Terms & Conditions of Use

Introduction

Welcome to www.powtoon.com, hereto referred to as “the Site”. The Site is operated by PowToon Limited, 28 Church Road, London, HA7 4XR. A United Kingdom company, herein referred to as “the Company”, “we”, or “us”.

Registration Number: 07820729 in accordance with these Terms and Conditions of Use, herein referred to as “Terms of Use”.

These terms of use govern your use of the Site. By using the Site, whether as a visitor, a registered member (“member”), or a registered paid subscriber (“subscriber”), to do any or all of the following, you accept these Terms of Use in full and without reservation:

  • Browse the Site
  • Purchase items or contract a member of our PowToon Studio
  • Use any of the software programs (“software”), or any services made available through or on the Site, whether by us, or our affiliates (“the services”).

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY AND SECURITY POLICY OR OTHER POLICIES, GUIDELINES, OR INSTRUCTIONS POSTED ON THE SITE, DO NOT USE THE SERVICES, THE SOFTWARE, OR THE SITE.

By using the site and/or the Services you warrant and represent that you are of sufficient age under the law of the jurisdiction in which you reside to enter into a binding legal agreement.

Your use of the Site, Software or Services does not give you any authority to act as an agent, legal representative or employee of the Company, or of any third party with whom the Company has a relationship, and you agree not to represent that you are otherwise.

Some areas of the Site, content or Services provided on or through the Site may have additional rules, guidelines, license agreements, user agreements, or other terms and conditions that apply to your access or use of that area of the Site or content (including terms and conditions applicable to a corporation or other organization and its users).

If there is a conflict or inconsistency between these Terms of use and the rules, license agreement, user agreement or other terms and conditions for a specific area of the Site, or for specific content download or use, the latter shall have precedence with respect to your access and use of that area of the Site, content or Services.

Your use of any Software is subject to any license agreement or user agreement that accompanies or is included with the Software, the download process, and documents that accompany the Software (“License Terms”). In the event that the Software is provided on or through the Site and is not licensed for your use through license terms specific to the Software, you may use the software subject to the following:

  1. The software may be used solely for your personal, informational, noncommercial purposes
  2. The software may not be modified or altered in any way
  3. The software may not be redistributed.

All content included on the Site, and made available in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its third party content suppliers, and is protected by international copyright laws.

All software used on the Site is the property of the Company or its software suppliers and is protected by international copyright laws.

All of the trademarks, service marks, brand and trade names and logos appearing on the Site 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.

The Company retains full ownership rights with respect to the Services including but not limited to design, functionality, and documentation. You may not copy, edit, reverse engineer, re-license, sell or reproduce any part of the Services.

Students may use PowToon with parental permission and teacher supervision, or using the account named “student account” according to that account’s specific terms of use.

Acceptable Use

Except as permitted under “Presentations” below, you must not:

  1. Republish material from the Site in any physical or electronic media documents, including (but not limited to) republication on another website
  2. Sell, rent, or sub-license material from the site
  3. Display any material from the Site in public
  4. Reproduce, duplicate, copy, or otherwise exploit material on the Site for a commercial purpose
  5. Edit or otherwise modify any material on the Site
  6. Redistribute material from the Site - except for presentations or other content specifically and expressly made available for redistribution, and then only within your organization
  7. Republish or reproduce any part of the Site through the use of iFrames or screen-scrapers, unless explicitly permitted
  8. Use the Site in any way that causes, or may cause, damage to the Site, or impairment of the availability or accessibility of the Company, or in any way which is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  9. Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software
  10. Conduct any systematic or automated data collection activities on or in relation to the Site without the Company’s express written consent. This includes:
    • Scrapping
    • Data Mining
    • Data Extraction
    • Data Harvesting
    • “Framing”- iFrames
    • Article Spinning
  11. Use the Site, or any part of it, to transmit or send unsolicited commercial communications
  12. Use the Site for any purposes related to marketing without the express written consent of the Company.

Email Opt-In

By signing up to PowToon you agree to receive promotional and other emails from us. Through our email services you will be the first to know about any special offers, new features, and on occasion you will receive relevant third party messages from us. You may unsubscribe from our mailing list at any time, as required by law, via the unsubscribe options we offer.

Restricted Access

The Company reserves the right to restrict access to certain areas of the Site, or at our discretion, the entire website. The Company may change or modify its access policy with or without prior notice.

You may become a user of the Site’s free areas and Services (a “Member”) or a paid Subscriber. In either case, you will be required to establish a User Account with a Company-provided user ID and password to enable you to access restricted areas of the Site, or other content or Services.

You must ensure that your user ID and password are kept confidential. You alone are responsible for your password and user ID security.

