The following Terms of Use outline your obligations when using the AnimationCircle
website. You can also review our Privacy Policy, which outlines our obligations
and practices towards handling any personal information that you may provide to
us.
ACCEPTANCE OF TERMS
The web pages available at AnimationCircle.com, and all linked pages ("Site"), are
owned and operated by Prakash dalai and Sudhansu deo, as a patnership, and is accessed
by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING
THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED
BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE
OR USE THE CONTENT OR ANY SERVICES IN THE SITE. ANIMATIONCIRCLE’S ACCEPTANCE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO
THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN
OFFER BY ANIMATIONCIRCLE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE
AnimationCircle reserves the right, at its sole discretion, to modify or replace
the Terms of Use at any time. If the alterations constitute a material change to
the Terms of Use, AnimationCircle will notify you by posting an announcement on
the Site. What constitutes a "material change" will be determined at AnimationCircle's
sole discretion, in good faith and using common sense and reasonable judgment. You
shall be responsible for reviewing and becoming familiar with any such modifications.
Use of the Services by you following such notification constitutes your acceptance
of the terms and conditions of the Terms of Use as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, AnimationCircle may offer to provide
certain services and content, as described more fully on the Site, ("Services").
Services shall include, but not be limited to, any service and content AnimationCircle
performs for you, as well as the offering of any materials displayed, transmitted
or performed on the Site or through the Services (including, but not limited to
text, user comments, messages, information, data, graphics, news articles, photographs,
images, illustrations, software, audio clips and video clips, also known as the
"Content"). AnimationCircle may change, suspend or discontinue the Services including
any Content for any reason, at any time, including the availability of any feature
or content. AnimationCircle may also impose limits on certain features and services
or restrict your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with AnimationCircle
and select a password and email ID ("AnimationCircle User ID"). You shall provide
AnimationCircle with accurate, complete, and updated registration information. Failure
to do so shall constitute a breach of the Terms of Use, which may result in immediate
termination of your AnimationCircle account. You may not (i) select or use as a
AnimationCircle User ID a name of another person with the intent to impersonate
that person; (ii) use as a AnimationCircle User ID a name subject to any rights
of a person other than you without appropriate authorization; or (iii) use as a
AnimationCircle User ID a name that is otherwise offensive, vulgar or obscene. AnimationCircle
reserves the right to refuse registration of, or cancel a AnimationCircle User ID
in its discretion. You shall be responsible for maintaining the confidentiality
of your AnimationCircle password. Services are available only to individuals who
are at least 13 years old, whether acting on their own behalf or as an authorized
employee or representative of a corporation or other business entity. If you do
not so qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that
is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably
intended by AnimationCircle.
By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate other AnimationCircle users.
- To post or transmit, or cause to be posted or transmitted, any Content that is infringing,
libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise
violates any law or right of any third party.
- For any illegal or unauthorized purpose. If you are an international user, you agree
to comply with all local laws regarding online conduct and acceptable content.
- To post or transmit, or cause to be posted or transmitted, any communication or
solicitation designed or intended to obtain password, account, or private information
from any AnimationCircle user.
- To create or submit unwanted email ("Spam") to any other AnimationCircle users or
any URL.
- To violate any laws in your jurisdiction (including but not limited to copyright
laws).
- To submit stories or comments linking to affiliate programs, multi-level marketing
schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper
or other automated means to access the Site for any purpose without our express
written permission. Additionally, you agree that you will not: (i) take any action
that imposes, or may impose in our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site; or (iii) bypass
any measures we may use to prevent or restrict access to the Site.
- With the intention of artificially inflating or altering the popularity, blog count,
comments, or any other AnimationCircle service, including by way of creating separate
user accounts for the purpose of artificially altering AnimationCircle's services;
giving or receiving money or other remuneration in exchange for votes; or participating
in any other organized effort that in any way artificially alters the results of
AnimationCircle's services.
- To advertise to, or solicit, any user to buy or sell any products or services. It
is also a violation of these rules to use any information obtained from the Services
in order to contact, advertise to, solicit, or sell to any user without their prior
explicit consent.
- Attempt to impersonate another user or person.
- Sell or otherwise transfer your profile.
AnimationCircle may remove any Content and AnimationCircle accounts at any time
for any reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such Content), or for no reason at
all. To report Terms of Use abuse, please email: info@AnimationCircle.com
You are solely responsible for your interactions with other users of the Site. AnimationCircle
reserves the right, but has no obligation, to monitor disputes between you and other
users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display
or inclusion on the Site, you represent and warrant that you own all rights in the
Content.
