Commercial License Agreement
1. Initial provisions
Plotagon Production AB (“Licensor”) has developed the Software, a downloadable application with which a user may create animated characters, stories, and movies. Because you (“Licensee”) would like to enable one named User (defined term) to use the Software, the Parties have entered into this Agreement.
The following terms used in this Agreement have the following meanings: “Agreement” means this agreement and any duly agreed amendments.
“Business Day” means a day on which banks are open for business in Sweden (excluding Saturdays, Sundays and public holidays).
“Confidential Information” means the content of this Agreement and any technical information, financial information, trade secrets, customer lists and other information that a Party receives or obtains (orally, in writing or in any other form) as a result of entering into or performing its obligations under this Agreement or that otherwise relates to a Party.
“Content” means all scenes and characters available to the User, including any new scenes and characters that Licensor makes available to the User during the Term. Content may be digital animations, characters, environments, scenes and other types of digital interaction between digital characters.
“Effective Date” means the date the Agreement is accepted by the Licensee.
“First Line Support” means basic technical support provided in English or Swedish by Licensor’s support staff to the User via email during normal office hours (09.00 – 17.00 Central European Time) during Business Days.
“IPR” means Plotagon’s Intellectual Property Rights, including the Software and thereto connected systems, software, Content and services developed and owned by the Licensor, including all of the Licensor’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information as well as the metadata created or commissioned by Licensor that describes that Software).
“License” means the Licensee’s right to use the Software and Content, as described in section 3 Grant of License.
“License Fee” means the annual fee stated on the Licensor’s website when the Agreement is accepted by the Licensee, or otherwise agreed between the Parties. VAT, if any, is not included in the License Fee.
“Licensee” means the Party that is granted a License by accepting this Agreement, with address as provided when purchasing the License.
“Licensor” means Plotagon Production AB, reg. no 556935-3237, a limited liability company incorporated under the laws of Sweden, with registered address at Grev Turegatan 9, SE-114 46, Stockholm, Sweden, and having (for the purpose of this Agreement) the email address email@example.com.
“Movies” means an animated video that a User creates as the result of using the Software. “Party/Parties” means the Licensor and the Licensee.
“Software” means the suite of Plotagon software applications including Plotagon Studio, Plotagon Education, Plotagon Story, and any new editions thereof.
“Term” means the period for which this Agreement is valid, including any extensions, pursuant to section 12.
“Territory” means worldwide.
“User” means employees or consultants working for the Licensee who are authorized to use the Software.
3. Grant of License
Subject to the terms and conditions of this Agreement, including full payment of the License Fee, the Licensor grants to the Licensee the non-exclusive, non-transferable, non-sublicensable right to let one named User download, install and use the Software for creating Movies in the Territory. Unless otherwise agreed by the Parties, the Licensee may not display or perform any Movie (in whole or in part), via any broadcast, cable, satellite television or subscription-based or pay-per-download over-the-top (OTT) platforms.
4. Delivery of Software
4.1. The Licensee will provide the name of the User and its email address, and the Licensor will then send an email with instructions on how to download the Software. The email will also include a username and a password, which are necessary for the User to access the downloaded and installed Software. The username and password is personal for the User. If the Licensee would like to replace the User with another User the Licensee shall provide the Licensor with the name and email address of the new User, where after the Licensor will provide a username and a password for the new User. After such transfer, the username and password for the previous User are no longer valid.
4.2. The Software is used offline, but an internet connection might be necessary to download new features and to verify the password when accessing the Software.
The Licensor provides First Line Support to the Licensee for the latest edition of the Software. The Licensor shall use commercially reasonable efforts to provide First Line Support as soon as reasonably possible. The Licensee shall provide such access, information and support as the Licensor may reasonably require in the process of supplying First Line Support.
6.1. The Licensee shall pay to the Licensor, or other party assigned by the Licensor, the License Fee.
6.2. The License Fee is payable at the when the Licensee orders the Software, unless otherwise agreed between the Parties.
