Custom Avatar Policy

Effective Date: February 1, 2025

This Custom Avatar Policy (“Policy”) outlines the terms and conditions governing the creation, upload, licensing, and use of custom avatars and related video content (“Custom Avatar Content”) on the MakeUGC.ai platform (“Platform”). This Policy is incorporated into, and is subject to, the MakeUGC.ai Terms of Service (“Terms”) and any other applicable policies referenced therein. By accessing or using the Platform to create or upload Custom Avatar Content, you (“User”) agree to be bound by this Policy, the Terms, and all other applicable policies.

1. Scope

This Policy applies to all Users who create, upload, or otherwise use Custom Avatar Content on the Platform. It also applies to any video content produced using the Platform’s artificial intelligence (AI) tools. Users are responsible for ensuring that any Custom Avatar Content they create or upload complies with all applicable laws, regulations, and licensing requirements.

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2. Definitions

  1. “Custom Avatar Content”: Any visual depiction, image, video, or AI-generated or user-generated content featuring an avatar, likeness, or persona that a User creates or uploads to the Platform.
  2. “Licensing”: The legal right or permission granted by the rights holder to reproduce, distribute, display, or otherwise use creative works (e.g., images, likenesses, video clips, music) in Custom Avatar Content.
  3. “Platform” or “MakeUGC.ai”: The website, applications, and services operated by MakeUGC.ai that enable Users to create, upload, edit, and distribute content, including Custom Avatar Content.

3. Licensing and Intellectual Property

  1. User’s Responsibility to Obtain Licenses:  All videos and any other media incorporated into Custom Avatar Content must have full and valid licenses. This includes, without limitation, any stock images, stock videos, sound recordings, performances, music, or other third-party content used in or as part of the Custom Avatar Content.  Users represent and warrant that they have obtained any and all necessary rights, licenses, clearances, and permissions to use, reproduce, distribute, and publicly display their Custom Avatar Content, including all underlying components.
  2. Ownership:  MakeUGC.ai does not claim ownership of the Custom Avatar Content uploaded or created by Users. However, by uploading or creating Custom Avatar Content on the Platform, Users grant MakeUGC.ai a non-exclusive, worldwide, royalty-free license to host, store, transfer, display, perform, and distribute the Custom Avatar Content as necessary to operate the Platform and provide services to the User.
  3. Prohibited Content:  Users are prohibited from using the Platform to create or upload any content that infringes upon the rights, including intellectual property rights, of any third party.  Users may not upload or create content that violates any applicable law, regulation, or policy of MakeUGC.ai, including but not limited to the MakeUGC.ai Content Policy.

4. User Responsibilities and Conduct

  1. Compliance with Laws: Users are solely responsible for complying with all applicable federal, state, local, and international laws and regulations concerning their Custom Avatar Content and any resulting distribution.
  2. Assumption of Liability:  Users bear full responsibility for all activities that occur in connection with their Custom Avatar Content, including any claims, losses, or damages arising out of its creation, use, distribution, or display. MakeUGC.ai accepts no liability for any claims, lawsuits, or disputes arising from or related to the creation or use of Custom Avatar Content by Users.
  3. Accuracy of Information: Users must provide accurate and complete information concerning any Custom Avatar Content they create or upload, including any required attribution or copyright notices.

5. Indemnification

To the fullest extent permitted by law, Users agree to indemnify, defend, and hold harmless MakeUGC.ai and its affiliates, officers, directors, employees, agents, partners, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:

  1. The User’s breach of this Policy, the Terms, or any other applicable MakeUGC.ai policy;
  2. The User’s infringement or violation of any third-party rights, including intellectual property or privacy rights;
  3. The User’s violation of any laws, rules, or regulations in connection with the creation or use of Custom Avatar Content on the Platform;
  4. Any claim that the User’s Custom Avatar Content caused damage to a third party.

6. Disclaimers and Limitation of Liability

  1. Platform as a Conduit:  MakeUGC.ai operates solely as a technology platform, providing AI-based tools for creating and editing video content. Any content generated or uploaded by Users is the sole responsibility of the User, and MakeUGC.ai does not exercise editorial control over or endorse any Custom Avatar Content.
  2. No Warranty: MakeUGC.ai makes no representation or warranty regarding the legality, validity, or accuracy of any Custom Avatar Content. The Platform is provided on an “as-is” and “as-available” basis without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
  3. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall MakeUGC.ai be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Policy or the use of the Platform, even if MakeUGC.ai has been advised of the possibility of such damages.

7. Termination and Enforcement

  1. Policy Violations: MakeUGC.ai reserves the right to remove any Custom Avatar Content and/or suspend or terminate the accounts of Users who violate this Policy, the Terms, or any other applicable MakeUGC.ai policies.
  2. Reporting Violations: Users may report any violations of this Policy or the Terms to support@makeugc.ai. MakeUGC.ai will review all reports and take any actions deemed appropriate and necessary.

8. Amendments

MakeUGC.ai may update or modify this Policy at any time in its sole discretion. When changes are made, MakeUGC.ai will post the revised version on the Platform and update the Effective Date at the top of the Policy. Continued use of the Platform after any changes to this Policy constitutes acceptance of those changes.

9. Governing Law and Dispute Resolution

This Policy, and any disputes arising from or relating to it, shall be governed by and construed in accordance with the laws specified in the MakeUGC.ai Terms of Service. All disputes shall be resolved in the manner specified in the Terms.

10. Contact Information

For any questions or concerns about this Policy or the use of Custom Avatar Content on MakeUGC.ai, please contact:

help@makeugc.ai