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Terms of Service

Last Updated: June 22, 2026

These Terms of Service (this "Agreement") are a legally binding contract between you and Animoto Inc. ("Animoto," "we," "us," or "our").

1. Agreement to Terms

By (1) registering for an account, (2) downloading an Animoto application, or (3) otherwise accessing or using the Services, you have read these terms and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and uninstall any application from your hardware.

This Agreement applies to all users of Animoto's website at https://animoto.com, Animoto's mobile application ("Mobile App"), and Animoto's video creation, storage, and related services made available through authorized third-party websites, as well as Contributors uploading content via invitation links (collectively, the "Site" or "Services").

2. Changes to Terms

We may modify the Services or the terms of this Agreement at any time. For changes to pricing and fees, we will provide advance notice, including an advance email notification to you. For all other modifications, changes will become effective immediately upon being posted on the Site. We recommend that you review this Agreement periodically. Your continued use of the Services after modifications are posted constitutes acceptance of the modified terms.

3. Description of Services

For purposes of this Agreement, “Content” means any photographs, graphics, images, video clips, music, audio, text, metadata, URLs, website content, files, comments, contributions, profile information, and other materials that you upload, submit, provide, make available, or authorize Animoto to retrieve, access, process, or use through the Services, including any materials retrieved from URLs you provide. The Animoto Services provide Users with a video creation and hosting platform that includes: (1) automated video creation services that generate videos ("Animoto Videos") using uploaded photographs, graphics, or video clips ("Image Content") combined with selected or uploaded music tracks ("Musical Content"), and may also use uploaded text, metadata, URL-sourced content, website content, and other materials provided by Users or retrieved from URLs provided by Registered Users ; (2) a licensed content library of images and music available for use in Animoto Videos; (3) cloud-based storage, hosting, streaming, and delivery services for user content and Animoto Videos; (4) collaboration tools that allow Users to invite others to provide comments, upload content, or contribute to Animoto Videos (collectively "Comments" and "Contributions"); (5) distribution and sharing capabilities across multiple platforms and channels; (6) subscription-based and per-use pricing models with different service tiers for personal, professional, and commercial use; (7) mobile applications and third-party integrations to access these services across various platforms; and (8) AI-enabled and automated features that may retrieve, extract, analyze, process, summarize, modify, select, or incorporate Content, including Content from URLs provided by Registered Users, to generate scripts, media selections, previews, videos, and related outputs .

4. Definitions and Account Types

4.1 User Types

There are three general types of Users of the Services:

  • Registered Users: Anyone who creates an Animoto account, either directly on our website or through an authorized third-party platform that provides access to the Services.
  • Contributors: People who do not have their own account but upload photos, videos, or other content through an invitation link from a Registered User.
  • Visitors: People who visit the Site or view an Animoto Video without creating an account.

4.2 Account Plans

If you're a Registered User, your account will be one of the following. In this Agreement, "commercial purposes" means any use of an Animoto Video for commercial benefit or financial gain, whether direct or indirect.

  • Free. You can create and preview Animoto Videos with an Animoto watermark. Free accounts do not include the ability to download, share via link, or embed Animoto Videos. To access these features, you must upgrade your plan.
  • Basic. You can create, and use Animoto Videos for personal or commercial purposes without the Animoto watermark and, if included in your plan features, download Animoto Videos. If you share your videos with others, they may only use them for non-commercial purposes.
  • Professional. You can create, download, and use Animoto Videos for commercial purposes. If you share your videos with others, they may only use them for non-commercial purposes.
  • Professional Plus (formerly "Team," "Business," or "Reseller"). You can create, download, and use Animoto Videos for commercial purposes, and you can share them with others who may also use them commercially.
  • Storage. You can access, manage, and download videos and content you previously created on Animoto. Storage accounts may have limited or no access to video creation tools. See STORAGE PLAN OPTION for details.

A “Paid User” is a Registered User who maintains a current Basic, Professional, Professional Plus, or Storage subscription. A "Free User" is a Registered User who does not maintain a current, paid subscription. The plans currently offered, and the features and pricing for each plan, are described on our website. Animoto reserves the right to change, add, discontinue, or rename plans at any time. Animoto will provide reasonable advance notice of material changes to plan features or pricing in accordance with applicable law.

4.3 Third-Party Platform Access

If you access Animoto through a third-party platform (for example, an app store), that platform is not responsible for the Services or their content, and has no obligation to provide maintenance or support for the Services. Your agreement is with Animoto, not the platform. However, the platform is a third-party beneficiary of this Agreement and may enforce these terms against you. Your use of the Services is also subject to that platform's own terms of service. Animoto may make the Services available through one or more websites, mobile applications, app stores, third-party platforms, integrations, or other access channels. Animoto does not guarantee that any particular access channel, mobile application, app-store version, third-party platform, or integration will remain available, compatible, or supported. Animoto may modify, suspend, discontinue, or limit any access channel at any time, subject to any notice requirements that apply to material changes to paid plan features or pricing under this Agreement.

