Cookie Policy

• Date: 06.22.2018

• About Animaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Animaker” refers to the following:
• - Animaker English language website accessible through the URL https://www.animaker.com
• - Animaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Animaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Animaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Animaker website anonymously without logging in or purchasing a subscription on Animaker.
• Note: To know more on Animaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Animaker English website, accessible through the URL https://www.animaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Animaker’s other language websites.

• Animaker Cookie Policy:

• Animaker Cookie Policy applies to all Animaker websites operated by Animaker Inc. Animaker Cookie Policy is to help Users feel comfortable about Animaker and Animaker using appropriate Cookies for relevant and justifiable reasons.

• Questions on Animaker’s Cookie Policy:

• If you have a question on Animaker Cookie Policy, please email us at info@animaker.com or send a written letter to: Animaker Inc. 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.

• What is a Cookie?

• A Cookie is a commonly used automated data collection tool. It is a small text file that is placed on User’s computer or device, by websites that User visits.

• Why Do Most Websites Use Cookies?

• Websites use Cookies in order to make most websites work, or work more efficiently.
• Please note that certain areas of most websites can only be accessed by having the Cookies enabled.
• Disabling Cookies may prevent Users from accessing content and enjoying all the features available on most websites.

• Does Animaker Use Cookies on its Websites?

• Yes. Animaker uses Cookies on its Websites.
• All Cookies used in Animaker have an expiry date. Expiration dates on Cookies used in Animaker are set in the Cookies themselves.

• What are the Cookie Data Collected and Processed by Animaker?

  IP address182.156.240.154 of the User’s device is collected. This is the IP address of the User’s device through which they are accessing Animaker.
• IP location or the geographic location India of the User’s device is collected. This is the IP location or the geographic location of the User’s device through which they are accessing Animaker.
• Web Browser language en is collected. This is the Web Browser used by the User on their device.

• Can Users Opt-Out of having their Cookie Data collected?

• Yes. Animaker provide Users, the opportunity to Opt-Out of sharing their Cookie Data. However, if the User decides to Opt-Out, Animaker will not be able to provide certain services.

• Can Users View Cookie Data collected by Animaker?

• Yes. User may email Animaker at info@animaker.com, to view Cookie Data collected by Animaker.

• How does an Animaker User Get to Manage Cookies?

• Users may restrict, block or remove Cookies, through their computer's web browser settings. However, if a Cookie blocking setting is activated on a User computer's web browser, they may not be able to access certain parts of Animaker Website or use certain features of Animaker website. "Help" function within a User computer's web browser may guide them in managing Cookies. User may also visit http://www.aboutCookies.org for more information on how to restrict or manage Cookies across a variety of web browsers. For more information on Cookies on mobile browsers, please refer to mobile device help/manual.

• How does Animaker use User Cookie Data?

• Animaker uses Cookie Data to recognize and remember the following:
• Animaker uses Cookie Data to help save User’s website preferences for future visits.
• Date and time you logged in to Animaker website
• Your preferred browser language
• Animaker uses Cookie Data to help save your website preferences for future visits.
• Animaker uses Cookie Data to compile aggregated data about site traffic and site interactions.
• Animaker uses Cookie Data to offer better website experiences and tools in the future.

• Does Animaker share User Cookie Data with any 3rd Party?

• Animaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• Do Not Track:

• User’s Web browser may have a “Do Not Track” setting which, when enabled, causes the User’s browser to send a do not track HTTP header file or “signal” to each website User’s visit. At present, Animaker does not respond to “Do Not Track”.

• Changes to Animaker Cookie Policy:

• Animaker reserves the right to change Animaker Cookie Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Animaker.

Terms of Service

• Updated: 07.26.2018
• Thank you for choosing Animaker!
• This is an agreement between you (if signing as an individual or the legal entity you represent) ("you," or “Subscriber,” which term shall mean the user of the Animaker Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives) and Animaker, Inc., a Delaware corporation with a principal address of 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America ("Animaker", “us” or “we”) that governs your rights to use the services identified in this Agreement.
• You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. If you do not agree to these terms DO NOT SIGN UP and DO NOT USE THE SERVICES.

• 1. DEFINITIONS

  1.1 "Party" or "Parties" shall mean Animaker or Subscriber or both, based on the context.
• 1.2 "Agreement", “Terms”, "hereto", "herein", "hereby", "hereunder" and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
• 1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files.
• 1.4 "Subscription Plan" shall mean the then-existing subscription plans for use of the Animaker Services as selected by the Subscriber.
• 1.5 "Videos" shall mean animated videos created using Animaker Services by Subscriber or uploaded by Animaker, depending on the context.
• 1.6 "Content" shall mean the content made available by Animaker or the videos created by subscriber using Animaker services depending on the context.
• 1.7 "Services" shall mean Animaker software, content, applications and services, including services or software that allow you to stream, download, view or use certain digital content such as music, video, animated characters, applications and other content that Animaker makes available from time to time.
• 1.8 “Site” shall mean the Website bearing the URLs https://www.animaker.com, www.animaker.com , www.animaker.es, www.animaker.co, www.animaker.de, www.animaker.fr, www.animaker.kr, www.animaker.ru and/or any other Websites owned and/or operated by us related to the Services.