The Company may disable your User Account and your ID and password at the Company’s sole discretion and without prior notice if:

  1. You violate these Terms of Use
  2. We believe there has been unauthorized use of your access credentials
  3. You fail to pay any subscription, or similar fees or charges, associated with the use of the Site, the Services, or the Software

Limitations of Liability

Your use of the Site, or Services is at your risk. The Company does not warrant or represent that any content associated with or used in connection with the Site or Services is factual or error-free, or that the use of such material will not infringe rights of third parties.

The Company does not warrant that the functional aspects of the Site will be error free, or that the Site or the servers that make it available are free of viruses or other harmful components. The Company reserves the right to correct any errors on its website. If your use of the Site, or other content or services, results in the need for servicing or replacing property, material, equipment or data, or results in injury to persons or damage to property, the Company is not responsible for those costs.

Without limiting the foregoing, you acknowledge and agree that everything associated with the Site, and its programs the Software, and the Services, are 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.

POWTOON MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON ITS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, LINKS, OR RESULTS TO BE OBTAINED FROM USING POWTOON WEBSITE OR SERVICES. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, POWTOON 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 SITE OR THE SERVICES.

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OR AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, OR PROFITS (WHETHER INVOLVING ALLEGATIONS OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE) AND IRRESPECTIVE OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE AND CONTENT.

Without prejudice to the generality of the foregoing, the Company does not warrant that:

  • The Site or the Services will be constantly available, or available at all
  • That transmission of data to or from the Site will occur at any minimum speed
  • The information on the Site is complete, true, accurate, or non-misleading

Except as required by law or otherwise provided below:

  • To the extent that access to, or use of, the Site, the Software, or the Services is provided to you free-of-charge, the Company shall not be liable to you for any loss whatsoever
  • If you are a paid Subscriber, liability for direct damages shall be limited to the amount of subscription or other fees paid, but in no event more than US $500

These limitations of liability apply even if the Company has been expressly advised of the potential loss.

Nothing on the Site, or in these Terms of Use, constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult the appropriate professional.

Exceptions

Nothing in these Terms of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Nothing in the Site disclaimer will exclude or limit the liability of the Company in respect of any:

  • Death or personal injury caused by the negligence of the Company or its agents, employees, or shareholders/owners
  • Fraud or fraudulent misrepresentation on the part of the Company, or matter as to which it would be illegal or unlawful under applicable law for the Company to exclude, limit, or to attempt or purport to exclude or limit its liability

Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set forth in the Terms of use above are reasonable. If you do not think they are reasonable, you must not use the Site.

Other Parties

You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties, and liability set out in the Site disclaimer, will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

Third Party Content

The Company gets some content from third party creators and suppliers who own the rights to that content.

You may display this content, but only on your personal computer, and only for your personal or business use. No other type of display is permitted.

Unless you have permission from the creator or supplier, you agree not to download, cache, reproduce, modify, edit, alter, or enhance any of its content.

THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

Maximum Storage Limit

You acknowledge that the Company may, without prior notice, limit, or decrease the maximum storage capacity for each user account.

User Content

In these Terms of Use, “User Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you (or third parties acting at your direction) submit to the Site, for whatever purpose, including but not limited to, creation of Presentations (as defined below).

Unless you (i) are a paying Member or a Subscriber; and (ii) you expressly label it “Confidential” at the time of submission, by submitting User Content to the Site you grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content, including but not limited to any proprietary, patented, copyrighted, or otherwise confidential User Content, in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You may not submit any User Content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.

The Company reserves the right to edit or remove any User Content submitted to the Site, or stored on the servers of the Company, or hosted or published upon the Site. However, the Company does not undertake to monitor the submission of User Content submitted to or published on the Site.

Presentations

You acknowledge that you alone are responsible for the content of any visual and/or audio presentations or portions thereof (“Presentations”) that you import to, create, store on, or access through use of the Site, the Services, and/or the Software.

Your responsibility for the content and appearance of each Presentation includes, but is not limited to, its legality, reliability, appropriateness, and originality.

If you are a Member, your Presentations (except for any User Content properly labeled as “Confidential” in accordance with “User Content” above) will be available for any third party to view at a publicly available URL. You acknowledge that third parties may view and have access to your Presentations, and that the Company has no control over third parties’ use of your Presentations. Presentations may be indexed by search engines.

If you elect to become a paid Subscriber, you may also allow your Presentations to be made available publicly. As a paid Subscriber, however, you will have the option to limit access to any Presentation to members of a shared distribution list created and maintained by you in your User Account. It is your sole responsibility to confirm the credentials of members of and otherwise manage the membership of your shared distribution list.

You shall have the right to download any Presentations you create through the use of the Site, the Software, and/or the Services, and to make such Presentations available on your personal or company website, as applicable. You represent and warrant that the posting of your Presentations, and any other use of your Presentations, does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person.

As a service provider, artist, or animator creating Presentations for your clients for a fee, you shall have the right to download any Presentations you create through the use of the Site, the Software, and/or the Services, and to make such Presentations available on your client’s personal or company website, as applicable.

