Terms of Use

These terms of use (the “Terms of Use”) together with the applicable Privacy Policy sets out the terms and conditions governing your visits, access and use of the Services (as defined below).

The Services are provided by Plotagon Production AB, a Swedish corporation, and its affiliated entities, and each of their present, former and future parent companies, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, “Plotagon®”, “we”, “our”, us).

Please note that by entering the Website (defined below) and/or downloading and using the Software (defined below) you agree to abide by these Terms of Use. Plotagon® owns all intellectual property rights in and to the Services and permits you to use the Services only in accordance with these terms. Your use of the Services constitutes your acceptance of the Terms of use. If you do not agree to the Terms of Use, please do not use the Services. If you have any questions or concerns you can contact us at:

Plotagon Production AB
Wallingatan 18
114 46 Stockholm
Sweden

The Services we provide

The “Services” consists of Plotagon®’s downloadable software for desktops, tablets and mobile handsets including both Plotagon® Story, Plotagon® Studio and Plotagon® Education (the “Software”) which enables end users to write movie scripts, record dialogue and make animated stories and the Plotagon® website (the “Website”) where, among other things, the users can display their animated stories, watch other users’ animated stories, and interact with other users. The purpose and intent of the Services is to enable end users to write movie scripts, record dialogue and create animated movies, and to share these animated stories with other users and/or non-users as set forth in these Terms of Use.

Plotagon® reserves the right to add, modify, or delete services, products and any information from the Services at any time. Plotagon® makes no representation or warranty as to the completeness or accuracy of the Services or information contained in the Services, nor does Plotagon® represent or warrant that the Services will be available at all times or at any time. The information contained in the Services may be incomplete, may contain errors, or become out of date at any time.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 Services.

Unless stated otherwise in these Terms of Use, the same conditions shall apply for Plotagon® Story, Plotagon Studio and Plotagon® Education.

Accounts

Before using any version of the Software, you must register an account on the Website. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Plotagon® reserves the right to disable or block accounts without notice in its sole discretion. You are not permitted to transfer your account, characters, animations etc. to another person or entity, unless specifically permitted in writing by Plotagon®. You acknowledge that the Services are not intended for children under the age of 13 unless you are using the Services as a part of your school’s educational plan (i.e. Plotagon® Education) as described in our Privacy Policy, which is hereby incorporated in these Terms of Use by reference. Parents, please read our Privacy Policy to understand how you can control and limit the information your child shares when using Plotagon® Education.

You may delete your account at any time, but Plotagon® reserves the right to keep copies of any materials you have uploaded to the Service and to show such material on its website or on other websites or media for promotional purposes and otherwise as set herein.

Registration

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Services and you hereby accept sole responsibility for all activities that occur under your account or password.

Plotagon® reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion for any reason whatsoever. For information on how we handle the personal data you transmit to us through the Services, please see our Privacy Policy.

Payment

Unless you are a Plotagon® Education student user under a duly purchased school account, you agree to fully pay for all Services ordered from Plotagon® in accordance with our applicable payment terms and methods. In certain use cases, e.g. where your employer or another third party has granted you a license use to Plotagon Studio, such third party will be responsible for the due payment of applicable license fees. In you are paying with credit card 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.

Fees, cancellation and payment terms

You will be informed of the applicable fee(s) and payment terms during the registration process The current fees and payment terms can be viewed on the Website. Plotagon® may amend the fees and payment terms at any time.

If your use of the Services is subject to any type of applicable taxes, then Plotagon® may charge you for any such taxes, in addition to any fees.

Plotagon® reserves the right to change the fees and availability of any of the Services at any time without notice; provided, however, such price change will not affect your purchase price for orders that we have already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.

Access

In consideration of the payment of the fees and subject to your registering for an account and compliance with the terms contained herein, Plotagon® will, upon receipt of your payment, provide you with access to the Services. If Plotagon® is unable to process your payment at any time, your access to the Services may be suspended or terminated at Plotagon’s discretion.

License

Upon establishing a valid account, and subject to your making any applicable payment and continued compliance with the Terms of Use, Plotagon® grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Services. Your use of the Services is at your own risk.

Delivery of Products and Services

Plotagon® provides the Services on an “as is” basis. Plotagon® shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to purchased services that are not delivered within a reasonable amount of time after ordering is a refund of the purchase price paid for such services, as determined by Plotagon® in its sole discretion.

Restrictions on Use

You agree to abide by all applicable laws and regulations when using the Services. You expressly agree that you shall not: (a) use the Services for any illegal purpose; (b) use the Services in any manner which violates the rights of a third party (including, without limitation, copyrights, trademarks, moral rights, trade dress, goodwill, trade secrets and all other intellectual property rights that might now exist or hereafter come into existence (“Intellectual Property Rights”) or in a way defames a third party; or (c) use the Services in any manner that breaches the terms and conditions of the Terms of Use.