• 2. SCOPE OF AGREEMENT, ACCEPTANCE AND AMENDMENT

• 2.1 AGREEMENT TO BE BOUND

  The following Agreement, together with the relevant information set out on the Website and within the Services, including any features and services available, such as RSS feeds, podcasts, video, photographs, publications, and other materials, are subject to the Terms of Service set forth below. Please read them carefully, as any use of the Services constitutes an agreement, to be bound thereby by the Subscriber.

• This Agreement is also subject to the Privacy Policy

• 2.2 AGE

  By using the Services, you represent that you have reached the age of "majority" where you live and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. An Animaker account is necessary to use the Services. You may need to accept other terms of services and provide additional information in order to use your Animaker Account (as defined herein).

• 2.3 ELECTRONIC CONTRACTING

  Your use of the Services under this Agreement includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH SUBSCRIPTIONS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND ANY OTHER APPLICATIONS. You shall be solely responsible to have necessary hardware and software that is required to retain electronic records that you may require. Animaker shall not be held responsible for any typographical errors.

• 2.4 AMENDMENT TO TERMS OF SERVICE

  From time to time, Animaker may change or amend these Terms of Service. Animaker will notify you of such amendment, either through the user interface, in an email notification, or through other reasonable means. Your use of the Services, after the change becomes effective, will be your consent to the changed Agreement. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 6 hereof or your consent shall be deemed granted.

• 2.5 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  We are not responsible if information made available via the Services is not accurate, complete or current. This may include statements and claims regarding our competitors and level of our services. You acknowledge that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Services is at your own risk.

• 2.6 ERRORS IN THE SERVICES

  We do not warrant that any errors in the Services will be corrected.

• 2.7 MODIFICATIONS AND CHANGES TO THE SERVICES

  We may modify, add to, suspend, or delete any aspect of the Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

• 2.8 ACCESS TO SERVICES

  Though we try to make the Services available twenty four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Services will be at all times available.
• We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Services.

• 2.9 RIGHT OF REFUSAL, LIMITATION, DISCONTINUATION AND TERMINATION

  We reserve the right to refuse providing access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account for any reason whatsoever, including but not limited to a breach or violation by the Subscriber of any of the terms or provisions of this Agreement or any published Animaker policy or procedure; a discredit of Animaker by a Subscriber; misrepresentation of Animaker by making claims contrary to Animaker literature; ethical or legal violations that may cause Animaker to suffer damages; or any other reason whatsoever, in the sole discretion of Animaker.
• In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a Animaker Subscriber at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion.
• In addition, although the Services are intended to be accessible worldwide, the Services may not be available to all persons in all geographic locations or jurisdictions. Animaker reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Services is void where prohibited by law.

• 2.10 PROHIBITED USES OF THE SERVICES

  In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

• 3. GOOD CONTRACTING PRACTICES

• In addition to those restrictions set forth in Section 2.10 and elsewhere in this Agreement, you must not use the Services provided by Animaker for any of the following:
• a) Use the Services to harm, threaten, or harass another person, organization, etc.;
• b) Damage, disable, overburden, or impair the Services (or any network or authorized device connected to the Services);
• c) Assign, resell, or redistribute any part of the Services or access to the Services, including the sale or purchase of an Account;
• d) Fail to provide accurate and correct information at the time of registration or when signing up for a new Account;
• e) Share your account username and password or otherwise authorize a third-party to access or use the Services on your behalf without prior approval from Animaker;
• f) Enable or use any unauthorized third-party applications to access the Services unless the same has been authorized or otherwise provided by Animaker;
• g) Use the Services or any content on the Services for commercial purposes (except for Subscribers who purchase agency or business plans);
• h) Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
• i) Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Animaker) to access or use the Services, or to copy or scrape or erase data from the Services;
• j) Obtain (or try to obtain) any data from the Services or related hardware, except the data that Animaker intend to make available to you; or use the Services or related hardware to design, develop, or update unauthorized software or software application;
• k) Use unauthorized software or hardware to access the Services or modify an authorized device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device; or
• l) Except to the extent expressly permitted by applicable law notwithstanding this prohibition attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, animated characters, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an authorized device. If you do, Animaker may cancel your account and your ability to access the Services, and pursue other legal remedies.Animaker may take any legal action that deem appropriate against users who violate our systems, network security, this Agreement, any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability.
• m) Download (or try to download), extract (or try to extract), screen capture (or try to screen capture) parts of the software assets from Animaker’s library of assets, including but not limited to Characters, Properties, Backgrounds, Text, Numbers, Special Effects, Music and Transition Effects.

