Agora Community
Terms of Use
Last update: 2023-11-14
Welcome to the Agora Community (hereinafter referred to as the “Agora
Community”) operated by
Agora VFX Inc. (hereinafter “Agora” or “we”).
By using the Agora Community, you accept to be bound by these Terms of Use.
If you do not accept these Terms of Use, you must immediately stop using the Agora
Community.
1. The Agora Community
Access and use of the Agora Community by automated means, such as bots or crawlers, is
prohibited except as provided in a written agreement between you and Agora.
We make no warranty as to the constant availability of the Agora Community, in whole or in part,
and we reserve the right to interrupt access to the Agora Community for the general public or
for one or several users for any period of time, at our sole discretion.
2. Agora Community Account
You must provide accurate, current and complete information during the creation or activation
process of your Agora Community Account and keep your information up to date.
You are responsible for maintaining the confidentiality and security of your Agora Community
Account credentials and may not disclose your credentials to anyone. You must immediately notify
us if you know or have any reason to suspect that your credentials have been lost, stolen or
otherwise compromised or in case of any actual or suspected unauthorized use of your Agora
Community Account. You are liable for any and all activities conducted through your Agora
Community Account.
3. Agora Community Content
Content available through the Agora Community, including text, assets, images, drawings, video
sequences, audio content, reviews and logos, is our exclusive property or is used under
appropriate license or permission from the owners, holders, or licensees of the applicable
rights. Other users own some content available on the Agora Community. You may use content
available through the Agora Community only as expressly permitted by the rights owners. Use
permissions are stated on the page where content is made available. Most content is not
available for commercial use.
You agree that you will not copy, use or share content posted by other users of the Agora
Community without their permission, where applicable.
You are authorized to share some Agora Community content on social media platforms through
sharing features available on the Agora Community.
4. User Content
Some features of the Agora Community allow you to post content, including comments, on the Agora
Community that can be made accessible to the public or certain members of the Agora Community
(the “User Content”). You are fully responsible for any User Content you post on the
Agora Community and must ensure that you have all necessary authorizations to publish such User
Content. You represent and warrant to Agora that you are authorized to share your User Content
with the public worldwide and to grant us the license described below. You further warrant that
your User Content does not infringe on other people’s or organizations’ rights, including
intellectual property rights.
By posting User Content on the Agora Community, you retain all proprietary rights in and to your
User Content. Still you grant Agora a worldwide, royalty-free, and non-exclusive license to use,
modify, adapt, translate, communicate to the public by telecommunication or otherwise any User
Content only to the extent necessary to operate the Agora Community and provide our services to
you and other users.
When you post User Content to the Agora Community, you agree that depending on our choices, the
general public or other members of the Agora Community may have access to your User Content.
Agora does not grant permission to any person to use your User Content other than as necessary
to use the Agora Community. Still, Agora does not take responsibility for the actions of the
member of the Agora Community or person visiting the Agora Community Website. You agree
that you will not make a claim against Agora because a third party is misusing your User
Content based on the fact that this third party accessed your User Content through the
Agora Community.
We may remove from the Agora Community any User Content posted in violation of these Terms of
Use or if deemed inappropriate at our sole discretion. However, we do not systematically approve
User Content before it is posted and will not be responsible for User Content.
5. Discord Server
If you choose to access the Agora Community Discord Server, Discord terms and conditions may
apply in addition to these Terms of Use.
6. Reviews
This section applies to reviews purchased on the Agora Community (the “Review Service”).
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Purpose. The purpose of the Review Service is to provide feedback on your 3D
animation materials (a “review”). Agora may publish public review.
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Reviews. Pre-recorded reviews are provided within a reasonable time after your order.
No refund will be provided under such circumstances.
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Order and Payment. Your order is subject to the availability of the Review Service,
the availability of the reviewers, and the appropriateness of your Submitted Materials.
Agora may cancel your order at its sole discretion, in which case you will be provided a
full refund. You authorize Agora and its payment processing contractors to charge your
payment card in accordance with your order.
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Intellectual Property
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License. You hereby grant Agora a fully paid-up, non-exclusive, transferable,
sublicensable license (subject to the restrictions set forth hereafter) to use,
modify, copy, adapt, translate, distribute, or publish on any medium in any
territory any materials you submit to the Service (your “Submitted
Materials”).
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If you selected a Private Review, the License shall allow Agora to use your
Submitted Materials only to the extent necessary to provide you with the Service.
Agora shall not be authorized to disclose or publish your Submitted Materials or the
result of your review.
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If you selected a Public Review, you irrevocably authorize Agora to publish your
Submitted Materials and the result of your review on any medium or platform without
restrictions, including for promotional purposes, you irrevocably waive, in favor of
Agora, any moral rights you may hold in your Submitted Materials, you irrevocably
waive any rights to oppose the use of your image or likeness to the extent the same
is included in your Submitted Materials or materials created as part of the Service.
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Warranty. You warrant that (a) your Submitted Materials are original works and that
you are authorized to grant Agora the license set forth herein, (b) your Submitted
Materials do not contain any harmful code or content that is illegal in Canada.
