“Class by Animaker” (“Class”, "Website", “Animaker Class”) is a software product owned and operated by Animaker Inc. (“Animaker”).
Animaker, Inc. is a Delaware corporation. It's a technology company organized under the laws of the United States of America (USA), having its principal place of business at 3260, Hillview Avenue, Palo Alto, CA 94304, United States of America.
Animaker empowers Users for visual content creation. Animaker Users work on a drag-and-drop interface, import images and audio files, access pre-built assets/templates, create visual content, collaborate with fellow Users, download, export, host, and playback visual content. Animaker’s Website is accessible through the URL: https://www.animaker.com
Animaker Class is a software application designed and developed exclusively for educational institutions by Animaker. Animaker Class Website is accessible through the URL: https://class.animaker.com
For Users located in USA and anywhere in the world, the Services at the Website is made available and provided by Animaker.
“Student-Users” are Users who are enrolled at an educational institution and using Animaker Class. Student-Users can also seek the help of a Super-User/Teacher to do so.
“Super-User” at Animaker Class: Animaker Class allows Super-Users to manage User access to Animaker Class. Super-User could be a Teacher or a School administrator with administrator privileges over his or her group of Users/Student Users.
"User Submission" refers to the various content the User posts, uploads, shares, stores, or otherwise provides through Animaker Class.
“Information” means identifiable information about a User collected online by Animaker Class.
“Active Data Collection” refers to data gathered directly by Animaker Class from Users.
“Passive Data Collection” refers to tracking of User activities by Animaker Class through an identifying code linked to the User. This could be a “cookie,” or other “identifiers” that can be used to identify, contact, or locate a User over time and across different Websites or online Services.
“Content” means the materials displayed or performed on Animaker Class, including, but not limited to, text, graphics, articles, photos, images, illustrations, videos, audio, music, sounds, graphics, special effects, logos, branding, information, data, flash animation, solid-state files and User Submissions.
“Assets” means the characters, actions, audio, music, voice, text, backgrounds, props, content, templates, materials and other elements that Animaker Class makes available within its App.
“Subscription Owner” means the School, district, entity or organization that agrees to these Terms.
“Subscription Plan” means the then-current Animaker Class subscription plan for its Users.
Parties to these Terms are the following:
Users are requested to read these Terms carefully before using the Website or the Services.
Using Animaker Class in any way implies that the User unconditionally and without any reservation agrees and accepts to abide by all the Terms listed in this legally binding agreement.
These Terms may be amended from time to time.
If and when these Terms are amended, Animaker Class will do its best to inform the User using either of the following ways:
If the User uses Animaker Class in any way after changes to these Terms takes effect, then User agrees to abide by all of the Terms, including the ones that have changed.
If User does not agree to abide by these Terms, Users have the right to reject them. In which case, User will not be able to use Animaker Class anymore.
If User is agreeing to abide by these Terms on behalf of a School or School District, User may do so if and only if User is authorized to so by the School or School District.
The Parties hereby agree to abide by these Terms as set forth herewith:
In order to use the Website, the User must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access.
User obtains and maintains all consents, licenses and necessary filings and settings for the Website and/or intellectual property rights related to any Services, to be available to them.
User shall guarantee that the Services will not be used in violation of any law, regulation or rights of third parties, including intellectual property rights, or to incite or facilitate such a violation.
Animaker Class is concerned about the safety and privacy of all of its Users particularly Children under the age of 13 years (“Children”)
A Student-User, especially Children, should be helped by their Parents, Guardians, or teachers, with the following:
A Student-User, especially Children, have to be supervised by their Parents, Guardians, or teachers, when they are accessing the Website and the Services.
Animaker Class agrees that Student-User’s personally identifiable information stays under the direct control of the School.
If the User is a Teacher, then the User should represent and warrant that the Student-User’s personally identifiable information stays under the direct control of the School.
Animaker Class assumes that the User, who is a Teacher has the express consent of the Children’s Parents or Guardian to use the Service.
If a Parent or Guardian becomes aware that his / her represented minor has registered with Animaker Class without their express authorization, he or she should contact Animaker Class at email@example.com. Animaker Class, on receipt of such information, will delete such accounts from its database within 5 working days.