5. Eligibility

5.1 Age Requirements

You must be 13 years of age or older to be a User of the Services. You must be 18 years of age or older to be a Professional or Professional Plus account holder. By continuing to use the Services, you are warranting that you are at least 13 years old if you are using the Services to make Animoto Videos for personal use, and that you are at least 18 years old if you are a Professional or Professional Plus account holder. You further warrant that you have the authority to enter into these Terms of Service.

5.2 Use by Educators

5.2.1 Scope and Authority

If you use Animoto for educational or instructional purposes (whether through an "Animoto for Education" account, a Free account, or otherwise), the following terms apply to you and your school, college, university, or other educational institution ("School"). Animoto Videos created for educational or instructional use with students may only be used for personal, non-commercial purposes.

By using the Services for educational purposes, you represent and warrant that you have the authority to bind your School to this Agreement. If you do not have that authority, you may not use the Services for educational purposes on behalf of your School. You may not share your account credentials or permit any other person to access or use your account. Any student, Contributor, or other third-party participation must occur only through features made available by Animoto for that purpose, such as student accounts, invitation links, or other authorized collaboration tools.

5.2.2 Children Under 13

The Services are not intended for children under 13, and Animoto does not knowingly collect personally identifiable information ("PII") from children under 13. You may allow children under 13 to use student accounts you create only if: (a) use occurs for educational purposes under the direction and supervision of you and your School, (b) you do not permit them to provide any PII except as authorized by you or your School and only to the extent permitted by applicable law, and (c) you fully comply with all other terms of this Agreement and all applicable laws, including COPPA and FERPA. You and your School represent and warrant that you have provided all required notices and obtained all required consents, including any required verifiable parental consent or school authorization permitted under COPPA, before allowing children under 13 to use student accounts. PII, as defined by the Children's Online Privacy Protection Act ("COPPA"), includes information that specifically identifies an individual (such as name, address, phone number, email address, photograph, video, or audio recording) or information directly linked to such identifying information, including geolocation data.

5.2.3 Student Account Requirements

If you create student accounts, you and your School agree that:

  1. All student accounts will be created by you, not by students directly.
  2. You will not provide Animoto any PII about the student when creating accounts (for example, you will not use both a student's first and last name, or a photograph, video, or audio recording of a student under 13).
  3. You will closely supervise all student account activity and ensure students do not provide PII to Animoto, include PII in any Animoto Video, or disclose PII to any third party.
  4. You will ensure students do not modify their registration profiles to include PII.
  5. You and the School are responsible for ensuring all students have read and agreed to this Agreement and that all student use fully complies with it.
  6. You and the School have obtained all necessary consents (from both students and their parents) to allow the student's use of the Services and to bind students to this Agreement.
  7. You and the School are responsible for all content and activity on your account and student accounts, and for ensuring that all content, activity, and Animoto Videos comply with applicable laws and do not violate third-party rights.
  8. You and the School are responsible for ensuring all student use complies with applicable privacy and education laws, including COPPA and the Family Educational Rights and Privacy Act ("FERPA").
  9. You will ensure students do not publicly display, distribute, or share videos through social networking or other public web pages.

5.2.4 Educator Indemnification

You and the School agree to defend, indemnify, and hold Animoto harmless from all claims, liabilities, damages, losses, and costs (including reasonable attorneys' fees) arising from any breach of the obligations in this Section, including any claims that student use of the Services violates COPPA or FERPA.

6. Your Account

By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times and notify Animoto immediately if you learn of an unauthorized use of your password. You are fully responsible for activities or transactions that relate to your account or your password.

7. Payment of Fees

7.1 Subscription and Service Fees

If you are a paid User, you agree to pay all per-use fees or fees associated with your subscription, as appropriate ("Fees"). Animoto may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

7.2 Non-Payment

If, for any reason, your payment is not received by Animoto, your paid User account will revert to a Free User account until payment is received by us. Upon any such reversion, the content deletion policies applicable to Free User accounts under Content Storage and Deletion will apply to your account and any content associated with it. You agree that until your paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. If you would like to avoid a renewal of your subscription, you must cancel your subscription at least one (1) day prior to the renewal date. All payments are nonrefundable. Instituting a chargeback or dispute on an Animoto payment in a wrongful or fraudulent manner will be considered a violation of these Terms of Service.

