Terms of Use

Last updated on December 9, 2019

 

PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”) CAREFULLY BEFORE USING THЕ WEBSITE OR ANY SERVICES FROM CRAFT ANIMATIONS & ENTERTAINMENT AB.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and CRAFT ANIMATIONS & Entertainment AB (“Craft”, “Craft Animations”, “Craft Animations & Entertainment AB, “US”, “WE”, “OUR”), concerning your access TO website(s) and services made available by Craft Animations, and/or its parent companies or subsidiaries.

BY ACCESSING THE CRAFT ANIMATIONS WEBSITE(S) OR USING ANY SERVICES FROM CRAFT ANIMATIONS YOU agree to BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING THE CRAFT ANIMATIONS WEBSITE(S) AND/OR ANY SERVICES FROM CRAFT ANIMATIONS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

“You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these Terms of Use), and, if you access this website on behalf of any entity (including, but not limited to, a corporation, partnership, LLC, LLP, foundation, cooperation, etc.), collectively, you and such legal entity on whose behalf you access the Craft Animations website(s) or services.

Your use of Craft Animations website(s) and services is subject to additional terms and conditions provided by Craft Animations and, subject to Craft Animations’ sole discretion, applicable to certain information, products, and services offerings available through any Craft Animations website(s) or offline. Such additional terms and conditions include, but are not limited to, EULA or other license agreements, supplementary user agreements, and the Privacy Policy and consent for linking (collectively, “additional terms”). The additional terms are hereby incorporated by reference into these Craft Animations website(s) (if there is any conflict between the additional terms and these Terms of Use, the additional terms shall prevail with respect to the subject matter of such additional terms).

 

 

Account, Password and Use

You may be required to register an account with Craft Animations in order to access certain areas of the Craft Animations website(s) or services. With respect to any such registration, Craft Animations may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Craft Animations rejects for any other reason in Craft Animations’ sole discretion.

Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Craft Animations website(s) and services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Craft Animations website(s) and services, to any third party. You are fully responsible for all interaction with the Craft Animations website(s) and services that occurs in connection with your password or username. You agree to notify Craft Animations immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Craft Animations website(s) and services, and to ensure that you “log off”(exit from your account with the Craft Animations website(s) and services (if applicable)) at the end of each session. Craft Animations is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

 

 

Purchase of Products

If you wish to purchase subscription to our products and/or services, for your convenience, we may provide links on the Craft Animations website(s) to a web store and/or pay page where you can make such purchases. Please be aware that the web store may be hosted on the Craft Animations website(s) or on a sub-domain of the Craft Animations website(s) and may be operated by a third party that is governed by such third party’s website terms and conditions, not by these Terms of Use and for which Craft Animations is in no way responsible or liable.

Your subscription period begins as soon as the licenses are sent from Craft Animations.

 

 

Payment & Cancellations

Billing

You may purchase a paid subscription for Craft Animations products directly from Craft Animations or through a third party by pre-payment giving you access for a specific time period (“Pre-Paid Period”).

Craft Animations may change the price for the paid subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Craft Animations products after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect.

 

Renewal

Unless your paid subscription has been purchased for a Pre-Paid Period, your payment to Craft Animations or the third party through which you purchased the paid subscription will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period.

 

Cancellation

If you purchased the paid subscription through Craft Animations, or if you purchased the paid subscription through a third party, by canceling the paid subscription through such third party. Refunds or credits are provided if order is canceled before licenses has been sent from Craft Animations to you or sent from third party to you. Craft Animations do not provide refunds or credits for any started subscription periods, unless agreed and approved by Craft Animations in writing.

 

Payment by credit card

We use PayPal and Stripe for processing credit card payments.

 

 

License Types

Free Version. We may designate the Services or Software as a “free,” “not for resale,” “non-commercial” or other similar designation (“Free Version”). You may install and use the limited Free Version for free. You must not use any materials you produce with the Free Version for any commercial purposes.

Commercial Version. We may designate the Services or Software as “Professional,” “Standard,” “Paid,” or other similar designation (“Commercial Version”). You may install and use the only for the period and purposes stated when we provide the NFR Version. You may use any materials you produce with the Commercial Version for commercial purposes.

NFR Version. We may designate the Services or Software as “trial,” “evaluation,” “not for resale,” or other similar designation (“NFR Version”). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes.