Animaker Class warns persons holding parental authority, Guardians, or teachers on the diversity and the nature of the content available on the internet, which are likely to harm minors.
Parents, Guardians, and teachers are encouraged to monitor the Children when they connect Animaker Class
It is the obligation of Parents,Guardians and Teachers to do the following:
a. determine which of Animaker Class services should their Children be allowed to use.
b. monitor their Children’s use thereof as a result of these Services.
Registration is required for the use of certain features of the Website.
User represents and warrants that they (User) are of legal age (18 Years of age) to form a binding contract with Animaker Class.
If User is not of legal age (18 Years of age) to form a binding contract with Animaker Class, User represents and warrants, that they (Users) have received their (User’s) Parent or Guardian's verifiable consent to use Animaker Class.
If User is not of legal age (18 Years of age) to form a binding contract with Animaker Class, User represents and warrants, that they (Users) have received their (User’s) Parent or Guardian’s approval to agree to these Terms on their (User) behalf.
Users provide the following information during the account registration process: First Name, Last Name, Email address, Password, School Name, Unique School ID and School Type (Public, Private, International, Homeschooling, Other)
Users provide the following information during Billing information collection process: School Phone, School Address, City, State, Country and Zip Code.
Animaker Class reserves the right to reject any account registration request at its sole discretion.
After a User completes account registration and subsequent activation, he/she (User) will be able to start using the Services and various features of the Website.
Each Animaker Class User account is personal and non-transferable.
User is responsible for maintaining the security of their (User’s) password and account.
User must immediately notify Animaker Class at firstname.lastname@example.org regarding any unauthorized uses of their (User’s) account or any other similar breaches of security.
Animaker Class will not be liable for any acts or omissions by User, including any damages of any kind incurred because of such acts or omissions by the User.
Copyright/intellectual property laws of USA protect Services and Content available on Website.
The Services and Content available at any time on the Website remains the property of Animaker Class.
Any violation of the Website’s copyright or trademark, may invoke civil and criminal statutes.
Please review all notices on Website before making any copies of any Content or Services.
Some documents published on the Website may contain other restrictions that limit or prohibit User ability to make copies of that document.
Only a Teacher Users can register for an account on Animaker Class. Upon registration, a Teacher can add students into the plan.
Users sign up for an Animaker Class account on https://class.animaker.com
Users provide a password and Username ("Animaker Class User-ID").
User agrees to provide Animaker Class with accurate, complete and updated registration information about them/their School/their School District as the case maybe.
User cannot select for Animaker Class User-ID, a name that User do not have the rights to use.
User cannot select for Animaker Class User-ID, a name with the intent to impersonate another entity (person or an organization).
User cannot select an Animaker Class sub domain name that User does not have the right to use.
User may not transfer Animaker Class account to anyone else without Animaker Class prior written permission.
User may use Animaker Class solely for educational purposes.
Teachers should exclusively use Animaker Class in association with their classes that they teach.
Students should exclusively use Animaker Class in partnership with their classes that they are enrolled in.
Users are not permitted to distribute the content that they create on Animaker Class for revenue or on a revenue-generating basis, which includes, without limitation, a ban on displaying the content or by charging fees in connection with the distribution or viewing of the content or otherwise exploiting the content for fees, revenue or for any monetary consideration.
User agrees that some User Submissions maybe viewable by other Users.
For all User Submissions, User agrees to grant Animaker Class certain rights, to display these User Submissions on Animaker Class, and to allow other Users to view/use them (where applicable).
For all User Submissions, User agrees to grant Animaker Class the right to appropriately translate, modify (for instance, make User content viewable on handheld devices) distribute and reproduce such User Submissions.
For all User Submissions, including the ones that are stored in a User’s account, in a manner that is viewable only by User (a "Personal User Submission"), User grants Animaker Class the right to appropriately translate, modify (for instance, make User content viewable on handheld devices), distribute and reproduce such User Submissions.
For all User Submissions, User agrees to grant Animaker Class the right to appropriately make changes in order to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, Services, or media.
User agrees that these rights are royalty-free, irrevocable, and worldwide, for as long as the User Submissions are stored on Animaker Class.
