Last Updated: September 2018
In order to register for the Site, you will be asked to specify your name, email address and country of residence. You expressly acknowledge that we are relying on the information you have specified and warrant that this information is true and accurate.
You acknowledge and agree that we will provide you with the products and services accessible via the Site and that you will be responsible for all equipment necessary for you to access the Internet and all telephone or other connection and service fees associated with such access.
2. Personal Non-Commercial Use by Users
3. Ownership of Material on the Site
As between you and One Animation, One Animation owns and retains all proprietary rights in the Site. You must not, and must not assist any other person to, copy, reproduce, republish, upload, post, transmit or distribute in any way, including by e-mail or other electronic means and whether directly or indirectly, decompile, reverse engineer or disassemble any of the material on the Site including the characters, logos, graphics, illustrations, text, images, audio, video and software, including images or files incorporated in or generated by the software or data accompanying such software (“Material”), unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by One Animation. Unless you obtain the prior written consent of the owner, modification or use of all or part of the Material, including use of the Material on any other website or networked computer environment, or for any purpose other than personal, non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights of the Material’s owner(s), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this section. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Site (including data packets transmitted to and from the Site over the Internet), or analyse, decipher, “sniff”, derive code from, or attempt to analyse, decipher, “sniff” or derive code from, any packet stream transmitted to or from the Site, whether encrypted or not, or permit any third party to do so. You expressly waive any legal rights you may have to do so, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under any applicable law.
4. Content Posted on the Site
· We may from time to time host bulletin boards, chat rooms, forums or other public posting areas (“Forums”). The information and opinions expressed in the Forums are not necessarily those of us. One Animation makes no representations or warranties regarding information or opinions that appear in the Forums and do not endorse or guarantee the accuracy of any posting. While we do our best to moderate and monitor content posted in the Forums, we assume no obligation to do so or to delete or edit any postings. However, we reserve the right to delete, move or edit any postings for any reason in our absolute discretion.
· By using the Site, you agree that you will not submit or otherwise publish through the Forums any Content which: (a) libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify, defend and hold harmless, One Animation and our officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of the above agreements, representations, and warranties.
5. Rules of Conduct on the Site
· You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
· You may not post or transmit Content (even in a joking, sarcastic or unintended manner) that:
· is patently offensive to the online community, including but not limited to sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, religious intolerance, terrorism, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person, including continuing to message a Site user (“griefing”) after being asked to stop, or continued negative “tagging” of another Site user;
· involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
· intends or has the effect of disrupting the normal use or operation of the Site or otherwise uses a disproportionate amount of bandwith or places disproportionate demands on the CPUs of our servers;
· promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
· infringes upon or violates any third party’s rights (including intellectual property rights, rights of privacy (including unauthorised disclosure of a person’s name, email address, physical address or phone number) and/or rights of publicity);
· promotes or enables an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music, movies, videos or video games or links or other access to such pirated material;
· contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
· provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
· provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
· contains video, photographs, or images of another person aged 18 or older without his or her express written permission, or of any minor (regardless of whether you have consent from the minor or their legal guardian);
· engages in or solicits commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barters, advertising, investments and/or pyramid schemes or the buying or selling of “virtual” items related to the Site;
· solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
· contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, disruptive or deleterious creations, components or devices;
· interferes with another user’s use and enjoyment of the Site or any other individual’s use and enjoyment of similar services; or
· You must use the Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Site, including collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Site, are not permitted. This includes the unauthorised interception of the data stream coming from or going into the Site, as well as attempting to gain unauthorised access to the Site or exceeding your authorised access.
· You understand that One Animation has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, One Animation can (and you hereby expressly authorise One Animation to) disclose any information about you to law enforcement or other government officials, as One Animation, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
· We have the right, and will do our best, to monitor and moderate the materials posted in the public areas of the Site, however we have no obligation to do so. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the Site and in your messages.
· Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. One Animation shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Site.
· It is possible that other users (including unauthorised users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for such above mentioned unauthorised users to obtain personal information about you due to your use of the Site, and these users may use such information to harass or injure you. One Animation does not approve of such unauthorised uses but by using the Site you acknowledge and agree that One Animation is not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.
One Animation respects the rights of all copyright holders and has a policy that, in appropriate circumstances, users and account holders who infringe the rights of copyright holders on multiple occasions (“repeat offenders”) may have their rights to access the Site terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know via our Contact Us page in sufficient detail for us to investigate your complaint. If we determine that copyright infringement has occurred, we may remove or “take down” the infringing material from the Site, or take such other steps as we deem appropriate. If we determine that you have uploaded or otherwise posted material that infringes the copyrights of others, we may, in our discretion, terminate or suspend your access to the Site.
· This Site may contain links to other websites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites and we are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or postings from you, we shall not bear any responsibility or liability for the manner in which such information or postings are used or exploited.
7.2 One Animation welcomes links to this site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by One Animation. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another website or dynamic HTML page, or present in conjunction with or juxtaposed against such a website, any of the content or other materials on the Site without our prior written consent.
8. User Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation to monitor communications and/or disputes between you and other users.
10. Contests and Other Promotional Activities
11. Disclaimer of Warranties and Liability
· The Materials on the Site and the Site are provided “as is” and “as available”. One Animation disclaims all conditions, representations and warranties not expressly set out in these terms. One Animation shall not be liable to you for indirect, incidental, special or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed one hundred United States dollars ($100). Neither One Animation, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of the Site warrant that the functions contained in the Site materials will be uninterrupted or error- free, that defects will be corrected or that One Animation or the server that makes them available are free of viruses or other harmful components. The material that you read on the Site is provided solely for entertainment and promotional purposes. One Animation does not warrant or make any representations regarding the use or the results of the use of the Site or any Materials or Content in terms of their correctness, completeness, accuracy, reliability or otherwise.
· You expressly agree that neither One Animation, nor its affiliated or related entities, nor any of their respective employees or agents, nor any person or entity involved in the creation, production, and distribution of the Site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of the Sites or any other One Animation affiliated websites. You expressly acknowledge and agree that One Animation is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. One Animation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or member communications. One Animation is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site. You (and not One Animation) assume the entire cost of all necessary servicing, repair or correction.
13. Governing Law and Jurisdiction
15. Third Party Rights