If you register on behalf of a business, you represent to Explee that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. Changes and Modifications. Explee reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or Explee has otherwise notified you of the change.
Though Explee may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version, which is always available from a link on our homepage. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Explee grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise. Links To Other Sites. The Service may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Explee’s control, and Explee is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. Description of service
General Description. The Explee Service is an online software which allows to create animated videos. The Service combines creative thinking and technological expertise to allow you to seamlessly create your own high-quality animated videos, post them to the internet, and share them with friends and colleagues.
3. Conditions of use and user conduct
As a condition of use, you agree to the following: Certain components of the Service permit or require you to open an account (including setting up password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Explee immediately of any unauthorized use of your account or password, or any other breach of security. You must not use the Service to harass, threaten, impersonate, or intimidate anyone. You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual’s publicity or privacy rights. You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation. You must not transmit any worms or viruses or any code of a destructive nature. You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws). You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content. You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Explee for the topic and/or creator of the presentation. All Explee accounts offer a fourteen (14) day free trial. Such free trials are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond this single fourteen (14) day term.
4. User content & options
4.2 Representations and Warranties
When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service (and to grant to Explee the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Service.
4.3 Public User Content and Private User Content
In order to provide you with the Service, it is necessary for you to grant Explee certain licenses to your User Content. With respect to Public User Content, you hereby do and shall grant to Explee (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content on and in connection with the manufacture, sale, promotion, marketing and distribution of products sold on, or in association with, the Service, or for purposes of providing you with the Service and promoting the same, in any medium and by any means currently existing or yet to be devised. With respect to Private User Content, you hereby do and shall grant to Explee (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content solely for purposes of providing you with the Service. Please note that while Explee makes it easy for users with qualified accounts to change a presentation’s public/private setting at any time, uses made of your presentation – or the underlying User Content – are subject to the terms in place at the time such use was originally made by Explee.
4.4 Licenses to Users
When you upload User Content on or through the Service, you also hereby do and shall grant to each user of the Service with whom you share your presentation a personal non-commercial non-exclusive license to access and view your User Content. Except where otherwise indicated, such licenses granted to Explee and to users of the Explee service expire when you remove your presentation or other User Content from the Explee Service.
4.5 Allowing Re-Use
As noted above, when creating a Explee presentation using a paid account type, you will have the option of making the presentation “public,” or “private.” Public presentations can be viewed by other Explee users and will appear in the searchable Explee database. Private presentations will only be viewable by those with whom you choose to share the presentation. All presentations created by Explee Public users (as defined below) will be “public” presentations. Please note that any user you collaborate with on a presentation will also have the option of designating that presentation as “public” or “private,” as permitted by your account type. Please always consult with the presentation creator before changing the public/private designation of any presentation on which you are a collaborator. In addition to those licenses granted above, when you “allow re-use” of your User Content you also hereby do and shall grant to each user of the Service a non-exclusive license to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, publicly perform, or publicly perform by means of a digital audio transmission such content as permitted through the functionality of the Service and the products sold therein (and through its other distributors). Please note that while Explee makes it easy for you to change this option at any time after creating your presentation, uses made of your presentation – or the underlying User Content – are subject to the terms in place at the time such use was originally made. The “allow reuse” option is enabled by default for Explee Public users when creating new Explee presentations but can at any time be disabled.
5. Content options
When creating a Explee presentation using a paid account type, you will have the option of making the presentation “public”, ”confidential” or “private.” Public presentations can be viewed by other Explee users and will appear in the searchable Explee database. Confidential presentations can be viewed by any people having the link to the presentation but it will not appear in the searchable Explee database. Private presentations will only be viewable by those with whom you choose to share the presentation. All presentations created by Explee Public users (as defined below) will be “public” presentations. When creating your Explee presentations, you will also have the option to allow other Explee users to remix and reuse your presentation. This option, referred to as “allow reuse,” grant to each user of the Service a non-exclusive license to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, and publicly perform, including by means of a digital audio transmission, your presentation. Please note that while Explee makes it easy for you to change this option at any time after creating your presentation, uses made of your presentation – or the underlying User Content – are subject to the terms in place at the time such use was originally made. The “allow reuse” option is enabled by default for Explee Public users when creating new Explee presentations but can at any time be disabled.
6. Account types
There are two (2) types of Explee user account types: Public. Terms related to each are set forth below. Public – Explee Public accounts are free for use, and require no annual fee. Premium - Explee Premium accounts require the user to subscribe to a premium paying offer.
7.1 General Terms
You agree to pay the then-current fee for the account type (e.g., Education, Basic, Professional, Creative, Team) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you subscribe. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars. or E.U. euros.