When User deletes their account, Animaker Class will stop posting those User Submissions.
When User deletes their account, User understands and agrees that it may not be possible to completely remove the content associated with account, from Animaker Class records, and that their User Submissions may remain viewable elsewhere to the extent that they can be copied or stored by other Users.
User agrees that any information or content publicly posted or privately transmitted through Animaker Class, is the sole liability of the User from whom such content originated.
User agrees that they access all information and content on or through Animaker Class at their own risk.
User agrees that Animaker Class is not liable for any errors, omission, damages or loss in information or content or in its transmission.
User agrees that Animaker Class cannot control and have no duty or obligation to take any action regarding how Users may interpret and use the content or what actions Users may take because of having been exposed to any content on or through Animaker Class.
User releases Animaker Class from all liabilities arising out of the User’s usage of content found on or through Animaker Class.
Animaker Class may inadvertently contain or direct Users to Websites containing content or information, that the User may find offensive or inappropriate. User agrees that Animaker Class cannot be held liable for any such inadvertent occurrences. User further agrees to let Animaker Class know of such content. On receipt of such information, Animaker Class will try to remedy the situation.
Animaker Class cannot guarantee the identity of any Users with whom Users may interact while using Animaker Class.
User agrees that they are responsible for all content that they create, contribute, and distribute on or through Animaker Class.
User agrees that they represent and warrant that they have all the rights necessary to create, contribute, and distribute content on or through Animaker Class.
User will keep all User registration information accurate and current.
User agrees that they are responsible for all of their activities on Animaker Class.
Users have the right to terminate their Animaker Class account any time.
Animaker Class has the right to terminate (or suspend access to) a User’s use of Animaker Class or Animaker Class account, for any reason, including User’s breach of these Terms.
Animaker Class has the sole right to decide whether User is in violation of any of the restrictions outlined in these Terms.
Account termination may result in the destruction and/or loss of any content associated with Animaker Class account.
Animaker Class will try to provide notice to the User, prior to any termination of the User’s account on Animaker Class. This is to allow the User to retrieve their content stored in their Animaker Class account. User agrees that this would be facilitated by Animaker Class, only to the extent allowed by the law and these Terms.
User agrees that Animaker Class may not allow the User to retrieve any content, if Animaker Class determines that it would be impractical, illegal, or would not be in the interest of any other entity’s safety or security to do so.
If Users have deleted Animaker Class account in error, they would have to contact Animaker Class immediately at email@example.com. Animaker Class cannot guarantee recovery or restoration of any of the User’s content.
User agrees to use Animaker Class only for their personal, internal, non-commercial, educational use, and only in a manner that complies with all the Terms as listed here and all the relevant Government laws, rules and regulations that apply to User.
If applicable laws prohibit User’s use of Animaker Class, then Animaker Class will provide Users neither the legal right nor the authorization to use Animaker Class.
Animaker Class cannot and will not be responsible for any usage in a way that violates any laws, rules and regulations that the User may be subject to.
User agrees that Animaker Class has the right to terminate any User’s account and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions listed below.
When using Website, User agrees not to do the following:
When using Website, User agrees not to do the following activities:
Animaker Class charges Users a subscription fee, all applicable taxes and surcharges, hereinafter referred to as “fees” for the use of its application.
User agrees to pay all fees charged by Animaker Class and/or otherwise incurred by User.
All fees are payable in advance, non-refundable and, unless otherwise explicitly stated, in US Dollars.
All fees will be billed to User, User’s School District, School Address, or Organizational Address.
User may use either one of the following methods to pay the fees: Credit Card, Debit Card or any other payment method approved by Animaker Class.
If User is paying by Credit Card or Debit Card, User hereby authorizes Animaker Class to charge User’s Credit Card or Debit card or any other payment approved by Animaker/Class by Animaker.
Depending on the payment plan that User chooses, fees may be billed in advance on a periodic basis.
For any upgrade in plan level, User’s Credit Card or Debit Card will be charged appropriately.
For any upgrade in plan level, User will be billed at the new rate immediately upon making the change.
There will be no refunds or Credits for partial period of Service, upgrades, or any unused period.
