Last updated: December 31, 2012
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.
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.
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.
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.
- 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.
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.
12. Applicable law.
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.