• 4. YOUR ACCOUNT, CONTENT, SUBSCRIPTIONS AND LICENSE

  4.1 ACCOUNT REGISTRATION

• As a registered user of Animaker's Service, you may establish an account (an "Account"). Don't reveal your Account information to any third party. You shall be solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and agree to immediately notify Animaker of any security breach of your Account. Animaker shall not be responsible for any losses arising out of the unauthorized use of your Account.
• You agree to provide accurate and complete information when you register and use the Service. You agree to update your registration data to keep it accurate and complete. You agree that Animaker may store and use the registration data you provide for use in maintaining and billing fees to your Account and as otherwise may be set forth in our Privacy Policy
• Should Animaker suspect that such registration data information is untrue, inaccurate, not current or incomplete, Animaker reserves the right to suspend or terminate your use of the Services.

• 4.2 RIGHT TO MONITOR

  We shall have the right (but not the obligation) to monitor your Account and all activity related thereto in our sole and exclusive discretion. We may remove or disable your content and your videos that Animaker, in good faith determines to be illegal, harmful, offensive, creating liability for Animaker or its service providers, or otherwise in violation of this agreement or Animaker's acceptable use or operating policies or those of any of Animaker’s third-party service provider.

• 4.3 CONTENT & SUBMISSIONS

  Should you submit, display, publish or otherwise post any content to the Services, including but not limited to your videos produced using the Services (“Submissions,”) you agree to grant us and our partners and affiliates a limited, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to process such Submissions for hosting, indexing, caching, tagging and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
• You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

• 4.4 SUBSCRIPTION PLANS

  Animaker provides Free Accounts and Paid Account. The terms of each Subscription Plan are as mentioned below and as may be further set forth on the Site, subject to change in our sole and exclusive discretion:

• 4.4.1. Free Subscription Plans

  Free Subscription Plans may be offered to you when you register for an Account with Animaker. Notwithstanding anything in this Agreement and to the contrary such Subscription Plans carry the following restrictions:
• You may use Animaker Services only for personal and non-commercial use;
• You may be able to use only a basic version of the Animaker Services;
• You shall not distribute your videos for revenue or exploit for generating any revenue therefrom;
• You shall not advertise your videos or allow viewing for any revenue generation therefrom;
• Animaker has no obligatory duty to provide any further Services under this Subscription Plan;
• You may upgrade your Account to a Paid Subscription Plan by paying such fees as are set forth on the Site and at the time of sale for the same.

• 4.4.2. Paid Subscription Plans

  Paid Subscription Plans are offered to you upon the payment of prescribed subscription fees as are set forth on the Site and at the time of sale for the same. For the duration of your Paid Subscription Plan, you shall be entitled to Animaker's Services during the subscription term, which shall include:
• You may use Animaker Services for personal, commercial or internal business use based on your selected Paid Subscription Plan;
• You may distribute your videos for revenue or exploit for generating any revenue based on your selected Paid Subscription Plan;
• You may advertise your videos or allow viewing for revenue;
• You may publish your videos according to the facilities provided to you, based on your selected Paid Subscription Plan;
• You may publish your videos on other viewing platforms, such as via satellite or cable television with the prior, written permission of Animaker;
• Animaker has no obligatory duty to provide any services under this subscription;
• You may downgrade from Paid account only on the expiry of your subscription;

• 4.5 LICENSE

  Animaker grants you a non-exclusive right to access and use Animaker Services and a perpetual license to distribute the videos made by you subject to the terms and conditions set forth in this Agreement and any such limitations as may be imposed upon you based on your Subscription Plan at the time of video creation.

• 5. PAYMENT, TAXES AND REFUND POLICY

• 5.1 PAYMENT AND TAXES

• 5.1.1 Subscription Fees

• You agree that you will pay for Subscription Plan chosen by you for use of the Animaker Services. Animaker may charge your payment method for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ANIMAKER WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
• All fees are payable in advance. All fees are non-refundable in US Dollars and shall be billed to your address or where applicable your business, company or organization address as provided by you upon Account registration.
• Payment shall be made via Mastercard, Visa Card, Amex, Discover, JCB and you hereby authorize Animaker to charge your Credit/Debit card and store information of your Credit/Debit card in accordance with our Privacy Policy.
• You Credit/Debit card shall be billed in advance on monthly, quarterly or yearly basis depending on the Subscription Plan you choose.
• Your total price will include the price of the Subscription Plan plus any applicable taxes; such taxes are based on the bill-to address and the tax rate in effect at the time of purchasing the Subscription Plan.

• 5.1.2 Renewal Fees

  Your Subscription Plan will renew automatically, unless Animaker terminates it or you terminate this Agreement pursuant to Section 5 or downgrade your subscription to a free account.You must cancel your Subscription Plan before it renews in order to avoid billing of subscription fees for the renewal term.

• 5.1.3 Fees in the Event of Downgrade

  To downgrade your subscription to a free account, you can use Change of your Subscription Plan in your account page. The change will become effective at the end of your subscription period. You must continue to pay all fees that come due during the remainder of your Subscription Plan.

