TERMS OF SERVICE
TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Customer” or “You”) and Animating Kids (the “Company”) regarding the terms under which the Company will provide Customer with access to the Services.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT,” Customer SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Customer agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Customer. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
TERMINOLOGY.
“Effective Date” - refers to the date that the Company confirms Customer’s right to use the Access Website.
“Exercise Files” - refers to the files (documents, photos, and so on) that an author may use during the applicable course.
“Gift Access” - refers to a right to use the Access Website as a recipient of a gift, i.e., the recipient does not have to provide credit/debit card information during the registration process. The sender of the Gift Access is not deemed a Customer, but the recipient of a Gift Access will be deemed a Customer upon Acceptance of these Terms of Service.
“No Fee Trial” - refers to a temporary right to use the Access Website at no charge during the permissible No Fee Trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A No Fee Trial may or may not require the insertion of credit/debit card information.
“Premium Content” - means the Exercise Files and the Standard Content offering within the Access Website.
“Public Website” - means that portion of the Website that is available for use by any person without the need to be a Customer.
“Services” - means the Public Website, the Access Website, and their entire contents, features, and functionality (including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to the foregoing).
“Standard Content” - refers to content within the Access Website that does not include the Exercise Files.
“Customer” - refers to an individual, entity, organization, or institution that has the right to access the Access Website via an Access Fee (“Paid Access”), Gift Access, No Fee Trial, or other basis. A Customer must be at least 18 years of age or, as applicable, the age of majority in the country, state, or other jurisdiction in which the Customer resides (and if a minor, have the permission of a parent or legal guardian to access the Access Website), and possess the legal right and ability to enter into binding contracts. Furthermore, a Customer may be an ‘Individual’ or ‘Multi-User’ Customer as follows:
‘Individual Customer,’ refers to an Access by one individual only (“Individual Access”); or
‘Multi-User Customer,’ refers to an entity, organization, or institution, that accesses the Services for use by its constituents, who may include employees, students, faculty, or other end users, etc. (“Constituents”) (“Multi-User Access”). The Customer under Multi-User Access will remain liable for all acts or omissions of its Authorized End Users (defined below) with respect to access and use of the Services; furthermore, and for the avoidance of doubt, the Customer will be responsible for ensuring that its Authorized End Users remain fully compliant with these Terms of Service, the Privacy Policy, and the Website Use Policy. With respect to Multi-User Access, the following terms will apply:
“Authorized End Users” refers to the Constituents of the Multi-User Customer. The number of Authorized End Users under any single Multi-User Access may not exceed the number of permitted seats paid under the Access (“Maximum Seats”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is [email protected]; examples of generic identifiers include the following: [email protected] or [email protected].
“Master Administrator” means the administrator designated by the Multi-User Customer who has reporting access and management tools and who may substitute Authorized End Users not to exceed the number of Maximum Seats.
Customer agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”) as confidential and to not provide any other person with access to the Access Website or portions of it using Customer’s (or the Authorized End User’s) Authentication Information. Customer will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Customer or Authorized End User access to the Services at any time, in its sole discretion, for any reason, including if, in the Company’s opinion, Customer and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.
“Access” - refers to a right to use the applicable portion of the Access Website as a Customer under Paid Access, Gift Access, No Fee Trial, or other form of right and/or fee to access the Access Website.
“Access Term” - means the period of time that a Customer may utilize the applicable portion of the Access Website.
“Access Website” - means the applicable portion of the Website (i.e., Premium Content or Standard Content or any portion thereof), that is available only to a Customer.
“Virus” means any item or device (including any software, code, file, or program) which is designed to prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment, or network, or any other service or device; prevent, impair, or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses, and other similar things or devices.
“Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files, and other technology inherent in the Company's website located at www.animatingkids.com and m.animatingkids.com (or such other web address notified by the Company to Customers at any time), and includes the entirety of both the Access Website and the Public Website.
INFORMATION ABOUT THE COMPANY. Animating Kids is headquartered at 6300 Sagewood Dr Suite H #426 Park City, Utah 84098.
