By using our Site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Site.
We recommend that you print a copy of these terms for future reference.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Access to our site is made available free of charge, but fees may be payable should you wish to download animations created, or access certain materials.
Save as we may have agreed with you in your subscription agreement, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms of Use.
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Website Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Animations
When you create an animation using our Site ("Animations") you may be required to upload logos, images or text ("Customer Materials"). You must be the lawful owner or licensee of any such Customer Materials and any such Customer Materials must comply with our Content Standards as set out in our Acceptable Use Policy.
Where you have purchased an Animation (whether on a one-off basis or as part of a subscription), then your use of that Animation will be subject to our Extended Animation License as the case may be, and the relevant Terms of Supply.
Data Limits
When you set up a Zebra Orchid Video account, you will be granted 500mb of online storage for your Animations. This service is offered free of charge, and without any representations or warranties. You are responsible for downloading and backing up your Animations and should not rely on our storage.
Any Animations on your account will be automatically deleted after 30 days without further notice to you.
Do not rely on information on this Site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the Site, including comments sections and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
If you are a business user:
Uploading content or Customer Materials to our Site
Whenever you make use of a feature that allows you to upload content to our Site, to make contact with other users of our Site, or to upload Customer Materials to our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant and represent that any such contribution or Customer Materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and representation.
We also have the right to disclose your identity to any third party who is claiming that any content posted or Customer Materials uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use content you upload
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the website and across different media.
Rights you are giving us to use Customer Materials you upload
Any Customer Materials you upload to our Site will be considered non-confidential. You retain all ownership rights in your Customer Materials, but you grant us a non-exclusive licence to use, store and copy that content for the purposes of providing you with the relevant service on our Site. Full details can be found in the relevant Terms of Supply.
Malicious software
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless expressly agreed with us.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Extended Animation License
This Extended Animation Licence applies to animations created using the Zebra Orchid platform and use of such Animations is subject to the terms of this Licence.
1. GRANT AND SCOPE OF LICENCE
1. We hereby grant to you a non-exclusive, non-transferable, global, royalty-free licence to use the Animation on the terms of this Licence.
2. You may:
1. use the Animation for your own internal business purposes;
2. make copies of the Animation;
3. modify, amend, transpose and otherwise make derivative works from the Animation and
4. subject to the provisions of clause 3.b, grant an Animation Licence to your client.
3. Where you create Derivative Works of the Animation, then you agree that the terms of this Licence shall apply to such Derivative Works save as expressly set out herein.
4. Your Animation may have been created using images, logos, videos, audio or other elements uploaded onto our platform and not supplied by us ("Customer Materials").
5. You acknowledge that all Intellectual Property Rights in the Animation, save as to any Customer Materials incorporated therein, belong to us and that the rights in the Animation are licensed (not sold) to you, and that you have no rights in or to the Animation other than the right to use it in accordance with the terms of this Licence.
6. We shall have no liability in respect of any Customer Materials.
7. We shall have no liability in respect of any modifications, amendments or changes made to the Animation by any person not undertaken on the Zebra Orchid platform.
2. TRANSFERS AND SUB-LICENSING
a. You are not permitted to assign this Licence to any other person without our prior written consent, and we may place conditions on such assignment including, but not limited to, the right to charge an administration fee.
b. You may not sub-licence this Licence other than as follows:
i. to:
1. your own group companies; or
2. to one third party (“Your Client”) provided that the sub-licence must be as part of additional services or products provided by you to Your Client, and upon your granting of such sub-licence you shall cease to use the Animation for your own purposes, and in each case the sub-licence must be on terms no less protective of our rights than those contained in our Animation Licence; or
ii. to third parties solely for the promotion of your own business, products and/or services
c. Where you have sub-licenced the use of the Animation, you agree to give us all reasonable co-operation we may require to establish our ownership of the Animation.
d. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
3. DURATION AND TERMINATION
a. This Licence shall endure unless and until:
i. you fail to make payment of any amount due to us from you, and fail to make payment within 14 days of the due date;
ii. you use or otherwise exploit the Animation or any Derivative Work in breach of the provisions of this Licence; or
iii. you sub-licence, or attempt to sub-licence, this Licence or any rights in the Animation or any Derivative Works in breach of the provisions of this Licence.
b. Upon termination of this Licence you must immediately cease using the Animation and delete all copies held by you other than one copy which may be retained solely for your internal records.
4. OTHER IMPORTANT TERMS
a. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
b. Nothing in this Licence shall limit or exclude any statutory rights or remedies that you may have if you are a consumer, and are not using or exploiting the Animation for business purposes.
c. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
d. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.
e. You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) brought by you and arising out of or in connection with this Licence or its subject matter or formation. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Service Availability
Our service availability commitment is a minimum of 99%. Planned Maintenance may be carried out during the maintenance window of 07:00h to 12:00h (GMT).
Currently, Planned Maintenance is one hour for weekly maintenance, plus one hour for monthly maintenance, plus two hours for quarterly maintenance.
Under the terms of your subscription we will use reasonable endeavours to provide not less than 3 hours’ notice of any maintenance which is in excess of this, or which falls outside of the maintenance window. Where we have done this, such maintenance will be deemed to be Planned Maintenance.
If actual maintenance exceeds the time allotted for Planned Maintenance it is considered an Unplanned Outage. If the actual maintenance is less than the time allotted for Planned Maintenance, that time is not applied as a credit to offset any Unplanned Outage time for the month.
The measurement point for Service Availability is the availability of the Service at our data centre’s internet connection points. All measurements are performed at five minute intervals and measure the availability of an availability test page within the Services within 30 seconds.
Service Availability does not include any customer-caused or third-party caused disruptions (except to the extent that such outages or disruptions are caused by those duly authorised third-parties sub-contracted by us), or outages or disruptions attributable in whole or in part to force majeure events.
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website. This policy applies to all users of, and visitors to, our Site.
Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions.
Prohibited Uses
You may use our Site only for lawful purposes. You may not use our Site:
You also agree:
Interactive Services
We may from time to time provide interactive services on our Site, including, without limitation:
(“Interactive Services”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant Interactive Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards ("Content Standards") apply to any and all material which you contribute to our Site ("Contributions"), any images, logos, text, videos or audio that you upload in order to create an animation ("Customer Materials"), and to any Interactive Services associated with our Site.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Contributions, Customer Materials and any animations created ("Animations") must not:
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Website terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.