• 5.1.4 Termination Services

  If you fail to timely pay the applicable fees, Animaker may suspend or terminate your access to either the Animaker Services or certain features of the Animaker Services by downgrading you service to a free account. You agree to promptly pay Animaker in the event of any refusal of your Credit/Debit card issuer to pay any amount to Animaker for any reason. You agree to pay all costs of collection, including attorneys' fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Animaker may suspend or terminate your access to the Animaker Services and delete your Videos.

• 5.1.5 Late Payment

  Any amounts not paid when due are subject to an interest charge at a rate of 1.5% or the maximum rate permitted by law, whichever is less.

• 5.1.6 Hold Harmless

  You are responsible for, and will indemnify and hold Animaker harmless from, payment of all taxes (other than taxes based on Animaker's net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Animaker under this Agreement or the delivery or license of the Animaker Services or use of the Animaker Services or provision of any related services. You will make all payments to Animaker free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Animaker will be your sole responsibility, and you agree to provide Animaker with official receipts issued by the appropriate taxing authority, or such other evidence as Animaker may reasonably request, to establish that such taxes have been paid.

• 5.2 REFUND

  a) If the service becomes unavailable at anytime because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest.
• b) There shall be no refund for partial months of service, upgrade or unused months.
• c) Prices for all the services offered by Animaker may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

• 6. TERM AND TERMINATION

• 6.1 TERM

  This Agreement begins and binds upon you on the day you successfully register with Animaker and continue till the end of the subscription term, depending upon the Subscription Plan you choose.

• 6.2 RENEWAL

  If you give a notice of non-renewal of Paid Account to Animaker, your account will by default be downgraded to Free Account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

• 6.3 TERMINATION

  Animaker may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement.

• 6.4 EFFECT OF TERMINATION

  In the event of termination or expiration of this Agreement, you must immediately cease all use of the Animaker Services. Apart from which, upon termination of your subscription and except for the license to distribute your videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Animaker may, at its option, block your access to the Services and/or delete your content and videos from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement.

• 6.5 CANCELLATION BY USER

• Should you wish to terminate this Agreement, you must email your notice of termination to the email address: help@animaker.com . In the event of your termination pursuant to this Section, a. this Agreement will terminate at the end of then-current term; b. you must continue to pay all fees that come due during the remainder of this Agreement.

• 7. INTELLECTUAL PROPERTY

• 7.1 INTELLECTUAL PROPERTY RIGHTS NOT WAIVED

  You agree that the Animaker Services, including but not limited to Animaker products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Animaker Services, contains proprietary information and material that is owned by Animaker and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Animaker Services in compliance with this Agreement. No portion of the Animaker Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Animaker Services in any manner, and you shall not exploit the Animaker Services in any unauthorized way whatsoever, including, but not limited to, by trespass.
• You may make a single print copy of any Animaker text, photographs, images, illustrations, video clips, audio clips, and graphics, provided by us on the Site and/or via the Animaker Services for personal, non-commercial use only, provide that you neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from such materials. You may not archive or retain any of the foregoing materials accessed on the Site or via the Animaker Services without our express written permission. All requests for archiving, republication or retention of any part of the foregoing materials must be in writing to us and must clearly state the purpose and manner in which the foregoing materials will be used. Requests for permission to archive, retain, or republish any part of the foregoing materials may be submitted via email to info@animaker.com.
• Notwithstanding any other provision of this Agreement, Animaker and its licensors reserve the right to change, suspend, remove, or disable access to any Animaker products, content, or other materials comprising a part of the Animaker Services at any time without notice. In no event will Animaker be liable for making these changes. Animaker may also impose limits on the use of or access to certain features or portions of the Animaker Services, in any case and without notice or liability.
• All copyrights in and to the Animaker Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Animaker and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANIMAKER SERVICES, EXCEPT FOR USE OF THE ANIMAKER SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
• Animaker, Animaker’s logo, and other Animaker trademarks, service marks, graphics, and logos used in connection with the Animaker Services are trademarks of Animaker Inc. in the United States of America and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Animaker Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
• As an Account holder of the Animaker Services in good standing, you may be provided with access to download certain videos created by you using Animaker Services. Such access is provided as an accommodation only, and Animaker does not warrant, and will not have any liability or responsibility for, such art or your use thereof. You may access videos for which you are the lawful owner of a legal copy. Access is provided for personal and commercial use depending upon your subscription plan. You agree that you will not use Animaker Services in any manner that would infringe or violate this Agreement or the rights of any other party, and that Animaker is not in any way responsible for any such use by you.

• 7.2 FEEDBACK

  You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
• If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the content for that user's personal use.
• Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Animaker or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.

• 8. CONFIDENTIALITY

  You hereby acknowledge and agree that all information, written and oral, concerning Animaker Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Animaker, to anyone other than Animaker's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section.

Please see our Privacy Policy for detail on what confidential information we collect from our users, how we use such information, and with whom we share it.

