Terms of Service
The following are the terms and conditions of a legal agreement between you and SuperAnimo Inc.("SuperAnimo"). By accessing, browsing and/or using this website, you acknowledge that you have read, understand and agree to be bound by these terms of service and comply with all applicable laws and regulations. If you do not agree with these terms of service, you must not use the website. The material provided on this Website is protected by law, including but not limited to the United States Copyright Law and international treaties. This Website is controlled and operated by SuperAnimo Inc. which is a futureDeleware Corporation, residing in the United States of America. SuperAnimo makes no representation that materials in this Website are appropriate or available for use outside of the United States of America, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
1. Adhering to the Privacy Policy. Certain features available at or through this Website may invite you to provide certain information to SuperAnimo. For example, you may elect to provide us with certain identifying information about you, including but not limited to your name, e-mail address, age, street address, telephone number, company name, title, and other personally identifiable information. In addition, SuperAnimo may collect certain non-personally identifiable information about you and about the equipment and communications method that you use to access the Internet and this Website. All of this information is subject to SuperAnimo's Privacy Policy, which can be accessed from the Website. The Privacy Policy is hereby incorporated into these Terms of Service as if fully set forth herein.
2. Restrictions on Use of the Website. The copyright in all material provided on this Website is held by SuperAnimo or by the original creator of such material. Except as otherwise expressly stated herein, none of the material provided on this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of SuperAnimo or the copyright owner. You agree not to "frame" the content of the Website at any other website for any purpose or in any manner unless specifically authorized in writing to do so by SuperAnimo. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. Website Security. You acknowledge and agree that you will not violate, or attempt to violate, the security of the Website. Accordingly, you agree that you will not (i) access any data or materials located on the Website which, by their nature, are not reasonably intended for your use or access, (ii) log into any server or user account associated with the Website which you are not authorized to access, (iii) transmit or relay through the Website or any associated server any spam or other broadly disseminated unsolicited e-mail, or use the Website or any associated server to "spoof" or otherwise disguise or conceal the identity of the party originating any e-mail, (iv) use the Website for any fraudulent or illegal purpose, (v) use the Website or any associated server to e-mail, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortuous, libelous, harrassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, (vi) probe, scan or test the Website or any associated server, or attempt to probe, scan or test the Website or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or (vii) interfere with, or attempt to interfere with, any third party's use of the Website or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Website or any associated server or network, and any effort to crash or disrupt the Website or any associated server or network by means of a volume of service requests in excess of the capacity of the Website or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. SuperAnimo reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.
4. Restriction on Spidering. SuperAnimo strictly prohibits the use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Website or any of the pages of the Website. Any such use constitutes an infringement upon the intellectual property rights of SuperAnimo and its users. Accordingly, you acknowledge and agree that you shall not engage in any such conduct.
5. Submissions. Any messages, notes, suggestions,images, audio clips, video clips or other material which you may submit to SuperAnimo through or in connection with the Website ("Submissions"), including through your use of any online animation editor or messaging system available on the Website, will become the exclusive property of SuperAnimo. Accordingly, you acknowledge and agree that SuperAnimo shall have the right to edit and/or publish any Submissions for any purpose, including without limitation promotional and advertising purposes, in accordance with the terms of the Privacy Policy, without compensation to you of any kind. You expressly release SuperAnimo and its successors and assigns, and their respective shareholders, directors, officers, members, managers, partners, employees, licensees, agents and representatives, from all claims which you have or may hereafter acquire in connection with the Submissions, including without limitation any such claims for copyright infringement, invasion of privacy or rights of publicity, defamation or any other cause of action arising out of the production, editing, promotion, distribution, broadcast or exhibition of the Submissions. In addition, you agree that (i) you will not transmit any Submission to SuperAnimo which infringes upon the rights of any third party, (ii) any Submission that you transmit to SuperAnimo shall be not in violation of any third party's rights, offered in good faith, and not confidential, and (iii) to the extent that any Submission which you transmit to SuperAnimo shall include any copyrightable material, you represent and warrant that you are the owner of such copyrightable material or have the right to grant SuperAnimo a license to use such copyrightable material, and you hereby grant to SuperAnimo a perpetual, irrevocable, royalty-free and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and create derivative works of such Submission in any media or medium, and in any form, format or forum now known or hereafter developed. SuperAnimo shall have the right to sublicense such rights through multiplie tiers of sublicenses.