CUSTOMER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subject to these Terms of Service, Customer will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the Access Website applicable to the Access type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change, or enhance the Services and convert a Customer to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Customer’s use of the Services and on reasonable prior notice to Customer (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
Customer agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Customers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Customer and/or an Authorized End User access to the Access Website if, in the Company’s sole discretion, Customer and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
Customer accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
Customer promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Access) that:
Access privileges may not be transferred to any third parties;
It will not access, store, distribute or transmit any Viruses;
It will comply with all applicable laws and regulations with respect to use of the Services;
It will not rent, lease, sublicense, resell, distribute, transfer, copy, or modify the Services or any component thereof;
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating, and maintaining the hardware and software environment, network connections, and telecommunication links necessary to access and use the Services;
It will not use the Services in any manner, or in connection with any content, data, hardware, software, or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right, or that is threatening, harassing, or malicious.
No Refunds: All fees are non-refundable. Once a Customer has purchased access to the Services, no refunds will be provided under any circumstances, including but not limited to, dissatisfaction with the Services or failure to use the Services.
AVAILABILITY OF WEBSITE. Customer recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Customer further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.
INTELLECTUAL PROPERTY RIGHTS.
The Services are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Services or any portion thereof, is transferred to any Customer or Authorized End User, and all rights not expressly granted herein are reserved by the Company.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Customer may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
COMPANY OBLIGATIONS. The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
FEES AND PAYMENT.
Access Fee. Customer agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Access Term (“Access Fee”). The Company reserves the right to change the Access Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
No Fee Trial. If Customer cancels a No Fee Trial before it expires, Customer’s credit/debit card will not be charged. If Customer does not cancel before expiration of the No Fee Trial, Customer will automatically be enrolled in the appropriate access (depending on Customer’s No Fee Trial sign-up choice), and Customer’s credit/debit card will be billed accordingly.
Gift Access. If Customer receives a Gift Access, Customer shall not be required to provide billing information.
Payment Details. Recurring charges are billed in advance of service. Customer agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact, and billing details. Customer further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Access Fee due for the Access Term (and Renewal Term). If, for any reason, Customer’s credit/debit card company refuses to pay the amount billed for the Services, Customer agrees that Company may, at its option, suspend or terminate Customer’s access to the Services and require Customer to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Customer agrees that until its access to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Taxes. Customer is responsible for all applicable sales, use, transfer, or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
TERM AND TERMINATION.
Term.
General Access. Customer may access the Services for the applicable term of the specific Access commencing on the Effective Date (“Initial Term”). Thereafter, the Access will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Access Term”), until Customer notifies Company of its intention not to renew prior to the end of the then-current term.
No Fee Trial Access. Customer may cancel a No Fee Trial at any time before it expires by following the relevant instructions. Continuance of the Access beyond the expiration of the No Fee Trial will incur the relevant fee.
Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
Effect of Termination. Customer will have no further rights to access the Access Website. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
Individual Access Termination (applicable only to residents of a member country within the European Union). If you are an Individual Customer who is a resident of a European Union member country, then in addition to any other rights under these Terms of Service, you may cancel any Access for any reason during the fourteen (14) day period from the Effective Date by sending written notice to the Company at [email protected]. If you do so, and with respect to any paying Access, Company may, but is not obligated to, charge you a proportionate amount of the Access Fee for the part of the Access that you have used.
CONFIDENTIALITY. Customer agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Access Website.
THIRD PARTY LINKS OR INFORMATION. This Website may contain links to other websites that are not operated by or related to the Company. The Company is not responsible for the content, accuracy, or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by the Company. A Customer that leaves this Website to access these third-party sites does so at its own risk.
3) CUSTOMER WARRANTIES, RIGHTS, AND OBLIGATIONS
Customers are granted a limited, non-exclusive, revocable, non-transferable right to access the Services provided by Animating Kids. The Company may update or change the Services at any time without prior notice. By using the Services, Customers agree to:
Comply with all applicable laws and the Company’s published rules and regulations.
Not transfer access privileges to third parties.
Not access, store, distribute, or transmit viruses.
Not rent, lease, sublicense, re-sell, distribute, transfer, copy, or modify the Services or any component thereof.