• 9. Third-Party Advertisements, Promotions, and Links

• 9.1 Third Party Advertisements and Promotions

  We may, from time to time, run advertisements and promotions from third parties on the Site or via the Animaker Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or via the Animaker Services.

• 9.2 Use of Third-Party Tools

  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use of optional tools by you, as offered through the Site or via the Animaker Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
• We may also, in the future, offer new services and/or features through the Site or via the Animaker Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms, unless otherwise, these features come with their Terms of Service and/or Privacy Policy.

• 9.3 Third-Party Links

  Certain content, products and services available via our Site or the Animaker Services may include materials from third parties.
• Third-party links on the Animaker Services may direct you to third-party Websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites and/or services, or for any other materials, products, or services of third parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the services. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

• 10. DISCLAIMER OF WARRANTIES, LIABILITY LIMITATION

  10.1 ANIMAKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ANIMAKER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ANIMAKER MAY REMOVE THE ANIMAKER SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ANIMAKER SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
• 10.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ANIMAKER SERVICES IS AT YOUR SOLE RISK. THE ANIMAKER SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ANIMAKER SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY ANIMAKER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
• 10.3 WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE ANIMAKER SERVICES OR SITE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE ANIMAKER SERVICES OR THE SITE.
• 10.4 IN NO CASE SHALL ANIMAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ANIMAKER SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ANIMAKER SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANIMAKER SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANIMAKER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
• 10.5 ANIMAKER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ANIMAKER SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANIMAKER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
• 10.6 ANIMAKER DOES NOT REPRESENT OR GUARANTEE THAT THE ANIMAKER SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ANIMAKER DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS AND/OR SERVICES MAY BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT.
• The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.

• 11. WAIVER AND INDEMNITY

  By using the Animaker Services, you agree, to the extent permitted by law, to indemnify and hold Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of or related to your breach of this Agreement, your use of the Animaker Services, your use of third-party services, products, links, advertisements, and/or tools, your violations of any third-party rights, including third-party intellectual property rights, the unauthorized use of the Animaker Services by any other person using your information, your interaction with other users, and or any action taken by Animaker as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Animaker service, or to take any other action during the investigation of a suspected violation or as a result of Animaker's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

• 12. MISCELLANEOUS

• 12.1 GOVERNMENT RESTRICTIONS

  You may not export or re-export any of your content, and Animaker services except in compliance with the laws of United States of America. The foregoing and all accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the Government of the United States of America is governed solely by the terms of this Agreement.

• 12.2 ASSIGNMENT

  Without prior consent of Animaker you may not transfer or assign your rights granted under this Agreement, in whole or in part, except in connection with a merger, acquisition or sale of all or substantial assets to which this agreement relates. You agree to inform Animaker of other party involved in any Merger or Acquisition. Animaker may freely transfer or assign its rights under this agreement. If you purchase a "Transfer Rights" license or if otherwise expressly authorized by your Paid account or higher subscription, you may assign or otherwise transfer the right to distribute your videos to third parties, subject to you following the procedures and terms outlined by Animaker for the transfer and the assignee separately agreeing with you in writing to be bound by this Agreement. Upon such an assignment or transfer, you may not retain any rights to use that Video further.

• 12.3 JURISDICTION/DISPUTES

  This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

• 12.4 ARBITRATION

  Any and all claims and disputes arising under or relating to this Agreement and/or the Animaker Services are to be settled by binding arbitration in the State of California, United States of America. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently been discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.

• 12.5 SUCCESSORS

  The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

• 12.6 WAIVER

  No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

• 12.7 SEVERABILITY

  If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

• 12.8 INTEGRATION

  This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

• 12.9 FORCE MAJEURE

  We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

• 12.10 AFFILIATE DISCLOSURE

  We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Site and/or the Animaker Services. Because of this relationship, we may earn a commission on products purchased by a user from a third-party affiliate.

• 12.11 AUTHORITY

  Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.

• 12.12 Rights of Third Parties

  These Terms do not give any right to any third party unless explicitly stated herein.

• 12.13 Relationship of the Parties

  The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.

• 12.14 NOTICES

  Except as explicitly stated otherwise, any notices shall be given by postal mail to Animaker, Inc., at 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America and in the case of any user, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.

Privacy Policy

• About Animaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Animaker” refers to the following:
• - Animaker English language website accessible through the URL https://www.animaker.com
• - Animaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Animaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Animaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Animaker website anonymously without logging in or purchasing a subscription on Animaker.
• Note: To know more on Animaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Animaker English website, accessible through the URL https://www.animaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Animaker’s other language websites.

• About Animaker Privacy Policy:

  Animaker Privacy Policy applies to all Animaker websites operated by Animaker Inc. Animaker Privacy Policy governs the collection and use of your data by Animaker.

• Questions on Animaker’s Privacy Policy:

  If you have questions regarding Animaker Privacy Policy, please email us at info@animaker.com or send a written letter to: Animaker Inc. 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.

