TERMS AND CONDITIONS OF USE
Use of the Service
- If you subscribe to the Platform on behalf of a business, you represent to Moovly that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. You further agree that Moovly may use the name and logo of that business on Moovly’s website and other promotional material as a customer of the Platform.
- As long as you comply with this Agreement, Moovly grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Platform as it is intended to be used and in accordance with this Agreement and applicable law. Moovly grants you no other rights, implied or otherwise.
- You may not use the Platform to disseminate any unlawful or other objectionable material, or to harm others or the Platform itself. For example, you must not: (i) use the Platform to harm, threaten, or harass another person, organization, or Moovly; (ii) damage, disable, overburden, or impair the Platform; (iii) resell or redistribute any part of the Platform or access to the Platform, including the sale or purchase of an Account and/or Credits; (iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Platform; (v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by Moovly, or meta-searching) to access or use the Platform, or to copy or scrape data from the Platform; or (vi) obtain (or try to obtain) any data or content from the Platform, except the data or content that we intend to make available to you.
- By using the Platform, you grant Moovly a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, adapt, publish, translate and distribute all material (including without limitation text, images, audio, sound effects, video material, animations and other audio-visual material, hereafter referred to as the “User Content”) you upload or post to the Platform or create on/with the Platform. This includes but is not limited to any proprietary, patented, copyrighted or otherwise confidential User Content, in any existing or future media.
- You may not upload or post to the Platform or otherwise use in any way in connection with your use of the Platform User Content which includes any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Platform are the exclusive property of their respective owners, and may not be used without the owner’s permission.
- Moovly does not claim ownership of the User Content. Although Moovly reserves the right to edit or remove any User Content you upload, post to or create with the Platform, we do not control or verify the User Content that you upload, post to or create with the Platform, nor do we undertake to monitor the User Content uploaded, posted to or created with the Platform.
- You control who may access your User Content. When you give others access to your User Content on the Platform using its built-in sharing options, you grant them free, non-exclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public such User Content solely in connection with the Platform. If the User Content includes a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Platform to share your User Content.
- Moovly may need, and you hereby grant to Moovly the right, to use, modify, adapt, convert, store, reproduce, distribute, publish and display any User Content posted on or created with the Platform. These rights apply solely to the extent necessary for the operation of the Platform.
- You are responsible for backing up the User Content that you store on the Platform. We may permanently delete your User Content from the Platform if your access to the Platform is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Platform has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
- The quantity and nature of the Products and/or Professional Services offered may vary in time: Moovly reserves the right to add and withdraw Products and/or Professional Services. You may use the Marketplace to browse, locate, download, or purchase Products and/or Professional Services. Some of these Products and/or Professional Services may be offered by Moovly while others may be made available by other parties not affiliated with Moovly (collectively, the “Third Party Sellers”). Some Products and/or Professional Services may be made available to you at no charge, while other Products and/or Professional Services may be purchased, for Moovly Credits or other means of payment.
- You agree that Moovly is not responsible for any Product or Professional Service that originates from a source other than Moovly. All matters concerning the Products or Professional Services offered by Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any Products or Professional Services by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Licenses, Subscriptions and Payment
- Some functionalities and features of the Platform may be made available to you at no charge, while other features may be purchased (including but not limited to licenses, subscriptions, premium library items, etc.). Such functionalities and features are hereafter collectively referred to as “Services”. If there is a charge associated with the use of Services, you agree to pay that charge. We may suspend or cancel your access to the Platform if we do not receive such payment on time. Suspension or cancellation of your access to the Platform for non-payment could result in a loss of access to and use of your Account, as well as loss of User Content stored on the Platform.
- To pay the charges for Services delivered through the Platform, you will be asked to provide a valid payment method at the time you sign up for such Services. You can access and change your billing account information and payment method via your Settings or Profile. You agree to keep your billing account information current at all times.
- By providing Moovly with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Moovly to charge you for the Services using your payment method; and (iii) authorize Moovly to charge you for the Services. We may bill you (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
- If your chosen payment method is Paypal, your first payment will be a Paypal reference transaction, which may be used as a basis for subsequent Paypal transactions. You are able to stop this via your Paypal account or via Moovly at any chosen time.
- When you agree to subscribe to Services on a recurring basis, you will be requested to agree with an automatic renewal of the subscription. Once we have informed you that such Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal. If you cancel your recurring payment option, your account and subscription will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund. When you cancel a paid subscription or when your free trial period has expired, your account will be frozen and access to your account will only be possible upon starting a new subscription. For accounts that have been frozen longer than 3 months after cancellation of the subscription, Moovly will remove all User Content you uploaded or created.
