I. Acceptance of the Terms of Use
a. By accessing anim8stopmotion.com (the “Anim8 Stop Motion”), you are agreeing to be bound by these terms and conditions (the “Terms of Use”), Anim8 Stop Motion privacy policy (the “Privacy Policy) which is available on the Anim8 Stop Motion Website, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use the Anim8 Stop Motion Website.
b. may revise these Terms of Use at any time without notice. By using the Anim8 Stop Motion Website you are agreeing to be bound by the then current version of these Terms of Use. Although we may attempt to notify you when major changes are made, you should periodically review the most up-to-date version of the Terms of Use.
II. Application
a. These Terms of Use apply to all users of the Anim8 Stop Motion Website whether or not those users actually contribute video content, information, and other materials or services on the Anim8 Stop Motion Website. The Anim8 Stop Motion Website includes all aspects of Anim8 Stop Motion, including, but not limited to, Anim8 Stop Motion channels and the embedded player.
III. Third Party Websites
a. Links to third party websites are available on the Anim8 Stop Motion Website; however, Anim8 Stop Motion makes no representations or warranties about the security, reliability or suitability of those sites. The Anim8 Stop Motion team has not investigated the security or reliability of any third party websites or made any inquiries about the protection of any personal information provided once a user has clicked on any third party links. In addition, Anim8 Stop Motion will not and cannot censor or edit the content of any third party site.
b. Anim8 Stop Motion, , and any of its officers, employees, representatives or agents are not responsible in any way whatsoever for any loss, cost, expense, damage, suit or action of any kind arising from the user's access or use of third party websites. The user hereby waives any and all claims and actions against Anim8 Stop Motion, , and any of its officers, employees, representatives or agents, resulting from the access or use of any third party websites accessible through the Anim8 Stop Motion Website. By accepting these Terms of Use and accessing third party links, the user acknowledges that he or she has read this waiver and accepts the terms herein.
c. Neither Anim8 Stop Motion nor warrants, endorses, guarantees or assumes any responsibility whatsoever for any products or services that may be advertised on the Anim8 Stop Motion Website. and Anim8 Stop Motion will not be responsible in any way for monitoring or reviewing any transactions regarding such products or services. The user is solely responsible for any consequences arising therefrom.
d. Accordingly, we encourage you to be aware when you leave the Anim8 Stop Motion Website and to read the terms and conditions and privacy policy and practices of each other website that you visit.
IV. Ability to Accept Terms of Use
a. By accessing and using the Anim8 Stop Motion Website, you hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under the age of 19, you must have the consent of your parent or guardian to use the Anim8 Stop Motion Website.
b. If you are under 13 years of age, then please do not use the Anim8 Stop Motion Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
V. Anim8 Stop Motion Accounts
a. To access some features of the Anim8 Stop Motion Website you will have to create a Anim8 Stop Motion account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. This information is collected, used and disclosed in accordance with our Privacy Policy. You must maintain the security of your password as you are solely responsible for all activity that occurs on your account. You must notify Anim8 Stop Motion immediately at info@valleyfirst.com if you become aware of any breach of security or unauthorized use of your account.
b. Anim8 Stop Motion, , and its officers, employees, representatives and agents are not liable for your losses caused by any unauthorized use of your account. You, however, may be liable for the losses of Anim8 Stop Motion or or any third party as a result of the unauthorized use of your account.
VI. Termination of Anim8 Stop Motion Accounts
a. Anim8 Stop Motion has the right to terminate a user's account without notice if, under appropriate circumstances, the user is determined, in the Anim8 Stop Motion team's sole discretion, to be a repeat infringer of these Terms of Use.
b. Anim8 Stop Motion reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Anim8 Stop Motion may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice, and at its sole discretion.
