Terms of Service
Motionscribe (“we”, “our”, “us” and “motionscribe.com” (the “Site”)) is an app that lets you (“your”, “yours”, the “user”) author and share promotional videos (“documents”, “projects”).
The following terms and conditions govern all use of the Site and all content, services and products available at or through the Site, including, but not limited to, free accounts and paid customers. Content displayed on the Site (the “Site Content”), excluding documents created by Users, have copyrighted protection under the laws of the United States and other copyright laws and Motionscribe is the sole exclusive owner of such Site Content. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Site Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any Motionscribe logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in and to the Site Content, and any copies or portions thereof, shall remain in Motionscribe and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an account (as applicable), Motionscribe hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site.
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by Motionscribe, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old and you represent that you are over the age of 13 and have the power, authority or consent to enter into and perform your obligations under the Agreement.
Your Motionscribe Account, Documents and SiteIf you create an account on the Site, you are responsible for maintaining the security of your account and your documents, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the documents. You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an account including credit card information (if applicable), (b) authorize Motionscribe to charge your credit card for all fees, as applicable, and (c) not describe or assign keywords to your documents in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Motionscribe may change or remove, in its sole discretion, any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Motionscribe liability. You must immediately notify Motionscribe of any unauthorized uses of your documents, your account or any other breaches of security. Motionscribe will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If you provide any information that is untrue, inaccurate, not current or incomplete, or Motionscribe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Responsibility of ContributorsIf you operate an account with documents, comment on a documents, post, upload or display material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By using the Service and/or making Content available, you represent and warrant that:
- the posting, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (a) received permission from your employer to post or make available the Content, including but not limited to any software, or (b) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- your use of the Service and/or your Content is not harmful, abusive, harassing, obscene, libelous, fraudulent, deceptive or pornographic, does not contain threats or incite violence, and does not violate the legal, privacy or publicity rights of any third party;
- your documents are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content does not adversely affect or reflect negatively on Motionscribe’s goodwill, name or reputation or causes duress, distress or discomfort to Motionscribe or anyone else, or discourage any person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site;
- you will not act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation;
- your documents are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your document URLs or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Motionscribe or otherwise.
Payment and Renewal
- Lemon Squeezy
Our order process is conducted by our online reseller lemonsqueezy.com (“Lemon Squeezy”). Lemon Squeezy is the Merchant of Record for all our orders. Lemon Squeezy handles all customer service inquiries and returns. For further information, please see lemonsqueezy.com.
- General terms
By selecting a paid account you agree to pay Motionscribe the one-time, monthly or annual fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid account and will cover the use of that service for the period as indicated. You represent and warrant that you are authorized, or have the permission of the authorized signatory of the credit card or charge card provided to Motionscribe, to pay any fees incurred from use of the Services.
We offer refunds within the first 15 days of purchase. If you are unsatisfied with your purchase, please contact firstname.lastname@example.org within that time period to receive a full refund. Your access to Motionscribe will be immediately suspended when a refund is issued and any ongoing subscription will be canceled. You will receive an email from Motionscribe confirming that your subscription has been cancelled. After 15 days, no refunds will be issued.
Responsibility of Site VisitorsMotionscribe has not reviewed, and cannot review, all of the material, including User Content, documents and computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. Any opinions expressed on the Site are the personal opinions of the original author and not of Motionscribe, even though the original author may be employed by Motionscribe. By operating the Site, Motionscribe does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Motionscribe disclaims any responsibility, and you agree that Motionscribe is not responsible or liable, for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other WebsitesWe have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Motionscribe links, and that link to Motionscribe. Motionscribe does not have any control over those non-Motionscribe websites and webpages, and is not responsible for their contents or their use. By linking to a non-Motionscribe website or webpage, Motionscribe does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Motionscribe disclaims any responsibility for any harm resulting from your use of non-Motionscribe websites and webpages and you agree that Motionscribe is not (a) liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites, and (b) responsible for any form of transmission received from any link, nor is Motionscribe responsible if any of these links are not working appropriately.
Copyright Infringement and DMCA PolicyAs Motionscribe asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Motionscribe violates your copyright, you are encouraged to notify Motionscribe as stated herein. Motionscribe will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Motionscribe will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Motionscribe or others. In the case of such termination, Motionscribe will have no obligation to provide a refund of any amounts previously paid to Motionscribe. To make a claim, please provide the following:
- A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- A description of the copyrighted work or other intellectual property that You claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Motionscribe to locate the material;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at email@example.com.
Intellectual PropertyThis Agreement does not transfer from Motionscribe to you any Motionscribe or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Motionscribe. Trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Motionscribe or third-party trademarks.
AdvertisementsMotionscribe reserves the right to display advertisements on your documents unless you have purchased a paid account.
ChangesMotionscribe reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Motionscribe may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TerminationMotionscribe may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Motionscribe account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, waiver and release, indemnity and limitations of liability.
Disclaimer of WarrantiesThe Site is provided “as is”. Motionscribe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Motionscribe nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. MOTIONSCRIBE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Waiver and ReleaseYou agree that neither Motionscribe nor its officers, directors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Services or the Site. You specifically acknowledge that Motionscribe shall not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against Motionscribe, its officers, directors, employees, agents, licensors or suppliers (including, but not limited to, claims based upon the negligence of Motionscribe, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the Site or the Services.
Limitation of LiabilityNotwithstanding the foregoing paragraph, in no event will Motionscribe, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental, punitive or consequential damages; (b) the cost of procurement for substitute products or services; (c) for interruption of use or loss or corruption of data; or (d) for any amounts that exceed the fees paid by you to Motionscribe under this agreement during the twelve (12) month period prior to the cause of action. Motionscribe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
IndemnificationYou agree to indemnify and hold harmless Motionscribe, its officers, directors, employees, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use (or by any person accessing the Site using your account) of the Site (including infringement of third parties’ worldwide intellectual property rights), including but not limited to your violation of this Agreement.