- We will provide you with an online billing statement in your personal Settings or Profile, where you can view and print your statements. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Moovly has identified a billing error, we will correct that error within 90 days.
- When you request Services from us, you agree that we may begin to provide Services immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Services (whether these are transactions or subscriptions) is non-refundable.
- Moovly may change the price of the Services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for the term. Depending on your country of residence and your status (business or private person), local country taxes such as VAT (value added tax) may be applied/added to the amounts you have to pay. “Lifetime” pricing, when available, is a limited and temporary offer for a fixed price subscription rate for as long as the subscription runs without interruption and for as long as the related Services are available and supported. Moovly may stop issuing Lifetime subscription price rates at any time. While Moovly anticipates that the Services you purchased will remain available and supported, potentially for many years to come, Moovly makes no warranties as to the expected lifetime of its Services, and in purchasing Moovly Services, you acknowledge and agree that the Moovly Services could change or terminate in the future. Any Lifetime subscription pricing will not apply anymore if the subscription account is terminated for any duration of time due to cancellation, non-payment, upgrade or downgrade, or otherwise.
- You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
- If Moovly owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous over payment.
- Moovly Credits are points you can acquire (“Credits”) and redeem for certain Products, Services or Professional Services. If you have earned or purchased Credits, you can see how many Credits you have by checking your Credits balance in your personal Settings (login required).
- Depending on the campaigns and options made available by Moovly, Credits can be purchased or earned. Credits can only be used on or within the Moovly Platform and have no monetary value. You may not exchange Credits for cash or money. Credits are not your personal property. Your only recourse for using Credits is to obtain the Products, Services or Professional Services, depending on the offering that Moovly makes available at any given time. Unused Credits are not refundable.
- Unused Credits expire after a time period of 12 months, or when your Account is cancelled, whichever is earlier. We may cancel, suspend, or otherwise limit your access to your Credits if we suspect fraudulent, abusive, or unlawful activity. When we cancel, suspend, or otherwise limit access to your Credits, your right to use your Credits immediately ceases.
- You must ensure that we properly post your Credits to your Credits balance. If you believe that you have validly acquired Credits that we have not posted to your Credits balance, subject to applicable laws, we will not post these Credits unless you contact us within 12 months after the date you claim to have acquired those Credits. We may require reasonable documentation to support your claim.
Intellectual Property Rights
- Moovly owns and retains all proprietary rights to the Platform and all associated copyrights, trademarks, brands, service marks, patents, Moovly object libraries, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Platform are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
- By agreeing to use the Platform you agree to receive newsletters, alerts, promotional and other emails from Moovly. You may unsubscribe from these mailing lists as required by law via the Platform.
- The “Gallery” is a public gallery available to you for publishing finished User Content to share with others. Any content you publish to the Gallery will be visible to others and can be embedded by other websites. Moovly reserves the right to highlight, curate or embed your published content on other website locations, use your published content as reference or example and inform other users about its presence and location.
- By publishing your content to the Gallery, you confirm that you possess the Intellectual Property Rights of all uploaded media (images, sounds, video objects) used in your User Content. Moovly has the right to remove your published content from the Gallery in case of copyright infringement or any other violation of the Terms & Conditions. Moovly also reserves the right to remove any incomplete, empty or inappropriate videos from the Gallery.
Privacy and Security
Disclaimers of Warranty
- PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
MOOVLY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM WILL BE ERROR FREE, OR THAT THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT TRANSMISSION OF DATA TO / FROM THE PLATFORM WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOOVLY DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE PLATFORM IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. MOOVLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOOVLY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE PLATFORM OR RESULTS TO BE OBTAINED FROM USING THE PLATFORM. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, MOOVLY DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE PLATFORM.
Limitation of Liability
Third Party Services
- If your credit card is invalid for any reason, your account will be frozen on the renewal date of your Subscription and can only be unblocked by entering a new, valid credit card or other valid method of payment as offered on the Platform.
- You may terminate your access to the Platform at any time, with or without cause. Information and direction on how to terminate your access to the Platform is provided in the Help Center. Upon any termination of your access to the Platform: (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated; (ii) all Marketplace items or User Content purchased, created or uploaded by you shall be removed from the Platform; Moovly may however continue to use those items for internal archival and/or reference purposes; (iii) you shall forfeit all right, title and interest in and to any and all Credits; and (iv) Moovly will permanently delete your User Content.
- Cancellation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
- Your use of the Platform does not give you any authority to act as an agent, legal representative or employee of Moovly or of any third party with whom Moovly has a relationship, and you agree not to represent that you are otherwise.