Welcome to MangoAnimate.com ("MangoAnimate", "Company","Platform" or "Site", "Website").
These terms of service (the "Terms", "Agreement") govern your access to MangoAnimate's application and services ("Services", or "Service"), so please carefully read them before using the Services.
Under this agreement, (i)"Services" shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those listed at this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a computer software, a mobile application, on your cell phone or otherwise; (ii) "Published Content" means digital assets uploaded and published via the Services; (iii) "Pre-Publication Assets" means raw editorial content (e.g., text, images, layout information) uploaded to our Platform; (iii) "User Submissions" means Published Content and Pre-Publication Assets, collectively, and also means each and every item of content or other materials (including but not limited to images, links, documents, text, writings, photographs, graphics, videos, greeting cards, "Skins", "Sketches", or files) uploaded by a user through the Service or otherwise integrated into the Service by a user; (iv) "User Created Art" shall mean any intellectual property created by a user as part of his or her use of the Services.
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
By accessing and using our website and Services, you agree to the Terms that are subject to MangoAnimate’s Master Terms of Service ("Master Terms") which are incorporated by reference, and you further agree to comply with all these provisions and terms.
These Terms apply to your use of our website as well as other pages, information, software, services, products and contents which may be operated, hosted or managed by MangoAnimate or its affiliates. Some of these products and services may require your use of an Account (the "Account"), and these terms contain terms which are applicable to the use of such products and services. By using our Services or by completing the registration process to obtain and use an Account, you agree to be bound by this Agreement for as long as you continue to be a member. If you do not agree to this Agreement, please do not register with our Website or otherwise access or use our Website.
You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with MangoAnimate and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features.
If you breach any of the Terms in these Terms of Services, your authorization to use our Services automatically terminates.
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and to display the Results of such Service ("Proprietary Format"). You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
The Company grants you a limited revocable license to post a copy of the Proprietary Format, on your own personal web site or on a third party web site that complies with all applicable laws and these Terms of Service.
Finally, the Company reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, without liability.
You represent and agree that:
● you are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
● the Service requires all persons to be at least 13 years old before they create an account. If you are between age 13 and the age of majority where you reside, your legal guardian must review and agree to the terms of service. Creating an account using false information is a violation of our terms;
● you will be bound by any additional rules or policies published within or with respect to any application ("app"), forum, contest, or game provided in the Services;
● except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Services without the express prior written permission of the Company;
● any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyright or other intellectual property rights;
● any User Submissions is your original work and your contribution to the User Submissions does not violate any third party’s privacy rights, publicity rights, copyright or other intellectual property rights;
● you agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art and User Submissions;
● you have the right to display each and every item of User Created Art and User Submissions which you have released through the Services, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
● you do not rely on the Company to monitor or edit the Services;
● the Services may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
● you comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post.
You may browse the Website without creating an account, subject to these Terms. We will record basic analytics info for improving our service, you can learn more in our Privacy Policy.
In order to use the full features of the Service, you must register for an account or log into the Service using your Facebook login or login to another third party social media platform that we support ("Integrated Service"). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, of that Integrated Service. When you use the Service to upload, download, or purchase content or any products, services, or information, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify us. You are solely liable for the losses incurred by MangoAnimate or others due to any unauthorized use of your Service account.
All MangoAnimate accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your MangoAnimate account.
Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to MangoAnimate, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
You can use the Service only to the files created by MangoAnimate's services, like HTML, SWF, ZIP, EXE, APP,MP4, "files", "mobile" folders, or related files you used in your created, like images, sounds, videos, etc.
If you use the Service to host other files, we may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content from our Service at our discretion.
We reserve the right to suspend or end the Services account at any time, with or without cause, and with or without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You will not be credited for the time your createworks were suspended. Though we’d much rather you stay, you can stop using the Services any time.
Some portions of the Service may have fees associated with them (each, a "Paid Service"). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Service at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars. One such Paid Service may be the Digital Sales Feature, further described in Section 14 below.
We may make available a free trial for a Paid Service without charge to you ("Free Trial"). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 3.2, at the end of the Free Trial unless you log into your account and cancel the Paid Service before the end of the Free Trial.
You are solely responsible for paying all fees and applicable taxes associated with your Services account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize MangoAnimate or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
For purchases of subscriptions to Paid Services:
● Your "Subscription Billing Date" is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.
● For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be not charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will still be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date.
You agree that our 3rd party payment processors shall be permitted to charge your credit card monthly in advance of providing the Service if you choose monthly payment mode. The Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by our 3rd party payment processors may be turned over to an outside collection agency for collection.
For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period’s (i.e., month’s or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Warning: termination of subscription will disable your Published Content, If your Published Content has been disabled for one year and you still do not renew the service, your Published Content will be deleted automatically by our system.
You acknowledge and agree that any credit card and related billing and payment information that you provide to MangoAnimate may be shared by MangoAnimate with companies who work on MangoAnimate’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to MangoAnimate and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your MangoAnimate account upon demand, (ii) MangoAnimate may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) MangoAnimate reserves the right to either suspend or terminate your access to one or more MangoAnimate Services or your account with MangoAnimate. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the MangoAnimate Service before termination.