Your access and right to use the Services is subject to your proper conduct. Such actions include, but are not limited to, practices that Plotagon® consider detract from the overall user experience; any action that imposes an unreasonable or disproportionately large load on the Services; use of your own or third-party software to modify the Services, its environment and/or any content appearing within the Services or any information accessible through the Services, actions to bypass the Service’s login architecture or create or provide any other means through which the Services may be accessed and/or used by others.

The Services may contain links to other websites. Plotagon® does not review or evaluate all of the websites linked to in the Services 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 and their related services. 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.

Indemnification

Your use of the Services constitutes your agreement to defend, indemnify, and hold harmless Plotagon®, its parent companies, subsidiaries, affiliates, licensors and partners, and its and their respective members, employees, contractors, agents, officers, and directors, from and against any actions, losses, claims, demands, liability, damages, costs and expenses, including reasonable attorneys’ fees, arising out of: (i) your (or a third party using your account) use or misuse of the Services including any content uploaded or created by you (or a third party using your account); (ii) your breach of these Terms of Use, including, but not limited to, any representation or warranty here under; (iii) your violation of any third-party right, including, without limitation, any right of publicity, privacy or Intellectual Property Rights; and (iv) violation of any applicable law or regulation.

Termination

These Terms of Use are effective until amended by Plotagon® in its sole discretion. You agree that Plotagon® may terminate your access to the Services, including, without limitation, your user name and password, at any time for any reason without prior notice or liability. Plotagon® may change, suspend, or discontinue all or any aspect of the Services or the Website or create usage limits for the Service at any time for any reason without prior notice or liability, including, without limitation, the availability of any feature. Plotagon® may close all accounts and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Plotagon® may, but not obligated to, communicate such termination to you in any of the following manners: (i) when you log into your Account; (ii) in a notice on Plotagon®’s website; (iii) via electronic mail; or (iv) in another manner that Plotagon® deems suitable to inform you of the termination. If Plotagon® terminates the services, you will not receive a refund of paid fees. You may terminate your account at any time, upon notice to Plotagon® via electronic mail. You will not receive a refund of paid fees.

Seizure Warning

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.

Trademarks and Service Marks

The names, logos, characters, brands and product and services names appearing in the Services 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.

Plotagon® Intellectual Property

You acknowledge and agree that all content, design elements, and materials available in the Services, including without limitation, digital characters, environments, buildings, rooms, objects, animations, actions, music, sounds, tools, software, code, engines etc. (“Plotagon Content”) is 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 Services or Plotagon Content.

User Intellectual Property

By using the Services you may create certain content such as animated stories, 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 Software. 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 Services 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.

Plotagon License to User Intellectual Property

You agree that Plotagon® shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to the Services, 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 Guidelines

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®.

Protection of Third Party Rights

You shall be fully responsible for your User Content and represent that any content that you post through the Services (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights or other rights under applicable law, such as privacy rights etc. 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 any of your uploaded content (uploading of content is available for Plotagon Story users only) if Plotagon® believes it is infringing someone else’s Intellectual Property Rights or otherwise infringes applicable law. 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.

Representations and Warranties

To the maximum extent permitted by law, Plotagon® provides the Services on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the quality of any services, information, or other material purchased or obtained by you through Plotagon® will meet your expectations, and (v) any errors in the Services will be corrected.

Disclaimers and Limitations on Liability

To the fullest extent permitted by law, you assume full responsibility for the use of the Services and Plotagon® disclaims liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Services. Your sole remedy against us for dissatisfaction with Plotagon® is to stop using the Services. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

Plotagon® shall have no liability for your interactions with other users. Plotagon® takes no responsibility and assumes no liability for any User Content that you or any other users or third parties share when using the Services. 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 Services.

If, notwithstanding the other provisions of the Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, our liability shall not exceed what you paid us for the Services in the previous three months. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Take Down Notice Policy

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” including the information set out below:

  • A statement identifying in sufficient detail, the work or intellectual property that you claim has been infringed;
  • A statement identifying in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
  • Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.
  • The Take Down Notice should be submitted to Plotagon® at takedown@plotagon.com and/or by mail to the following address:

Plotagon Production AB
Wallingatan 18
114 46 Stockholm
Sweden

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.

Prohibited Conduct

Your continued access to the Services and license to use the Services is subject to proper conduct. You are strictly prohibited from: 1) Creating User Content with the Services 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 Services 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 Services; 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 that 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 Services; and 10) Using your own or third-party software to modify any content within the Services, or to bypass any part of the Services architecture to allow you to use the Services in ways other than those intended by Plotagon®.

Electronic Communications

When you use the Services, 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 Services 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.

Law and Jurisdiction

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the exclusive jurisdiction of the district court of Stockholm (Stockholms Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Services or the Terms of Use.

Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

If these Terms of Use are changed in any material respect (for example, for security, legal, or regulatory reasons) after you have signed up for the Services, we will notify you in advance by an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification. You will have no obligation to continue using the Software following any such notification, but if you do not terminate your account during such six (6) week period, your continued use of the Software after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Plotagon® may assign its rights under the Terms of Use without notice to you.

Last amended: May 23, 2018