7. The Licensor’s Obligation
7.1. The Software is provided on an “as is” basis and the Licensor makes no warranties in regard of compatibility, suitability for a certain purpose or that the Software will be continuous, uninterrupted, secure or error-free.
7.2. The Licensor possesses all rights necessary to grant the rights under the Agreement.
7.3. The Licensor shall indemnify and hold Licensee harmless from and against all loss, liability and expense (including reasonable attorney’s fees) suffered or incurred by Licensee by reason of any material breach of this section 7, however limited to the total License Fees paid by the Licensee during the calendar year during which the breach took place.
8. The Licensee’s Obligation
8.1. The Licensee may not:
8.1.1. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which the Licensee is located;
8.1.2. rent, lease, sell, assign or otherwise transfer rights in or to the Software or related documentation;
8.1.3. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Software;
8.1.4. use, nor store, nor integrate the Software to create any Movies, characters, content or material that is illegal, obscene, libellous, scandalous, defamatory, indecent, objectionable, or otherwise violates any rights of privacy and publicity or any other applicable laws, or that infringes on the copyright, trademark, or other intellectual property rights of Licensor or any third party, nor use any Movies, characters, content or other material created by the Software in any way described in this section;
8.1.5. send, transmit or store in the Software viruses, trojans, malware, spyware, or other harmful or malicious code, interfere with or disrupt the provision of the Software or the data therein, or try to access the Software or related systems in a way contrary to the Agreement;
8.1.6. allow access to the Software to anyone other than the User, including sharing User logins with other employees or contractors without Licensor’s written consent.
8.3. The Licensee is responsible for any breach and infringement made by any User or any other third party which has been given access to the Software by the Licensee.
8.4. The Licensee has the full and unencumbered right, power and authority to enter into this Agreement.
8.5. The Licensee shall indemnify and hold the Licensor harmless from and against all loss, liability and expense (including reasonable attorney’s fees) suffered or incurred by Licensor by reason of any breach of this section 8.
9. Intellectual Property
9.1. The respective Party shall, during and after the Term remain the owner of its intellectual property right, such as copyrights, industrial design rights, trademarks and other registered or non-registered trademarks or other rights. This Agreement shall not be interpreted in such a way that some of these rights are partly or wholly transferred to the other Party, if this is not expressly indicated in this Agreement.
9.2. For the avoidance of doubt, Licensor retains all ownership rights, title and interest in the Software, Content and IPR, including but not limited to trademarks and all patents, copyrights, trade secrets and other proprietary rights in or related to the Software, Content and IPR. Notwithstanding the above, the rights to any Content commissioned by, or custom-developed for the Licensee shall be retained as agreed and negotiated by the Parties.
9.3. The rights to scripts, recorded voices, and other content provided by the Licensee are hereby retained by the Licensee.
9.4. The Licensor is co-author to all Movies and does not object to the Licensee’s use of the Movies in accordance with this Agreement. If the Licensor assesses that the Licensee is using Movies in breach of this Agreement the Licensee shall, upon request from the Licensor, delete such Movies.
10. Limitation of Liability
10.1. Except for breach of the regulations concerning The Licensor’s Obligation (section 7), The Licensee’s Obligation (section 8), Intellectual Property (section 9) or Confidentiality (section 13), the following limitation of liability shall apply:
10.1.1. Each Party’s aggregate liability is limited to the equivalent of the total License Fees paid by the Licensee during the calendar year during which the claim arose, but shall in no event exceed Ten Thousand Euros (€10 000).
10.1.2. The limitation of liability shall not apply for acts or omissions of gross negligence or wilful misconduct.
10.1.3. Neither Party shall be liable for any indirect or consequential damages. Each Party has been advised of the possibility of such loss or damages. This section 10 shall survive termination of this Agreement.
11.1. The Licensor shall have the right, upon ten (10) Business Days’ prior written notice, to verify the User of the Software, provided said audit occurs no more than once per calendar year and is during normal business hours.
