This Registered User Agreement (the "Agreement") explains the terms and conditions governing your use of Animation.com Services, Technology, and any other content available on the Animation.com website. Please read the whole document carefully. By checking the box and clicking the "I have read and agree to the Registered User Agreement" button on the registration page, you accept these terms and conditions and acknowledge that the Animation.com Services is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. If you are already a Registered User and do not agree any longer with the terms of this agreement, please contact us immediately to cancel your registration. By registering as a Registered User of Animation.com, you agree to use the Animation.com Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
1. Services
(a) General. Registration to the Animation.com Services provides Registered Users (each a "Registered User") with the package of content, tools, and services described below ("Animation.com Services"). Among other things, Registered Users may use the technology available throughout the Animation.com Services ("Technology") to promote their business presence by creating banners and placing banner ads on various websites and/or advertising networks (each a "Registered User Banner"). You understand and agree that Animation.com may, at its discretion, add or delete any features included as a part of Animation.com Services or Technology at any time.
(b) Animation.com Services and Technology: You will be able to use the Technology incorporated in the Animation.com Services to create and manage your online advertising ad campaigns, or otherwise promote your business. Animation.com provides the following Standard Service and reserves the right to alter such Standard Service, at its sole discretion. Specifically, Animation.com Standard Service allows your use of certain functionalities: creating an animated and/or interactive banner via our browser-based application, utilizing certain marketing and promotion features, and gathering information regarding your ad campaigns using reporting tools. Animation.com may offer other tools and services which are not part of the Standard Services.
Sales of Advertising Packages are governed by the Advertising Terms And Conditions Agreement accessible by clicking here.
(c) Animation.com Network: Registered Users who also sign up as Affiliates may offer on their website a service similar to Animation.com Services under a separate BannerStar Affiliate Agreement (each a "BannerStar Affiliate"). The collection of BannerStar Affiliates, including the Animation.com website, constitute the Animation.com Network.
2. Restrictions and Description of Prohibited Acts
(a) You may not use the Animation.com Services, or the Technology to, including, but not limited to: (i) Display material containing pornographic material of any kind; (ii) Provide material that is grossly offensive to the Animation.com Network online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; (iii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) Introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (v) Display material that exploits, or otherwise exploit children under 18 years of age; (vi) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party; (vii) Promote, solicit or participate in pyramid schemes; (viii) Post any content that holds Animation.com up to public scorn or ridicule; (ix) Engage in any libelous, defamatory, scandalous, threatening, harassing activity; (x) Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents consent in case of a minor); and/or (xi) Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
(b) You agree that without the express consent of Animation.com (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or content (or services related to the same) on the websites you promote using Animation.com Technology: pharmaceutical or any other controlled substances, illegal drugs; illegal drug contraband; alcohol; fire arms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities which can lead to physical harm to any group or individual, or any activities which lead to cruelty to animals. You may not use the Animation.com Services, or Technology in any high risk activities where damage or injury to persons, property, environment or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless Animation.com offers a service to conduct any of the following, you agree that you will never promote the following types of activities using Animation.com Services or Technology: Gambling; Sweepstakes; Raffles; Lotteries; Contests, pyramid or Ponzi schemes; and/or unsolicited commercial e-mail (spam).
(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the Animation.com Services or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
(f) Registered Users shall be limited to 5 MB of storage space for files (including, but not limited to, text or graphics files) uploaded to the Animation.com Services.
(g) Registered Users shall be limited to a maximum of 10 free banners plus a credit of 10 free banners per paid transaction performed on the Animation.com site.
3. Payment Terms
(a) Some elements of The Animation.com Standard Service, as described in Section 1, are offered free of charge for so long as Animation.com deems appropriate. Animation.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4. Animation.com asks that you provide us with your credit card information for payment when you complete a purchase of a product or service offered by the Animation.com Services. The corresponding amounts will be charged to the credit card number you provide. If Animation.com does not receive payment from the card issuer, you agree to pay Animation.com all amounts due upon demand. Animation.com may take commercially reasonable actions to validate your credit card.
(b) You agree to notify Animation.com immediately if you suspect unauthorized use of the Animation.com Services, your credit card or your password. Under the fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
(c) You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Animation.com Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
4. Changes to the Terms and Conditions
Animation.com may at any time, with or without notice, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Animation.com will give reasonable notice before any modification of the then current Animation.com Services which could change the operation of your ad campaigns. Animation.com may, in its discretion, supplement such notice by sending you an e-mail or by putting a pop-up notice on your screen when you access the Animation.com Services, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this Agreement by following the steps described in Section 8. Your use of the Animation.com Services after the effective date of a change constitutes your continued acceptance of the terms of this Agreement, the Animation.com Services and its fee schedule.