Prerelease Version. We may designate the Services or Software, or a feature of the Services or Software, as a prerelease or beta version (“Prerelease Version”). A Prerelease Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release a Prerelease Version. You must promptly cease using the Prerelease Version and destroy all copies of Prerelease Version if we request you to do so, or if we release a commercial version of the Prerelease Version. Any separate agreement we enter into with you governing the Prerelease Version will supersede these provisions.

Student/School License. If we designate the Services or Software as for use by educational users (“Student/School Version”), then you may only use the Student/School Version if you meet the eligibility requirements. You may install and use the Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word “country” in the prior sentence means the European Economic Area. You must not use any materials you produce with the Student/School License for any commercial purposes.

 

 

Student/School License Qualification

Qualified Educational Institutions

“Qualified Educational Institutions” include, but are not limited to, accredited public or private middle schools, high schools, junior colleges, colleges, universities, technical schools, and home school programs (belonging to a nationally recognized home-schooling body) or educational institutions approved by Craft Animations in writing.

 

Non-Qualified Educational Institutions

The non-qualified educational institutions include, but not limited to, non-accredited educational institutions, training centers, churches, hospitals, health care systems, libraries, research laboratories and re-training programs unless approved by Craft Animations in writing.

 

Qualified Student or School representative

Students or School representatives must study or be employed at a Qualified Educational Institution and may only use these licenses on a personal device for purposes directly related to learning, teaching, training, research, or development, and must be 13 years of age or older.

 

Providing Proof of being a Student or School representative

Craft Animation may require that you must provide proof (for example, one or more, but not limited to, student identification, driver’s license, official letter from the educational institution, etc) that you satisfy one or more of these eligibility requirements, and Craft Animations can reject for any other reason in Craft Animations’ sole discretion.

 

 

Third Party Sites

Links in this site may let you leave Craft Animations website(s). The linked sites are not under the control of Craft Animations and Craft Animations is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We have not reviewed all of the websites linked to our website and we are not responsible for the content of any such linked site or for content received from third parties, and for webcasting or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by Craft Animations. Use of any such linked website is at the user’s own risk. Craft Animations is providing these links to you only as a convenience. You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

 

Trademarks

The materials, information and content contained in the Craft Animations website(s) , including Programs, are and shall remain the property of Craft Animations, its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks are property of their respective owners. You are prohibited from using any trademarks appearing on the website without the prior consent of the rights holder. You are also prohibited from removing any copyright, trademark or other proprietary rights notice from the website or content, software and other materials originating from the website.

Any programs, applications, and software that is made available to download by or through Craft Animations website(s) (“Programs”) is the copyrighted work of Craft Animations, its suppliers and/or its licensors. Use of the Programs may be governed by the terms of the end user license agreement (“EULA”) or other agreement applicable to the Programs (each, a “License Agreement”). You may not install any Programs that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms.

The Programs are made available for downloading solely for use by end users in accordance with the License Agreement and/or these Terms of Use. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software.

Any reproduction, redistribution or other use or exploitation of the Programs not in accordance with the License Agreement and/or these Terms of Use is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.

Without limiting the foregoing, copying or reproduction of the Programs to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by any License Agreement accompanying such Programs.

 

Code of Conduct

А. You agree that you will not: use the Craft Animations services and/or website for any fraudulent or unlawful purpose; interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks; restrict or inhibit any other person from using the services and/or website (including by hacking or defacing any portion of the website).

  1. Voluntary Participation in Forums. “Forum” means a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, letter to Craft Animations, its employees, e-mail function or other interactive functionality offered as part of this Craft Animations website(s) and services.

Information on Craft Animations’ Forums may be provided by Craft Animations and by third party users of the Craft Animations website(s) and services. Please note that Craft Animations website(s) and services users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Craft Animations, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees (“Craft Animations related parties”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, Craft Animations and/or Craft Animations related parties are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Craft Animations and/or Craft Animations related parties, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Craft Animations and/or Craft Animations related parties.

In addition, Craft Animations and/or Craft Animations related parties have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Site. if you choose to make any of your personally identifiable or other information publicly available in a forum or otherwise on the Craft Animations website(s) and services, you do so at your own risk.

