1. Our Contact Information.
AnimationWorkshops:
435 239-5160
admin@animationworkshops.com
Hours of operation: 9 am - 5 pm Mountain Standard Time
3. Acceptance of Terms.
Please carefully read the following Terms of Use and Disclaimers before accessing and using AnimationWorkshops and the CBT. By Accessing the Computer Based Training via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.
AnimationWorkshops reserves the right to modify these terms of use at any time without notice to User. Any change in these terms of use is effective immediately upon User's receipt of notice from AnimationWorkshops. Notice can be given through e-mail or posting on the Site. Users agree to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.
User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, headphones, microphone, or other equipment.
User is solely responsible for purchasing licenses of 3D animation software.
4. Authorized Use.
AnimationWorkshops hereby grants to You a non-exclusive license to use and Access the content and information available at the CBT according to the provisions contained herein and subject to the payment of the applicable tuition and fees and adherence to the terms of the this Agreement.
5. Fees.
The rights granted under this Agreement are effective only upon payment of the tuition and fees, which are non-refundable other than as expressly provided here or in the current AnimationWorkshops catalog, provided at AnimationWorkshops.com. The term "monthly subscription" is defined as any 30 day period. The term "term" is defined as an 11-week period of instruction between the dates outlined in the current official AnimationWorkshops site, on the Policies page.
6. Residency.
Given the nature of the Internet, even though the Site is targeted to U.S. residents only, it may be accessed in other parts of the world. If you are not a U.S. resident and use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of AnimationWorkshops) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A U.S. RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE U.S., AND TO THE PROCESSING OF SUCH DATA ON AnimationWorkshops's U.S. SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY U.S. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
7. Site Use by Minors.
You affirm that the User possesses legal parental or guardian consent, or is more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that the User has reached the age of 13 by the time of the start of their first Workshop.
The User's parent or guardian must digitally sign the enrollment agreement with the User.
If we receive a complaint which states that a user of the site is under 13 years of age, we will comply with the requirements of the Children's Online Privacy Protection Act of 1998 ("COPPA").
8. Access to the CBT.
AnimationWorkshops strives to provide the CBT to its Users on a continuous basis. To that end, AnimationWorkshops will take all commercially-reasonable efforts to provide uninterrupted Access to the CBT to its Users. However, from time to time, Users may be unable to Access the CBT due to conditions beyond AnimationWorkshops's control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the CBT to its Users, AnimationWorkshops will take all commercially-reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially-reasonable shall be determined solely by AnimationWorkshops.
AnimationWorkshops endeavors to provide the highest quality content to its Users. Accordingly, AnimationWorkshops reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the Site and the CBT, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
9. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
In order to ensure that Users of the Site do not engage in Prohibited Conduct, AnimationWorkshops reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the CBT to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the CBT beyond that of normal patterns of use that suggests systematic copying of the materials may constitute abuse of the CBT and may result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by AnimationWorkshops. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
10. Warranties.
AnimationWorkshops warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. AnimationWorkshops does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. AnimationWorkshops PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
AnimationWorkshops also warrants that the site Software, if provided by AnimationWorkshops, is free from defects in material from the date You acquired the Software. AnimationWorkshops's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the tuition and fees You paid for the Software. Only if You inform AnimationWorkshops of Your problem with the Software within thirty (30) days of discovering the problem will AnimationWorkshops be obligated to honor this warranty. AnimationWorkshops will use commercially-reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although AnimationWorkshops has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
11. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AnimationWorkshops OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT AnimationWorkshops RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL AnimationWorkshops BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AnimationWorkshops RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF AnimationWorkshops SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AnimationWorkshops, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AnimationWorkshops IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF AnimationWorkshops IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
12. Third Party Content.
You acknowledge that AnimationWorkshops does not pre-screen third party materials, including but not limited to assignments and uploads from other Users. AnimationWorkshops is not the publisher or speaker of any information on the Site that is provided by third party content providers, and AnimationWorkshops is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by AnimationWorkshops. AnimationWorkshops assumes no responsibility for those products or services.
AnimationWorkshops may contain links and references to other third party websites and materials. AnimationWorkshops does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. AnimationWorkshops does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. AnimationWorkshops reserves the right to terminate any link or remove any reference found on the Site at any time.
AnimationWorkshops MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, AnimationWorkshops DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
13. Copyrights and Trademarks and other Proprietary Rights.
AnimationWorkshops or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, 3D characters, training content, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by AnimationWorkshops or a third party who licensed the right to use such content to AnimationWorkshops. Unless otherwise expressly noted, nothing that You read or see on the Site or in the CBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of AnimationWorkshops except as provided in this Agreement or expressly allowed in the course of class interaction.
The User owns any original pictures and videos you post (e.g. drawings, reference video), but AnimationWorkshops may use them for our educational or promotional purposes, anywhere in the world. Imagery, videos and digital content created and/or uploaded by the user created using AnimationWorkshops assets (e.g. character rigs, tools) are owned by AnimationWorkshops and AnimationWorkshops may use them for our educational or promotional purposes, anywhere around the world. User may use imagery, videos and digital content created through their allowed use of Workshops assets for purposes of self-promotion and personal porfolio unless in a specific instance of prohibition by AnimationWorkshops such as in the case of objectionable content, or breaking of the Terms of Use.
14. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless AnimationWorkshops and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.
15. Security.
Users are prohibited from violating or attempting to violate the security of the Site. AnimationWorkshops will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Computer Based Training. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.
16. Termination of Agreement.
In addition to AnimationWorkshops's other rights, it may terminate this Agreement at any time and at its discretion. AnimationWorkshops may also terminate Access to the CBT or cancel subscriptions to the CBT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that AnimationWorkshops deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 shall survive. Your obligations to pay outstanding tuition and fees shall survive any termination of this Agreement.
17. Privacy Statements.
All of AnimationWorkshops's employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information AnimationWorkshops collects is: name, address, city, state, postal code, telephone number, and e-mail address. AnimationWorkshops does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified AnimationWorkshops employees. We gather only the User information that is needed to administer our business and enhance and improve our services.
You acknowledge that AnimationWorkshops may process and store your personal data in relation to the acceptance of and management of your User account and transcript data, and in some cases the transfer of some of your personal data to 3rd party services or resources. Your personal data will never be sold or given to any 3rd party service for marketing purposes.
AnimationWorkshops may, but has no obligation to, remove, edit, block
and/or monitor anything posted to the Site or our social media accounts.
AnimationWorkshopsAttn: Data Protection Officer
435 239-5160
admin@animationworkshops.com
18. Miscellaneous.
These terms of use, in conjunction with the Enrollment Agreement, constitute the entire agreement between AnimationWorkshops and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between AnimationWorkshops and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, AnimationWorkshops may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. AnimationWorkshops's remedies are cumulative and not exclusive. Failure of AnimationWorkshops to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. AnimationWorkshops makes no representation that the content of the Site is appropriate or available for use in all locations.
19. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of Utah, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Salt Lake City, Utah. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Salt Lake City, Utah, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.