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License from Agora. Any material provided to you by Agora pursuant to the Review Service is
subject to intellectual property rights which are reserved by Agora. Agora grants you a
license to use such materials for your own personal or professional use. You may share such
materials privately, but you may not publish the results of your review without Agora’s
prior consent. If you selected a Private Review, the results of your review are licensed to
you on an exclusive basis.
7. Personal Data
We may collect personal data through the Agora Community. To use the Agora Community, you must
consent to the collection, processing, and disclosure of your personal data under our Privacy
Policy. By accepting these Terms of Use, you declare that you have read our Privacy
Policy and
that you give us your consent.
Under certain circumstances, the collection and processing of personal data is subject to your
specific consent, which may be withdrawn at any time, as provided in our policy.
8. Users’ Feedback
If you choose to contact us about improvements to the Agora Community or to our services (such
communications being hereinafter designated as “Feedback”), you authorize us to use your
Feedback without restrictions. You warrant that your Feedback contains no information that is
confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or
implied obligation of confidentiality with respect to your Feedback; (ii) we are authorized to
use or disclose (or choose not to use or disclose) your Feedback for any purpose whatsoever, in
any way, on any medium, anywhere in the world; (iii) we may already have considered or be in the
process of developing elements identical or similar to those mentioned in your Feedback; and
(iv) you will not be compensated in any way with regards to our use of your Feedback.
9. Prohibited Use
You may not use the Agora Community for any purpose that is unlawful or prohibited by these
Terms of Use.
Without limiting the generality of the foregoing, you are prohibited from, among other things,
making any use of the Agora Community or allowing any third party to make any use of the Agora
Community that:
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violates these Terms of Use;
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violates applicable laws or regulations;
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involves copying, using, or distributing any content available through the Agora Community
without permission from the intellectual property rights holders;
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disseminates or promotes the dissemination of pornographic content;
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harasses or advocates harassment of another person;
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involves transmitting unwanted junk mail or mass emails (spam);
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involves disseminating any malicious computer code, virus, Trojan horse, worm, harmful code,
shutdown mechanism, or similar mechanism;
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encourages illegal activities or conduct;
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solicits passwords or personally identifiable information for commercial or illicit purposes
from other users;
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interferes with or disrupts the functionality of any website or any server or network
involved in the operation of the Agora Community;
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systematically collects or 'harvests' the names or other information about other users of
the Agora Community;
10. Disclaimer of Warranty
Your use of the Agora Community and the services offered through it is entirely at your
own risk. The Agora Community and the services offered through it are provided 'as is'
and, to the extent permitted by law, without warranty of any kind, whether express or
implied.
We do not warrant that access to the Agora Community and the services offered by or through it
will be uninterrupted or secure or that the content available through the Agora Community will
be error-free, accurate, complete, or current. We do not warrant the results obtained from the
use of the website or the Agora Community or the accuracy or reliability of any information
obtained through the website.
We do not warrant that material downloaded through the Agora Community is free of viruses or
other destructive code that may damage or contaminate your computer equipment or other property.
We will not be liable for any damage to your computer system or loss of data that may result
from the download of any data or materials from the Agora Community.
11. Limitation of Liability
[Not applicable to consumers in the Province of Quebec]
To the fullest extent permitted by law, you agree that Agora will not be liable or responsible
for any damages or injury of any kind that you may suffer in connection with your use of the
Agora Community or as a result of your inability to use the Agora Community unless such damage
is directly caused by Agora gross negligence or intentional action.
This limitation of liability includes, but is not limited to, loss of profits, loss of
opportunity, property damage, equipment failure, disclosure of confidential information,
penalties, fines, and expenses that may be incurred or suffered by any user of the Agora
Community as a result of their use of the Agora Community.
12. Indemnification
You agree to indemnify, defend, and hold harmless Agora, its affiliates, directors, officers,
shareholders, employees, agents, and licensors from and against any and all damages, claims,
liabilities, losses, expenses, claims, fines, penalties, costs, and liabilities, including
reasonable legal fees and expenses, arising out of:
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Of any alleged violation by you of these Terms of Use.
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Any allegation that your User Content is infringing on the intellectual property rights of
any person.
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Your unauthorized use of any content available on the Agora Community.
13. Governing Law
These Terms of Use shall be governed by the laws of the Province of Quebec and the laws of
Canada applicable therein. They shall be interpreted in accordance with these laws.
[Not applicable to consumers in the Province of Quebec]
Any dispute, controversy, or claim arising from these Terms of Use or your use of the Agora
Community and the services provided thereby shall be exclusively adjudicated by a competent
court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding
any other forum in any jurisdiction. You waive any right, if any, to claim that the jurisdiction
mentioned above is not appropriate, including under the doctrine of forum non conveniens.
14. Severability
If a provision of these terms of use is, for any reason, found to be invalid, illegal or
unenforceable, such invalidity, illegality, or impossibility of performance will not impact the
other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal
or unenforceable provision had never been a part of them.
15. Changes to Terms of Use
We may modify these Terms of Use at any time by notifying you upon sign-in. You will need to
accept the revised Terms of Use before accessing the Agora Community once the modified Terms of
Use are in force.