11.2. The cost of any such audit shall be borne in equal parts by the Parties, provided, however, that in the event such audit reveals misuse, then the Licensee shall bear the expense of the audit and compensate the Licensor for such misuse.
12. Term and termination
12.1. This Agreement enters into force on the Effective Date and is valid for twelve (12) months.
12.2. The Agreement can be extended for a period of twelve (12) months at a time, if the Licensee pays a new License Fee before the expiry of this Agreement. If Licensor in its sole discretion determines to amend any of the terms set out in this Agreement prior to the expiry of said twelve (12) month period, Licensee will have to renew its acceptance to the updated terms in order for the Agreement to be extended. The size of the License Fee shall be subject to Licensor’s sole discretion unless otherwise agreed in writing by the Parties.
12.3. Subject to the provisions of section 16 (Force majeure), a Party is entitled to terminate this Agreement with immediate effect should
(a) a proceeding in bankruptcy, insolvency or other law of the relief of debtors, including the appointment of any receiver or trustee or assignment for the benefit of creditors, be instituted by or against the other Party; or
(b) the other Party commit a material breach of its obligations pursuant to this Agreement that, if possible to remedy, are not remedied within ten (10) Business Days of notification of such breach by the non- defaulting Party.
12.4. A Party’s notice of immediate termination in accordance with section 12.3 must be given without undue delay from when such Party became aware of the circumstance giving rise to such notice.
12.5. Termination of this Agreement will be without prejudice to any rights and obligations of either Party against the other which may have accrued up to the date of such termination.
12.6. Sections 13 (Confidentiality) and 17 (Governing law and jurisdiction) will survive termination of this Agreement.
13.1. Save for the other Party’s prior written consent, each Party hereby undertakes not to directly or indirectly exploit or reveal to a third party any information about this Agreement or Confidential Information that a Party has received as a result of or pursuant to this Agreement.
13.2. The Parties’ undertaking above does however not apply to:
(a) disclosure of information due to a court judgment or decision by any authority;
(b) disclosure necessitated by applicable laws, stock exchange contract or similar binding rules;
(c) information which a Party can prove was in its possession before the Party received it from the other Party; or
(d) information that, at the time of disclosure, is generally available to or known by the public other than as a result of its disclosure in breach of this Agreement.
13.3. A breach of this section 13 shall be considered a material breach of this Agreement in accordance with section 12.3(b).
14.1. Any notices and other communication to be made under or in connection with this Agreement must be in writing in the English language, and must be sent by courier, registered or certified mail or email and be addressed to the other Party as set forth in section 2 or to such other addresses as a Party may notify the other Party in accordance with this section by not less than five (5) Business Days’ notice.
14.2. A notice shall be effective upon receipt and shall be deemed to have been received:
a) at the time of delivery, if delivered by hand;
b) two (2) Business Days from the time of posting, if sent by registered or certified mail, return or delivery receipt requested, postage prepaid; or
c) if by way of electronic mail, at the time of transmission, if receipt is confirmed.
Neither Party may assign, transfer or pledge or otherwise dispose of or grant any security interest in or over any of its rights or obligations under this Agreement without the prior written consent of the other Party, not to be unduly withheld, with the exception that the Licensor may assign its rights if the majority of its assets are acquired by a third party.
16. Force majeure
16.1. A Party shall be relieved from liability for a failure to perform its obligations under this Agreement during such period, and to the extent that the due performance thereof by the Party is prevented by reason of any circumstance beyond the control of the Party, which could not reasonably have been foreseen or taken into consideration by the Party prior to entering into this Agreement as well as for which the effects thereof could not reasonably have been avoided or mitigated by such Party.
16.2. If relief from liability is provided in accordance with the above, this stipulates an extension of time regarding performance and relief from damages and other remedies. If a Party wishes to invoke a circumstance in accordance with this section, it shall give notice to the other Party when there is a risk for failure or delay to perform an obligation under this Agreement. The time for performance of the relevant obligations of a Party shall be appropriately extended by the period during which the circumstance shall have continued, provided, however, that if performance of a contractual obligation is prevented by such a circumstance for a period of three (3) months or more, each Party shall be entitled to terminate this Agreement.
