Last Updated on 9/9/2011
Next Education, LLC dba AnimationMentor.com (“Animation Mentor,” “we,” or “us”) is an online animation school. We provide a variety of resources, content, services and products (collectively, our “Products and Services”) on or through websites owned or operated by Animation Mentor such as www.animationmentor.com, www.animationtipsandtricks.com and other Animation Mentor sites (collectively, “Animation Mentor Sites,” “Site,” or “Sites”) as well as third-party platforms (“Third-Party Platforms”) such as Facebook, Blogger and other social networking.
1. Important Rules When Visiting our Sites
2. Modifications to Agreement
3. Play Nice and Use Common Sense
We’re glad you’re here. The web is full of temptations — but hold your ground. Please play nice with your and other people’s information.
The Sites and the Products and Services are for your enjoyment. Animation Mentor grants you the right to use our Sites and Products and Services for personal and entertainment purposes only, and subject to the terms and conditions of service and use set forth in our online policies.
A “Visitor” is someone who is browsing through our Sites. A “Member” is someone who has signed up on our Site(s) to receive our online newsletter or other service (such as a virtual campus tour or webinar) or participate in any community webpage. An “Applicant” is someone who has completed or submitted a school application through one of the Site(s). Visitors, Members and Applicants are referred to collectively as “Users.”
Although you can access and read portions of the Sites as a Visitor, Members or Applicants may have access to certain Site features not available to Visitors, including posting content, and sharing certain information on our social media sites. Some of our Sites may be accessed without registering with us; other Sites may require subscription or registration to access certain features.
Remember to follow the rules of common courtesy. Give careful thought to the information you post about yourself on our Sites and that you choose to share with other Users.
3a. Online Community Guidelines
In the spirit of Animation Mentor, we ask that you also follow the valued rules of common courtesy when taking part in our online community. To help understand, we have compiled the following guidelines.
Online Community Guidelines
- Illegal. We will follow all laws that govern the use of copyrights, trade secrets, etc.
- Copyright Infringement. We will protect all Animation Mentor and student work and intellectual property. Copying any such work and presenting it as your own constitutes trademark, copyright or proprietary infringement.
- Offensive or Derogatory Language. We will not tolerate any such language.
- Off Topic. We strive for relevancy in our online conversations.
- Spam or Promotional. We do support educational postings that contribute to the online community and the practice of mentorship. However, we will remove posts that are designed to bring attention to other products or services that are not purely educational in nature.
- Link(s) to Harmful Sites. These include spam, phishing, illegal downloads, etc.
- Personal Attacks. These include comments about Animation Mentor staff, students, alumni, mentors, instructors and industry professionals. We appreciate constructive criticism about our teaching, but please use the proper channels to discuss these issues — for example, complete end-of-term mentor survey or contact Student Care. If you have concerns with a fellow student, do not voice your concerns over a public forum — instead, contact Student Care.
- Private or Confidential Information. We value privacy and do not approve the use of confidential information in a public forum. This also includes activities that violate other users’ privacy.
- A Potential Conflict or Point of Confusion. These include any communication that may serve to conflict or confuse official Animation Mentor communications.
- Harassment of Any Individual or Entity. All parties associated with Animation Mentor should feel safe in their affiliation with the school.
- Violators may receive a warning before comments are removed, or before individuals are removed from the community.
- We reserve the right to change these guidelines at any time at our sole discretion. The most updated guidelines will be made available online.
You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to use the Sites and register for Membership. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are older than 13 years of age but younger than 18 years of age, that your parent or legal guardian has read and accepted this Agreement.
Important: The Sites are not intended for children under 13. If you are under 13 years of age, please do not use our Sites. There are many other sites that are appropriate for you, and you should talk with your parents or guardian about what sites are best for you. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Animation Mentor may change its eligibility criteria at any time. This provision or sections thereof are void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
5. Members and Applicants; Registration Information
In order to access certain Products or Services (such as receiving our online newsletter, posting comments on our blog or submitting a school application online), you may be prompted to provide personal information that allows us to know who you are, such as your name, date of birth, residence city, state, country, and email address (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships or Applicants’ accounts established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
Applicants: Your affirm that you are 18 years of age or older. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Members or Applicants may also be asked to enter a screen name (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright, or other proprietary right; or a name which we deem to be vulgar or offensive. We reserve the right to delete or change any User Name at our discretion. You are fully responsible for all activities conducted through your Membership or under your User Name.