7.3 Usage-Based Fees

Any component of the Services, including video streaming, hosting, delivery, and storage, may be subject to usage-based fees in addition to subscription fees. Usage-based fees may vary by plan type and may be based on metrics such as the number of video views, streaming volume, bandwidth consumption, hosting duration, or other usage measures as determined by Animoto. Animoto reserves the right to introduce, modify, or remove usage-based fees at any time. Animoto will provide reasonable advance notice of any new usage-based fees in accordance with applicable law. Details about any applicable usage-based fees will be available on the Site. If you do not agree to newly introduced usage-based fees, you may stop using the applicable component of the Services or downgrade your plan. If your usage exceeds applicable thresholds and you have not agreed to the associated fees, Animoto may restrict or suspend the affected component of the Services until you agree to the applicable fees or reduce your usage below the threshold.

8. Privacy and Communications

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy at https://animoto.com/legal/privacy_policy, which is incorporated by reference into these Terms of Service. You acknowledge and agree that Animoto may send you emails relating to your account and use of the Services, including transactional messages, service announcements, legal notices, changes to these Terms, billing communications, and content deletion or storage notifications. You cannot opt out of these communications while you maintain an account. Animoto may also send you promotional or marketing emails, which you may opt out of by contacting us at help@animoto.com or using the unsubscribe link in those emails.

9. Content Uploads and URL-Sourced Content

Content uploads and Content retrieved from URLs provided by Users to the Services, whether by Registered Users or by Contributors uploading via invitation links, are subject to Animoto's Upload Terms at https://animoto.com/legal/upload-terms, which are incorporated by reference into these Terms of Service. For purposes of this Agreement, Content includes materials retrieved from URLs you provide. If you invite Contributors to upload content to the Services, you acknowledge that you are fully liable for all content uploaded by such Contributors as set forth in the Upload Terms.

10. Profile and Logo Use

You hereby grant Animoto a worldwide, royalty-free license to use the information contained in your account profile, such as your name, photo, logo, or other identifiers, solely as necessary to provide, operate, and display the Services, including in your account profile, workspaces, collaboration features, shared pages, Animoto Videos, and other areas where you choose to make such information available. Animoto may identify you as an Animoto customer by name and logo on Animoto’s website and in customer lists, unless you opt out by contacting us at help@animoto.com. Animoto will not otherwise use your name, logo, or other identifiers in advertising, marketing materials, case studies, press releases, or endorsements without your prior consent.

11. Conduct

You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the site, including without limitation Image Content, Musical Content, Animoto Videos, content uploaded by Contributors, Comments, URLs you provide, Content retrieved from URLs you provide, and scripts, previews, media selections, videos, and other outputs generated from your Content (collectively, “Submissions”). Contributors are subject to the same conduct restrictions and content prohibitions set forth in this Section.

You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us. You agree that you will not upload, share, otherwise distribute, provide a URL for, authorize Animoto to retrieve, or use the Services to create any Submissions that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
  8. include Content retrieved from a URL that you are not authorized to access, copy, process, use, display, distribute, or incorporate into an Animoto Video;
  9. violate any website terms, platform terms, listing terms, content license, access restriction, paywall, login requirement, password protection, technical restriction, or other limitation applicable to any URL or Content;
  10. falsely suggest sponsorship, endorsement, affiliation, authorization, or approval by any person, brand, business, website, platform, property owner, listing owner, trademark owner, or other third party;
  11. include any name, image, likeness, voice, personal information, biometric information, or other information relating to an identifiable person unless you have provided all required notices, obtained all required consents, and have a valid legal basis for Animoto and its service providers to process that information; or
  12. use AI-enabled features to generate or distribute content that is misleading, deceptive, defamatory, infringing, unlawful, or otherwise violates this Agreement.

You agree you will not use the Services collaborative features, such as inviting Comments from others, for any purposes outlined above.

We do not endorse the contents of any Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

If you believe any Content on the Service does not comply with these Terms of Service, please contact us at help@animoto.com. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Animoto arising from your exposure to such materials.

You agree that we may at any time, and at our sole discretion, terminate your account or revoke your access as a Contributor without prior notice to you and without reimbursement if we suspect a violation of any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.

12. Linking Conditions

You may not link to the Site unless you comply with these linking conditions.

Your ability to share your Animoto Video may depend on whether you obtained access to Animoto Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. You agree that you will not modify Animoto video player code in any way, nor will you modify the display of your Animoto Video.

Your right to link to the Animoto Site is expressly conditioned upon your compliance with the following restrictions:

  1. The link must either resolve to the homepage, "animoto.com," or to the link associated with a User Video.
  2. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Animoto or any other third party.
  3. The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.
  4. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Animoto; and
  5. The link and surrounding materials must not portray Animoto, Animoto Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

13. Third-Party Sites and Information

Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for the third party websites, services, or products.