6. Disclaimer of Submission Content. You agree and understand that by using the Website, you will be exposed to Submissions from a variety of sources, and that SuperAnimo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to 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 SuperAnimo with respect thereto, and agree to indemnify and hold SuperAnimo harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. Copyrights and Trademarks. All content, materials, images and other copyrightable material on the Website, including without limitation text, graphics, button icons, audioclips and software, are the property of SuperAnimo , its sponsors or business affiliates, and their respective licensors, and are subject to U.S. and international copyright laws. Except to the extent expressly permitted under applicable copyright law, no copying or exploitation of the material from the Website is permitted without the express written permission of SuperAnimo . You acknowledge that you do not acquire any ownership rights in any of such copyrightable material by virtue of having downloaded such material from the Website. All copyrights not expressly granted hereunder are expressly reserved to SuperAnimo . All trademarks, service marks, logos and trade names used on this Website are proprietary to SuperAnimo or other respective owners that have granted SuperAnimo a right and license for such use, and are protected by U.S. and international trademark laws. In countries where any of the trademarks, service marks, logos and trade names used on this Website are not registered, SuperAnimo claims other rights associated with unregistered trademarks, service marks, logos and trade names. No user of this Website is granted any rights to such trademarks, service marks, logos or trade names.
8. CERTAIN DISCLAIMERS. ACCESS TO THE WEBSITE, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. ACCORDINGLY, SUPERANIMO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE MATERIALS, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. SUPERANIMO DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED AT THE WEBSITE WILL BE ENTIRELY ACCURATE OR RELIABLE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPERANIMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE WEBSITE BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN ADDTION, WHILE SUPERANIMO ENDEAVORS TO PROTECT THIS WEBSITE FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, SUPERANIMO CAN NOT PROVIDE ANY ASSURANCE THAT THE WEBSITE WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS WEBSITE ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THIS WEBSITE EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD SUPERANIMO HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE AT THIS WEBSITE.
9. ENDORSEMENT DISCLAIMER. THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY SUPERANIMO. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THIS WEBSITE, AND SHOULD NOT BE CONSTRUED AS SUPERANIMO'S SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED WEBSITE. SUPERANIMO DOES NOT MONITOR THE CONTENT OF ANY SUCH WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES. ACCORDINGLY, USERS OF THIS WEBSITE USE SUCH LINKS AT THEIR OWN RISK.
10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL SUPERANIMO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR RESULTING FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OPINIONS PROVIDED ON THIS WEBSITE, OR THE USE, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF SUPERANIMO OR AN AUTHORIZED REPRESENTATIVE OF SUPERANIMO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SUPERANIMO IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, IN NO EVENT SHALL SUPERANIMO'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Indemnification and Release. You hereby agree to indemnify us and hold us harmless from any and all third-party claims and expenses, including attorney’s fees, arising from your use of the Service or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
12. Copyright Claims. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.
REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE SERVICE TERMINATED.
Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Service, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to admin@superanimo.com (with the subject line “Copyright Infringement”) or sent to:
Copyright Agent
4925 W 109th St. Suite 203
Oak Lawn, IL 60453
United States
Email: admin@superanimo.com
All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
- Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
- Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Service;
- Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;
- A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
- A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
- A physical or electronic signature from the copyright holder or an authorized representative.
13. Modification of These Terms. We reserve the right to amend these Terms at any time by posting such amended Terms to the Service. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM
14. Miscellaneous Provisions. SuperAnimo reserves the right to change these Terms of Service at any time without notice. These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use this Website granted to you hereunder are personal to you and are not subject to transfer or assignment. Any claim relating to this Website or its use shall be subject to the exclusive jurisdiction of the federal and state courts located in Illinois, and by your use of this Website you submit yourself to the personal jurisdiction of such courts.