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 The information contained in the Service may be incomplete, may contain errors, or become out of date at any time.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.
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Plotagon, its parents and affiliates, licensors and partners, and its and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Service, the Website, the Software or the services by a third party with the use of your account.
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, CONTENT, 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. PLOTAGON TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC.
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, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE SERVICE, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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 PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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 PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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 PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE 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, 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 PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, OR DEFECT IN OR CAUSED BY THE SERVICE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLOTAGON’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
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 film, movies, scenes etc. (“Submissions”). Except for the Plotagon Content contained therein, any intellectual right and title to such Submissions shall remain and where applicable shall become your intellectual property, including textual representations such as stories, manuscripts, screenplays, 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.
You agree that Plotagon shall be given the irrevocable, sublicensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce and distribute your User Content as contained in the Submission on the Website and in any and all media now known or hereafter devised for marketing and promotional purposes and feature your User Content and Submissions 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 does not infringe on any third party’s intellectual property rights. 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 copyright. 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”. The following information must be included when submitting a Take Down Notice:
The Take Down Notice should be submitted to Plotagon at email@example.com
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 third party rights or otherwise violates applicable laws;
2) Posting content or taking action on the Website or other permitted websites that infringes or violates third party rights or otherwise violates applicable laws;
3) Using Plotagon’s copyrights or trademarks or any confusingly similar marks;
4) Collecting information from other users without obtaining their consent and making it clear you (and not Plotagon) are the one collecting their information;
5) Making public anyone’s identification documents or sensitive financial information or posting such information on the Website or other permitted websites;
6) Taking any action that imposes an unreasonable or disproportionately large load on the Service; and
7) 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: October 4, 2013