Our Site and Mobile App may allow you to post, export, share, or otherwise make your Animoto Videos available through third-party websites, platforms, applications, or services. By using any such functionality, you agree that your use of the applicable third-party website, platform, application, or service is subject to that third party’s terms of service, privacy policy, and other applicable terms. Animoto is not responsible for any third-party website, platform, application, or service, including its availability, functionality, content, policies, or handling of your Animoto Videos or other information.


14. Intellectual Property

14.1 Animoto's Intellectual Property

Animoto is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of Animoto’s Services without Animoto's written permission is strictly prohibited.

Animoto's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Animoto, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Animoto.

Animoto’s Services include a user interface that allows you to upload user content and customize certain aspects of your desired Animoto Video. You are granted a limited right to use those services only in conjunction with the Site and in accordance with these Terms of Service. Your inputs are then handed off to Animoto’s proprietary video creation engine, which automatically creates the Animoto Video. Users do not have direct access to the video creation engine and therefore you receive no license to use it. Animoto’s Services (including its user interface and video creation engine) are Animoto’s intellectual property, and the subject of pending and issued patent applications.

14.2 Your Content

When you upload or otherwise provide your own photos, graphics, text, video clips, or music, including by providing a URL for Animoto to retrieve Content, to create an Animoto Video, you are responsible for ensuring you have the right to use that content.

Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Animoto Video. For example, professionally-taken photographs should not be used in an Animoto Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Animoto Video unless you have received a license to do so from the owner of the copyright.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Animoto Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

14.3 Licensed Images

Animoto licenses certain Image Content in the form of photos and/or video clips from third parties (“Licensed Images”) and makes that content available to its users for use in making Animoto Videos. Ownership of all intellectual property rights in Licensed Images remains with the third party licensor, and you are granted a limited right to use such Licensed Images subject to these terms. Your use of Licensed Images is subject to the following restrictions:

  • You may only use and modify Licensed Images in connection with making an Animoto Video via the Services, and may only copy, distribute, or display the Licensed Images as incorporated within the Animoto Video, and only in digital form.
  • You receive no right to use the Licensed Images except in connection with the Services, and no right to copy, distribute, or display Licensed Images separately from the Animoto Video.
  • If a Licensed Image featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you agree that you must include a statement that the image is used for illustrative purposes only and the individual is a model.
  • You are not permitted to activate the “right click” function in Licensed Images, remove any metadata in Licensed Images, or reverse engineer, decompile or disassemble the Services to enable the download or use of Licensed Images on a stand alone basis.
  • Licensed Images may not be used:
    • on a stand-alone basis with no other content;
    • for pornographic, defamatory or other unlawful purposes;
    • in electronic templates used to create electronic or printed products;
    • in physical or digital retail products other than permitted Animoto Videos created through the Services, such as e-cards, calendars, posters, or screensavers;
    • for the purpose of enabling file-sharing of the image file; or
    • in logos, trademarks, services marks or any other branding or identifiers, separate from the Animoto Videos created through the Services, provided you acknowledge you shall receive no trademark protection for the Licensed Images themselves.

14.4 Musical Content

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Animoto Video. If you are unsure whether you have the necessary rights to use music in an Animoto Video, we encourage you to choose Musical Content available through Animoto. You agree that you will not alter or modify the fundamental character of any music available through Animoto or third party sites linked to by our Site.

14.5 Content Warranty and License Grant

You warrant that all content, including without limitation Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, or retrieved from any URL you provide, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Content as you intend to use them and as contemplated by the Site and grant Animoto the rights described herein.

You are granted the limited rights to use, copy, perform, display, and distribute the Animoto Video consistent with these Terms of Service and other instructions and restrictions which may be posted by Animoto on the Site. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media. Musical Content from Animoto may not be used in any manner separately from an Animoto Video.

Please be aware that your use of Content may also be considered a use for commercial purposes pursuant to copyright laws if you are using the Animoto Video to obtain a commercial benefit or financial gain. Even if you believe you have certain rights to use third-party Content in an Animoto Video, you should ensure that you have the appropriate rights to use such Content for commercial purposes. We cannot, and do not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content, you should consult an attorney. Subject to your rights (if any) in any Musical Content or Image Content, Animoto owns all rights in Animoto Videos.

You hereby grant to Animoto a worldwide royalty-free, perpetual license to use, copy, create, modify, display and host your Content and Animoto Videos solely to the extent necessary for Animoto to provide the Services. Contributors grant the same licensing rights for content they upload via invitation links from Registered Users.

