Terms of use
Updated October 20, 2011 (to stress that we need your full name)

Welcome to Muvizu. You've found the right place to meet fellow users of our free Muvizu 3D animation software and to share ideas, 3D models, images, audio files, scripts and talent to help you bring your project to fruition.

To ensure a productive, safe and happy environment, we need members to be considerate, civil and to refrain from any illegal or antisocial behaviour. To this end, you must read and agree to accept our full terms and conditions as set out below before joining us, but, stripping out the legal language, key points include:

Personal details that you provide on registration, such as your age, sex and full first and last names must be accurate. You have to be aged 13 or older to join us as a regular member. You are responsible for keeping your details up to date.

You must keep your password private. You are responsible for any actions carried out through your account and must not let anyone else use it.

You must own the rights, or have appropriate permission to use, any material you upload to Muvizu.

Muvizu is for your personal use only and may not be used in connection with any commercial endeavours or activities except those that are specifically endorsed or approved by Muvizu under a Commercial Use Licence. For information about commercial use, follow this link: http://www.muvizu.com/Info/Commercial_enquiries

Note also that if content you have created using Muvizu is posted, broadcast or distributed anywhere via any medium and subsequently generates revenues for you or any third party - and Muvizu-related revenue includes, but is not limited to, monies earned from sales, services, training, advertisements, sponsorships, endorsements, memberships, subscription fees, rentals, royalties, production fees and profits whether they be calculated on a net or gross basis - you must notify Muvizu of this and you, and any third party involved, must pay 20% of such revenues to Muvizu (although this percentage is negotiable in certain cases and is likely to reduce as revenues increase). Failure to notify Muvizu of such revenues or failure to pay Muvizu its 20% entitlement, or otherwise as contractually agreed between you and Muvizu, may result in legal action being taken against you.

Our full terms and conditions are as follows:

General

Muvizu is a 3D animation application linked to a web-based service which enables people to collaborate on their creative projects. It is made by Digimania Ltd., based at 70, Mitchell Street, Glasgow, UK, G1 3LX, (“Digimania”).

By viewing the site, at www.muvizu.com, or by becoming a registered user, you signify that you have read, understand and accept these terms of use and agree to be bound by them. Muvizu reserves the right to change these terms in any way without notice, although notification of any changes will be reflected in the updated date at the top of this page and, in certain cases, by email to registered site users. It is your responsibility to check these terms regularly. If you do not agree to abide by these terms or any subsequent revisions, you must not access the site, either as a visitor or registered user. The Muvizu 3D application, together with this website, is licensed for only your use, subject to terms as set out here and as in the Muvizu software EULA. It is licensed, not sold, and we give you the right to use it free of charge subject to these terms.

Minimum age for membership

Membership of Muvizu on a regular account is restricted to users aged 13 or older. If, however, you are a teacher, drama group leader or similar (or a parent who would like an account for a child) and some of your charges are under 13, you may open a "gatekeeper" account. This will allow you to set up subsidiary accounts for them which you will administer and over which you will have full visibility and control. These are invisible to anyone except members of your group or another gatekeeper group with which you have chosen to collaborate. You must be at least 18 years old to open a gatekeeper account.

By using the site and its services, you warrant that you meet this minimum age requirement and agree to abide by these terms.

Account security and your registration details

If you register to become a Muvizu member, you agree to provide accurate and complete answers to questions in the registration form. You must give your full first and last names. After registering, you also undertake to update your account information to keep it current.

Furthermore, you undertake to safeguard the security of your account password and not let anyone else access the site using your details. You are responsible for any activity that occurs using your account.

Intellectual property

The intellectual property rights (including without limitation copyright, design, trade mark, software and database rights) in the material, information and computer files on the site are owned by, or are otherwise licensed to, Muvizu. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

You may copy any materials existing or generated on the Muvizu site for your own personal use only. You may download, install and execute such materials where expressly indicated. You may not otherwise modify, distribute or reproduce these in any manner or for any other use without the prior written consent of Muvizu.

You may not remove any product identification, trade marks, copyright notices or other notices from the materials or any copies of them which you may have made for your own personal use. Video content created with  the Muvizu application has a Muvizu watermark, which must be retained wherever you choose to publish such content. We are however willing to allow removal of our watermark if, and only if, users advise Muvizu that our watermark has been lost/obscured/whatever before they publish such content and get Muvizu’s express permission to do so before they publish them. Such permission will require users to credit Muvizu in a way that makes up for the lack of the watermark.

Any unauthorised downloading, use, copying, repackaging, alteration of the Muvizu 3D application or any of its third-party components, modification or distribution of the materials may be in breach of statutory or common law rights which may be the subject of legal action.

All rights not expressly granted are reserved by Muvizu.

Uploading and sharing 3D and other assets

By uploading a 3D asset, image, audio file or script to Muvizu, you warrant that it is your creation and/or you own the exclusive rights to it. Once uploaded, you agree to allow other Muvizu users to incorporate your work  into their non-commercial Muvizu creations free of charge, although it would be polite for users to credit makers of additional materials in their video descriptions.