VII. Use of the Anim8 Stop Motion Website
Anim8 Stop Motion and hereby grant you permission to access and use the Anim8 Stop Motion Website in accordance with these Terms of Use provided:
a. You agree not to distribute in any medium any part of the Anim8 Stop Motion Website including, but not limited to, User Submissions (defined below), without the prior written consent of .
b. You agree not to alter or modify any part of the Anim8 Stop Motion Website including, but not limited to, the Anim8 Stop Motion embedded player or any of its related technologies.
c. You agree not to access User Submissions (defined below) or Anim8 Stop Motion Content through any technology or means other than the video playback pages of the Anim8 Stop Motion Website itself, the Anim8 Stop Motion embedded player, or other explicitly authorized means as designated by Anim8 Stop Motion.
d. You agree not to use the Anim8 Stop Motion Website, or any Content or software available therein, for any commercial use without the prior written authorization of Anim8 Stop Motion. For clarity, prohibited commercial uses include, but are not limited to, the following when taken without Anim8 Stop Motion express approval:
e. For further clarity, the following are not prohibited commercial uses under these Terms of Use:
f. If you decide to use the Anim8 Stop Motion embedded player on another website, you agree to include a prominent link to the Anim8 Stop Motion Website on any pages containing the embedded player. You further agree not to modify, enhance, build upon, or block any portion of the embedded player in any way.
g. You agree not to use or launch any automated system including, without limitation, "robots," "spiders," or "offline readers," that accesses the Anim8 Stop Motion Website in a manner that sends more request messages to the Anim8 Stop Motion servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Anim8 Stop Motion grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Anim8 Stop Motion reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Anim8 Stop Motion Website, nor to use the communication systems provided by the Anim8 Stop Motion Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Anim8 Stop Motion Website with respect to their User Submissions.
h. You will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.
VIII. Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Anim8 Stop Motion Website.
a. The content on the Anim8 Stop Motion Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Anim8 Stop Motion, subject to copyright and other intellectual property rights under the law. You may display the Content and otherwise use the Anim8 Stop Motion Website solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any Content except as expressly permitted by the copyright laws, in this Agreement, or with the express consent of and/or the owner of the Content. Except for the rights expressly granted herein, Anim8 Stop Motion and reserve all rights to the Anim8 Stop Motion Website and the Content. Nothing in this Agreement shall be interpreted as granting any third party rights or benefits to any user of the Anim8 Stop Motion Website.
b. User Submissions may be accessed solely for the following purposes:
c. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Anim8 Stop Motion Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is".
d. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Anim8 Stop Motion Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Anim8 Stop Motion Service or otherwise as prohibited under this Agreement.
e. You may access Anim8 Stop Motion Content, User Submissions and other Content only as permitted under this Agreement. Anim8 Stop Motion reserves all rights not expressly granted in and to the Anim8 Stop Motion Content and the Anim8 Stop Motion Website.
f. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Anim8 Stop Motion Website for any commercial purposes.
g. You agree not to circumvent, disable or otherwise interfere with security-related features of the Anim8 Stop Motion Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Anim8 Stop Motion Website or the Content therein.
h. You understand that when using the Anim8 Stop Motion Website, you will be exposed to User Submissions from a variety of sources, and that Anim8 Stop Motion is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
i. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Anim8 Stop Motion with respect thereto, and agree to indemnify and hold Anim8 Stop Motion, , and its officers, employees, agents, representatives, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Anim8 Stop Motion Website.
IX. Your User Submissions and Conduct
a. As a Anim8 Stop Motion account holder you may submit video content ("Videos") and textual content ("Comments"). Videos and Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Anim8 Stop Motion does not guarantee any confidentiality with respect to any User Submissions. You may post material or upload videos or other content to the Anim8 Stop Motion Website. However, you may not post any material that:
b. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify , its officers and employees from and against all claims, liabilities, judgments, damages and costs (including lawyer's fees on a solicitor and own client basis) which arise out of materials you have posted on the Anim8 Stop Motion Website. If becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material. You grant to the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Anim8 Stop Motion Website by any means, without compensation to you.
c. You hereby affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use the User Submissions and authorize Anim8 Stop Motion to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Anim8 Stop Motion Website and these Terms of Use.
d. For clarity, you retain any ownership rights you have in your User Submissions. However, by providing User Submissions to Anim8 Stop Motion, you hereby grant Anim8 Stop Motion a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Anim8 Stop Motion Website and Anim8 Stop Motion (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Anim8 Stop Motion Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Anim8 Stop Motion Website a non-exclusive license to access your User Submissions through the Anim8 Stop Motion Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Anim8 Stop Motion Website and under these Terms of Use. The above licenses granted by you in Videos terminate within a commercially reasonable time after you remove or delete your Videos from the Anim8 Stop Motion Service. You understand and agree, however, that Anim8 Stop Motion may retain, but not display, distribute, or perform, server copies of the User Submissions that have been removed or deleted. The above licenses granted by you in Comments are perpetual and irrevocable.
e. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Anim8 Stop Motion all of the license rights granted herein.
f. You agree that your conduct on the site will comport with the Terms of Use which may be updated from time to time.
g. Anim8 Stop Motion does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Anim8 Stop Motion expressly disclaims any and all liability in connection with User Submissions. Anim8 Stop Motion does not permit copyright infringing activities and infringement of intellectual property rights on its Anim8 Stop Motion Website, and Anim8 Stop Motion will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Anim8 Stop Motion reserves the right to remove Content and User Submissions without prior notice.
X. Disclaimer and Limitation of Liability
a. The materials on the Anim8 Stop Motions Website are provided “as is”. makes no warranties, expressed or implied, and Anim8 Stop Motion, , Think. Marketing Inc., 3rd I Brownen IT, their officers, directors, employees and agents disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, does not warrant or make any representations concerning the accuracy, or reliability of the use of the materials on the Anim8 Stop Motion Website or otherwise relating to such materials or on any sites linked to this site. does not assume liability for any of the following:
XI. Limitation of Liability
a. In no event will , Anim8 Stop Motion, Think. Marketing Inc., 3rd Brownen IT, their officers, directors, employees or agents be liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, damages resulting from lost profits or revenues, loss of use of the Anim8 Stop Motion Website or of any executable programs, delays in operation or transmission, communications line failure, undelivered email messages, loss of use of data or equipment, or other similar damages) arising out of the use or inability to use the Content or the Anim8 Stop Motion Website, even if or Anim8 Stop Motion has been advised of the possibility of such damages.
b. Anim8 Stop Motion, , Think. Marketing Inc., 3rd I Brownen IT, their officers, directors, employees or agents shall not be liable for User Submissions or the defamatory, offensive or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with the users of the Anim8 Stop Motion Website.
c. The Anim8 Stop Motion Website is controlled and offered by from its facilities in Canada. Neither Anim8 Stop Motion nor make any representations that the Anim8 Stop Motion Website is appropriate or available for use in other locations. Those who access or use the Anim8 Stop Motion Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
XII. Indemnity
a. As a user of the Anim8 Stop Motion Website you agree to indemnify, defend and hold Anim8 Stop Motion and harmless from any liability, loss, claim and expense, including reasonable legal fees on a solicitor and own client basis, related to your access or use of the Anim8 Stop Motion Website and any violation of these Terms of Use.
b. This defense and indemnification obligation will survive these Terms of Use and your use of the Anim8 Stop Motion Website.
c. You specifically acknowledge that you will hold Anim8 Stop Motion, , their officers, directors, employees, representatives or agents, harmless from legal liability any claim of loss or damage whatsoever made by people represented in your video posting. Additionally, you specifically warrant that you have permission from all parties in the Anim8 Stop Motion Video submission for the use of their likeness, image and audio, and you have obtained their permission to post the Video to Anim8 Stop Motion.
XIII. Assignment
a. None of the rights or licences granted under these Terms of Use may be transferred or assigned by you. and Anim8 Stop Motion reserve the right to assign their rights hereunder without restriction.
XIV. General Provisions
a. You agree that the Anim8 Stop Motion Website shall be deemed solely based in British Columbia, Canada and the Anim8 Stop Motion Website shall in no way give rise to personal jurisdiction over Anim8 Stop Motion, either specific or general, in jurisdictions other than British Columbia, Canada. These Terms of Use shall be governed by the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles.
b. Any legal action concerning these Terms of Use or the Anim8 Stop Motion Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of British Columbia Canada and shall be decided exclusively by a court of competent jurisdiction in Penticton, British Columbia, Canada.
c. These Terms of Use, together with the Privacy Policy and any other legal notices published by Anim8 Stop Motion on the Anim8 Stop Motion Website, shall constitute the entire agreement between you and concerning the Anim8 Stop Motion Website. In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
d. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Anim8 Stop Motions failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.