Terms of Service

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Animoto's website or Animoto’s video creation services made available through authorized third party websites (“Animoto Services”). Animoto's website consists of its site located at the URL http://animoto.com, widget, and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Google OpenSocial, Google Play, Windows Store, and iPhone/iTunes App Store). Collectively herein, the Animoto Services and the Animoto website and applications will be referred to collectively as the "Site" or the “Services”.

You acknowledge and agree that, by (1) clicking the “I Agree” or similar button via an Entry Point Site to access the Services, or (2) downloading an Animoto application, widget or gadget, or (3) otherwise accessing or using the Services, you indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any application, widget or gadget from your hardware. “Entry Point Site” shall be any website which makes the Services available from such website.

If you downloaded the Animoto application, widget or gadget from a third party site (“Mobile App”), you are granted a limited, non-transferable license to use the Services on any appropriate device as permitted by such third party site. Your use of the Services is not only subject to this Agreement, but also any terms of service and/or rules of such third party site.

If you have downloaded the Mobile App from the Microsoft Windows Store, you are permitted to download and run the Mobile App on up to five (5) Windows 8 enabled devices that are associated with your Microsoft account.

You acknowledge that these Terms are between You and Animoto, and not with any third party from which you obtained the Services (for example, Apple, Google or Microsoft), and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof.

There are two general types of users of the Services, registered users that have registered with Animoto or who have registered with an authorized third party that provides access to Animoto Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's video.

The Registered Users may include (1) paid members, or users that have paid a per-use fee for using the Services ("Paid Users"), (3) users that have paid for access to Animoto Services through an authorized third party; and (3) free users ("Free Users").

You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.

This Terms of Service Agreement was last updated on May 31, 2012. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

The Services are owned and operated by Animoto Inc., a California Corporation with a place of business at 333 Kearny Street 6th Floor, San Francisco, CA 94108 USA. The Animoto Services provide Registered Users with the ability to have a video ("Animoto Video") automatically created by Animoto using uploaded photographs, graphics, or video clips ("Image Content") set to a selected or uploaded music track ("Musical Content").

You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and Animoto is not liable to you for any temporary interruption in Services.

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Animoto immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. Animoto reserves the right to anonymously track and report a user's activity inside of its Mobile App. If you are a Paid User, you agree to pay all per-use fees or fees associated with that subscription, as appropriate ("Fees").

Payment of Fees

Animoto may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

If, for any reason, your payment is not received by Animoto, your Paid User account will revert to a Free User account until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are nonrefundable.

If, for any reason, your payment is not received by Animoto, your Paid User account will revert to a Free User account until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are nonrefundable.

Conduct on Site

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content, Musical Content, and Animoto Videos created therefrom (collectively, "Submissions").

You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics, images, sounds, data, music, or other information — that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
  8. are to be used for a commercial purpose of any kind.

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Animoto arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Linking Conditions

You may not link to the Site unless you comply with these linking conditions.

Your ability to share your Animoto Video may depend on whether you obtained access to Animoto Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. You may share your Animoto Videos hosted on the Site by using Animoto's video player code to play your video in your own personal Site or web page. You may also share your Animoto video by downloading it to a storage device, personal computer, or mobile device. The Animoto Videos may only be used for personal, non-commercial, uses. You agree that you will not modify the video player code in any way, nor will you modify the display of your Animoto Video.

You may also share your Animoto Videos hosted on the Site by emailing or otherwise sharing the link associated with your Animoto Video.

Your right to link to the Animoto Site is expressly conditioned upon your compliance with the following restrictions:

  1. The link must either resolve to the homepage, " animoto.com," or to the link associated with a User Video.
  2. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Animoto or any other third party.
  3. The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.
  4. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Animoto; and
  5. The link and surrounding materials must not portray Animoto, Animoto Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

Third Party Sites and Information

Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.

Intellectual Property

  1. Animoto's Intellectual Property Rights. Animoto is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.

    Animoto's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Animoto, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Animoto.

    Animoto's software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.

  2. Others' Intellectual Property Rights. Animoto deeply respects the third party intellectual property rights that may be implicated in creating an Animoto Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

    In creating an Animoto Video using Animoto's proprietary software, you will be able to use your own Image Content such as photos, graphics, text, or video segments. You will be able to either upload your own Musical Content, or select Musical Content available from Animoto. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.

    Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Animoto Video. For example, professionally-taken photographs should not be used in an Animoto Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Animoto Video unless you have received a license to do so from the owner of the copyright.

    Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Animoto Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

    Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Animoto Video. If you are unsure whether you have the necessary rights to use music in an Animoto Video, we encourage you to choose Musical Content available through Animoto. You agree that you will not alter or modify the fundamental character of any music available through Animoto or third party sites linked to by our Site.

    You may want to search for Musical Content or Image Content through the Creative Commons.

    You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as contemplated by the Site and grant Animoto the rights described herein. Use of the site is limited to personal, non-commercial purposes only.

    You hereby grant to Animoto a royalty-free, perpetual license to use, copy, create, modify, display and host your Animoto Video, Image Content, and Musical Content solely to the extent necessary for Animoto to provide the Services as described herein.

