Terms and Conditions
ACME TERMS AND CONDITIONS OF PARTICIPATION
Welcome to ACME! We look forward to your participation in our programs and your involvement with our website, be it as a student, a teacher, or a mentor. Please read these terms of participation carefully before participating in the ACME Animation Online program (the “Program”), using the ACME Website (the “Website”), using the text, data, postings, user submissions, and other content available on the Website (the “Program Content”) and/or participating in the ACME On-Air televised and recorded programs, and live interactive content or videos through third party providers such as Adobe Connect, Vimeo, Facebook and Twitter (“On-Air”), collectively (“ACME Services”).
2. FOR KIDS - UNDER AGE 13
3. FOR PARENTS
4. CONSENT TO MONITOR
You acknowledge that any and all account data that is stored and is resident on our servers, and any and all communications that you make within the Website (including, but not limited to, posts directed at another user or group of users) traverse through our servers, may or may not be monitored by us or our agents (where and to the extent permitted by applicable law), you have no expectation of privacy in any such communications, you expressly consent to such monitoring of communications you send and receive, and you expressly agree to waive any rights of confidentiality that you may have in and to such communications.
CONTINUED ACCEPTANCE OF TERMS THROUGH USE
Please check these Terms and Conditions of Participation periodically for changes. Your continued use of ACME Services following the posting of any changes to the Terms and Conditions of Participation constitutes acceptance of those changes. We specifically reserve the right to: change the terms of this agreement; change the Website, Program, Program Content, On-Air, all or part of ACME Services, including eliminating or discontinuing any content on or feature of the Website; or impose or change any fees or charges for use of the Website or ACME Services. Any changes made will be effective immediately upon notice, which we may provide by (i) posting the revised Agreement on the Website or (ii) via electronic mail.
1. PRE-REGISTRATION for Children Under the Age of 13
2. ACCOUNT REGISTRATION
In order to register for an Account, you will be asked to provide a username, password, e-mail address and the state in which you live. Your username and password are used to log in to your Account and to authenticate your identity when necessary. When choosing your username, try not to use personal information (for example, your full name, last name or e-mail address) that can be used to identify who you are. Your username is the name that will be used to identify you publicly on the Website. As part of the registration process we will require that you provide a valid e-mail address in order to provide notices to you about the Website and/or the ACME Services, or use ACME’s internal message system if you do not have an email account.
3. ACCESSING YOUR ACCOUNT INFORMATION
You can access, edit and update your Account information at any time by clicking on "My Profile" located on the left of the Website home page. It is your responsibility to make sure that all information on your My Profile page is truthful, complete, current and accurate.
ACCESS AND PASSWORDS
Users of this Website who are participating in the Program, Program Content and ACME Services must log in with a password to access the ACME Services. Access is limited to registered users only and passwords may not be shared with non-registered participants. You are responsible for the security and safekeeping of your password. If unauthorized individuals are found attempting to access ACME Services with your password you may be held liable for their actions. In addition, we may terminate your participation in the Program and bar you from future access to the Website or to ACME Services.
CODES OF CONDUCT
You agree to abide by ACME Animation’s Codes of Conduct. While using the Website or ACME Services, you agree that you will not:
use the Website or ACME Services for unlawful purposes;
restrict or inhibit any other visitor or participant from using the Website or ACME Services;
transmit any content or information that is unlawful, fraudulent, bigoted, hateful, mean spirited, ethnically or racially offensive, threatening, abusive, libelous, defamatory, pornographic, or otherwise objectionable;
use a tone other than respectful when communicating with professionals and others online;
make inappropriate remarks or a personal attacks on other artists; make comments that are not constructive or which include language that contains profanity and name calling (“Hurtful Remarks”);
transmit any content which violates any rights of any third party (including, without limitation, any rights to privacy);
transmit any copyrighted material, including without limitation, texts, photographs, sound, video and music, without the express permission of the author or owner of the copyright;
transmit any information, software, or other material that contains a virus, worm or other harmful disruptive component;
modify, adapt, sublicense, sell, reverse engineer, decompile or disassemble any portion of the Website, ACME Services, or the software underlying either of them, or modify any materials downloaded from this Website;
use any artwork, personal films or any other content that you may access through the Website for any reason other than reviewing;
harvest, collect, or disclose information about the other Website participants or visitors without their express consent and the consent of The ACME Network;
use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure of the presentation of the Website, the ACME Services or their contents, unless otherwise expressly permitted in writing by The ACME Network.
Content posted which violates the above Rules of Conduct or that we believe in our sole and absolute discretion should not be posted will be removed from the Website and ACME Services upon discovery. Depending on the nature and extent of the violation, we may, at our sole discretion, terminate your participation in ACME Services, hold you personally accountable for any liability resulting from such posting and/or prohibit you from accessing the Website and ACME Services in the future.
