Basic Terms and Conditions
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site, any information available via this Site, and/or using the Software. In addition, your use of the Site and/or the Software is conditioned on your compliance with the following rules of conduct. You agree not to:
a. Use the Site and/or the Software for any fraudulent or unlawful purpose.
b. Impersonate any person or entity, including, but not limited to, any Plotagraph employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that Plotagraph endorses any statement you make.
c. Interfere with or disrupt the operation of the Site and/or the Software.
d. Transmit or otherwise make available in connection with the Site any spam, virus, worm, Trojan Horse, or other harmful code.
e. Restrict or inhibit any other person from using the Site and/or the Software, including by means of hacking or defacing any portion of the Site and/or the Software.
f. Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Plotagraph, its owners, directors, officers, agents, employees and representatives identified on the Site, without their express consent.
g. Sell, resell, demonstrate, market, transfer, license, or exploit for any commercial purposes any use of or access to the Site, the Software, the information found on the Site, or any ideas of the Software’s abilities or usefulness.
h. Modify, reuse, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or the Software.
i. Frame or mirror all or any part of the Site without our prior express written authorization.
j. Access Plotagraph’s private APIs or tools by any other means than the Software application itself.
k. Crawl, scrape, or otherwise cache any content from the Site, including but not limited to user profiles.
l. Refer to or otherwise identify the Outputs as cinemagraphs, after effects, or motion graphics, including in hashtags, when publishing, posting, or otherwise disseminating Outputs created with the Software. Rather, the Outputs should be referred to as Plotagraph animations.
m. Sell any Outputs created with the Software if you are using the Software during a free trial period.
n. Sell more than 10,000 Outputs created with the Software for commercial use if you have a paid subscription to the Software.
o. Purchase a single license to the Software if you are or are part of a business, stock company, agency, marketing or branding company, but must purchase an agency or enterprise membership for access to the Software.
p. Upload, submit, post, or import to the Site or the Software any Outputs, photos, or videos that depict sexual acts, genitalia, violence, abuse, or the like.
q. Hold Plotagraph responsible in any way for any damage or harm caused to you by your viewing of Outputs or Content available on the Site or related sites controlled by Plotagraph or created with the Software.
2. Portions of the Site or the Software may include photos, videos, or Outputs that depict nudity (other than genitalia). Such photos, videos, or Outputs are available to users that acknowledge, either during their registration or the management of their account settings, that they are at least 18 years old. If you do not want to have access to such photos, videos, or Outputs, you may refrain from acknowledging that you are at least 18 years old.
3. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, upload, or import to the Site or the Software.
4. You agree that the Site and the Software are the sole property of Plotagraph and the Software includes Plotagraph’s valuable trade secrets. You agree to treat the Software as confidential and will not disclose information about it without Plotagraph’s express written authorization.
5. If you request a return or refund within 7 days of purchasing the Software, Plotagraph will provide a full refund of the purchase amount. If you request a return or refund after 7 days of purchase, no refund will be given.
6. Violation of any of these agreements may result in the termination of your Plotagraph account.
1. Plotagraph reserves the right to modify the Site and/or the Software for any reason, without notice and any time.
3. Plotagraph reserves the right to refuse service to anyone for any reason at any time. Further, Plotagraph reserves the right in sole discretion to cancel any account for any reason at any time.
4. Plotagraph reserves the right to force forfeiture of any username that becomes inactive, violates a trademark, or may mislead other users.
6. Plotagraph reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
8. The Site and the Software are provided to you "AS IS" without any warranties of any kind, whether express, implied, or statutory. Plotagraph does not make any, and hereby disclaims all, warranties that might arise from your use or reliance on the Site and the Software, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Plotagraph will not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other theory, including but not limited to damages for loss of profits, use, data, or other intangibles, even if Plotagraph has been advised of the possibility of such damages in advance. Your sole remedy for dissatisfaction with the Site or the Software is to stop using the Site or the Software.
9. You agree to defend, indemnify and hold harmless Plotagraph, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site and/or the Software; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the information found on the Site or in the Software by you; or (d) any allegation that anything you transmit through or in connection with the Site or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
10. The Site is controlled and operated by Plotagraph from its principal office in Santa Barbara, California, U.S.A., and is not intended to subject Plotagraph to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Plotagraph does not represent or warrant that the Site or the Software, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Software do so on their own initiative and at their own risk, and are responsible for complying with local laws. Plotagraph may limit the availability of the Site or Software to any person, geographic area, or jurisdiction it chooses, at any time in Plotagraph’s sole discretion. You agree not to transport, import, export or re-export all or any part of the Software or the information found on the Site to (or to a national or resident of), or to use all or any part of the Software or the information found on the Site from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
11. Unless Plotagraph expressly acknowledges in writing prior to receiving any communication, all communications made under the Site or the Software should be presumed by you to be non-confidential. You acknowledge and understand that you have no expectation of privacy in any such communication and that no confidential, fiduciary, contractually-implied or other relationship is created or implied between Plotagraph and you by reason of such communication. If a particular page of the Site or the Software permits the transmission of communications that Plotagraph intends to treat as confidential, that fact will be stated in an appropriate legal notice presented on such page.
12. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Software, you agree to the exclusive jurisdiction of the federal and state courts located Central District in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
13. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein and any agreement accompanying or provided in connection with the Software, is the entire Agreement between you and Plotagraph relating to your use of the Site or the Software, and supersedes any and all prior or contemporaneous written or oral Agreements between you and Plotagraph regarding the same subject matter (except other written, fully-executed contracts between you and Plotagraph, including but not limited to click-wrap agreements or any other). Neither the course of conduct between you and Plotagraph, nor trade practice, shall act to modify any provision of this Agreement. Plotagraph shall not be liable for any failure to perform due to causes beyond its reasonable control. No promise, representation, warranty, or covenant not included in this Agreement may be relied upon by you. This Agreement shall not create any rights in or inure to the benefit of any third party. If you use the Site or the Software as an employee of a company, you represent that you are able to bind your employer to the terms of this Agreement and such use shall constitute such a binding agreement and representation. A breach of this Agreement entitles Plotagraph to attorneys’ fees and reasonable costs to enforce the terms of this Agreement. All rights not expressly granted by Plotagraph herein, are hereby reserved.
Proprietary Rights in Content
1. Plotagraph does not claim any ownership rights in the Content that you submit, post, upload, or import to the Site or the Software, or to the Outputs created therewith using the Software. Notwithstanding the foregoing, you hereby grant to Plotagraph a non-exclusive, fully payed and royalty-free, worldwide, limited license to use, publicly perform, publicly display, or reproduce such Content and Outputs on the Site and in other advertising materials to advertise the Site and/or the Software.
2. You represent and warrant that: (i) you own the Content that you submit, post, upload, or import to the Site or the Software or otherwise have right to use the Content and grant the license set forth above, (ii) the use of the Content on the Site or in the Software does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the use of the Content on the Site or in the Software does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person relating to Content that you use in connection with the Site and/or the Software and agree to indemnify and hold Plotagraph harmless from any claim, demand, cause of action, suit, liabilities, expenses or damage arising or relating to the Content.
3. The Site and the Software contain Plotagraph content that is protected by copyright, trademark, patent, trade secrets and other laws, and Plotagraph owns and retains all rights in the Plotagraph content.
Like most website operators and digital products, Plotagraph may collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Plotagraph’s purpose in collecting non-personally identifying information is to better understand how Plotagraph’s visitors use its website and digital products. From time to time, Plotagraph may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website and digital products.
Plotagraph may also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on digital products. Plotagraph only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses may be visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Plotagraph’s website and digital products may voluntarily interact with Plotagraph in ways that require Plotagraph to gather personally-identifying information. The amount and type of information that Plotagraph may gather depends on the nature of the interaction. For example, we ask visitors who sign up for an account on plotagraphpro.com to provide a username and email address. In each case, Plotagraph collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Plotagraph. Plotagraph does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website and digital products-related activities.
Plotagraph may collect statistics about the behavior of visitors to its website and digital products. Plotagraph may display this information publicly or provide it to others. However, Plotagraph does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Plotagraph discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Plotagraph’s behalf or to provide services available at Plotagraph’s website and digital products, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Plotagraph’s website and digital products you consent to the transfer of such information to them. Plotagraph will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Plotagraph discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Plotagraph believes in good faith that disclosure is reasonably necessary to protect the property or rights of Plotagraph, third parties or the public at large. If you are a registered user of the Plotagraph website and have supplied your email address, Plotagraph may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Plotagraph and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Plotagraph takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Plotagraph cannot protect your unsolicited ideas, suggestions or materials related to our products, and we reserve the right to share non-personal information received via this site with the public. We do not seek unsolicited ideas, suggestions or materials related to our products other than in some surveys for feedback to improve the customer experience. If you do not want Plotagraph to use your ideas to improve our products, please do not submit them to us. If you do submit your ideas to us, you acknowledge that Plotagraph has the right to use your ideas in any manner, without further consent from you, and without any compensation or remuneration to you. In the event that Plotagraph elects to use your submitted ideas, you agree not to oppose any such use.
Personal Information of Minor Children
Important Note to Parents: Plotagraph does not include information or content on this site that is intentionally directed at minor children. We do not knowingly collect personally identifiable information from kids on our site.
Copyright 2016 - PLOTAGRAPH, Inc. - All Rights Reserved