You may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another User’s name, email address, account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use or access to your password. You should never respond to an online request for a password other than in connection with the log-on process on one of our Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your information, you may be liable for our losses or the losses of others as a result of such unauthorized use.
You acknowledge that we reserve the right to charge for some or all aspects of the Sites. You may cancel your Membership at any time. If you have paid for access to specific Products or Services in advance through a specific date, you will be permitted to use those Products or Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of these Terms, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
We have the right at any time at our discretion to suspend or terminate your Membership or Applicant status, terminate these Terms, and refuse any and all current or future use of the Sites without notice or liability to you. In the event that we suspend or terminate your Membership, Applicant’s status or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership or Applicant status, or for anything else.
6. Information We Provide
Your involvement as part of the Animation Mentor community is what makes our experience so unique. That’s why we work hard to keep our Sites safe. And while we cannot guarantee every statement on the Site is accurately communicated, we do work hard to make sure the information we provide is thorough. Our Sites and our Products and Services are for entertainment and personal purposes only.
We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
We reserve the right to interrupt the Sites with or without prior notice at our discretion. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at our discretion to change or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
7. Non-Commercial Use
Our Sites are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and unauthorized use of the Sites, including collecting User information for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sites is prohibited. Commercial advertisements, affiliate links, spam, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.
You acknowledge that the time that you spend on or using the Sites is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Sites, Products, Services and Materials (as this term is defined below).
8. The Materials We Own
The Sites are owned and operated by Animation Mentor. The information and materials provided on or through the Sites and the Products and Services, including without limitation, any data, text, information, pictures, photographs, audio and video material or stills from audiovisual material, graphics, Side Code, upgrades for use on the Sites, rigs, characters, and other content, features and services (collectively, the “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. “Site Code” means any and all underlying elements of the Sites, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Sites.
THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. ANIMATION MENTOR MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU.
9. Limited License and Right to Use the Materials
We reserve the right, at our discretion, to modify, suspend, or discontinue the Sites, the Materials, or any part thereof with or without notice. You agree that Animation Mentor will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, your access to the Site, or the Materials.
10. Intellectual Property
Not only do we carefully guard our materials, we also protect the human elements and thinking that bring these materials to life. You acknowledge that the Materials, Services and Sites are protected by and embody copyrights, moral rights, trademarks, patents, trade secrets and other proprietary rights (“Intellectual Property”) owned by Animation Mentor, and its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Sites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Animation Mentor, its affiliates or third-party licensors.
The trademarks, trade names, trade dress, logos, and service marks displayed on the Sites or any Third Party Platform, including the ANIMATION MENTOR.COM and ANIMATION MENTOR marks, logos and trade dress are the registered and unregistered trademarks of Animation Mentor, Animation Mentor’s licensors and vendors and other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property.
We again ask that you follow playground rules and respect our work. The Intellectually Property may not be used by you for any purpose without Animation Mentor’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Animation Mentor’s, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Animation Mentor. Nothing contained on the Sites or available on any Third-Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Animation Mentor and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
11. Forums & Submissions
Our Services may include features such as ratings, message boards, blogs or other forums or areas where you and others can post or transmit information onto or through the Sites or Third-Party Platforms (collectively, the “Forums”) and may redistribute content you send/upload/post to the Sites.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Sites, Services, Third-Party Platforms or to Animation Mentor that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You acknowledge and agree that Animation Mentor has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Sites or any Services available thereon to (a) protect Animation Mentor and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Animation Mentor’s users and visitors; (b) comply with legal obligations or governmental requests; and (c) enforce these Terms; or for any other reason or purpose.
Notwithstanding anything stated herein, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify Animation Mentor or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to Animation Mentor or the Sites. Animation Mentor has the right, but not the obligation, to monitor and edit or remove any activity or content. Animation Mentor takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. ANIMATION MENTOR RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING OR APPEARING ON THE SITES OR IN CONJUNCTION WITH THE SERVICES.
Animation Mentor may store Submissions indefinitely. However, Animation Mentor has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to Animation Mentor for doing so.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and ANIMATION MENTOR will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) ANIMATION MENTOR’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of ANIMATION MENTOR’s intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
12. Communications with Others Users; Information Available In Our Forums
Remember that the Internet is a very public forum. You acknowledge and agree that your communications with other Users through Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal information that you communicate through Forums may be seen and used by others and may result in unsolicited communications. Animation Mentor strongly encourages you not to disclose any personal information about yourself in your communications through Forums. Animation Mentor is not responsible for information that you choose to communicate through Forums or Submission.
