SAM ANIMATION IS THE EXCLUSIVELY LICENSED COPYRIGHTED PROPERTY OF iCREATE TO EDUCATE, LLC. AS THE OWNER OF SAM ANIMATION, iCREATE TO EDUCATE HEREBY SETS OUT
THE TERMS AND CONDITIONS OF THE USAGE OF SAM ANIMATION AND iCREATE TO EDUCATE WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL BETA, FREE, AND FULL VERSIONS OF SAM ANIMATION AND ALSO ANY SUBSEQUENT VERSIONS CARRYING THE SAM ANIMATION TRADEMARK. UNTIL SUCH A TIME THAT NEW TERMS AND CONDITIONS OF THE USAGE OF SAM ANIMATION ARE WRITTEN AND MADE AVAILABLE BY iCREATE TO EDUCATE.
ALTHOUGH iCREATE TO EDUCATE WILL NOTIFY YOU WHEN CHANGES ARE MADE TO THESE TERMS AND CONDITIONS, YOU SHOULD PERIODICALLY REVIEW THE MOST UP-TO-DATE VERSION. iCREATE TO EDUCATE RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS AT ANY TIME; HOWEVER ANY CHANGES WILL ONLY APPLY TO SUBSEQUENT VERSIONS OF SAM ANIMATION.
1. YOUR ACCEPTANCE
By using SAM Animation (including visiting the iCreate to Educate website and using the SAM Animation application), you signify your
agreement to (1) these terms and conditions and (2) iCreate to Educates privacy policy. If you do not agree to any of the terms and conditions stated in this document or the SAM Animation privacy policy, please do not use any aspect of SAM Animation. Warning: If you do use SAM Animation and fail to abide by the terms and conditions stated in this document and the iCreate to Educate privacy policy, you will be prosecuted.
2. SAM ANIMATION WEBSITE
A. These terms and conditions apply to all users of SAM Animation.
B. The iCreate to Educate website may contain links to third party websites that are not owned or controlled by iCreate to Educate. iCreate to Educate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iCreate to Educate will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve iCreate to Educate Ltd from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the iCreate to Educate website and to read the terms and conditions and privacy policy of each other website that you visit.
4. SAM ANIMATION ACCOUNTS
A. In order to access some features of the website, you will have to create an iCreate to Educate account. You may never use another’s account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iCreate to Educate immediately via the iCreate to Educate website of any breach of security or unauthorized use of your account.
B. Although iCreate to Educate will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iCreate to Educate or others due to such unauthorized use.
5. GENERAL USE OF THE WEBSITEPERMISSIONS & RESTRICTIONS
iCreate to Educate hereby grants you permission to access and use the website as set forth in these terms and conditions, provided that:
A. You agree not to distribute in any medium any part of the website, including but not limited to User Submissions (defined below), without iCreate to Educates prior written authorization.
B. You agree not to alter or modify any part of the website.
C. You agree not to access the Download Area (defined below) through any technology or means other than the website itself.
D. You agree not to use the website, or the SAM Animation application for any commercial use, without the prior written authorization of iCreate to Educate. Prohibited commercial uses include any of the
following actions taken without iCreate to Educates express approval:
- sale of access to the website or its related services on another website;
- use of the website or the SAM Animation application, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the iCreate to Educate website or any third-party website, targeted to the content of iCreate to Educate;
- any use of the website or the SAM Animation application that iCreate to Educate finds, in its sole discretion, to use SAM Animation’s resources with the effect of competing with or displacing the
market for SAM Animation.
E. Prohibited commercial uses do not include any use that iCreate to Educate expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to the iCreate to Educate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iCreate to Educate grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. iCreate to Educate reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the
communication systems provided by the website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website.
G. In your use of the website, you will otherwise comply with these terms and conditions, iCreate to Educates privacy notice, and all applicable local, national, and international laws and regulations.
H. iCreate to Educate reserves the right to discontinue any aspect of the iCreate to Educate website at any time.
6. YOUR USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the iCreate to Educate website.
A. The content of the iCreate to Educate website is owned by or licensed to iCreate to Educate, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the
respective owners. iCreate to Educate reserves all rights not expressly granted in and to the website and the content.
B. You may access the Download Area solely:
- for your information and personal use;
- as intended through the normal functionality of the iCreate to Educate Service.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the iCreate to Educate website or features that prevent or restrict use or copying of any content or enforce
limitations on use of the iCreate to Educate website or the content therein.
7. ACCOUNT TERMINATION POLICY
A. iCreate to Educate will terminate a User’s access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF SAM ANIMATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ICREATE TO EDUCATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SAM ANIMATION AND YOUR USE THEREOF. ICREATE TO EDUCATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF iCREATE TO EDUCATES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE iCREATE TO EDUCATE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND /OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA iCREATE TO EDUCATE.
ICREATE TO EDUCATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE iCREATE TO EDUCATE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ICREATE TO EDUCATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL ICREATE TO EDUCATE LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND /OR,
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA iCREATE TO EDUCATE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT iCREATE TO EDUCATE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is controlled and offered by iCreate to Educate. iCreate to Educate makes no representations that the iCreate to Educate website and SAM Animation program is appropriate or available for use in all locations. Those who access or use the iCreate to Educate website and SAM Animation program do so at their own volition and are responsible for compliance with local law.
12. INDEMNITY
You agree to defend, indemnify and hold harmless iCreate to Educate, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the iCreate to Educate website;
(ii) your violation of any term of these terms and conditions;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms and Conditions and your use of the iCreate to Educate website.
13. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 13 years of age, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
14. ASSIGNMENT
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iCreate to Educate without restriction.