    All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

  3. Open Source Licenses. The Mobile App available from Provider uses open source software that is distributed to you in executable form if you download the Animoto application. A list of the open source software, and link to the applicable open source terms, which are contained within the Mobile App can be found at

    http://static.animoto.com/iphone/license.html

    You understand and acknowledge that each open source license is a separate agreement between You and the copyright holder of such open source software, and Animoto is not a party to any such open source license. Your use of the Animoto application must comply with terms of the applicable open source licenses.

  4. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Animoto designates the following individual as its agent for receipt of notifications of claimed infringement:

    By Mail:

    Animoto Inc.
    c/o Laura Lee Norris, Attorney at Law
    Attn: DMCA Claims
    101 Church Street, Suite 17
    Los Gatos, CA 95030
    By Email: laura@corporate-gc.com

    To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

    You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

    If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the Animoto may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.

    Animoto, and not Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or an Animoto Video.

Repeat Infringers

Your account will be terminated if, at Animoto's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Purchase of Products

Animoto may, from time to time, provide the ability for its users to place an order ("Order") for products relating to Animoto Videos, such as a DVD ("Products"). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.

All prices are in U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.

Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. When you place an Order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged at the time of shipment.

Any Products you Order are for your own personal use and enjoyment, and may not be distributed for commercial purposes or resold.

Limited Warranty for Products

Animoto provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by Animoto shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.

Note that this limited warranty does not in any way cover your dissatisfaction with the quality of the Animoto Video arising from or relating to the content uses to create the Animoto Video.

Warranty Claims

Products which do not conform to Animoto's limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exclusive remedy for any breach of such warranty.

If you would like to make a warranty claim for a replacement product, send an email to customercare@animoto.com

You will receive a response email with instructions on processing your warranty claim.

Disclaimer of Warranties

ALL ANIMOTO SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ANIMOTO, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," ANIMOTO EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third party Providers have no warranty obligation to You whatsoever. To the extent that Animoto has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, Animoto, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the Animoto Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the Animoto Services.

Limitation of Liability

EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND ANIMOTO'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE ANIMOTO SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID ANIMOTO, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).

IN NO EVENT SHALL ANIMOTO OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. ANIMOTO SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Animoto, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Animoto’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Animoto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Animoto in asserting any available defenses.

Use of Site and Storage of Material

Upon registering with Animoto, you will be assigned one (1) user account. You are limited to one account per person. Animoto limits the maximum amount of disk space per account for storing Animoto Videos and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

You acknowledge that we reserve the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.

Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates

International Use

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Termination of Use

We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.

Referral Program

Animoto may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to Animoto. Animoto reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of Animoto, and are not authorized to make any commitment on behalf of Animoto. Animoto is not responsible for the conduct of Referrers, and Referrers agree to hold Animoto harmless from and against any claims arising from Referrer's conduct.

Referrals to the Site are subject to the Linking Conditions set forth herein above. In addition, Referrers may only refer to the Site using the items provided by Animoto for such purpose ("Animoto Referral Assets"). Referrers may not alter or modify the Animoto Referral Assets in any way.

Referrer's participation in any Animoto referral program is expressly conditioned upon Referrer's agreement and compliance with the following:

  1. Referrer may not place Animoto Referral Assets in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chat rooms, or guest books. Referrer may only place Animoto Referral Assets on Referrer's Site as specified by Referrer and approved by Animoto upon application to the referral program.
  2. Referrer represents and warrants that (i) it will not mislead Users in any way, (ii) it shall not cause any transactions to be made that are not bona fide transactions initiated by User, including, but not limited to, using any device, program, robot, Iframes, or hidden frames.
  3. Referrer understands that it will not earn any incentive where Referrer or Referrer's owner, employee, agent, contractor, affiliate, or partner is a User. Furthermore, Referrer may not earn any incentive, at Animoto's discretion, for multiple transactions from the same individual, entity or IP address.
  4. Referrer represents and warrants that none of its promotional activities will infringe the proprietary rights of Animoto nor third parties, Referrer will at all times during its participation in the referral program, comply with all applicable laws, rules, and regulations.
  5. Referrer represents and warrants that all promotional means used by it will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities).
  6. Referrer represents and warrants it will: (i) use ethical and legal business practices, (ii) comply with these Terms of Service, and (iii) maintain an industry standard privacy policy on Referrer's Site in compliance with all applicable laws, rules or regulations.
  7. Referrer represents and warrants that it will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with any laws and/ or regulations that govern email marketing and/or communications.
  8. Referrer represents and warrants that it will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Referrer's Site content /site visit or by downloadable software applications for which Referrer is the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results.
  9. Referrer represents and warrants that it will not collect personally identifiable information of Users that would allow Animoto to personally identify Users.
  10. Referrer agrees to indemnify, defend, and hold harmless Animoto and its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made or alleged by any third party due to or arising out of Referrer's Site or Referrer's breach of its warranties and representations hereunder.

Any failure to comply with the above or using unapproved methods of referring third parties to the Site, including without limitation delivering the Animoto Site content in a framed environment, is a violation of this Terms of Service, will not result in a credit or incentive to Referrer, and may result in a termination or suspension of Referrer's Animoto account at Animoto's discretion.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.

Notices

All notices to a User or to Animoto shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at contact@animoto.com, iif by email, or at Animoto, Inc., 333 Kearny Street, San Francisco, CA 94108 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Animoto.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Miscellaneous

You agree that this Agreement may be assigned by Animoto, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.