14.6 Trademarks

All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

14.7 Open Source Licenses

The Mobile App available from Provider uses open source software that is distributed to you in executable form if you download the Animoto application. A list of the open source software, and link to the applicable open source terms, which are contained within the Mobile App can be found at http://static.animoto.com/iphone/license.html

You understand and acknowledge that each open source license is a separate agreement between You and the copyright holder of such open source software, and Animoto is not a party to any such open source license. Your use of the Animoto application must comply with terms of the applicable open source licenses.

14.8 Copyright Infringement (DMCA)

Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Animoto designates the following individual as its agent for receipt of notifications of claimed infringement:

By Mail:

Animoto Inc. Attn: Legal Department 520 - 1515 Douglas Street, Victoria, BC, V8W 2G4, Canada By E-mail: legal@animoto.com .

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

You acknowledge and agree that upon receipt of a claim of infringement, we may immediately remove or disable access to the identified material without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. You further agree and acknowledge that for content uploaded by Contributors, DMCA takedown notices may be sent to the Registered User associated with the account, project, or invitation link through which the content was uploaded, and the Registered User is responsible for responding to and resolving any such notices.

If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the Animoto may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.

Animoto, and not any Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or an Animoto Video.

15. Repeat Infringers

Your account will be terminated if, at Animoto's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

16. Content Storage and Deletion

16.1 Storage Plans and Allocations

Upon registering with Animoto, you will be assigned one user account. Animoto provides storage for Animoto Videos and user content according to your selected plan. Storage allocations, including any applicable limits on the number of projects or total storage size, are determined by your plan type and may change as described below. Details about storage limits, pricing, and billing frequency are available on the Site and may be updated from time to time.

You may upgrade your storage plan or purchase additional storage capacity at any time. Storage fees may be charged on a subscription basis, usage basis, or combination thereof, and are separate from other service fees. All storage payments are nonrefundable.

16.2 Storage Limits

Animoto reserves the right to implement, modify, or enforce storage limits at any time, including but not limited to: (a) total storage capacity limits measured in gigabytes or other data units; (b) limits on the number of videos, images, audio files, or other media assets; (c) limits based on file sizes or types; (d) usage-based billing for storage consumption; and (e) limits on the total number of projects that may be created or stored under any account type. Such limits may apply to all account types, including paid subscriptions, and may vary by plan type. Animoto will provide reasonable advance notice of material changes to storage limits or pricing in accordance with applicable law.

If you exceed your plan's storage allocation, Animoto may: (a) restrict your ability to upload additional content; or (b) require you to delete content or upgrade your plan to continue using the Services.

16.3 Paid User Storage

If you are a Paid User, Animoto will store your Animoto Videos and associated content for as long as you maintain a current, paid subscription and all applicable fees are current. Paid User content remains subject to any applicable storage limits described in STORAGE LIMITS.

If your paid account is terminated or interrupted for any reason (including expiration of your subscription term or failure to renew), your hosted Animoto Videos may be disabled and will not be viewable on any site or accessible via email links. If you downloaded an Animoto Video during your subscription term, you may continue to use that downloaded video in accordance with this Agreement. You are responsible for ensuring your use complies with applicable laws, and Animoto is not responsible for payments to third parties arising from such use (such as payments to Performance Rights Organizations).

Animoto may, in its sole discretion, retain your content for a limited period following termination or lapse to allow you the opportunity to renew or purchase a Storage plan. If you renew or purchase a qualifying paid plan during any such retention period, your previously created Animoto Videos may be restored. Animoto makes no guarantee regarding the duration of any retention period, and your content may be permanently deleted at any time following the termination or lapse of your paid subscription.

16.4 Account Conversion

Animoto reserves the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee or upon the expiration or termination of your paid subscription for any reason. Upon conversion, your account and content become subject to the deletion policies in CONTENT DELETION FOR FREE USER ACCOUNTS.

16.5 Content Deletion for Free User Accounts

If you have a Free account, Animoto may delete your videos, media, projects, and other content at any time, with or without notice. In particular, if you have not logged in or used the Services within a timeframe Animoto sets from time to time (which will be communicated on the Site, in your account settings, or by email), your content may be deleted and your account may be terminated. Paid Users are not subject to this Section for as long as their subscription and fees are current.

Animoto will endeavor to provide advance notice before deleting your content by emailing the address on your account, but Animoto's right to delete content or terminate accounts under this Section does not depend on whether you receive that notice.

16.6 Content Deletion Following Downgrade

If your account is downgraded or converted from a paid subscription to a Free User account for any reason (including voluntary cancellation, expiration, or non-payment), your account and all associated content will immediately become subject to the deletion policies in CONTENT DELETION FOR FREE USER ACCOUNTS. Animoto may begin deleting content associated with downgraded accounts at any time following the effective date of the downgrade. You are solely responsible for downloading or exporting any content you wish to retain before your paid subscription ends.