• What Data Do We Collect from You?

  Depending on how you use our website, we collect different types of data:
• As a Visitor: You access our website anonymously without logging in or purchasing a subscription on Animaker. We will not ask you to provide us with any information.
• As a Free User: You sign up for a free subscription and become a Free User of our website. We will ask you to provide us with certain Personally Identifiable Information or PII. PII is used to create your account. PII enables you to use our website.
• As a Paid User: You purchase a subscription and become a Paid Subscriber. We will require your PII and Payment Data. This will enable us to process your purchase.
• Please review Animaker Data Policy, for more information on our data collection and processing.

• Does Animaker use Cookies?

  Yes. Animaker uses Cookie Data to recognize and remember the following:
• The type of browser you used to login to our website.
• Date and time you logged in to our website.
• Your preferred browser language.

• Animaker uses Cookie Data to help save your website preferences for future visits.

• Animaker uses Cookie Data to compile aggregated data about site traffic and site interactions.

• Animaker uses Cookie Data to offer better website experiences and tools in the future.

• What Do We Use Your Data For?

  User Data that we collect will be used in the following ways:
• To Provide Access to Animaker Features: To provide you access to the features that come with the plan that you had subscribed and paid for.
• Animaker Website Enhancement: We continuously strive to improve the Animaker website features based on the information and feedback we receive from you.
• User Communication: Animaker shares it’s newsletter and promotional communications through email. These email contains information and updates pertaining to your subscription. If a User no longer wishes to receive Animaker’s newsletter and promotional communications, User may Opt-Out of receiving them by clicking on the “Unsubscribe" link which appears at the bottom of every email we send you. However, it should be noted that Users may be unable to Opt-Out of certain important Animaker related communications.
• Please review Animaker Data Policy, for more information on our data collection and processing.

Do We Disclose Any of Your information to Outside Parties?

• 3rd Party Service Providers:

• Yes. Animaker shares User Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Animaker, Animaker may transfer some of User’s necessary information to them, for them to perform such service. Animaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• Other Specific Providers:

• In certain circumstances, we may also disclose your information to other outside parties. This could happen if:

• We believe that, under the specific circumstances, releasing such information will be appropriate in order to comply with laws and regulations applicable to us;

• We want to protect our legitimate interest and in order to do so we would need to disclose your information, and only after we made sure that we cannot protect our interest without disclosing your information;

• We need to protect your interests or another individual’s vital interests.

• No information will ever be provided to outside parties for marketing, advertising or other such uses without your consent, or where we are obliged to disclose such information by law.

• Does Animaker offer 3rd Party Links?

  Yes. Animaker does offer 3rd party links on its blog. Animaker blog writers take extraordinary caution in recommending only those websites that are safe to visit. These websites are chosen in such a manner that they add value to what is already being shared on the blog post. However, please keep in mind, clicking on links that take you out of Animaker website, and into other websites comes with its own risks. Please be cautious in sharing your information on these websites that you are visiting.

• Your Rights

• Right to Lodge a Complaint

• If you believe that your right to data protection and privacy has been infringed by us in any way, you may contact the relevant supervisory authority in the place where you reside. You may also reach out to us by emailing us @ info@animaker.com and seeking more information on the same. future:

• Right to Access / Right To Rectification

• Animaker makes good faith effort to provide Users with access to User Data for viewing, editing and removal upon request.

• Animaker provides Users the means to edit User Data if it is inaccurate.

• Animaker deletes User Data on User’s request, if it is not otherwise required to be retained by law or for legitimate business purposes.

• Users may access, review, correct, update, change or delete their User Data at any time.

• Users may access their data using features available within Animaker by signing in to their account to make the desired changes.

• Users may access their data, by emailing Animaker Support team at info@animaker.com with your Animaker Account Login User ID, your name and the specific data to be accessed, corrected or removed.

• Animaker may decline to process User Data access requests that are unreasonably repetitive or systematic, require disproportionate technical effort. For instance, requests concerning User Data residing on backup tapes, jeopardise the privacy of other Users, would be extremely impractical, or for which access is not otherwise required.

• In any case where Animaker provides access and facilitates correction, the service is provided free of charge, except if doing so would require a disproportionate effort.

• Please note that if a User deletes their User Account or Animaker terminates a User’s access to Animaker in accordance with Animaker Terms of Service Agreement the User may no longer have the ability to access or update their User Data.

• Right to Be Forgotten/Erasure

• User may trigger an Animaker Account Deletion request by following either of the following processes:
• Click on Delete Account button located within their My Account page.

• Email Animaker Support team using the email address: info@animaker.com using the Subject line “Account Deletion”. Animaker will respond to all Account Deletion requests within 30 days. Despite deletion request from a User, Animaker may retain User's PII for the following reasons:

• To comply with a legal obligation.
• For public health purposes in the public interest.
• For archiving purposes in the public interest.
• For scientific research.
• For historical research.
• For statistical purposes.
• For the defense of legal claims.