17. Governing law and jurisdiction
17.1. This Agreement is governed by and construed in accordance with Swedish law.
17.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
17.3. The seat of arbitration shall be Stockholm, Sweden, and the language to be used in the arbitral proceedings shall be English, unless otherwise agreed between the disputing parties.
17.4. The Parties agree not to disclose any information obtained in connection with the arbitration proceedings (including all communications, decisions and rulings in the arbitration proceedings) to any third party unless the other Party has given its written consent to disclose such information or if required to do so by law or other binding regulations.
Last amended: 29 May 2018
Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
The personal data we collect
Depending on how you use the Services and what plan you sign up for, you may be required to provide certain personal data from various sources:
Information that you provide voluntarily
- Profile Information: When you register a Plotagon® account, you will need to provide your email address, a username (which may be your real name or a pseudonym), your age and choose a password. In addition, if you purchase a premium subscription (Plotagon® Education or Plotagon® Studio), you will need to provide your real name, billing address and payment verification information.
- Payment information: If you pay for your use of the Services and/or additional content you will be asked to provide certain personal data so that we can complete your purchase. In order to do so we collect your name, phone number (optional), email address, delivery/shipping address, and payment information.
- Optional Data: When setting up your user profile in Plotagon® you may, depending on the service you are using, choose to provide us with additional personal data such as:
o your real name
o a profile picture
o profile description
None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time by altering your profile information. All such voluntary information is hereinafter referred to as ”Optional Data”.
- Information provided when communicating with us: You may provide us with certain personal data if you choose to contact us by email, use any of the web forms on the Website, or contact us by mail or other offline means.
- Survey Information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
Voluntary information provided by teachers and school administrators as part of Plotagon® Education
- Students: If you are a student using Plotagon® Education as part of your school’s educational plan we will only store the email address and password that your teacher/school administrator provides us with when setting up your account.
Automatically collected information
There is certain information that we collect automatically as the result of your use of the Services. We may, for example, collect information about the type of device you use to access the Services, the operating system and version, your Internet Protocol (IP) address, your general geographic location, as indicated by your IP address, your browser type, the webpages you view on our websites, whether you interact with content available on our website and how as well as information collected through cookies and similar technology, as described in the section Cookies and Logs below.
We may also collect metadata associated with your use of the Software, which may include content creation date, formatting information; location information such as country, region and city (geotags).
Information received from other sources
How we use your personal data
Plotagon® uses personal data to provide you with the Services, which includes using data to improve and personalize your experience. We also use the data to communicate with you, for example, to inform you about new software and security updates.
In short, Plotagon® uses personal data for the following general purposes:
o Providing the Services
o Providing customer support
o Software/service improvements
o Business Operations
o Communication, Marketing and Advertising
o Security, Safety, and Dispute Handling
Providing the Services
We use personal data to provide, operate, support and improve the Services we offer to ensure that our customers can create stories and other content as seamlessly as possible. Your personal data will also be used in order for you to communicate with other Plotagon® users and to identify you as the creator of the animated stories that you share, the comments that you post and/or the other contributions that you make when using the Services. This processing is necessary for the performance of the agreement we have with you.
Providing customer support
We use personal data to respond to customer enquiries, provide customer care and support services. Such support includes but is not limited to technical support. This processing is necessary for the performance of the agreement we have with you, as well as to serve our legitimate interest.
We continually use personal data for research purposes and to develop and improve the Services, including maintaining and improving the performance of the Software and the Website as well as developing and adding new features or capabilities. This processing is necessary to serve our legitimate interest.
We use personal data to aggregate business information that enables us to operate, protect, make informed decisions, and report on the performance of our business. This processing is necessary to serve our legitimate interest.
Communication, Marketing and Advertising
We use the personal data we collect to deliver and personalise our communications with you. For example, we may contact you by email or other means of electronic communication to inform you about new features or services, security or software updates, invite you to take part in a survey. This processing is necessary to serve our legitimate interest.