7.2 Payment for Subscription
For all Premium account types, payment occurs on a pre-pay basis and payment will be automatically renewed for the next term, at the end of each term. The amount you are to pay will depend upon which account type you choose. If you choose to cancel a reoccurring payment, you will be contacted in order to renew your account prior to the end the then-current billing term, at which point you may elect to purchase an additional year of service at the then-current service rates. If you do not elect to purchase an additional year of service, your account will be suspended and you will have the option of converting to a Explee Public account type – subject to the limitations of a free Explee Public account.
7.3 Fraud Protections
To protect against potential fraud, Explee may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Explee will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Explee with your credit card information, you authorize Explee to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
7.4 Cancellation of Subscription
Please note, unless Explee gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your reoccurring payment option, your account will remain active until it’s next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
If your credit card is invalid for any reason, your for-pay Explee account will revert to a Explee Free account and will be subject to the limitations of a free Explee Free account; provided, however, that Explee reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a Explee Free account. Explee further reserves the right to cancel, or revert to a Explee Free account status, the account of any user who attempts to fraudulently obtain Explee educational pricing.
8. Copyright policy regarding third parties
If you believe that Explee, or any user of the Service, has violated a copyright you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at firstname.lastname@example.org and review our copyright policy for more details on how to properly notify us of a DMCA issue.
9. Explee’s intellectual property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Explee Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Explee Content, contained on the Service is owned, controlled, or licensed by or to Explee, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights. As a user of the Explee Service, Explee grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Explee’s sole discretion, to use (i) the Explee name and (ii) the Explee logo, unaltered, unmodified, and as it appears on the explee.com website solely for the purpose of truthfully referring to Explee, including for use in creating a website that explicitly references Explee (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Explee Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Explee, or affiliated with Explee, (ii) no Explee Content beyond the Explee name and logo may be used, (iii) any such use must be of the full Explee name and/or unaltered and current Explee logo, (iv) any such use may in no way disparage Explee, any user of the Explee Service, or any third party, and (v) any website that uses Explee Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Explee.” You agree to make no other uses of the Explee name and logo beyond those expressly allowed herein, pursuant to an Use License. Except as expressly provided in this Agreement or otherwise permitted by law, no Explee Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Explee’s express prior written consent.
10. Violation of this agreement - termination
You agree that Explee may, at its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Explee’s policy to terminate the account of users who violate the copyrights of third parties. If Explee does take any legal action against you as a result of your violation of this Agreement, Explee will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Explee. You agree that Explee will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement.
11. Disclaimer of warranties
You expressly understand and agree that your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. Explee and its subsidiaries, directors, officers, employees, stockholders and licensors (the “explee affiliates”) expressly disclaim all representations, warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance. explee and the explee affiliates make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure or error-free; (c) user content will be hosted and/or transmitted without interruption or cessation; (d) any products, sites, information, or other material, whether in tangible or intangible form, purchased or obtained by you through the service will meet your expectations or any standard of quality; and (e) any defects in the operation or functionality of the service or related software will be corrected. any material, information or data downloaded or otherwise obtained through the use of the service is accessed at your own Discretion and risk, and you will be solely responsible for any damage to your computer system and/or loss of data that result from the download of such material. No advice, representation or information, whether oral or written, obtained by you from explee, the explee affiliates, or through the service shall create any warranty not expressly stated in the agreement.
12. Limitation of liability
You expressly understand and agree that explee and the explee affiliates will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused. this includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of procurement of substitute goods or services; or any other intangible losses. This also includes any loss or damages that may be incurred by you as a result of (a) any changes that explee may make to the service; (b) any permanent or temporary cessation of the service; (c) the deletion or corruption of or failure to store any content or other property maintained through the service; or (d) your failure to keep your password or account details secure. the limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages. You specifically acknowledge that explee and the explee affiliates shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
13. Exclusions and limitations
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, explee and/or the explee affiliates’ liability will be limited to the maximum extent permitted by law.
14. Please Review Explees For Appropriate Content Before Use
You will indemnify and hold Explee and/or the Explee Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Explee and/or the Explee Affiliates in connection with any claim arising out of your breach of the Agreement. Explee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. General terms
Entire Agreement. This Agreement is the whole legal agreement between you and Explee. It governs your use of the Service and completely replaces any prior agreements between you and Explee with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Explee. Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and waive any objection to such jurisdiction or venue. Dispute Resolution. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Explee and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Statute Of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Explee does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Explee may assign or delegate all rights and obligations under the Agreement, fully or partially. Notices. Explee may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Explee’s mailing address is:
7 rue Castellane
Table of content
- Description of service
- Conditions of use and user conduct
- User content & options
- Content options
- Account types
- Copyright policy regarding third parties
- Explee’s intellectual property
- Violation of this agreement - termination
- Disclaimer of warranties
- Limitation of liability
- Exclusions and limitations
- Please Review Explees For Appropriate Content Before Use
- General terms