5. Advertising
Animation.com relies on the ongoing support of its sponsors and advertisers to help fund the free services it offers its Registered Users. Accordingly, Animation.com reserves the right to serve ads as it deems appropriate on and along side the Animation.com Services.
6. Information About You and Your Business
(a) Animation.com is committed to protecting your privacy. Animation.com will never willfully sell for consideration personally identifiable information about you or your business to any third party other than as specified in section 6(c) without first receiving your permission and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy available at http://www.bannerstar.com/bt/help/privacypolicy.asp.
(b) IMPORTANT: Notwithstanding the foregoing, by clicking the "Yes, I have read and agree to the Registered User Agreement, and I want to register now" link below, you hereby expressly agree that Animation.com may distribute your product and service information and personally identifiable information publicly available on the banners created to various partners, and create a database of publicly available information about you or your business to our partners with the express purpose of driving internet user traffic to your web site, provided that such information is useful to your end users. Public information means information available to the public on the banners created using Animation.com Services, and may include the following: information about the products or services you promote through your banners, your business address, your URL, your business contact information, and other similar information. In no event, however, will Animation.com disclose certain information such as your credit card number or bank account number.
7. Animation.com rights
(a) Banner Content Changes. Animation.com reserves the right to make changes to the Banners created using Animation.com Services and stored in your Portfolio, upon written request to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Animation.com at its sole discretion, to rectify infringing provisions. If after such time has expired the Banner does not conform to Animation.com's satisfaction, Animation.com may make changes to the content of Banner to bring it to compliance with this Agreement. Registered User agrees not to hold Animation.com liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to the Banners in response to Registered User request to do so or in response to a Registered User that breaches this Agreement. Animation.com's decisions are final and binding. Notwithstanding the above, Animation.com also reserves the right to discontinue any or all aspects of the Animation.com Services for any breach of this Agreement.
8. Term/Termination
(a) Term. This agreement shall be effective upon when you choose the "Yes, I have read and agree to the Registered User Agreement, and I want to register now" link and shall continue unless and until terminated under this Section 8.
(b) Termination by Animation.com.
(i) Animation.com may at any time without notice to you discontinue any or all aspects of the Animation.com Services or restrict your use of the Animation.com Services in whole or in part for any breach of this Agreement by you; or if Animation.com determines in its sole and exclusive judgment that terminating your use of the Animation.com Services is necessary for security reasons or for proper continued operation of the Animation.com Services; or your use of Animation.com Services or Technology is not for legitimate business purposes, or your use of the Animation.com Services violates any laws or regulations; or if Animation.com receives information that the Animation.com Services or your use of the Animation.com Services (or any part thereof) may violate any third party right.
(ii) Animation.com may at any time with thirty (30) days notice to you, modify or discontinue any or all aspects of the Animation.com Services or restrict your use of the Animation.com Services in whole or in part for Animation.com's convenience.
(iii) Animation.com may at any time with ten (10) days notice to you, modify or discontinue any or all aspects of the Animation.com Services if the credit card number you provide Animation.com expires, or if Animation.com is unable to charge valid charges to that credit card number, or you otherwise fail to make payments due to Animation.com hereunder.
(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Animation.com terminates this Agreement or suspends your access to the Animation.com Services, you will remain liable for the full monthly charge (if any) for the month during which we terminate or suspend your Animation.com Services. Following such termination or suspension, you agree not to re-register for, or otherwise access, the Animation.com Services without Animation.com's prior written approval. Animation.com reserves the right to delete any data files associated with your use of the Animation.com Services upon termination of this Agreement.
9. Indemnification
You agree to indemnify Animation.com and hold Animation.com harmless against any and all liabilities, cost and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Animation.com Services in a way that is prohibited or restricted under this Agreement; (ii) infringement of any copyright, trademark, intellectual property or other right or patent by any material you include on your Registered User banners; (iii) any breach by you of this Agreement; and/or (iv) any indecent obscene, or libelous material mentioned on your Registered User banners.
10. Reporting Violations
Animation.com does not actively monitor the content of Registered User Banners, but will investigate complaints of a violation of a third party rights.
11. Proprietary Rights
As between the parties, Animation.com acknowledges that it claims no proprietary rights in Registered User's content or any intellectual property right contained therein. Your content can include but is not limited to text, software, music, sound, photographs, video and graphics supplied by you to Animation.com for use on your Registered User Banners.