In addition, we may disclose personal data when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Plotagons rights or property, other Website or Application users or anyone else that could be harmed by such activities. This processing is necessary to serve our legitimate interest.
Special note for Plotagon® Education users
If you are a student using Plotagon® Education, please note that your name and email address will only be shared amongst teachers/administrators of the same group.
Our legal basis for processing personal data
Plotagon® uses the following legal grounds to ensure lawful processing of your personal data:
Performance of a contract
The use of your personal data described in this policy is generally necessary in order to perform the agreement you have with us. Amongst others this means that we may need to process your personal data to give you access to the Services, to register and maintain your account, to enable payment services, to help with support issues and to make sure that the Services perform as intended or to respond to your requests.
We may use your personal data for our legitimate interests. For example, we rely on our legitimate interest to analyse and improve the Services and related content, to send you notifications about software updates or information about improvements of the Services or to use your personal data for administrative, fraud detection or legal purposes.
How we may share your personal data
We do not sell or share any personal data about you to or with any person or organization except (a) as authorized by you (e.g. in relation to user generated content), (b) as set forth in the relevant portion of the Services or in any agreement between us, (c) in connection with providing various products or Services to you, either directly or through one or more third parties (such as cloud based storage partners and payment partners), (d) as may be required by law or court order, or (e) as otherwise set forth herein.
We may aggregate your personal data with similar data relating to other users of the Services in order to create statistical information regarding the Services and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually.
In the context of a business transfer:
We may share your personal data in the event of a corporate reorganization (e.g. all or substantially all of the assets) relating to Plotagon® are transferred or sold to another entity.
To protect legitimate interests:
We may disclose your personal data if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Services.
For how long we store your personal data
We will send you a reminder by email if you have not accessed your Plotagon® account during a two (2) year period. If you have not accessed your account within ninety (90) days after receiving such notification, your account and related personal data will be permanently deleted, unless we are legally required to retain the information for a longer period of time.
If you have a question about a specific retention period for certain types of personal data we hold about you, please send an email to firstname.lastname@example.org.
International transfers of personal data
The personal data that we collect about you may be processed (and stored) in the region where you reside, for example in the EU or in any other country where Plotagon® or its affiliates, subsidiaries or service providers are located or maintain facilities. Before transferring personal data outside of the EU/EEA, Plotagon® will ensure adequate mechanisms to protect personal data when it is transferred internationally, for example by using the Standard Contractual Clauses as approved by the European Commission.
Cookies and Logs
Your rights to your personal data
We do our best to give you as much choice as possible regarding the amount of personal data you provide to us, and the control you have over that information.
You can do this in the following ways:
o By asking for a copy of the personal data we hold about you;
o By informing us of any changes to your personal data, or letting us know if you wish to correct any of the personal data we hold about you;
o In certain situations, you can ask us to erase, block or restrict the personal data we hold about you, or object to particular ways in which we are using your personal data; and
o In certain situations, you can also ask us to send the personal data you have given us to a third party.
Where we process your personal data based on legitimate interest, you have the right to object at any time to that use of your personal data.
We rely on you to ensure that your personal data is complete, accurate and up to date. Most of the personal data you provide to us can be accessed, removed and/or updated by logging in to your Plotagon® account in the sServices. You can also inform us of any changes to or faults in your personal data by contacting email@example.com.
If you ask us to delete your account (either via the Settings page in the Services or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.
Plotagon® is always committed to handle any request, complaint or concern that you may have about our use of your personal data in a lawful, fair and transparent way. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to file a complaint with the data protection authority (if any) or supervisory authority in your country of residence.
Security and data breaches
We use appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. Your personal data is stored in a secure manner on protected equipment. For example your data is protected with encryption, such as Transport Layer Security (TLS), during transition over the Internet. Only a limited number of personnel have access to our equipment and only persons with a legitimate reason have access to your personal data. Unfortunately, the transmission of your personal data via the internet is not completely secure. While we will endeavour (through the use of appropriate security measures) to protect your personal data, we cannot guarantee the security of such data when it is transmitted to us via the internet. We also ensure that our third-party data centre vendors provide adequate security measures.