16.7 Storage Plan Option

If you wish to retain access to your previously created Animoto Videos and associated content without maintaining a video-creation subscription, you may purchase a Storage plan as described on the Site. Content associated with Storage plan accounts will be retained for as long as the Storage plan subscription remains active and all applicable fees are current.

16.8 Shared Resources

Animoto's Services operate on shared resources. Excessive use or abuse of shared network resources by one user may negatively affect other users. Misuse of network resources in a manner that impairs performance or causes excessive costs (including excessive consumption of cloud servers, CPU time, memory, disk space, and session time) is prohibited. Misuse of the Services in a manner that creates excessive copies of licensed Musical Content or Image Content is also prohibited. Animoto reserves the right, at its sole discretion, to terminate your account, limit the number of Animoto Videos you may create, or limit the amount of storage space, bandwidth, or other resources you may use.

16.9 Backup Responsibility

Do not rely on the Services as your primary storage for content. You should maintain backup copies of any data, information, or other materials you have uploaded. Animoto has no responsibility or liability for the deletion or failure to store any content maintained or transmitted through the Services.

17. Disclaimer of Warranties

ALL ANIMOTO SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, THE PROVISION OF URLS, THE RETRIEVAL, PROCESSING, OR USE OF URL-SOURCED CONTENT, THE USE OF AI-ENABLED OR AUTOMATED FEATURES, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third party Providers of Animoto’s Mobile App have no warranty obligation to You. To the extent that Animoto has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any.

AI-enabled and automated features may generate outputs based on Content. You are responsible for reviewing generated outputs before using, sharing, downloading, or distributing them. Animoto does not represent that generated outputs are accurate, complete, non-infringing, suitable for your intended use, or compliant with applicable law or third-party rights.

18. Limitation of Liability

YOUR EXCLUSIVE REMEDY AND ANIMOTO'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID ANIMOTO, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).

IN NO EVENT SHALL ANIMOTO OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. ANIMOTO SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify and hold Animoto, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, and content uploaded by Contributor(s) to your account, or any other Content you provide or authorize Animoto to use, (c) the violation of laws, rules, regulations or terms of this Agreement, the Upload Terms, or any third-party terms applicable to your Content or your use of the Services, (d) your failure to comply with Animoto’s terms of service or other terms of any open source licenses, if applicable, (e) infringement by your content, by you, or by someone using your account, including but not limited to Contributor(s) uploading content to your account, of any intellectual property or any other right of any person or entity. Animoto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Animoto in asserting any available defenses.

20. International Use

Although Animoto’s Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You and any Contributors uploading content to your account represent and warrant that (i) you and they are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you and they are not listed on any U.S. Government list of prohibited or restricted parties.

21. Termination of Use

We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefor, your right to use the services immediately ceases, and we may take appropriate action, including without limitation banning your IP address, barring you from purchasing Services, or immediately deactivating or deleting your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

Any provision of this Agreement that by its nature should survive termination will survive, including provisions relating to payment obligations, intellectual property, content storage and deletion, disclaimers, limitation of liability, indemnification, dispute resolution, and confidentiality.

22. Referral Program

Animoto may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to Animoto. Animoto reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of Animoto, and are not authorized to make any commitment on behalf of Animoto. Animoto is not responsible for the conduct of Referrers, and Referrers agree to hold Animoto harmless from and against any claims arising from Referrer's conduct.

Referrals to the Services are subject to the Linking Conditions. In addition, Referrers may only refer to the Site using the items provided by Animoto for such purpose ("Animoto Referral Assets"). Referrers may not alter or modify the Animoto Referral Assets in any way.

Referrer's participation in any Animoto referral program is expressly conditioned upon Referrer's agreement and compliance with the following:

  1. Referrer may not place Animoto Referral Assets in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chat rooms, or guest books. Referrer may only place Animoto Referral Assets on Referrer's Site as specified by Referrer and approved by Animoto upon application to the Referral Program.
  2. Referrer represents and warrants that (i) it will not mislead Users in any way, (ii) it shall not cause any transactions to be made that are not bona fide transactions initiated by User, including, but not limited to, using any device, program, robot, Iframes, or hidden frames.
  3. Referrer understands that it will not earn any incentive where Referrer or Referrer's owner, employee, agent, contractor, affiliate, or partner is a User. Furthermore, Referrer may not earn any incentive, at Animoto's discretion, for multiple transactions from the same individual, entity or IP address.
  4. Referrer represents and warrants that none of its promotional activities will infringe the proprietary rights of Animoto nor third parties, Referrer will at all times during its participation in the referral program, comply with all applicable laws, rules, and regulations.
  5. Referrer represents and warrants that all promotional means used by it will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities).
  6. Referrer represents and warrants it will: (i) use ethical and legal business practices, (ii) comply with these Terms of Service, and (iii) maintain an industry standard privacy policy on Referrer's Site in compliance with all applicable laws, rules or regulations.
  7. Referrer represents and warrants that it will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with any laws and/ or regulations that govern email marketing and/or communications.
  8. Referrer represents and warrants that it will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Referrer's Site content /site visit or by downloadable software applications for which Referrer is the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results.
  9. Referrer represents and warrants that it will not collect personally identifiable information of Users that would allow Animoto to personally identify Users.
  10. Referrer agrees to indemnify, defend, and hold harmless Animoto and its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made or alleged by any third party due to or arising out of Referrer's Site or Referrer's breach of its warranties and representations hereunder.

