This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: Febuary 15, 2011.
Animatedbuzz.com disclaims any and all responsibility for misuse of
artwork on the site. This includes but is not limited to using original
work of others for commercial gain or other use. Any postings of
artwork in the portfolio or films or any other sections is done by a user voluntarily and
Animatedbuzz does not assume responsibility for its content, any
opinion or conclusion that could be derived from its content or any
third party use.
Mentors are responsible for responding to your request.
Animatedbuzz.com is a faciliator of this student/mentor transaction but
does not guarantee purchaser's satisfaction. Animatedbuzz values
your feedback so please feel free to contact us with any comments.
Animatedbuzz disclaims liability from any content and any services that
you provide to users/students/purchasers
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Animatedbuzz. By using or accessing Animatedbuzz, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on Animatedbuzz, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Animatedbuzz ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Animatedbuzz, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Animatedbuzz, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Animatedbuzz safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on Animatedbuzz.
You will not collect users' content or information, or otherwise access Animatedbuzz, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Animatedbuzz.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on Animatedbuzz without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
You will not use Animatedbuzz to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Facebook, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Animatedbuzz users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Animatedbuzz, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Animatedbuzz if you are under 13.
You will not use Animatedbuzz if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Animatedbuzz that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Animatedbuzz if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Animatedbuzz, the Animatedbuzz and AB Logos, AB, or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on Animatedbuzz.
You will not tag users or send email invitations to non-users without their consent.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Animatedbuzz within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Animatedbuzz, as well as your name and profile picture.
If you make a payment on Animatedbuzz, you agree to our Payments Terms.
Date of Last Revision: Febuary 15, 2010
When you make payments through Animatedbuzz, you agree to these Payments Terms.
When you confirm a transaction on Animatedbuzz, you agree to be bound by and pay for that transaction.
Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
Don't commit to a transaction unless you are ready to pay, because all sales are final.
If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards.
When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
As part of our effort to keep Facebook safe, we may take certain actions to reduce liability for users and us.
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or we believe doing so may prevent financial loss.
We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities.
If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Disputes and Reversals
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
We may intervene in disputes between users concerning payments but have no obligation to do so.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Special Provisions Applicable to Advertisers
When you purchase advertising on or through Animatedbuzz, you agree to pay all amounts specified in the order, along with any applicable taxes.
Without limiting section 4.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Notices and Amendments to These Payments Terms
We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
The Payment Terms in place at the time you confirm a transaction will govern that transaction.
We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Section 12 of the Statement of Rights and Responsibilities.
If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them.
If you are a resident of or have your principle place of business in the US or Canada, these Payments Terms are between you and Animatedbuzz, Inc. Otherwise, these Payments Terms are between you and Animatedbuzz Ireland Limited. References to “us,” “we,” and “our” mean either Animatedbuzz, Inc. or Animatedbuzz Ireland Limited, as appropriate.
Some countries may restrict or prohibit your ability to make payments through Animatedbuzz. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
About Advertisements and Other Commercial Content Served or Enhanced by Animatedbuzz.
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You can cancel your Order at any time.
Our license to run your ad will end when we have completed your Order.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with Animatedbuzz without written permission.
We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
We can change this Statement if we provide you notice (by posting the change on the Animatedbuzz Site ).
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Animatedbuzz to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Animatedbuzz exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Animatedbuzz, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP ANIMATEDBUZZ UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ANIMATEDBUZZ "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ANIMATEDBUZZ WILL BE SAFE OR SECURE. ANIMATEDBUZZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY
LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ANIMATEDBUZZ, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANIMATEDBUZZ'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on ANIMATEDBUZZ (such as advertising or payments) or operate a Platform application or website.
Certain specific terms that apply only for German users are available here.
By "Animatedbuzz" we mean the features and services we make available, including through (a) our website at www.Animatedbuzz.com and any other Animatedbuzz branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Animatedbuzz that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Animatedbuzz.
By "post" we mean post on Animatedbuzz or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Animatedbuzz at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Animatedbuzz, Inc. Otherwise, this Statement is an agreement between you and Animatedbuzz Ireland Limited. References to “us,” “we,” and “our” mean either Animatedbuzz, Inc. or Animatedbuzz Ireland Limited, as appropriate.
This Statement makes up the entire agreement between the parties regarding Animatedbuzz, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing Animatedbuzz.
You may also want to review the following documents:
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