Users must obtain the owner's permission to use any asset in work that has any business or commercial use or which earns revenue directly or indirectly. Muvizu does not involve itself in such user negotiations.

Non-commercial use

Muvizu is for your personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Muvizu. Illegal and/or unauthorised use of Muvizu including collecting usernames and/or email addresses of Muvizu members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to Muvizu is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Muvizu members' content without notice, unless such advertisements, affiliate links and other solicitation are contractually agreed with Muvizu in writing. Appropriate legal action will be taken for any illegal or unauthorised use of Muvizu.

Further, you may not use any materials existing or generated on the Muvizu site for any commercial purposes, including posting content on sites other than Muvizu to earn money through advertising or by any other means, such as using imagery created by or associated with Muvizu for merchandising purposes, without the prior written consent of Muvizu.

Muvizu does not claim any ownership rights in the content created by you with any materials existing or generated on the Muvizu site or created in the Muvizu 3D application provided such content is for non-commercial use. By displaying or publishing such content on or through Muvizu, you hereby grant to Muvizu a free, indefinite, non-exclusive licence to use, publicly perform, publicly display, reproduce, and distribute such content provided that Muvizu does not use, publicly perform, publicly display, reproduce, and distribute such content for commercial use, in which case a Commercial Use Licence shall be required as envisaged below.

In the event that you wish to use Muvizu for any commercial endeavours or in conjunction with any commercial activity or you shall receive income or fees in respect of any content created by you with any materials existing or generated in Muvizu software or existing on the Muvizu website then you shall immediately notify Muvizu as you shall require a Commercial Use Licence. Failure to notify Muvizu or to obtain a commercial use licence may result in legal action being taken against you.

Trade marks and designs

The Muvizu name and its company graphics, icons, logos, plus the Muvizu font and any other artwork, are the property of Muvizu and may not be used in connection with any third-party product or service and may not be copied or imitated for use anywhere without Muvizu's prior written consent.

User conduct

Users agree not to upload or input into the Muvizu site any materials or content deemed by Muvizu, at its sole discretion, to be illegal, harmful, obscene, threatening, abusive, harassing, libellous or objectionable in any other way. Muvizu reserves the right to remove, without notice and without giving any reason, any materials uploaded or other content input by users as it sees fit. Muvizu also reserves the right to suspend or close user accounts for infringements of these terms.

Users warrant that no materials or content that they upload or input into the Muvizu site infringe upon the rights of any third party. This includes without limitation copyright, designs, trade marks, privacy, and personal, moral or proprietary rights. Users also undertake not to upload or input anything containing libellous, defamatory or any other unlawful material.

Uploading to YouTube

You acknowledge, accept and agree that any content created utilising any materials generated using Muvizu 3D animation software, or obtained via the Muvizu website, may be uploaded to YouTube. YouTube is part of the Google empire and has a section on its website titled "YouTube APIs and Tools, Terms of Service". Muvizu does not wish to do anything other than advise you to read and study the original wording on YouTube's site, which may be found here: http://code.google.com/apis/youtube/terms.html

Furthermore, YouTube's terms of service/use may change, so in such circumstances Muvizu advises you that it is incumbent on you to check YouTube Terms of Service continually for any changes. Muvizu will not be liable in circumstances where you are in breach of any change to YouTube’s Terms of Service. Refer to YouTube's terms of use via the link a few lines above.

Liability

Muvizu excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from access and use of the site or the materials from outside the United Kingdom. Muvizu reserves the right, at any time, to change the materials and the terms and conditions which apply to the use of the site.

The site and the materials are provided "as is" and Muvizu excludes (to the fullest extent permitted by applicable law) all implied warranties, implied representations, implied terms and conditions. No reliance should be made on any of the statements made within the site (other than these terms and conditions) or the materials or any third-party sites and Muvizu excludes to the fullest extent permitted by law all liability (other than liability for death or personal injury) resulting from any such reliance. Notwithstanding the generality of the foregoing, Muvizu excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) resulting from your access to and use of the site or the materials or any third-party sites.

You agree to indemnify and hold Muvizu, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal costs, made by any third party due to or arising out of your use of Muvizu in violation of these terms of use and/or if any content that you post causes Muvizu to be liable to another, provided that this was caused by culpable conduct.

Computer viruses/malware

Muvizu will use reasonable endeavours to ensure that neither the site nor the materials it contains or promulgates contain any viruses or other malicious code. However, it is recommended that you virus-check all materials downloaded from the site and regularly check your computer for the presence of viruses and other malicious code. Muvizu excludes to the fullest extent permitted by applicable law all liability (other than liability for death or personal injury) in connection with any damage or loss caused by computer viruses or other malicious code originating, or contracted, from this site or any third-party sites.

Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes relating to your access to and use of the site shall be determined by the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you are accessing this website.