User cannot downgrade from a plan level while the then-current term is in effect.
If User fails to timely pay the applicable fees, Animaker Class may suspend or terminate User’s access to Animaker Class with immediate effect.
In the event of any refusal of User’s Credit Card or Debit Card issuer to pay Animaker Class, for any reason, User agrees to promptly pay Animaker Class all due amounts.
User agrees to pay all costs of collection of due amounts to Animaker Class, including attorneys’ fees and costs, on all due amounts.
In the event User fails to pay any amount when due, Animaker Class has the right to and may suspend or terminate User access to Animaker Class.
Animaker Class subscription is good for the period for which the paid subscription is chose or until such other time as authorized by Animaker Class in writing.
Animaker Class subscription will renew automatically, unless User or Animaker Class terminates this Agreement pursuant to Section 8 of these terms or downgrade their subscription to a free account.
Users must cancel their subscription before it renews in order to avoid billing of subscription fees for the renewal term.
To downgrade their subscription to a free account, User can use change of plan in Account Settings page. The change will become effective at the end of their subscription period.
User must continue to pay all fees that come due during the remainder of their subscription.
User may cancel or end their Animaker Class subscription at any time.
If Animaker Class subscription terminates, User will not be able to use Animaker Class, except that User may be permitted to login and access the renewal tool if User is the Animaker Class Account Administrator/Admin/Superuser.
User is responsible for, and will indemnify and hold Animaker Class harmless from, payment of all taxes (other than taxes based on Animaker Class net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Animaker Class under these Terms or the delivery or license of Animaker Class or use of Animaker Class or provision of any related Services.
User will make all payments to Animaker Class free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Animaker Class will be the sole responsibility of the User.
User agrees to provide Animaker Class with official receipts issued by the appropriate taxing authority, or other such evidence as Animaker Class may reasonably request, to establish that such taxes have been paid.
Animaker Class may contain links or connections to third party Websites or Services that are not owned, operated, or controlled by Animaker Class.
When User accesses third party Websites or uses third party Services (including, without limitation, User’s use of any publisher software), the User accepts that there are risks in doing so, and that Animaker Class is not responsible for such risks and cannot be held liable.
Animaker Class has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party Websites or by any third party that User interacts with on and through Animaker Class.
Animaker Class will not and cannot monitor, verify, censor or edit the content of any third party Website or Service (including without limitation the publisher software).
By using Animaker Class, User releases and holds Animaker Class harmless from all liability arising from User’s use of any third party Website or Service.
User interactions with organizations and/or Users found on or through Animaker Class, including payment and delivery of goods or Services, and any other Terms, conditions, warranties, or representations associated with such dealings, are solely between User and such organizations and/or other Users.
User should make whatever investigation they feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation publishers).
User agrees that Animaker Class shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on Animaker Class Website, or between Animaker Class Users and any third party, User agrees that Animaker Class is under no obligation to become involved.
In the event that Users have a dispute with one or more other Users, User releases Animaker Class, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Animaker Class Services.
15 U.S.C. § 6501–6506, and the FTC’s COPPA Rule, 16 C.F.R. Part 312, regulates Children’s privacy online.
COPPA Law has led to some guidance on when Websites are “directed to minors”, as well as on the “actual knowledge” of a minor’s status is obtained, outside of collecting date-of-birth.
COPPA and the FTC’s rules apply only to minors under the age of 13 years.
Animaker Class does not knowingly collect personally identifiable information from Children under the age of 13 years.
If a Teacher, Parent or Guardian shares information with Animaker Class via email (firstname.lastname@example.org), that “Children” User under the age of 13, has provided Animaker Class with Personal Information, without verification of parental consent, Animaker Class will take steps to remove that information from Website servers. Animaker Class will respond to the email accordingly."
FERPA is a US Federal law that protects the privacy of personally identifiable information contained in a student’s educational record.
FERPA applies to all schools (K-12 and postsecondary institutions) that receive funds under various programs from the US Department of Education.
FERPA defines “educational records” as records containing information in any medium—paper, electronic, microfilm, etc., that directly relates to a student and are maintained by an educational institution or by a party acting for the educational institution.