Any failure to comply with the above or using unapproved methods of referring third parties to the Site, including without limitation delivering the Animoto Site content in a framed environment, is a violation of this Terms of Service, will not result in a credit or incentive to Referrer, and may result in a termination or suspension of Referrer's Animoto account at Animoto's discretion.

23. Distribution of Animoto Videos

Paid Users may, during the Term, distribute or otherwise make available Animoto Videos to third parties if such third parties agree to use the Animoto Videos for personal use only, and subject to Animoto's Distribution Terms set forth below, except that Paid Users may distribute or otherwise make available Animoto Videos to third parties for commercial use only if the User’s then-current plan expressly permits such commercial distribution. Your account may be terminated without prior notice or reimbursement if you distribute Animoto Videos in violation of this agreement.

Distribution of Animoto Videos by Professional Plus Account Holders

If you have obtained a Professional Plus (or “Team” or “Business” or "Reseller") Subscription from Animoto, then the following terms shall apply to you (a "Reseller"):

  1. During the applicable term of the Professional Plus Subscription ("Reseller Term"), Reseller may distribute or otherwise make available completed Animoto Videos to third parties subject to Reseller's fully paid and current subscription, timely payment of any other fees due to Animoto, if applicable, and subject to Animoto's Distribution Terms set forth below.
  2. Reseller's Subscription, and/or Animoto account, may be terminated without prior notice or reimbursement if Reseller distributes Animoto Videos in violation of these terms.
  3. Reseller agrees to promptly provide to Animoto any and all reasonably requested information sufficient for Animoto to verify Reseller's compliance with these terms.
  4. Reseller is not an agent or representative of Animoto, has no authority to act on behalf in any manner or enter into any binding agreement on behalf of Animoto, will make no representations to any parties relating to Animoto's Services or Videos other than as contained in the Distribution Terms set forth below, and shall have no authority to alter, enlarge, or limit Animoto's most current written warranty, if any.

24. Distribution Terms – Paid Accounts

When distributing Animoto Videos to third parties, Paid Users must obtain the third party's agreement to the below Distribution Terms 1-7. In addition, Basic, Professional, and Storage account holders will ensure the third party agrees to Distribution Term 8. If a User does not obtain the third party’s agreement to the below terms, the User agrees to indemnify and defend Animoto for any and all claims or causes of action arising from the third party’s use of Animoto Videos. User assumes all responsibility for compliance with the terms of this Agreement by third party recipients of Animoto Videos.

  1. The video provided with these terms ("Video") is licensed, and not sold. Therefore, you do not own the Video, and must comply with these terms in using the Video.
  2. You are granted the limited rights to use, copy, perform and display the Video. You may not distribute the Video to others. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media unless the Animoto account holder’s plan expressly permits such redistribution or commercial distribution.
  3. You will not use Videos for any illegal or immoral purposes, including without limitation for unauthorized or illegal advertising or promotional materials, such as junk mail, spam, chain letters, or pyramid schemes.
  4. You may not modify the Video in any way.
  5. THE VIDEO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
  6. IN NO EVENT SHALL ANIMOTO INC. NOR THE PROVIDER OF THE VIDEO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE.
  7. You agree to indemnify and hold Animoto Inc. and the provider of the Video, and each of their parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use or misuse of the Video, your failure to comply with applicable laws, or your failure to comply with these terms.
  8. You may only use the Video for non-commercial purposes; in other words, you may not use the Video in any way that directly or indirectly derives a commercial benefit or pecuniary gain.

25. Audit Rights

Animoto (or a third party hired by Animoto for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other of User’s information to determine compliance with the terms contained herein. The costs of such audit shall be borne by Animoto unless the audit uncovers that the User has materially breached this Agreement, and then User shall be responsible for reimbursement of all reasonable costs and expenses of such audit.

