Marionette Studio has the right to modify, add, delete any part of these terms of service and privacy policy at any time. To be always aware of all changes made to this terms of service you may check this page from time to time.
Last Modified: May 25, 2018
Marionette Studio has the right to modify, add, delete any part of these terms of service and privacy policy at any time. To be always aware of all changes made to this terms of service you may check this page from time to time.
DEFINITIONS
“Marionette Studio Platform or Marionette Studio Editor” means the Marionette Studio cloud-based hosted platform, which allows users to, among other things, produce a wide range of custom animated content from scratch by using provided tools, access pre-made templates (motions, animations, special effects), upload their own files and content, customize pre-made characters and animated scenes, download, export, host and playback animated scenes and videos.
“Content” means text, images, designs, icons, photographs, videos, animations and WebGL animations, photos, audio, music, sounds, graphics, special effects, logos, branding, marks and other files.
“Animated Content” means an animated scene or video or image sequence or GIF or sprite sheet created using the Marionette Studio Editor along with any other additional files (i.e. HTML, CSS3, JSON files) that may come together with the animated content.
“Your Content” means the Content uploaded by You to Marionette Studio Platform.
“Your Animated Content” means the Animated Content You produce or develop using, in whole or in part, the Marionette Studio Editor.
“Services” means the services that Marionette Studio provides to its customers / users, which may include, without limitation, limited or full use of the Marionette Studio Platform, the hosting and playback of Animated Content, customer guidance, training and support.
“Subscription” means the then-current Marionette Studio subscription plans for its customers / users.
“Templates” means pre-made scenes which enables the creation by customizations of animated scenes and videos on the Marionette Studio Editor.
1. Proprietary Rights
All the text, images, designs, icons, photographs, videos, animations, and all other materials included in this site are the intellectual proprietary of the Marionette Studio. Materials from this site may not be republish, sell, rent, duplicate, copy, edit, modify, post, transmit or distribute in any way, except that you may download a copy of our materials one time and only for your personal and non-commercial use. Any other use of these materials are a violation of Marionette Studio copyright and intellectual property rights.
You must not use this site to store, copy, send, distribute any material that includes computer virus, spyware or other computer software that can damage our website.
Company name and logos are intellectual property of Marionette Studio and is not allowed to copy, use or imitate them. The entire materials from our website are protected by intellectual property law, trademark laws and international copyright laws.
2. License
Marionette Studio license types are fully described at https://marionettestudio.com/pricing/. The plan types, names, and listed prices change from time to time. When you purchase a plan, package of services from Marionette Studio you agree to purchase the plan as listed at the time of purchase.
Subject to the terms and conditions of this Agreement and the limitations imposed by Your applicable Subscription Plan, Marionette Studio hereby grants You, solely during the term of this Agreement, (a) a non-exclusive, non-transferable right to access and use the Marionette Studio Platform for Your commercial use, and (b) a perpetual license to distribute Your Animated Content. Your Content or Your Animated Content created within a paid Subscription Plan can be used for commercial purpose and resale.
Marionette Studio may also offer You, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable right to access and use the Marionette Studio Editor for Your internal use only, on a free trial Subscription, not to exceed 15 days. Such trial subscription shall not include any license to distribute Your Animated Content for commercial purposes.
Marionette Studio may also offer You, a non-exclusive, non-transferable right to access and use the Marionette Studio Editor for educational purposes. The usage of Academic Subscription plan is restricted by the Education Partner Program terms and conditions (https://marionettestudio.com/education-partner-program-agreement/), which apply if You are accepted to participate in the Education Partner Program.
Except to the extent expressly permitted by applicable law notwithstanding this prohibition, You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code for any of the Marionette Studio Platform.
You shall retain all copyright, trademark and other intellectual property rights notices contained on or in each of the Animated Content, Marionette Studio Assets, and Marionette Studio Platform. You shall not remove (or attempt to remove) any digital watermark that may appear in Your Animated Content. Additionally, You shall neither attempt to defeat nor circumvent any digital rights management technology used by Marionette Studio. You shall not use any screen capture software or technology to rip, otherwise copy or take any Animated Content from the Marionette Studio Platform.
Your Animated Content may not be assigned, transferred or used for the benefit of a third party, unless You have a current, valid Subscription and have purchased a license.
3. Ownership
1. You retain all right, title, interest and all related intellectual property rights, in and to Your Content or Your Animated Content; and
2. Marionette Studio retains all right, title, interest and all related intellectual property rights, in and to the Marionette Studio Platform and Your Animated Content (excluding Your Content).
Marionette Studio retains all rights not expressly granted to You under this Agreement. You do not have any implied rights.