• Right to Data Portability

• You have the right to ask us to provide a copy of your information to another entity or a service provider, in the event that you wish to move your account to them. If you wish to have such a copy, please contact us at info@animaker.com and we shall provide it to you in an electronic and machine readable form so that you may transmit such information to another entity. If it is technically feasible and should you wish, we will transfer such information directly to such another entity at your request. Please be advised we will not be able to provide you with such a copy or transfer such information to such an entity if it would adversely affect the rights and freedoms of other Users.

• Data Sharing:

• Animaker does not sell, trade, share or transfer User Data to 3rd parties except in the following limited circumstances:

• Animaker may share User Data with our subsidiaries and affiliates and 3rd party service providers.
• Animaker may share User Data for marketing or advertising of Animaker.
• Animaker may share User Data with its service providers for direct emailing of its newsletters or notifications of Animaker.
• Animaker may share User Data with a 3rd party, after obtaining prior consent from respective User(s).
• Animaker may share User Data with its partners who offer Services to Users jointly with Animaker.
• Animaker may share User Data to process payments.
• Animaker may share and/or transfer User Data, if Animaker becomes involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of its assets.
• Animaker may share User Data with service providers and government entities to detect, prevent, or otherwise address fraud or security or technical issues.
• Animaker may share User Data when it has a good faith belief that access, use, preservation or disclosure of such User Data is reasonably necessary to accomplish the following:

• (a) Satisfy any applicable law, regulation, legal process or enforceable governmental request;

• (b) Enforce Animaker Terms of Service Agreement, including investigation of potential violations thereof;

• c) Protect against imminent harm to Animaker rights, property or safety, or that of Users or the public as required or permitted by law;

• Animaker may share aggregated or anonymized User Data with 3rd parties for other purposes. Anonymized User Data does not identify Users individually, but may include usage, viewing and technical data such as the types of services, Animaker Users generally use, the configuration of their computers, and performance metrics related to the use of Animaker which Animaker has collected.

• Data Security:

• The security of User Data is important to Animaker.
• Animaker has in place, physical, electronic, and procedural safeguards designed to protect User Data.
• Sensitive User Data like passwords and CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology.
• All sensitive information, including credit card details, is transmitted via Secure Socket Layer (SSL) technology, and then encrypted into our payment gateway providers database, which is only accessible to those authorized with special access to each system.
• No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Animaker strives to protect User Data, Animaker cannot guarantee its absolute security.
• Animaker shares limited access to User Data with its employees, in order to provide relevant Services to Users. However, such privileged access comes with strict controls and logs monitoring the employee’s use.

• Data Retention

• Animaker may retain User Data:
• As necessary to support Animaker.
• To comply with Animaker’s own legal obligations.
• To resolve disputes.
• Any content posted by Users, may remain on Animaker, even after the User ceases using Animaker or even after Animaker terminates their access to Animaker’s Services.

• Users Under the Age of 13

• Animaker is not for use by Users under the age of 13.
• Animaker will not and does not ask for, or knowingly collect any Data from Users under the age of 13.
• Visitors to our website under the age of 13 or younger, will not be required to disclose their personal data.
• Student Users under the age of 13 accessing Animaker and/or any other subdomain, under the direction of a school project, will have to provide the contact details of their teacher, rather than their own personal data.
• If you are under the age of 13, you should not attempt to send or send any Data, including, but not limited to, about yourself to Animker, including your name, address, telephone number, or email address.
• If you are a parent or legal guardian or teacher of a User under the age of 13 and believe that Animaker might have any Data from or about a User under the age of 13, please email us at info@animaker.com In the event that we become aware by confirmation, that we have collected any Data from any User under the age of 13, we will delete that Data promptly and inform you of the details.

• Changes to Animaker Privacy Policy:

• Animaker reserves the right to change Animaker Privacy Policy at any time.

• If and when the changes are made, the “Last Edited” date on this page will reflect the same.

• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant webpages within Animaker.

FAQ

Data Policy

• About Animaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Animaker” refers to the following:
• - Animaker English language website accessible through the URL https://www.animaker.com
• - Animaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Animaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Animaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Animaker website anonymously without logging in or purchasing a subscription on Animaker.
• Note: To know more on Animaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Animaker English website, accessible through the URL https://www.animaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Animaker’s other language websites.

• Animaker Data Policy:

• Animaker Data Policy applies to all Animaker websites operated by Animaker Inc.
• Animaker Data Policy is to share information with Animaker Users on User Data Collection and Management.
• Animaker Data Policy applies solely to User Data collected by Animaker.
• Animaker is not responsible for privacy policies and legal terms of service of 3rd party Websites, even if they are affiliated with Animaker through a partnership or otherwise.
• Animaker encourages Users to familiarize themselves with the privacy policies and legal terms of such 3rd party Websites to determine how they handle Data, that they collect on their own, with or without any assistance from Animaker.
• Animaker contain features that enable Users to post reviews, comments or other content that is publicly viewable. Users should be aware that any Data that they submit as part of these posts can be read, collected, or used by other Users or Visitors to Animaker, and could be used to send unsolicited messages to Users.
• Animaker may also contain links to 3rd party Websites. Animaker is not responsible for User Data chosen by the User to publicly post on 3rd party Websites, other than Animaker.
• Please be aware that Animaker may not be able to warn Users, when they choose to click through to visit other Websites, while using Animaker.