SUBMISSION OF WORK
By posting or submitting content, including, without limitation, any text, animation, videos, commentary, bulletin board posting, chat room message, or similar message (each a "Submission") to the Website or directly to The ACME Network, you (to the extent possible under applicable law):
Grant The ACME Network the perpetual, irrevocable, royalty-free non-exclusive right to use, reproduce, display, perform, adapt, distribute, have distributed, transmit, market and promote the Submission in any form and in any and all media now known or hereinafter invented, anywhere for the purpose of providing the ACME Services and/or any marketing and/or promotion thereof.
Warrant and represent that you own and otherwise control all of the rights to the Submission and the display; distribution and use of your Content by The ACME Network will not infringe or violate the rights of any third party.
Release, waive any claims with regard to, and hold harmless The ACME Network (and its business partners, affiliates, sponsors, officers, directors, agents, employees) from and against any and all claims of any kind that are or could be asserted with respect to any use, (whether authorized by you or not), license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Submissions by any third party having access to The ACME Network in any media now known or hereafter developed, for any purpose whatsoever. You agree that any claim of unauthorized use is strictly between you and the third party bringing the claim.
By sending us comments or suggestions about the functionality or features of the Website or improvements thereto (“Unsolicited Feedback”) you release, waive any claims with regard to, and hold harmless The ACME Network (and its business partners, affiliates, sponsors, officers, directors, agents or employees) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works of, public display, sales, offers and other uses of any kind of such Unsolicited Feedback in any media now known or hereafter developed, for any purpose whatsoever.
ANIMATION AND ART CONTENT
The Program introduces the student to a broad array of art. As art is broadly defined and covers all aspects of real life and the imagination, some students may be exposed to artwork which they or their parent may consider inappropriate or offensive. While we reserve the right to restrict or remove any submissions of artwork which in our opinion violate our Codes of Conduct, our interpretation of what is appropriate may be different from that of our students and/or their parents. Thus, by accepting these Terms and Conditions of Participation, you acknowledge and consent to these inherent risks on behalf of yourself and/ or on behalf of your child or ward, if we have received your written consent for your child, who is under thirteen years of age, to participate in ACME Services.
The names The ACME Network and ACME Animation Online, and any related logos or service marks ("Marks") displayed on this Website are the property of The ACME Network. You are prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of The ACME Network. You acknowledge and agree that all texts, data, postings, submissions and other content available on the Website or through the Program (the "Program Content") are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by The ACME Network and except with respect to any original Submissions authored by you, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or Program Content made available through the Program or the Website. Notwithstanding the above, as an active participant in of ACME Services, you may print or download one copy of the Program Content on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices and do not disclose any of such Program Content to third parties outside the Program. Systematic retrieval of data or other Program Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The ACME Network is strictly prohibited. In general, use of the Program Content for any purpose not expressly permitted in these Terms of Participation is prohibited. You acknowledge that you do not acquire any ownership rights in any of the Program Content or ACME Services by using the Website. You may own the medium on which any permissible downloaded Program Content is recorded, but (as between you and us) The ACME Network retains all right, title, and interest in and to such downloaded Program Content, and all intellectual property rights therein.
ON-AIR PROGRAM PARTICIPATION
By its nature, On-Air, ACME Animation’s On-Air Program participation is is recorded, and in addition may be televised and/or webcast. ACME Animation On-Air programs showcase student and participant work, and facilitate student and participation interaction with peers and professionals across the country via videoconference telecasts.
You agree to allow (to the extent to which you are legally able) ACME and/or its agents to videotape, photograph, digitally capture and make recordings (altogether, “Recordings”) of yourself, your artwork, written materials and/or other works created by you in connection with the Program (altogether, “Student Materials”). You further warrant and represent that you own and otherwise control all of the rights to the Student Materials that you present in the Recordings and that the display, distribution and use of your Student Materials and Recordings by The ACME Network will not infringe or violate the rights of any third party. In addition, you hereby grant ACME, its agents and assigns a worldwide, perpetual, irrevocable, non-exclusive right to edit, make derivative works of, digitize, transmit, broadcast, publicly display, publicly perform, copy and distribute the Student Materials and Recordings or any portion thereof and use your name and likeness, throughout the world, in all media now known or hereinafter discovered, as part of the Program and in the advertising and publicity for the Program. Finally, you hereby release and hold harmless ACME, its agents, employees, licensees and assigns from and against any and all claims which you have or may have in the future arising out of the production, distribution, publication, broadcast or exhibition of your name or likeness, the Student Materials or the Recordings as permitted by this release.