Not reverse engineer or create derivative works from the Services.
Not alter any copyright, trademark, or other proprietary notices from the Services.
Be responsible for the necessary hardware, software, network connections, and telecommunication links required to access the Services.
Ensure that Authorized End Users under Multi-User Access comply with these Terms.
4) AVAILABILITY OF SERVICES
The Company is not liable for delays or interruptions caused by internet traffic, maintenance, upgrades, or any factors outside of its control.
5) INTELLECTUAL PROPERTY RIGHTS
The Services and all related content are owned by Animating Kids or its licensors and are protected by intellectual property laws. No rights are transferred to the Customer other than the right to use the Services under these Terms. Customers may not use any of the Company’s trademarks without permission.
6) COMPANY OBLIGATIONS
The Company will make reasonable efforts to ensure the Services are accessible but does not guarantee uninterrupted access and is not responsible for interruptions due to factors beyond its control.
7) FEES AND PAYMENT
Customers agree to pay the appropriate fees for access to the Services. All fees are non-refundable and stated in U.S. dollars. The Company reserves the right to change fees with notice. Customers are responsible for providing valid payment information and authorizing charges to their debit/credit cards.
8) TERM AND TERMINATION
Access to the Services begins on the Effective Date and will renew automatically unless terminated by the Customer. The Company reserves the right to terminate access for any violation of these Terms.
9) CONFIDENTIALITY
Customers agree to keep all information from the Services confidential.
10) THIRD-PARTY LINKS
The Company is not responsible for the content or accuracy of third-party websites linked to the Company’s Website. Customers access such links at their own risk.
11) DISCLAIMER OF WARRANTIES
The Services are provided "as is" without warranties of any kind. The Company does not guarantee the Services will be error-free, secure, or meet the Customer's needs.
12) LIMITATION OF LIABILITY
The Company is not liable for any indirect, incidental, special, or consequential damages arising from the use of the Services. Liability is limited to the amount paid by the Customer in the two months preceding the claim or $200, whichever is less.
13) INDEMNITY
Customers agree to indemnify and defend Animating Kids against any claims arising from their use of the Services.
14) SURVIVAL
Provisions relating to proprietary rights, fees, confidentiality, disclaimers, indemnification, and liability limitations will survive the termination of these Terms.
15) CHANGES
The Company may amend these Terms to reflect changes in its business needs. Changes are effective immediately upon posting, and continued use of the Services constitutes acceptance.
16) ASSIGNMENT
Customers may not transfer these Terms. The Company may assign or subcontract its obligations at any time.
17) INJUNCTIONS
The Company may seek injunctive relief for breaches of confidentiality or proprietary rights.
18) GOVERNING LAW AND VENUE
These Terms are governed by California law. Disputes will be resolved in Santa Clara County, California courts. EU residents may bring claims in their local courts.
19) NOTICES
Notices can be sent to [email protected] or Animating Kids, 6300 Sagewood Dr Suite H #426 Park City, Utah 84098.
20) FORCE MAJEURE
The Company is not liable for delays or failures due to events beyond its control, such as natural disasters, technical failures, or governmental actions.
21) PRIVACY POLICY
Customers agree to the Company’s Privacy Policy, which may be updated. The Company will take reasonable steps to protect Customer data.
22) CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
If a child under 13 uses the Services, the Customer consents to such use and agrees to comply with COPPA requirements.
23) NO THIRD PARTY BENEFICIARIES
These Terms do not confer any rights on third parties.
24) SEVERABILITY
If any provision is found invalid, the remaining provisions will continue in effect.
25) WAIVER AND AMENDMENT
Failure by the Company to enforce any part of these Terms is not a waiver of its rights. Amendments must be in writing.
26) GEOGRAPHIC RESTRICTIONS
Access to the Services may be restricted by U.S. Export Controls. Customers are responsible for compliance with local laws when accessing from outside the U.S.
27) COMPLETE UNDERSTANDING
These Terms, along with the Privacy Policy, constitute the entire agreement between the Customer and Animating Kids.
EFFECTIVE DATE: September 01, 2024