The Company may, without prior notice, terminate or suspend service and/or access to all or any part of the Site, or the Service to users whom the Company has in good faith determined have infringed upon the intellectual property rights of others.

Third Party Rights

You may not upload or post to the Site or otherwise use in any way in connection with your use of the Services or the Software 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 Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.

Third Party Copyright Policy

PowToon is not responsible for breach of copyright laws should a user chose to screen cast their PowToon presentation for the purpose of using copyrighted videos or content. PowToon upholds copyright laws in their entirety and takes no responsibility, nor can be held liable, for any breach carried out by a user with third party software. It is each customer’s responsibility to uphold and respect their countries’ copyright laws.

Termination

By The Company

The Company may at any time and without notice terminate your User Account in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties, or obligations under these terms of Use.

The Company may also suspend or terminate your access to the Service if you have not accessed it for ninety (90) or more consecutive days. The Company will provide notice of any such suspension or termination.

By You

You may, at any time, terminate this Agreement by logging into your Membership Account on the Service.

Effect of Termination

Upon any termination of your access to the Site, the Services and/or the Software:

  1. Your User Account shall be canceled and closed, and your User ID and password shall be deactivated;
  2. All Marketplace Items uploaded by you shall be removed from the Service; provided, however, that the Company may continue to use the Marketplace Item for internal archival and reference purposes;
  3. You shall forfeit all right, title and interest in and to any and all Credits; and
  4. The Company will permanently delete your Presentations and User Content.

Termination of your User 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.

Suspension

In lieu of termination, the Company may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not purchase any additional Marketplace Items or other goods or Services.

However, you may continue to access and use your User Account and any Marketplace Items or other goods or services purchased prior to suspension.

Indemnity

You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses, and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Additional Actions By The Company

Without prejudice to the Company’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

The Company may revise these Terms of Use from time to time, with or without prior notice. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Company may transfer, sub-contract, or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms of Use, together with the Company’s Privacy Policy, constitute the entire agreement between you and the Company in relation to your use of the Site, the Software and the Services and supersede all previous agreements in respect of your use of the Site. We created these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of United Kingdom, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United Kingdom.

Account types

PowToon account types are listed on the PowToon Pricing Page. The plan types, names, and listed prices change from time to time. When you purchase a plan, package of services from PowToon you agree to purchase the plan as listed at the time of purchase.

NOTE: Users under the age of 18 may only use the "for Education" version of PowToon. PowToon 4 EDU account types are listed on the PowToon EDU Pricing Page (https://www.powtoon.com/pricing/edu/ ).

Purchases

General Terms

You agree to pay the then-current fee for the account type (e.g., Free, Education, 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 signed up. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.

PowToon may provide you with the ability to pay the Fees through a service such as PayPal or Stripe Checkout. All subscriptions paid through these third parties are subject to the third party’s Terms of Service(Stripe TOS , PayPal TOS), 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.

Payment for Subscription

For all for-pay account types, 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 account type you choose. If you choose to cancel a recurring payment, you should cancel your account 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 you will have the option of converting to a PowToon FREE account type – subject to the limitations of a FREE PowToon account.

Payment for media and services

On the platform there are some features, sounds, images and library objects that are offered at price that our partners or we set. You will be able to buy those articles and services via your paying account and will be billed to you each time you choose to use the services or other objects.

Fraud Protections

To protect against potential fraud, PowToon/Licensario may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. PowToon will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing PowToon with your credit card information, you authorize PowToon to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

Cancellation and Refund Policy

Under UK Consumer Contracts Regulations 2014 you are entitled to cancel your online service and request a refund within 14 days of activation. Please note that by downloading and/or publishing any presentations whilst holding a premium subscription, you are waiving your rights of cancellation in which case no refund will be provided.

If you purchase your subscription via PayPal, we will honor PayPal’s Refund Policy.

If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

Termination

If your credit card is invalid for any reason, your for-pay PowToon account will revert to a PowToon FREE account and will be subject to the limitations of a FREE PowToon account; provided, however, that PowToon reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a PowToon FREE account.

Premium Photos

The premium photos are provided by "Bigstock" photos.

Upon purchasing a premium photo, Bigstock grants to Users who license an Image through the Platform, or who use an Image made available through the Gallery, an individual, non-exclusive, non-transferable, right, throughout the world, in perpetuity, to use such Image, or any part thereof, an unlimited number of times, solely as incorporated into presentations created by that User using the Platform.

Impressum

PowToon Limited, 28 Church Road, London HA7 4XR, UK

Tel: +44 20 7193 6920

Fax: +44 700 5963430

CEO: Ilya Spitalnik

UK Company Registration: 07820729

VAT num.: GB 202 866 029

Email: contact@powtoon.com



Last Revised: August 25, 2015