You acknowledge that in consideration for your participation in ACME Services, the Website, the Program, Program Content and On-Air programs, you are not being paid to grant and release these rights to ACME; you understand that ACME is not obligated to use any of the Recordings or Student Materials.
GOVERNING LAW; DISPUTE RESOLUTION
In order to expedite and control the cost of disputes, you and ACME agree that any legal or equitable claim relating to these Terms (referred to as a “Claim”) will be resolved as follows:
You and ACME agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. ACME will send its notice to the email address you have in your profile, or if you have provided alternate contact info in your claims communications to us. You will send your notice to 1201 W. 5th St. Suite T-530, Los Angeles, CA 90017.
Please read this carefully. It affects your rights. You and ACME agree to arbitrate all disputes and claims arising out of or relating to this Agreement between ACME and you. A party who intends to seek arbitration must first notify us of its intent to arbitrate at email@example.com. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ACME may commence an arbitration proceeding. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Except as otherwise provided for herein, ACME will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AA Rules. In such case, you agree to reimburse ACME for all monies previously disbursed by it that are otherwise your obligation to pay under the AA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, ACME shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration. You agree that, by entering into this Agreement, you and ACME are waiving the right to a trial by jury. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and ACME agree that YOU AND ACME MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
If we cannot resolve a Claim informally, you and ACME each agree to submit to personal jurisdiction in California and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in the Eastern District of the State of California, provided that neither you nor ACME shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
Governing Law and Jurisdictional Issues. This Agreement is governed in all respects by the substantive laws of the State of New York and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Website is controlled and operated from Los Angeles, California and ACME makes no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from any territory where the content is illegal is prohibited. You may not use or export any of the Website materials in violation of U.S. export laws and regulations.
LIMITATION OF LIABILITY AND WARRANTY
YOU AGREE THAT USE OF ACME SERVICES, THE SITE, THE PROGRAM, PROGRAM CONTENT AND ON-AIR PROGRAMS IS ENTIRELY AT YOUR OWN RISK. OUR SITE, THE PROGRAM AND THE SERVICES PROVIDED THEREIN ARE PROVIDED “AS IS,” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS, PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR CONTENT, SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES: AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
The ACME Network does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the site or the program by any instructor, or other party or any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site. Furthermore, The ACME Network does not promise that use of the Website and/or participation in the program will guarantee the participant with a job with The ACME Network, its partners, its affiliates or any third party. We further do not guarantee you continued participation on the Website. Further, The ACME Network does not guarantee that you or your school will have full access to The ACME Network. The ACME Network’s entire liability and your sole and exclusive remedy for any dispute with us is the return of any registered fees paid by you directly to The ACME Network, if any, and the cancellation of your registration with us and your participation in the program. Neither The ACME Network nor any of its affiliates, employees, contractors, officers, directors, and/or content providers shall be liable for any direct, indirect or incidental lost profits, or special or consequential damages arising out of use of the ACME Services or inability to gain access to or use the ACME Services out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content and services on the Website and to ACME Services in total. This disclaimer of liability applies to any 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 record, whether for breach of contract, tortuous or behavior, negligence, or under any other cause of action. You specifically acknowledge that The ACME Network and its employees, agents, affiliates, content providers or assigns are not liable for the defamatory, offensive or illegal conduct of other third-parties and that the risk of injury from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless The ACME Network and its affiliates, employees, contractors, officers, directors, and/or content providers from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including the Codes of Conduct or misuse of any information, software, files, messages, or other content, Submissions, or Student Materials used in Recordings and placed on the Website by you or at your direction. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.
LAWS AND REGULATIONS
User access to and use of the Website and ACME Services is subject to all applicable international, federal, state and local laws and regulations.
The ACME Network makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and access to this Website and to ACME Services from territories where their contents are illegal is prohibited. If you choose to access this Website or ACME Services from other locations, you must do so on your own initiative and are responsible for compliance with local laws.
We may give notice to you by means of a general notice on the Website, via electronic mail to your email address on record or by written communication sent by first class mail to the address you provide us. You may give notice to us-such notice shall be deemed given when received by us at any time by any of the following: (1) Electronic mail to firstname.lastname@example.org or (2) Letter delivered by first class postage prepaid mail to The ACME Network at the following address:
The ACME Network
1201 W. 5th Street, Suite T-530, Los Angeles, CA 90017.
You may terminate your right to use and participate in our Website, the Program, or ACME Services at any time by notification to us as set forth above. We may terminate your account or access rights to the Website or Program at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Website. Termination by either party, for any reason, shall have no effect on the enforceability of any indemnity, disclaimer of warranty or limitation of liability made pursuant to these Terms of Participation.