal that decision.
If you repeatedly infringe other people's intellectual property rights, Plotagon will disable your account and take such action as we may deem appropriate.
Plotagon respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible on our Website is in violation of your copyright or trademark rights, please submit a “Take Down Notice” pursuant to the Digital Millennium Copyright Act.
The following information must be included when submitting a Take Down Notice:
The Take Down Notice should be submitted to Plotagon at firstname.lastname@example.org. After reviewing your Take Down Notice, Plotagon will remove or disable access to the applicable material if we consider it appropriate to do so. Plotagon may advise the alleged infringer of your claim and you expressly authorize Plotagon to do so.
Your continued access to the Service and license to use the Service is subject to proper conduct. You are strictly prohibited from:
1) Creating User Content with the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, privacy rights and publicity rights), defames a third party or otherwise violates applicable laws;
2) Uploading any audio content (including, but not limited to, voice recordings, sounds or music) to the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, rights of privacy and rights of publicity), defames a third party or otherwise violates applicable laws;
3) Posting content or taking action on the Website or via the Service that infringes or violates third party rights or otherwise violates applicable laws;
4) Using Plotagon’s copyrights or trademarks or any confusingly similar marks;
5) Uploading invalid data, viruses, worms, or other software agents through the Service;
6) Impersonating another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
7) Collecting information from other users without obtaining their consent and making it clear you (and not Plotagon) are the one collecting their information;
8) Making public anyone’s identification documents or sensitive financial information or posting such information on the Website or other permitted websites;
9) Taking any action that imposes an unreasonable or disproportionately large load on the Service; and
10) Using your own or third-party software to modify any content within the Service, or to bypass any part of the Service architecture to allow you to use the service in ways other than those intended by Plotagon.
When you use the Service, visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Service or by any other means Plotagon finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Service or otherwise) satisfy any legal requirement that such communications be in writing.
Last Updated: September 29, 2015