As between the parties, you acknowledge and agree that Animation.com and its licensors own all right, title, and interest in: (a) the Animation.com Services; (b) the Technology available on the Animation.com Services; (c) and, except for content supplied by you for use on your Registered User Banners, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained or maintained on the Animation.com Services (collectively "Content"). In addition, you agree that the Content and Technology available on the Animation.com Services is protected by US and international copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content and Technology as expressly authorized by Animation.com or its Licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the Animation.com Services is the exclusive property of Animation.com and its licensors and protected by US and international copyright laws. You agree that, except as expressly authorized by Animation.com, all the Content and Technology available on the Animation.com Services may only be used by you for your internal business and data gathering purposes. You may make copies of selected portions of the Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Content, otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Content or Technology without expressly being authorized to do so by Animation.com.
12. Trademarks and Servicemarks
Animation.com pending and/or registered trademarks and servicemarks, and other graphics, logos and service names used by Animation.com on the Animation.com Services to identify the products or services of Animation.com (collectively the "Animation.com Trademarks") are the trademarks of Animation.com. You agree not to use the Animation.com Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits Animation.com. All other brands and names (including third party product names) used on the Animation.com Services are the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL ANIMATION.COM, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANIMATION.COM SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE ANIMATION.COM SERVICES ("ANIMATION.COM AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE ANIMATION.COM SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF ANIMATION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF ANIMATION.COM AND THE ANIMATION.COM AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO ANIMATION.COM DURING THE TERM OF THIS AGREEMENT FOR ANY ANIMATION.COM SERVICE OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS ANIMATION.COM OR ANY ANIMATION.COM AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND ANIMATION.COM'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE.
14. Warranties/Disclaimers
(a) Animation.com warrants that, if a Registered User is dissatisfied in any way with the Animation.com Services, Technology or Content provided on or through the Animation.com Services, upon notice from you we will terminate the Agreement, and upon your request, refund any unused portion of any fees you have paid for any current month or future services, when applicable, less any balances otherwise due to Animation.com. This is your sole and exclusive remedy for any breach of the above warranty.
(B) THE OPINIONS AND VIEWS EXPRESSED IN ANY REGISTERED USER BANNER DO NOT REFLECT THOSE OF ANIMATION.COM AND ANIMATION.COM DOES NOT REVIEW, VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY REGISTERED USER BANNER. ANIMATION.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY REGISTERED USER BANNER. REGISTERED USERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN REGISTERED USER BANNER. REGISTERED USERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR REGISTERED USER BANNERS AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR REGISTERED USER BANNERS INCLUDE, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(c) ANIMATION.COM IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE ANIMATION.COM NETWORK OR THROUGH ANY ANIMATION.COM AFFILIATES PROGRAM OR THROUGH THE REGISTERED USER BANNERS.
(d) EXCEPT FOR 14(a), ALL ANIMATION.COM SERVICES, CONTENT, TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE ANIMATION.COM SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER ANIMATION.COM NOR ANIMATION.COM'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE ANIMATION.COM SERVICES, CONTENT, TECHNOLOGY OR PRODUCTS THAT ANIMATION.COM OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND ANIMATION.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FORGOING, NO WARRANTY IS GIVEN THAT THE ANIMATION.COM SERVICES OR TECHNOLOGY IS ERROR-FREE. ANIMATION.COM AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(e) ANIMATION.COM DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. ANIMATION.COM AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE ANIMATION.COM SERVICES MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION, THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE ANIMATION.COM SERVICES.
(g) ANIMATION.COM MAY PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT ANIMATION.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT ANIMATION.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD PARTY SITES.
15. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with US federal and California laws, excluding its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and State courts of the state of California which are located in San Francisco, California. If local laws prohibit your participation in any part of the Animation.com Services, or use of them, then you are responsible for complying with such laws, and the terms of this Agreement.
(b) Any and all disputes between you and Animation.com will be settled by arbitration in San Jose, California in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the Animation.com Services. Animation.com may broadcast notices or messages through the Animation.com Services to inform you of changes to this Agreement, the Animation.com Services, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Animation.com from you must be made in writing via e-mail addressed to support@animation.com.
(e) Animation.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Animation.com in writing.
(f) This Agreement comprises the entire agreement between you and Animation.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(g) Your Registration with the Animation.com Services and any of your rights hereunder may not assigned or transferred to any third party. Animation.com reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.