Animaker Class does not collect any information, personal or otherwise from Student Users.
Animaker Class complies with all regulations provided by FERPA.
For more information on FERPA, please visit http://www.registrar.ua.edu/ferpa_fact_sheet.html.
CIPA was signed into US law on December 21, 2000.
Under CIPA, no School or library may receive discounts unless it certifies that it is enforcing a policy of Internet Safety that includes the use of filtering or blocking technology.
This Internet Safety Policy must protect against access, through computers with Internet access, to visual depictions that are obscene, child pornography, or (in the case of use by minors) harmful to minors.
The School or library must also certify that it is enforcing the operation of such filtering or block technology during any use of such computers by minors.
Animaker Class does not allow Children/Minors under the age of 13 to register for an account on Animaker Class.
Animaker Class complies with all regulations provided by CIPA.
Animaker Class will make all reasonable efforts to ensure that the Website and Services are available at all times. However, Animaker Class cannot guarantee that the Website or any individual function of Website will always be available and error free. The Website may be unavailable during periods when Animaker Class is implementing upgrades or carrying essential maintenance on the Website.
Animaker Class does not guarantee any results from using the Website. Website and Services are provided on an “as is” and “as available” basis. Use of Website is at User’s own risk. To the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No advice or information, whether oral or written, obtained by User from Animaker Class, provides for any warranty that is not expressly stated herein.
Animaker Class does not warrant that the content is accurate, true, reliable, correct or complete, and that it will meet User’s requirements, or that it will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected or that they are free of viruses or other harmful components.
Any content downloaded or otherwise obtained using the Website or Services is downloaded at User’s own risk.
User will be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from any download of any content from Animaker Class or User’s use of the Website or Services.
In no event shall Animaker Class, its officers, directors, employees, or agents, be liable to User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from User\'s use of the Website, (ii) any loss or damage due to unauthorized access to or use of Website servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from Website or interoperability problems, (iv) any loss or damage due to bugs, viruses, Trojan horses, or the like, which may be transmitted to or through Website by any third party, (v) any errors or omissions in any content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Website (viii) any loss or damage resulting from User\’s use, or inability to use, any portion of Website or for any loss or damage of any kind in User\’s data, (if) any loss of User revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Animaker Class is advised of the possibility of such damages.
User agrees to defend, indemnify and hold Animaker Class and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of User’s use of Website or Services, including but not limited to (i) the use of the Website or User’s placement or transmission of any message or information on this Website by User, (ii) User’s violation of any of the Terms (iii) User’s violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (if) User’s violation of any law, rule or regulation, (v) any claim for damages that arise as a result of User’s use of Website or (vi) any other party’s access and use of the Website with User’s unique username, password or other appropriate security code.
In the event that Users have a dispute with one or more other Users, User releases Animaker Class officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Terms does not transfer to User any Animaker Class or third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Animaker Class.
Class by Animaker Logo and Animaker Inc.’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Animaker Inc.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
User’s use of the Website grants User no right or license to reproduce or otherwise use any of Animaker Class or third party trademarks.
User expressly declares and undertakes not to register any domain name that includes the words “Animaker”, “Animaker Class”, or “Class by Animaker”.
User expressly declares and undertakes not to use the words Animaker” or “Animaker Class” or “Class by Animaker”, in any way that may cause confusion on any medium or advertising services.
“DMCA Takedown” is when content is removed from a Website at the request of the owner of the content or the owner of the copyright of the content.
DMCA Takedown does not require the content to be copyrighted to process the takedown OR for the request to have the content taken down acted upon by the Website owner or ISP.
In complete compliance with DMCA, Animaker Class will remove content that is believed in good faith to violate someone's copyright.
Animaker Class reserves the right to remove any content from Animaker Class at any time, for any reason, including, but not limited to, if someone alleges that an Animaker Class User had shared content in violation of prevalent Copyright laws, or without any reason, and without notice.
To learn more about DMCA, click here. (https://www.copyright.gov/legislation/dmca.pdf)
Animaker Class may change, suspend, or discontinue any part of Animaker Class.
Animaker Class may introduce new features, impose limits on certain features, or restrict access to parts or all of Animaker Class.