COPYRIGHT COMPLAINTS
AnimationCircle respects the intellectual property of others. It is AnimationCircle's
policy to respond expeditiously to claims of copyright and other intellectual property
infringement. AnimationCircle will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright
Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices
complying or substantially complying with the DMCA, AnimationCircle may act expeditiously
to remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. AnimationCircle will terminate access for subscribers and account
holders who are repeat infringers.
Notifying AnimationCircle of Copyright Infringement: To provide AnimationCircle
notice of an infringement, you must provide a written communication to the attention
of "DMCA Infringement Notification Dept." care of info@AnimationCircle.com that
sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that we may post your notification, with personally identifiable information
redacted, to a clearinghouse such as chillingeffects.org. Please also note that
you may be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is infringing your copyright. Providing AnimationCircle
with Counter-Notification: If we remove or disable access to content in response
to an infringement notice, we will make reasonable attempts to contact the owner
or administrator of the affected site or content. If you feel that your material
does not constitute infringement, you may provide AnimationCircle with a counter
notification by written communication to the attention of "DMCA Counter Notification
Dept." at info@AnimationCircle.com that sets forth all of the necessary information
required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please
note that you may be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that an activity is not infringing the copyrights of
others. If you are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney.
AnimationCircle PRIVACY POLICY
AnimationCircle's current privacy policy is available at our Privacy Policy page
(the "Privacy Policy"), which is incorporated by this reference.
INDEMNITY
You will indemnify and hold harmless AnimationCircle, its parents, subsidiaries,
affiliates, customers, vendors, officers and employees from any liability, damage
or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand
made by any third party due to or arising out of your access to the Site, use of
the Services, violation of the Terms of Use by you, or the infringement by you,
or any third party using your account or AnimationCircle User ID, of any intellectual
property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that AnimationCircle has no control over, and no duty to take any
action regarding: which users gain access to the Site or use the Services; what
effects the Content may have on you; how you may interpret or use the Content; or
what actions you may take as a result of having been exposed to the Content. You
release AnimationCircle from all liability for you having acquired or not acquired
Content through the Site or the Services. The Site or Services may contain, or direct
you to sites containing, information that some people may find offensive or inappropriate.
AnimationCircle makes no representations concerning any content contained in or
accessed through the Site or Services, and AnimationCircle will not be responsible
or liable for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site or the Services. THE SERVICE, CONTENT,
AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
LINKS
The Services may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because AnimationCircle has no control over such sites and
resources, you acknowledge and agree that AnimationCircle 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 further acknowledge and agree
that AnimationCircle 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 or through any
such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANIMATIONCIRCLE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE,
THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES
(HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE)
$100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION
AnimationCircle may terminate or suspend any and all Services and your AnimationCircle
account immediately, without prior notice or liability, if you breach any of the
terms or conditions of the Terms of Use. Upon termination of your account, your
right to use the Services will immediately cease. If you wish to terminate your
AnimationCircle account, you may simply discontinue using the Services. All provisions
of the Terms of Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the
Terms of Use and you do not have any authority of any kind to bind AnimationCircle
in any respect whatsoever. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further rights
hereunder. AnimationCircle shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond AnimationCircle's reasonable
control, including, without limitation, mechanical, electronic or communications
failure or degradation (including "line-noise" interference). If any provision of
the Terms of Use is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that the Terms of Use shall
otherwise remain in full force and effect and enforceable. The Terms of Use is not
assignable, transferable or sublicensable by you except with AnimationCircle's prior
written consent. AnimationCircle may transfer, assign or delegate the Terms of Use
and its rights and obligations without consent.
TRADEMARKS
AnimationCircle, and other AnimationCircle graphics, logos, designs, page headers,
button icons, scripts, and service names are registered trademarks, trademarks or
trade dress of AnimationCircle in the U.S. and/or other countries. AnimationCircle's
trademarks and trade dress may not be used, including as part of trademarks and/or
as part of domain names, in connection with any product or service in any manner
that is likely to cause confusion.
Copyright in Your Content
AnimationCircle does not claim ownership rights in Your Content. For the sole purpose
of enabling us to make your Content available through the Service, you grant to
AnimationCircle a non-exclusive, royalty-free license to reproduce, distribute,
re-format, store, prepare derivative works based on, and publicly display and perform
Your Content. You also grant AnimationCircle rights to use your work in advertisements
and promotions for AnimationCircle.