  1. License. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Craft Animations (each, a “Submission”), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Craft Animations a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sub-licenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Craft Animations website(s) and services, comply with all applicable laws, rules and regulations.
  2. Monitoring. You acknowledge and agree that Craft Animations reserves the right (but has no obligation) to do one or more of the following in Craft Animations’ discretion, without notice or attribution to you: (i) monitor Submissions as well as access to the Craft Animations website(s) and services; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Craft Animations website(s) and services; to protect Craft Animations and/or Craft Animations related parties, and the Craft Animations website(s)’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. Craft Animations disclaims any responsibility for content submitted by users on or through any area of the Craft Animations website(s) and services.

 

Charges for Use

You will not be charged for your use of the Craft Animations website(s) and services (unless otherwise clearly stated), although you should be aware that charges for internet and related appliances and services use may apply at rates determined by your provider. Craft Animations reserves the right to change the products, services, prices, and programs mentioned on any Craft Animations website(s), at any time, at its sole discretion.

 

Legal Capacity and Restrictions

If you are using the Craft Animations website(s) and services on behalf of a legal entity, you represent that you are authorized to accept these Terms of Use on behalf of such legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using the Craft Animations website(s) and services under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use the Craft Animations website(s) and services or transmit or otherwise submit personally identifiable information to Craft Animations.

You agree to require each of your employees to be bound by the terms and conditions of these Terms of Use and you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Craft Animations website(s) and services, including any breaches of these Terms of Use. All references to your access and/or use of the Craft Animations website(s) and services herein include access and/or use of the Craft Animations website(s) and services by your employees. You agree that each of your employees is responsible for maintaining the confidentiality of any password that such employee may use to access the Craft Animations website(s) or services, and you agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to the Craft Animations website(s) or services, to other employees or any third party. If an employee leaves your employ, or if you wish to disable an employee’s access to the Craft Animations website(s) and services, you are responsible for any such changes. You are fully responsible for all interaction with the Craft Animations website(s) and services that occurs in connection with passwords or usernames associated with your employees (including any former employees).

The Craft Animations website(s) and services are controlled and operated by Craft Animations from the Kingdom of Sweden, and, except as expressly set forth herein, is not intended to subject Craft Animations to the laws or jurisdiction of any other state, country or territory other than that of the Kingdom of Sweden. Craft Animations does not represent or warrant that the Craft Animations website(s) or services, or any part thereof, is appropriate or available for use in any particular jurisdiction other than the Kingdom of Sweden. In choosing to access the Craft Animations website(s) or services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.

Craft Animations’ products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

Craft Animations may limit the Craft Animations website(s) or services’ availability, in whole or in part, to any person, geographic area or jurisdiction Craft Animations chooses, at any time and in Craft Animations’ sole discretion.

 

Disclaimer

The services and the materials on Craft Animations website(s) are provided “as is”. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services or materials on Craft Animations website(s) or otherwise relating to such materials or on any websites linked to Craft Animations website(s). The materials appearing on Craft Animations website(s) could include technical, typographical, or photographic errors. We do not warrant that any of the materials on Craft Animations website(s) are accurate, complete, or current. We may make changes to the materials contained on Craft Animations website(s) at any time without notice. We do not, however, make any commitment to update the materials.

 

Limitation of Liability

In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Craft Animations website(s) and services, or any materials on our website(s), even if notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Your sole and exclusive remedy for dissatisfaction with the Craft Animations website(s) and services is to stop using them. The maximum liability of Craft Animations for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to Craft Animations to access and use the Craft Animations website(s) and services.

 

Terms of Use Changes and Your Liability

We may revise these Terms of Use for our website at any time without notice or by providing you with notice of such change by posting the revised draft of the Terms of Use on the Craft Animations website(s) or by other reasonable means selected by us. By using this website, you agree to be bound by the then- current version of these Terms of Use. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Your continued use of the Craft Animations website(s) and services after such changes will indicate your acceptance of such changes.

Craft Animations further reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. Any rights not expressly granted herein are reserved by Craft Animations.

 

Governing Law and Disputes

The validity, interpretation, construction and performance of these Terms and Conditions shall be governed by the laws of the Kingdom of Sweden.

The District Court of Göteborg, Sweden, shall have exclusive jurisdiction and venue over any dispute arising out of these General Terms and Conditions.

Contact US

Please go to Contact Us to get in contact with us, if you have any questions or similar.