• Questions on Animaker’s Data Policy:

  If you have a question on Animaker Data Policy, please email us at info@animaker.com or send a written letter to: Animaker Inc. 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.

• User Cookie Data:

  For more on User Cookie Data, please review Animaker's Cookie Policy..

• User Payment Data:

• 1. How is User Payment Data Collected?

• Animaker collects User Payment Data as and when Users subscribe to any of the paid plans offered by Animaker using the following services:
• 1. Payment Page when upgrading to paid plans.
• 2. Existing users may change their payment data by accessing the Payment Tab within User’s My Plan Page.

• 2. How does Animaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users sharing their Payment Data with Animaker.

• 3. Can Users Opt-Out of having their Payment Data collected?

• Yes. Animaker provides Users the opportunity to “Opt-Out” of having their Payment Data collected. However, User Payment Data is mandatory to pay for any paid subscriptions and use Animaker’s paid Animaker.

• 4. Can Users View or Edit their Payment Data?

• Yes. User may view their Payment Data shared with Animaker, any time. User may use the editing features available to edit their Payment Data.

• 5. How does Animaker use User Payment Data?

• When Users pay for any of the Animaker paid subscription plans, Animaker shares the User’s online Payment (Credit Card/Debit Card) with its payment processing partner, Braintree Payment Gateway (“Braintree”).

• 6. What is Braintree Payment Gateway?

• Braintree helps businesses accept and process online payments. Braintree processes User Payment Data through their Braintree Checkout service. Please click here to access Braintree’s Websites: https://www.braintreepayments.com

• 7. How does Braintree store the User Payment Data?

• Braintree stores User Payment Data partially based on Payment Card Industry (PCI) compliance. Braintree commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.

• Please click here to access Braintree’s Terms of Service: https://www.braintreepayments.com/legal

• Please click here to access Braintree’s Privacy Policy: https://www.paypal.com/webapps/mpp/ua/privacy-ful

• 8. How does Animaker protect User Payment Data?

• Sensitive User Data like CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology.
• However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure.
• Therefore, while Animaker strives to protect User Payment Data, Animaker cannot guarantee its absolute security.

• User's Personally Identifiable Information, referred to as User PII:

  The following PII is voluntarily shared by the User with Animaker:

• 1. First and Last Name

• 2. Home Address

• 3. Work Telephone Number

• 4. Websites/Blog URLs

• 5. Industry

• 6. Organization

• 1. How is User PII collected?

• Users share their PII with Animaker through a Data collection form, when they register to use Animaker. User PII is also collected, when Users voluntarily provide their PII via email or via Animaker’s messaging platforms.

• 2. How does Animaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users voluntarily sharing their PII with Animaker. None of the User PII is mandatorily collected from Users.

• 3. Can Users Opt-Out of having their PII collected?

• Yes. Animaker provides Users the opportunity to “Opt-Out” of having their PII collected. It is not mandatory. However, it should be noted, that if Users Opt-Out, Animaker may not be able to provide certain services.

• 4. Can Users View, Edit or Remove User PII?

• Yes. User may view their PII shared with Animaker, any time. User may use the editing features available to edit or remove their PII, any time.

• 5. How does Animaker use User PII?

• Animaker uses User PII to provide, maintain and improve its Animaker, including to operate certain features and functionality of Animaker.

• Animaker remembers an User accessing Animaker using their previously shared PII, so that the User does not have to re-enter it every time during their visits. Animaker uses User PII to process and respond to User inquiries and deliver high quality Animaker. Animaker uses User PII to communicate directly with Users, including by sending newsletters, promotions and special offers on new products and Animaker.

• 6. How does Animaker protect User PII?

• User Data is protected in a secured manner using industry-standard Transport Layer Security (TLS) encryption technology. However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Animaker strives to protect User Data, Animaker cannot guarantee its absolute security.

• 7. Does Animaker share User PII with any 3rd Party?

• Yes. Animaker shares Cookie Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Animaker, Animaker may transfer some of User’s necessary information to them, for them to perform such service. Animaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• 8. How does Animaker store all User Data?

• Data is hosted with data centers qualified by global IT standards and regulations. All personal data is stored and transferred in compliance with applicable global regulations. User authentication and profile data is collected and processed within Amazon Web Services(AWS). These services comply with recommended global security standards, and have necessary measures instituted for the protection of data.

• Changes to Animaker Data Policy:

  Animaker reserves the right to change Animaker Data Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Animaker.