It’s our playground, but we don’t always know what’s going on. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Services, or in any Forums by third persons or parties.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of Animation Mentor. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will Animation Mentor or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Sites, Services or Third-Party Platforms. We have no obligation to monitor the Sites, Services, Third-Party Platforms, Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Sites, in the Services, or in the Forums.
13. Right to Terminate Accounts and Access
Because this is our playground, we are somewhat protective. Animation Mentor and its affiliates reserve the right to refuse service, terminate accounts, remove or edit the Sites, Services or Materials in their sole discretion. In the event your account is terminated or cancelled by you or by Animation Mentor, no refund will be granted and you will no longer have access to Materials. No Materials, Submissions or time spent on the Sites will be converted to cash or any other form of compensation.
14. Your Responsibilities; Code of Conduct
You must provide and are responsible for all equipment necessary to access the Sites. You agree to update information provided in connection with your Membership or your Application to maintain its truth, accuracy, and completeness. You are also responsible for all activities that occur with your User Name, if any. Animation Mentor shall not be liable for any damages arising out of your noncompliance of this provision. You agree to immediately notify Animation Mentor of any unauthorized use of your account or any other breach of security.
In cases where we allow community forums and social networks, we ask that you use your company manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any images or videos you might upload to our Sites, where we allow them: please make certain those materials are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review content that our Users share with each other, we may remove community discussions or other content if we have been alerted that content is offensive or under our standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these Terms.
You agree not to:
- “Stalk”, harass, threaten, or defraud other Users or any founders, staff, instructors, students or alumni of Animation Mentor;
- Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive content to other Users;
- Make unsolicited or inappropriate offers, advertisements or proposals for goods, services, or other commercial activities outside of Animation Mentor, or send junk mail or chain letters to other Animation Mentor users;
- Impersonate another person or entity or access another User without permission, or impersonate Animation Mentor staff;
- Share Animation Mentor-issued passwords or Applicant/student identification numbers with a third party or encourage another User to do so;
- Misrepresent the source, identity, or content of information transmitted through the Sites (such as claiming a created work as your own that is not actually yours) or otherwise misappropriate any proprietary information, trademark, copyright, right of publicity or other right of any person or entity;
- Use or encourage others to use the Site for any illegal or inappropriate purpose;
- Use Site features for anything other than their intended purpose, including exploiting Site glitches for personal gain;
- Interfere with any security-related features of the Sites;
- Damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites;
- Intentionally interfere with the operation or fair play of the Sites or any other user’s enjoyment of it, including intentionally posting inflammatory statements to get a reaction;
- Post, request, or link to sexually explicit material or conduct;
- Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- Post or distribute any content that contains software viruses or other code intended to damage or interfere with the Sites or any software, hardware, equipment, system, data, or other information of Animation Mentor or any third party;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent of applicable laws specifically prohibiting such restriction;
- Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, nor any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with the Sites;
- Make improper use of Animation Mentor’s support services, including by submitting false abuse reports;
- Imply or state that any statements you make are endorsed by Animation Mentor without Animation Mentor’s prior written consent;
- Use the Site to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people;
- Modify the Site for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Sites;
- Attempt to gain unauthorized access to the Sites, other user accounts, computer systems, or networks connected to the Site, through hacking, password mining, circumventing or modifying any security technology, device, or software employed by Animation Mentor, or any other means (automated or otherwise);
- Use the Sites in any way to spam or otherwise harass users.
15. Sweepstakes, Contests, Promotions
We may make various offers, including discounts and promotions, from time to time on our Sites. We ask that you review the guidelines associated with each special offer, as they will differ. In the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. Please be advised that unless otherwise noted in the offer, all offers are for adults who are the age of majority in their state. We may also offer our Users the opportunity to participate in contests and sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
18. Trademarks and Copyrights
ANIMATIONMENTOR.COM, ANIMATION MENTOR, the Animation Mentor logo and trade dress, and all other related trade names, graphics, logos, trademarks, and service marks used on the Sites are owned, controlled Animation Mentor or licensed to Animation Mentor and may not be used by you for any purpose without Animation Mentor’s prior express written permission. Copyright © 2011. All rights reserved.
