Terms of Use
Thank You for choosing Animaker Academy!
These Terms of Use ("Agreement", “Terms”, "Hereto", "Herein", "Hereby", "Hereunder" and Similar Expressions) refer to the entire Terms listed below. Please read the entire Agreement carefully and seek the advice of an legal attorney before agreeing to the Terms listed on this Agreement.
Definitions
“Learner” ("You" or “Your") is an Individual or a Legal Entity You Represent and Shall Include Your Executors, Assigns, Administrators and Legal Representatives.
“Animaker Academy” (The "Website", “Our”, “We”, “Us”), Which is Owned, Maintained and Monitored By Animaker Inc., (“Animaker”) Which Designs, Develops, Maintains and Offers Certification in Animaker and various other Courseware For The Learner To Sign Up/Register, Pay, Use and Benefit From.
"Content" Refers To The Certification in Animaker and various other Courseware Material Made Available For You, the Learner. Content includes Courseware, Practice Tests, Documents, Data, Material, Information, Products, Videos, Photos, Images, Audio, Music, Sounds, Graphics, Special Effects, Images, Logos, Branding, and Marks.
"Services" shall Mean All Software and Applications, That Allow You To Stream, View or Use The Website, the Content, the Services, and the Courseware.
“Animaker Inc.,” is a Delaware Corporation with principal address at 3260 Hillview Avenue, Palo Alto, CA 94304, USA, that governs Your rights to use the Content and Services identified in this Agreement.
Acceptance of this Agreement
This is an Agreement between You and Animaker Academy.
By clicking on the “Create New Account” option, You, the Learner agrees to this Agreement in its entirety without any conditions and/or Terms on Your own.
All of the Terms are important and together create a legal Agreement that, once accepted by You, applies to You.
If You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any Content or Services published, available or provided on Animaker Academy.
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your User ID and Password ("Learner Account") is for Your exclusive use only.
Use or sharing of Your Learner Account with another Learner is not permitted and is cause for immediate blocking of Your access to the Website, the Content, the Services, Courseware and termination of this Agreement.
You agree that You are solely responsible for maintaining the confidentiality of Your Learner Account and for all activities that occur under it.
You agree to immediately notify Our Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Learner Account.
You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses.
We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Learner Account due to the activities of any third party outside of Our control or due to Your failure to maintain the confidentiality and security of Your Learner Account.
Courseware
The specific Certification in Animaker and various other Courseware that You have registered for is referred to as Courseware.
Courseware is an organized form of all Our Content, which may be In Audio, Video, Written, Graphic, Recorded, Photographic, or any machine-readable format.
As a part of Our Services offered through Our Website, We shall grant You access to Our Courseware.
We reserve the right to amend, revise or update the Courseware offered to You.
In the event such an amendment, revision or updation occurs, there might be additional fees for You to pay and access updated Content and/or Courseware.
You hereby agree to pay additional fees to access such amended, revised, or updated Content and/or Courseware, as the case maybe.
Pricing Disclaimer
All prices, products, and offers available on Our Website are subject to change without notice.
While We make sure to provide most accurate and up-to-date information, in some cases one or more items on Our Website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from Our 3rd party Courseware Partner Providers.
We reserve the right to change prices for all Our products, offers, or deals.
These changes are done due to market conditions, courseware termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price You paid at the time of purchase still holds for You.
We reserve the right to change prices for all Our products, offers, or deals.
These changes are done due to market conditions, courseware termination, providers, price changes, errors in advertisements and other extenuating circumstances. However, the price You paid at the time of purchase will hold for You.
Refund Policy
Our Learners always have a rewarding experience while they discover, assess, and purchase Our Courseware and Certifications, whether it is an instructor-led or self-paced training. However, no refund will be provided to any Learner on any Courseware bought on the Website, under any condition whatsoever.
Use of Website, Content, the Courseware and Services
We grant You a Personal, Restricted, Non-transferable, Non-exclusive, and Revocable License to use the Content, the Courseware and Services offered through the Website till the time of completion of the Certification in Animaker and various other Courseware that You have enrolled for or until the termination of this Agreement, whichever is earlier.
The Website, the Content, the Courseware and Services are provided solely for Your Personal and Non-commercial use to assist You in completing the Certification in Animaker and various other Courseware that You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Content, the Services, and the Courseware.
You may not download, save, or print the Courseware solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
You should not use the Website in an unlawful manner.
You must respect this Terms of Use and follow the Privacy Policy.
Under no situations or circumstances, will Animaker Academy be liable for any change in the Content which it provides on its Website through its products and Services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any Content made available via Our products, Services, or various resources such as email, blog etc.
Animaker Academy is not responsible for the charges incurred for the usage of hardware, software, or internet Services provider fee incurred by the Learner to access the Website, the Content, the Courseware and Services.
You will be required to use login credentials for most of the sections on the Website.