Any fees charged to your account are non-refundable except as expressly stated in these Terms. If you or we cancel your subscription, you are not entitled to a refund of any subscription fees that were already charged for a subscription period that has already begun. You agree to submit any dispute regarding any charge to your account in writing to MangoAnimate within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of MangoAnimate.
You are responsible for paying any governmental taxes imposed on your use of the MangoAnimate Services, including sales, use, or value added taxes. If requested, you will promptly furnish to MangoAnimate the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that MangoAnimate is obligated to collect such taxes, the Company will charge your Payment Method or otherwise add the applicable to your billing account.
By uploading Pre-Publication Assets to our Sites, you hereby grant to MangoAnimate a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on the MangoAnimate Service solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service, each individual will be required to accept these Terms.
By uploading Published Content to the MangoAnimate, you hereby grant to MangoAnimate a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through the Service. This license includes, for example, the right of MangoAnimate to engage a partner to distribute Published Content, whether or not such partner identifies MangoAnimate as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for MangoAnimate to convert your Published Content to MangoAnimate’s proprietary format, or such other file formats as may be used by MangoAnimate, and to display and make your Published Content available, in whole or in part (including excerpts), on the Service in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to MangoAnimate in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from the Service.
You are solely responsible for all of your User Submissions and you hereby recognize and affirm that the MangoAnimate Service is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize MangoAnimate and MangoAnimate’s Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by MangoAnimate and these Terms; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Services. Violators of these third-party rights may be subject to criminal and civil liability. We reserves all rights and remedies against any Users who violate these Terms.
Although MangoAnimate has no obligation to remove, screen, edit, or monitor any Published Content, MangoAnimate reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason without notice. In addition, although MangoAnimate has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, MangoAnimate reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason.
Further, you understand that when using the Service you will be exposed to Published Content from a variety of sources, and that MangoAnimate is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MangoAnimate with respect thereto. MangoAnimate does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and MangoAnimate expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, MangoAnimate may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, MangoAnimate does not permit copyright infringing activities on the Services.
As part of the Services, we may allow you to enable certain third parties such as printing houses that have contracted with MangoAnimate (each, a "Referral Partner") to upload User Submissions on your behalf. If a Referral Partner refers you to MangoAnimate, and you wish to allow such Referral Partner to upload your User Submissions, in addition to agreeing to these Terms you will be required to opt-in and agree to additional terms (via a separate sign-in process) to allow MangoAnimate to provide to such Referral Partner certain information which may include but not be limited to your API upload key, your Customer ID and other relevant information. Without limiting any other provision in these Terms, you understand and agree that MangoAnimate shall have no responsibility for the content or quality of any User Submission provided by a Referral Partner. You must provide to MangoAnimate at least thirty (30) days’ prior written notice if you wish to remove a Referral Partner from your account.
User, including Paid service User, who upload, post, or transmit prohibited content, result in service termination without prior notice. You agree not to upload, post, or transmit any following content :
● Adult Content – You are prohibited from storing or posting adult content, or links to adult content, through the Services. All material of pornographic nature is considered adult content. Online content whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
● Offensive Content – Intolerant, defamatory, stalks, abuse, harassment, invitations to fight, threatening, or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
● INTELLECTUAL PROPERTY PROVISIONS – You are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent, or copyright infringements).
● Violence Content – You are prohibited from uploading, posting, or otherwise transmitting any material that constitutes a direct threat of violence against any person or group of people;
● Hatred Content – You are prohibited from uploading, posting, or otherwise transmitting any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
● Spam Content – You are prohibited from uploading, posting, or otherwise transmitting any material that mark as "User-generated spam" by Google.
● Misleading & None-Good-Faith Content – You are prohibited from uploading, posting, or otherwise transmitting any material that conducts any misleading and none-good-faith behavior that we decide, in our sole discretion, as being improper.
● Unauthorized Personal Identical Info. You’re prohibited to upload any unauthorized Personally Identifiable Information (PII), including, but not limited to unauthorized personal images, contacts, address, emails, phone numbers, and social media accounts.
You agree not to commit any act of the following prohibited conduct:
● use the Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the Service as such services are offered by MangoAnimate;
● delete the copyright or other proprietary rights markings on the Services or other Users’ User Submissions;
● make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
● use the Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions, or National Security, or other content;
● defame, harass, abuse, threaten or defraud Users of the Services, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on Services for any commercial use, it being understood that the content available on the Services is for personal, non-commercial use only;
● rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
● impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
● hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Submissions, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or User Submissions, or intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
● reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
● modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation;
● remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), MangoAnimate brand elements, including logos, trademarks, service marks or other Materials displayed by MangoAnimate in connection with the Services in any manner whatsoever, regardless of your use of the embedding functionality of the Services to display authorized content on your or other third party sites.
● harm minors in any way;
● harvest or otherwise collect information about others, including e-mail addresses, without their consent;
● create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
● violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
● violate any Hong Kong law regarding national security;
● interfere with another User’s use and enjoyment of the Service.