Specific requirements for children residing in the United States
Please note that the following Section only applies to users in the United States.
You acknowledge that the Services are not intended for use if you are under thirteen (13) years of age unless you are using our educational software Plotagon® Education and have been given access thereto as part of your school’s educational plan. If you are under thirteen years (13) of age and are using Plotagon® Education in the United States, you shall further ensure that the consent of your parents or legal guardians has been obtained by your school as described below, in compliance with the Children’s Online Privacy Protection Act (“COPPA”).
Plotagon is required under COPPA, with limited exceptions, to obtain verifiable parental consent in order to collect, use, or disclose personal data from you, if you are under 13 years of age (a “Child”). COPPA allows your school to obtain consent for the online collection of personal data from you and other children who are students at your school. If you are a Child who wants to use our Educational Plan, you must first obtain an account from your school.
We provide parents/legal guardians the following choices with respect to the collection, use, retention and disclosure of personal data. A Child’s registration information is always accessible to him/her. A parent/legal guardian has the right to review his/her Child’s personal data, which the parent can obtain by contacting his/her Child’s school. After reviewing the Child’s personal data, the parent/legal guardian may ask us to update or delete the Child’s personal data by requesting such changes through the Child’s school.
If a parent/legal guardian chooses to prohibit any future collection, use or disclosure of the Child’s personal data, the parent/legal guardian may do so by terminating the Child’s account through the school, and requesting the deletion of the Child’s personal data through the school. Upon receiving such request from the Child’s school, we will delete the Child’s account information from our live databases and all the information and data stored for such account. Plotagon® will not have any liability whatsoever for any termination of the account or related deletion of the Child’s personal data. When we delete personal data, it will be deleted from our active databases but may remain in our archives.
Our policy on student data
Please note that the following Section only applies to users in the United States.
We acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”) primarily applies to schools that receive funding from the U.S. Department of Education and that Plotagon® will be indirectly affected by the FERPA regulatory framework when providing services to educational institutions in the US.
As required of such schools under FERPA, as an administrator or teacher under an Educational Plan, You agree that You have obtained valid student and parental consent to disclose personally identifiable information to us.
Plotagon® makes the following commitments to schools regulated by FERPA: Plotagon® will protect the confidentiality of any student data and/or personally identifiable information provided to us or any of our representatives. We further acknowledge that we will review and comply with all information security programs, plans, guidelines, standards and policies that apply to our work as a result of the FERPA regulatory framework and will implement and maintain any other reasonable and appropriate security procedures and practices necessary to protect personal data and/or student information from unauthorized access, destruction, use, modification, disclosure or loss.
Plotagon® specifically agrees with schools regulated by FERPA to:
- use personable identifiable student data for no purpose other than in connection with providing the Services for a legitimate and educational interest;
- use reasonable methods, consistent with reasonable industry standards to protect student data from re-disclosure and not to share the student data received under this Agreement with any other entity without the prior written approval of the school responsible under FERPA;
- not to copy reproduce or transmit student data except as necessary to provide the Services in furtherance of a legitimate and educational interest;
- notify the Chief Information Officer for the school responsible under FERPA without undue delay that it has experienced a data breach, breach of security or unauthorized acquisition or use of student data;
- to maintain sufficient backup copies of data files in case of customer system failure or any other unseen event resulting in loss of student data;
- to, upon request of the school responsible under FERPA, promptly provide the school responsible under FERPA with any specified portion of the student data; and
- to, upon request of the school responsible under FERPA, promptly return and/or erase applicable portions of the student data.
Last amended: May 23, 2018
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).
Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
The Services we provide
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.
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.
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.
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.
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.
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
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.
Links to Other Websites
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.
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.
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 firstname.lastname@example.org and/or by mail to the following address:
Plotagon Production AB
Grev Turegatan 9, 2tr
114 46 Stockholm
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 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®.
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
Last amended: May 23, 2018