Animaker Class will try to give User notice when it makes a material change to Animaker Class that would adversely affect User, but this is not always practical.
Animaker Class reserves the right to modify this agreement at any time.
Changes and modifications to these Terms will be effective when posted to Animaker Class site or when Animaker Class provides notification of the change, whichever is sooner.
User may not export or re-export any of the content generated using Animaker Class except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable.
The preceding and all accompanying documentation are deemed “commercial computer software” and “commercial computer software documentation,” respectively, under DFAR Section 227.7202 and FAR Section 12.212(b), as applicable.
These Terms solely govern any use, modification, reproduction, release, performance, display, or disclosure of the preceding by the U.S. Government.
Animaker Class does not make any representations or guarantees concerning any content contained in or accessed on or through Animaker Class.
Animaker Class will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Animaker Class.
Animaker Class will make no representations or warranties regarding suggestions or recommendations of Services or products (including publisher software) offered or purchased on or through Animaker Class.
Products and Services purchased or offered (whether or not following such recommendations and suggestions) on or through Animaker Class are provided "as is" and without any warranty of any kind from Animaker Class or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
Animaker Class content, Website, and software 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, non-infringement, or that use of Animaker Class will be uninterrupted or error-free.
Some states in USA do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
User agrees to keep confidential and not use or disclose to a third party any information related to Animaker Class that they know or reasonably should know to be confidential to Animaker Class.
To the extent that a User provides Animaker Class with any suggestions, information, ideas, or feedback concerning Animaker Class, including but not limited to, a report of any errors, which User discovers while using Animaker Class or any related documentation, such feedback, will be the property of Animaker Class.
User agrees to assign, and hereby do assign, all right, title and interest worldwide in the use of such feedback, and the related intellectual property rights, to Animaker Class and agree to assist Animaker Class in perfecting and enforcing these rights.
User may not assign, delegate, or transfer these Terms or User rights or obligations hereunder, or User Services account, in any way (by operation of law or otherwise) without Animaker Class prior written and verifiable consent.
Animaker Class may transfer, assign, or delegate these Terms and Website rights and obligations without verifiable consent.
These Terms are governed by and will be construed under the laws of the State of California, USA.
Any dispute arising from this Terms shall be settled in State of California, USA in English, by the streamlined arbitration rules and procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS")
Notwithstanding the foregoing obligation to arbitrate disputes, each party to these Terms, shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction.
The federal and state courts located in State of California, USA will have non-exclusive jurisdiction in respect of disputes arising in connection with these Terms.
Animaker Class has no liability for any failure of performance or equipment due to causes beyond its reasonable control, including, but not limited to, the following: acts of God, fire, flood, earthquake, tsunami, storm, or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or acts of terrorism; unavailability of rights-of-way or materials; or strikes, lockouts, work stoppages, or other labor difficulties; or failure of the Internet or any telecommunications, hosting or Service provider.
No failure or delay by Animaker Class in exercising any right or remedy provided by law under or pursuant to these Terms shall impair such right or remedy or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
If any of the provisions of these Terms become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect.
Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated at this moment are fulfilled.
These Terms represent the entire agreement between User and Animaker Class on the subject matter hereof, and supersedes the provisions of any other communications on such subject matter.
If any provision of these Terms is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect, as the original provision and the remainder of these Terms will continue in full force and effect.
Notwithstanding any other provision from these Terms, the representations, warranties, covenants and indemnities of or by Animaker Class contained herein or in any certificate, document or instrument delivered pursuant hereto shall survive the termination of these Terms:
Any obligation on the part of the Users to pay Animaker Class or indemnify Animaker Class.
Any limitations on Animaker Class liability.
Any Terms regarding ownership or intellectual property rights.
Any Terms regarding disputes between User and Animaker Class.
If Users have any questions, comments, or concerns regarding these Terms or Animaker Class, they are requested to contact Animaker Class at: Animaker Inc., 3260, Hillview Avenue, Palo Alto, CA 94304, USA; Email: email@example.com
I, a prospective User of Animaker Class, have read these Terms very carefully. By using Animaker Class, I agree to be bound by these Terms. If I do not agree to these Terms, I will not use Animaker Class.