19. Copyright Infringement, Digital Millennium Copyright Act (DMCA)
We understand the value of protecting what is truly ours. We encourage you to do the same. If you believe in good faith that a User has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure. If you are unsure of whether certain material infringes your copyright, contact an attorney.
i. Filing a DMCA Notice
If you believe that your copyright-protected work has been copied and posted on the Sites in a way that constitutes copyright infringement, then please send us a written letter by fax, regular mail or email.
Your Notice must:
- Provide reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Provide reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
- Provide, if possible, information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- Include your signature;
- Be sent to our DMCA designated agent at the following address:
Animation Mentor, Inc.
1400 65th Street #250
Emeryville, CA 94608
Fax: 510-450-7272 (on the cover sheet, please write: Attention: DMCA NOTICE).
ii. Filing a Counter-Notice
If material that you have posted to an Animation Mentor Site has been taken down, you may file a counter-notification (“Counter-Notice”):
Your Counter-Notice must:
- Describe and list all material(s) that were removed by Animation Mentor and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S., for any judicial district in which Animation Mentor may be found, and that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us;
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Include your signature;
- Be sent to our designated DMCA designated agent at the following address:
Animation Mentor, Inc.
1400 65th Street #250
Emeryville, CA 94608
Fax: 510-450-7272(on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).
20. Third-Party Offerings; Payments
The Sites may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). Animation Mentor does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, Animation Mentor makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge that Animation Mentor shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any Linked Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that Animation Mentor will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
A possibility exists that the Sites, Materials, Services provided on any Third-Party Platform, or Submissions could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Sites or Materials, including any Services available on any Third-Party Platform. Although Animation Mentor attempts to ensure the integrity of the Sites and Materials, including the Services on Third-Party Platforms, we make no guarantees as to the Sites’ or Materials’ completeness or correctness. In the event that a situation arises in which the Sites’ or Materials’ completeness or correctness is in question, please contact us at firstname.lastname@example.org (with the subject line “Inaccuracies in Sites or on Third-Party Platform Name”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Sites or Third-Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
22. System Outages
Animation Mentor periodically schedules system downtime for the Sites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Animation Mentor has no responsibility and is not liable for: (a) the unavailability of the Sites or Services including those available on Third-Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Sites or Services, any Internet service providers, any Third-Party Platforms, or any Internet facilities and networks.
23. Disclaimer of Warranties
The Sites and Services (including the Materials) are provided on an “as is” and “as available” basis. Animation Mentor expressly disclaims all conditions and warranties of any kind, whether express or implied, including, but not limited to the conditions or warranties of merchantability, fitness for a particular use or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with respect to the Site or the site content. Animation Mentor does not warrant that the site, the site content or the materials will be uninterrupted, timely, secure, or error free.
You specifically agree that Animation Mentor shall not be responsible for the unauthorized access to or alteration of your transmission(s) or data, any material or data sent or received or not sent or received, any expense, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or use of record, the accuracy or reliability of any opinion, advice or statement contained on or made through or in connection with the downloaded content. You also agree that Animation Mentor is not responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any third party or any infringement of another’s rights, including, without limit, proprietary rights.
24. Additional Limitations of Liability
i. When using the Sites, you may accumulate Content that resides as data on our servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON ANIMATION MENTOR’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ANIMATION MENTOR’S SOLE DISCRETION.
iii. If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue use of the Site.
iv. Animation Mentor’s aggregate maximum potential liability to you for all claims arising from or related to the site (including products and services sold therein) shall be the greater of (i) the total amount paid by you to Animation Mentor in the twelve (12) months prior to the claim less the pro-rata value of any service you received during that period; or (ii) one U.S. dollar ($1). Multiple claims will not increase this limit.
25. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Except as explicitly stated otherwise, legal notices will be served on Animation Mentor’s national registered agent or to the email address you provide to Animation Mentor during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.
28. Notice for California Users
Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210.
29. Statute of Limitations
Any claim or cause of action arising out of or related to use of the Sites, the Materials, including any Services or information available through Third-Party Platforms, or the Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one-year period, such claim or cause of action are forever barred.
31. Governing Law/Jurisdiction
The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California. Any disputes between you and Animation Mentor relating to the Sites or the Products or Services that involve a claim of less than US$5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Animation Mentor agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Animation Mentor relating to the Sites or the Products or Services that involve a claim of more than US$5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in Alameda County, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
34. Entire Agreement
This is the entire agreement between you and Animation Mentor.