Your privacy is important to us. MangoAnimate’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to MangoAnimate’s collection, use, and disclosure of your personal information. If you do not agree to Privacy Policy, please do not register with our Website or otherwise access or use our Website.
When registering for a MangoAnimate Service account, you are automatically opted-in to receive emails from us, which may include software update newsletters, announcements, and promotion emails about our software and other promotion deals from third parties. You may opt-out of emails at any time by following the instructions contained within the email, or by changing the "Notification" settings from the "Settings" menu in your Services account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Service may invite you to chat or participate in online forums, message boards or blogs and other functionality. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company ("User Emails") shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
We do not control the communications, information, or files delivered to discussion groups on MangoAnimate and on other platforms. You understand and agree that we have no obligation to monitor the Site or the use of its Service. We may monitor or review some areas on the Site where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our Site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communication made to or by means of any forum on the Site are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to MangoAnimate. Furthermore, the Company is in no way responsible for the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any forum posts, commentary, ratings or compliments made by one user about other users or groups of users, and has no responsibility to offer other users an equivalent opportunity to respond.
WE DISCLAIM ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITES OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.
MangoAnimate disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from MangoAnimate or through the MangoAnimate Service will create any warranty not expressly stated herein. You expressly acknowledge that this disclaimer includes MangoAnimate’s officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that the use of the Service is at your sole risk.
The Services and any data, information, user submissions, linked sites, products, services, or applications made available in conjunction with or through the Service are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied. MangoAnimate, its licensors, affiliates, and partners do not warrant that the data, user submissions, or any other products, services or applications offered on or through the Service or any linked sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. MangoAnimate, its licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Service or any linked sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Service or any linked sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
The branded examples showcased in home page, case study pages or other places of this website are made by MangoAnimate software, and these examples don’t represent the opinions of these brands. All trademarks, brand names, or logos mentioned or used in this website are the property of their respective owners.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, at our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We always offer a free version of the Services which can be used to test the functionality and assess the value of our product, before the acquisition of Paid Service. This is why we do not generally offer refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms. If you or we cancel your subscription, you are not entitled to a refund of any subscription fees that were already charged for a subscription period that has already begun. You agree to submit any dispute regarding any charge to your account in writing to us within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of the Company.
You may not post, modify, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow our DMCA policy.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Under no circumstances are we liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the sites or the Service, whether the damages arise from use or misuse of the site or the service, from inability to use the sites or the service, or the interruption, suspension, modification, alteration, or termination of the sites or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the sites or the service or any links on the sites. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.
If you download Software from Apple, Inc.’s App Store, you acknowledge and agree that: (a) if any third party claims that your possession or use of the Software infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; (b) Apple has no responsibility for addressing any claims relating to the Software, including: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and (c) Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
You retain full ownership to your content ("User Content"). By "User Content" we understand both, the stuff you upload on MangoAnimate ("User Submission") and the content you generated/published on MangoAnimate ("User Created Art"). MangoAnimate does NOT claim ANY ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials ("User Content") that you post on our Platform. We do, however, need you to grant us certain rights in the "User Content", so that we can incorporate such "User Content" in our Services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through MangoAnimate. By displaying or publishing any content on or through the Services, you hereby grant MangoAnimate a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly ("private") which will not be distributed outside the Services.
The materials found on the Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the site is copyright. Permission is granted to view and print materials from the Sites for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of MangoAnimate is strictly prohibited.
All materials contained on the Services are copyrighted by MangoAnimate. and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of MangoAnimate including related graphics.
MangoAnimate.com is a trademark/service mark that identifies MangoAnimate and the services provided by it. Such marks may not be used under any circumstances without the prior written authorization of MangoAnimate.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or virtual currency. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
Except as expressly provided otherwise in these Terms, you agree that MangoAnimate, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. We may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that MangoAnimate will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MangoAnimate may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the Services; (ii) any term of these Terms; (iii) any policy or practice of MangoAnimate in operating the Services; or (iv) any content or information transmitted through the Services, is to terminate these Terms and your account.
You may cancel a Paid Service at any time by navigating to your account settings within the Services and selecting the option to cancel that Paid Service. Unused fees are non-refundable and MangoAnimate reserves the right to charge you subscription fees through the end of the subscription term that you elected. If we charge you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.
You may terminate your Service account and these Terms at any time by navigating to your account settings within the Services and selecting the option to terminate your account. If MangoAnimate terminates your account for your breach of these Terms, we reserve the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If we terminates your use of any part or all of the Services prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case we may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.
You are solely responsible for your conduct, the content of your files and folders. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that the Company has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.
Files and other content in the Service may be protected by intellectual property rights of others. Please do not copy, upload or download files unless you have the right to do so. You, not MangoAnimate, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service.
You, and not MangoAnimate, are responsible for maintaining and protecting all of your stuff. MangoAnimate will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
All the content you upload will be indexed by search engines by default. If your content is diable or deleted, search engines may still include it as a search result. You agree that the Company can not control how search engines display its own search results.
All content provided within or via this Service is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
