bn head
0

Terms of Use

 

TERMS OF USE

Last updated: December 31, 2012

Please read these Terms of Use carefully before using our site.

Animate North America., Ltd (“Animate N.A.”) provides its website and all site-related services (collectively, the “Site”) subject to your compliance with, and acceptance of, the following terms and conditions (the “Terms of Use”).

By accessing or using any features of this Site owned and operated by Animate N.A., you agree to be bound by these Terms of Use. All visitors to and users of any aspects of the Site (collectively, "Users") are bound by these Terms of Use. Animate N.A. reserves the right, at its sole discretion, to change, modify, alter or update the Terms of Use, in part or in whole, at any time without prior notice to you. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the Site.

Our Site contains links to third party websites. If you click on one of those links, you will be taken to websites we do not control. These Terms of Use do not apply to such websites. You should read the terms of use of the other websites carefully. We are not responsible for such third party websites.

1. Scope.

Animate N.A. controls and operates this Site from the United States of America. This Site is intended for use by United States residents only and contains information regarding Animate N.A. products and services available for sale or distribution only within the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that Animate N.A. intends to announce or offer these products or services in your country.

2. Registration.

In order to access some features of the Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name ("User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

3. Eligibility.

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site. In the event we become aware you are under 18, we will terminate your registration.

4. Privacy.

Animate believes strongly in the protection of the privacy of Users and our customers. Data collection and the use of data collected from the Site is governed by our Privacy Policy which we encourage you to review.

5. Copyrights and Trademarks.

The content, organization, graphics, design, and other matters related to the Site are protected under applicable U.S. and international copyright and other proprietary laws, including but not limited to intellectual property laws. The content on this Site is only for the purpose of shopping on this Site or placing an order and for no other purpose. Any other use, including, modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without Animate N.A.’s prior express written permission, is strictly prohibited. All software used on this Site is the sole property of Animate N.A. or those supplying the software. All rights not expressly granted herein are reserved.

Animate is a trademark or registered trademark of Animate N.A. All other marks, names, and logos mentioned herein are the property of their respective owners.

6. Security.

You are responsible for maintaining the confidentiality of your password; you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

7. Use of the Site/License/Services.

Animate N.A. grants you a limited license to make personal use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Site. Except as noted above, Users of the Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Animate N.A. or any third party.

You may not use, frame or utilize framing techniques to enclose any Animate N.A. trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Animate N.A.'s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Animate N.A. name, trademark, or product name without Animate N.A.’s express written consent.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. Permitted uses of the Site include searching the Site for product information, and purchasing goods or services from the Site for personal use, not for resale.

8. Restrictions on Rights to Use.

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms of Use;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
  • reformat or frame any portion of any Web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any User;
  • use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;
  • use the Site intentionally or unintentionally, to violate any applicable local, state, federal or international law;
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph;  or
  • use this site for the purpose of resale, a resale, other profit.

9. Product Availability and Pricing.

All products offered for sale on this site are subject to availability from the manufacture. We cannot be responsible for changes to products that may not be communicated to us, nor cancellations due to restricted availability or cancellation of items at the manufacture level. The fulfillment of orders placed is strictly subject to such availability and while supplies last.

Except where noted otherwise, the retail price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacture or supplier, according to industry standard.

Please note that it is our policy that credit card payments for merchandise will not be billed to your card until your merchandise is ready to ship. The prices displayed at the Site are quoted in U.S. Dollars and can only be paid in U.S. Dollars.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Animate N.A. shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. Animate N.A. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Animate N.A. shall immediately issue a credit to your credit card account in the amount of the incorrect price.

10. Disclaimer.

THIS SITE IS PROVIDED BY ANIMATE N.A. ON AN "AS IS" BASIS. ANIMATE N.A. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANIMATE N.A. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANIMATE N.A. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANIMATE N.A. OR THROUGH OR FROM ANIMATE N.A. WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11. Disputes.

Any dispute relative to the Site or use or inability to use the Site will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Site shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this these Terms of Use, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

12. Applicable law.

By visiting Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Animate N.A.

13. Miscellaneous.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Animate N.A. in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Animate N.A. regarding use of the Site. Animate N.A.'s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Site and any notices regarding the Site.

14. Site Content and Information

Animate N.A.’s Site contains information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Animate N.A. makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.

15. Changes to the Site.

You agree and understand that the Site, including any and all features available via the Site, may be modified by us, in our sole discretion, at any time without prior notice. By using the Site and/or its affiliated sites and/or subdomains after implementation of such modifications, alterations or updates, you agree to be bound by the revised terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use.