Animaker Academy reserves the right to block access to its Services for any Learner who does not follow these Terms.
We make sure that Learners get uninterrupted access to Our service, but there is no obligation to do so.
Animaker Academy is not responsible and is not obligated for issues in Your network or server beyond certain limits.
Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others;
Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
It's prohibited to edit HTML source code, reverse engineer or attempt to hack.
Do not run Spam Services /scripts or anything which could affect the infrastructure, and in turn, the Learners.
Do not communicate spam, advertise, or sell Services such as digital downloads, eBooks, or phishing links.
You may not copy, distribute, and indulge in plagiarism with Website Content or Learner submitted Content.
Do not use any Content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
This Website may have links to other Websites. We do not undertake any control on the Content of these other Websites.
We are not responsible for other Website Content. The sole purpose of the links included are to provide Learners information. Hence, Animaker Academy will not be held responsible.
You may not mirror or frame the homepage or any other pages of the Website on any other Website or webpage.
Do not link to Animaker Academy pages and subpages with spam links/anchor text, which could provide a false impression. This may create misunderstanding for the Learners.
Do not use or include copyrighted or registered trademarks, or Intellectual Property images, design or Content as a link to Animaker Academy Website.
Do not link to pages which support racism, terrorism.
Do not link to pages which provide pornographic Content and violate human and animal rights.
Do not link pages to Content which infringes the Intellectual Property of any third party, person or entity.
Do not link pages to Content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Content, the Services, and the Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Content, the Services, and the Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Content, the Services, and the Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Content, the Services, and the Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Content, the Services, and the Courseware.
We value and respect other’s Intellectual Property and expect the Learners to do the same.
The entire Contents of the Website are protected by copyright and trademark laws.
The owner of the copyrights and trademarks on the Website are Animaker Inc., its affiliates, or other third party licensors.
The material on the site, including text, graphics, code and/or software is copyrighted and belongs to Animaker Academy.
You may not duplicate, modify, publish, or reproduce the Content in any manner.
Animaker Academy does not take any responsibility for the Content on other Websites (except Our partners and affiliates), that You may find when searching or accessing Animaker Academy products or Services .
The Privacy Policy and Terms of Use of the Websites that You visit will administer that Content.
Animaker Academy has all the rights to disable or prohibit access to the Learners who do not respect and involve in the infringement of Animaker Academy Intellectual Property.
You are not allowed to use any of the digital images or logos from the Website. In case of copyright issues, there has to be a written consent from the trademark owner.
If You believe that Your work has been used without Your permission in a way which prompts for copyright infringement, please provide Us with the information given below and We will act on it.
The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature.
A description of the copyrighted work that You claim to be infringing Your IP.
A description of where and how the Content that You claim as infringing is located on the Animaker Academy Website, with enough detail that We may find it on the Website.
Contact Details - Address, telephone number, and email address.
A statement by You, that the information which You provided is accurate and Your claim of the copyright or Intellectual Property is on Your owner's behalf
You can reach us to notify Your claims of copyright by writing to Our Support Team.
Usage of Personal Information of Learners
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us.
We may use Your personal information to inform You about other Certification in Animaker and various other Courseware offered by Us.We shall not distribute or share Your personal information with any third party marketing database
We shall not disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Content, the Services, and the Courseware are at Your sole risk.
We do not warrant that the Website, the Content, the Services, and the Courseware will be uninterrupted or error free. We do not warrant any results obtained from the use of the Website, the Content, the Services, and the Courseware.
We do not warrant to the accuracy or reliability of any information provided through the Website, the Services, or the Courseware.
In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Content, the Services, and the Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Content, the Services, and the Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other Learners of the Website, the Services or the Courseware and that the risk of damage or injury from the foregoing rests entirely with each Learner.
You agree that Our liability or the liability of Our Affiliates, Directors, Officers, Employees, Agents, and Licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Courseware shall not exceed the fee You paid to Us for the particular Certification in Animaker and various other Courseware.
Term and Termination
This Agreement will become effective upon Your acceptance of the Terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the Terms Of Use of this Agreement, will remain in effect till You maintain a current, fully paid up online Learner Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Website, the Content, the Services, and the Courseware with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default").
On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
Indemnity
You agree to indemnify and hold Us, Our Contractors, Licensors, Directors, Officers, Employees, and Agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Content, the Services, and the Courseware or any violation or breach of this Agreement or any provisions hereof.
Waiver
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege.
No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of USA, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of Delaware and the courts in Delaware shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You.
We shall however publish the revised Agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement.
You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments.
Your continued use of or access to the Website, the Content, the Services, and the Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party.
You only shall be held liable for any breach of this Agreement or any Terms Of Use hereof.
Entire Agreement
This Agreement, along with the Privacy Policy and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire Agreement governing Your use of Our Website and supersedes any prior Agreements, if any, relating to any matter dealt within this Agreement.