26. Data Processing Terms

These Data Processing Terms apply if (a) you are a registered User with Animoto or are a Contributor uploading content via an invitation link from a Registered User, and (b) your use of Animoto Services involves collecting Personal Data from data subjects that are residents in the European Economic Area, the United Kingdom or Switzerland (collectively referred to as “EU and UK Residents”) and/or incorporating that Personal Data in Animoto Videos or otherwise sharing the Personal Data with Animoto through the Services. These Data Processing Terms incorporate herein the Standard Contractual Clauses. In the event of a conflict between these Data Processing Terms and the Standard Contractual Clauses, the Standard Contractual Clauses will apply. “Standard Contractual Clauses” means the (Standard Contractual Clauses (processors)) or any subsequent version thereof published by the European Commission (which will automatically apply). The Standard Contractual Clauses current as of the effective date of the Agreement are attached to Animoto’s Privacy Policy as Exhibit A.

Animoto considers the issues of privacy and data security to be of utmost importance.

Definitions For Purposes of These Data Processing Terms.

The term “data subject” means the identified or identifiable person to whom any Personal Data relates.

The term “Personal Data” means ANY information that: (i) can be used, alone or in connection with other information, to identify an individual; or (ii) is otherwise subject to any applicable privacy or data laws regarding personal information. For avoidance of doubt, Personal Data includes an individual’s name and likeness, including in photographs or video.

The term “processing” means any action performed on Personal Data, including by automated means, such as collecting, recording, organizing, structuring, storing, altering, retrieving, modifying, using, disclosing, transmitting, or deleting.

You are the “Data Controller” and Animoto is the “Data Processor” for purposes of any applicable data privacy laws, including without limitation the EU Directive 95/46/EC, the EU General Data Protection Regulation 2016/679 (the “GDPR”).

Animoto’s platform is hosted in the United States, and Personal Data you submit will be transferred from your location to the United States as necessary to allow us to make the software and services available to you and otherwise perform our obligations to you under this Agreement.

Your Responsibilities.

You hereby represent and warrant that (a) your collection of Personal Data from EU and UK Residents will be in compliance with your own privacy statement, to which you will receive express consent by data subjects; (b) You will comply with all applicable laws, rules and regulations in using the Animoto Service, including without limitation data protection regulations and laws relating to Personal Data such as the GDPR; (c) You agree to immediately inform Animoto of a request by a data subject to delete Personal Data; and (d) you have provided all required notices, obtained all required consents, and have a valid legal basis for Animoto and its service providers to access, process, transmit, store, use, modify, and incorporate Personal Data contained in Content into Animoto Videos and related outputs as needed to provide the Services.

Animoto’s Responsibilities.

Animoto agrees that it will:

  • process Personal Data in accordance with documented instructions from You, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by applicable law, in which case it will inform You to the extent permitted by law;
  • ensure personnel authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and that such personnel do not process any Personal Data except in accordance with Your documented instructions;
  • implement appropriate technical and organizational measures to ensure the security of any Personal Data, taking into account the risks that are presented by the processing;
  • ensure that third party sub-processors engaged by Animoto are subject to the same data protection obligations set forth in these Data Processing Terms, and Animoto will be responsible for sub-processors’ performance under such obligations;
  • taking into account the nature of the processing, assist You by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Your obligation to respond to requests made by data subjects pursuant to applicable law;
  • taking into account the nature of the processing, assist You in meeting Your obligations under applicable law, including without limitation those arising pursuant to Articles 32 to 36 of the GDPR (relating to data security, breach notification, and impact assessments); and
  • at Your written request, no more than once per year unless otherwise required under applicable law, make available to You all information necessary to demonstrate Animoto’s compliance with its obligations under these terms and/or permit audits to verify such compliance (to this end, You consent to Animoto engaging a reputable independent auditor of its choice to conduct such audits in lieu of You or Your designee);
  • at Your request, delete or return to You all Personal Data in Animoto’s possession or control after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of such Personal Data. Notwithstanding the foregoing, You acknowledge that Animoto Videos may be downloaded and/or shared on sites and platforms and may not be hosted on Animoto’s or its vendors’ servers. As such, Animoto may not be able to fulfill a request to delete Personal Data of a data subject contained in an Animoto Video that has been downloaded and/or distributed in such a manner.

27. Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles or the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.

28. Agreement to Arbitrate All Disputes

Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in San Francisco, California USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

29. Notices

All notices to a User or to Animoto shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of our Legal Department at legal@animoto.com, if by email, or at Animoto, Inc., 520 - 1515 Douglas Street, Victoria, BC, V8W 2G4, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Animoto.

30. Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Animoto, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the Site Privacy Policy, and any other terms you have agreed to that were made available through the Site, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

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