4. Your Content and Your Animated Content
You hereby grant Marionette Studio a non-exclusive, royalty-free, transferable license, with rights to sub-license, to use, reproduce, display, perform and create derivative works of Your Content solely to provide the Services to You under this Agreement, including to store, offer and provide Your Animated Content.
The confidentiality of Your Content and Your Animated Content is important to Marionette Studio. Marionette Studio’s ability to display Your Animated Content is subject to and controlled by the privacy settings that You select for Your Animated Content. The “Share” and “Unshare” settings enable You to limit access to Your Animated Content. Under no circumstances will Marionette Studio distribute or publicize Your Content or Your Animated Content without Your written authorization.
Marionette Studio reserves the right to monitor Your Content and Your Animated Content and to remove or disable Your Content and Your Animated Content that Marionette Studio in good faith determines to be illegal, harmful, offensive, creating liability for Marionette Studio or its service providers, or otherwise in violation of this Agreement or Marionette Studio’s acceptable use, privacy or operating policies or those of any third party service provider.
5. Purchases
You agree to pay the then-current fee for the Subscription plan (e.g. Starter, Pro, Business) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you approved the payment. Prices do not include VAT. Depending on the country you are from VAT will be added to current pricing at checkout.
You can pay with Visa/MasterCard or through PayPal. Your payments are securely processed by our partner, Avangate. All subscriptions paid through this third party 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.
6. Payment for Subscription
For all Subscription plans, payment occurs on a pre-pay basis and payment will be automatically renewed for the next term, at the end of each term. The amount you are to pay will depend upon which Subscription plan you choose. If you choose to cancel a recurring payment, you should cancel your Subscription prior to the next billing term. If you do not elect to purchase an additional month/year of service, your account will be suspended and the access to your account will be restricted.
7. Cancellation and Refund Policy
All refund and exchange requests are managed by Avangate and are made pursuant to the Avangate Refund Policy.
If you cancel your recurring payment option, your account will remain active until its next renewal date.
8. Disclaimer
Information and all materials from our site may contain some mistakes, errors or inaccuracies. We do not make any warranty regarding the integrity and completeness of the materials and information via this site. Also, nothing contained in this site represents advice or investment. Information accessed through site do not constitutes an offer or a solicitation from Marionette Studio or other third parties to buy or to sell any services, futures, financial instruments, etc. You should notice that any use and decisions based on these information will be at your own risk.
The content and materials in the site are provided “as is”, without any warranties, express or implied. Marionette Studio does not warrant that the site will be always available, or that the information and materials are complete, accurate and non-misleading. Marionette Studio disclaim all warranties of any kind, express or implied, including warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement.
9. Limitation of Liability
Marionette Studio will not be liable for any indirect, special, direct, consequential, incidental, or other damages including business losses, income, profits, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, resulting from the use of this site materials, content, information, services, external sites or other functions.
Some jurisdictions may not allow the limitation of liability and the exclusions of warranties for indirect, special, direct, consequential, incidental, or other damages, so the above limitations and exclusions may not apply to you.
10. User agreements
When using our website, you agree:
Also, you agree that you are the only responsible for your actions if you violate any of these agreements and you will respect all the applicable laws referring to your use on this site.
11. Social networks
When you are using Marionette Studio you can access social networks like Facebook, Twitter, etc to interact and share with your friends. Visiting these social networks, you agree not to post and not to broadcast defamatory, tortious, offensive, threatening, obscene, etc. materials that may violate Marionette Studio and third party’s copyright, trademark, privacy or other proprietary rights and laws.
12. Links to external sites
Marionette Studio can supply on this site some links to external sites that are managed by other entities. If you access these sites, you do it on your own responsibility. Also, you must take full precautions to protect you against any viruses or another destructive items. Marionette Studio is not responsible for the content, information, products or services of these external sites. If you have any concerns or questions regarding the content of these sites, you should contact their administrator.
13. Termination
This agreement runs until is terminated by one of the parties. This agreement can be terminated at any time. If you want to terminate this agreement you must destroy all copies, materials, images, and documentation downloaded from our site, even if they were made or not in accordance with our terms of service and privacy policy. Marionette Studio has the right to terminate this agreement without a notice if comes to our attention that you have not comply any provision or term of this agreement.
14. Violation of Terms and Conditions
If you violate any of these privacy policy, terms and conditions, proprietary rights of Marionette Studio, if you affect the other user access on this site, or if you are using this site for other purposes, Marionette Studio has the right to suspend your access to the site or to prohibit you from accessing the site. You can also contact us at support@marionettestudio.com if you think that someone has violated these terms of service.
+1.408.769.5590 support@marionettestudio.com 3739 Balboa St # 1221 San Francisco, California, USA94121