Terms & Conditions
Terms And Conditions:
Please read this Terms and Conditions agreement carefully, as it contains important information regarding Your legal rights and remedies.
This Terms of Service Agreement (“Agreement”) is entered into by and between Animation Flourish LLC, a California Limited Liability Company (“Animation Flourish”) and You and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of our animation tutoring services and any other services or products offered by Animation Flourish and is in addition to (not in lieu of) any specific terms and conditions that apply to a specific service or product offered by Animation Flourish.
The terms “we”, “us” or “our” shall refer to Animation Flourish. The terms “I”, “You”, “Your”, “Student” or “User” shall refer to any individual who accepts this agreement. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. The terms website and Site shall refer to www.animfocus.com and any of its subdomains.
THE ANIMATION FLOURISH WEB SITE (WWW.ANIMFOCUS.COM) IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY ELECTRONICALLY ACCEPTING THIS AGREEMENT AND USING THE ANIMATION FLOURISH WEBSITE (WWW.ANIMFOCUS.COM), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ANIMATION FLOURISH MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME IN ITS SOLE DISCRETION. YOUR CONTINUED ACCESS TO OR USE OF THIS WEBSITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON BEING POSTED ON ANIMATION FLOURISH’S WEBSITE (WWW.ANIMFOCUS.COM).
2. Authorized Use
Animation Flourish hereby grants to You a non-exclusive license to use and access the content and information available on our website according to the provisions contained herein and subject to the payment of the applicable fees and adherence to the terms of this Agreement.
3. What We Provide
We provide a 4-week tutoring program (the “Program”) in an on-line format. We provide You with one work assignment a week and 1 hour of one-on-one online critique and evaluation time per week for the entire program. The one-on-one hour of online critique and evaluation is conducted at a predetermined and agreed upon time slot PST, using a web-based video chat tool.
4. Who Can Enroll
The site is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that You are at least 18 years of age. 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").
5. Minimum Requirements
You are solely responsible for providing the equipment related to accessing the Website and engaging in the tutoring program, including all computer, remote communications equipment, headphones, microphone, web-cam, animation rigs, animation software, or other equipment.
6. Fee, Refunds, Withdrawals and Cancellations
Students may secure a spot in the Program by paying the full fee. NO REFUNDS, CANCELLATIONS, POSTPONEMENTS OR WITHDRAWALS ARE ALLOWED BEYOND 14 DAYS PRIOR TO THE START OF THE PROGRAM. While a Program term is underway, Students wanting to switch out of the term and re-enter next term may do that, but will forfeit at minimum 2/3 of the fee for that term (If it is beyond the 2nd week of the term, there is no refund issued). Withdrawal can be initiated by emailing: email@example.com with a clear written request for withdrawal.
Animation Flourish LLC reserves the right to change the dates of the Program for any reason. If Animation Flourish LLC cancels a Program and does not reschedule the same Program within 180 days of the date of the original workshop, Animation Flourish LLC will refund 100% of the Student's fee.
Additional credit card or bank fees of 2.9% - 4.4% of the total transaction amount plus any international fees based on the currency used may apply. Animation Flourish reserves the right to ask a Student to withdraw involuntarily for disrupting a Program at its sole discretion and authority. No refunds shall be made in the event of an involuntary withdrawal.
In the event that Animation Flourish issues a refund, You agree that once Animation Flourish has submitted Your refund via the same payment method with which You paid for Animation Flourish’s services, that Animation Flourish has absolutely no control over when the refund shall be applied to Your account and that such refund may take up to five (5) business days or longer. Animation Flourish reserves the right to substitute “credit” towards another Program term instead of issuing a refund at its sole and absolute discretion. If for any reason Animation Flourish is unable to process Your payment or receives a notification of a chargeback, reversal, payment dispute, or is charged a penalty in processing Your payment, You authorize Animation Flourish to pursue all available legal remedies in order to obtain payment, including but not limited to, charging “administrative fees” or “enrollment fees” for Your non-compliance with this Agreement (as determined by Animation Flourish in its sole and absolute discretion). Typical administrative fees or enrollment fees include the loss of Program fees from other Students and/or legal fees associated with the collection of Your program fee.
In the event that Your transaction is processed in any currency other than U.S. Dollars, You may be charged additional rate conversion fees. In addition, due to time differences between the time You checkout and the time the transaction is posted or submitted to Your bank, the amount that You are actually charged may be higher than the actual tuition fees posted on our website. We do not issue refunds for the difference in posted fees caused by fluctuating currency exchange rates. You agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). Regardless of the currency, You agree to be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”) or other localized fees and/or taxes based on Your bank or country.
7. No Guarantees
Animation Flourish LLC does not guarantee the specific identity of the tutor to be the same as indicated in the course description and reserves the right to substitute the tutor for another tutor as it deems necessary. Animation Flourish LLC reserves the right to cancel and/or change the dates of a given program session at any time within 180 days of the original start date of the program. Animation Flourish LLC does not guarantee that the 4-week program will be 4 consecutive weeks. Animation Flourish LLC is not an educational institute and does not issue certificates or licenses certifying that a Student has acquired a certain level of expertise or knowledge. Animation Flourish does not guarantee that successful completion of their program guarantees employment or promotion at any place of employment. Animation Flourish and its officers, directors, employees, and agents make no representations or warranties about the accuracy, completeness, or content of any of the Programs, nor the expertise, knowledge or accuracy of information disseminated by any of its tutors and Animation Flourish assumes no liability or responsibility for the same.
Furthermore, Student’s use of our Site is “as is” and “as available,” and at Student’s sole risk. Neither Animation Flourish nor any of its past, current, or future affiliates, nor any of their respective past, current, or future equity holders, directors, officers, licensors, agents, employees, consultants or representatives shall have any liability, obligation, or responsibility to You or any other person for any loss, damage, cost, expense, liability, or other adverse consequence alleged to have happened or which has happened, directly or indirectly, through Your use of the Site. Animation Flourish further does not make any guarantee of the accuracy, correctness, usefulness, or completeness of, and is not liable for losses or damages alleged to arise from or arising from, any use of the Site, and Animation Flourish is not responsible for any errors or omissions alleged to arise from or arising from the use of the Site. Specifically, Animation Flourish disclaims (i) any implied warranties of title, non-infringement, merchantability, and fitness for any particular purpose regarding the Site, and (ii) all warranties not expressly made in these terms. Further, under no circumstances shall Animation Flourish be liable in any way for any loss or damage alleged to arise or arising out of Your use of the Site, or Your interaction with any third-party Site, whether linked to from the Site or otherwise, including Your use of any content, including any errors or omissions in any content, or any offensive, indecent, defamatory or otherwise objectionable nature of any content.
8. Limitation of Liability
In no event shall Animation Flourish, its officers, directors, employees, and agents be liable to You or any other person for any direct, indirect, incidental, special, punitive, or consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of our website, as well as any that may result from I) the accuracy, completeness, or information contained in our educational materials, programs, II) the accuracy, expertise, knowledge or completeness of information disseminated by any of its tutors, III) any personal injury or property damage, IV) any third party conduct whatsoever, or V) any other damage resulting from Your attendance or participation in any of our programs, including but not limited to the actions or conduct of tutors, and other Students attending our programs. In any event, You specifically acknowledge and agree that any cause of action arising out of or related to our program must be commenced within one (1) year of the date of the last class You attended in any of Your programs, otherwise such cause of action shall be permanently barred. In addition, You specifically acknowledge and agree that in no event shall Animation Flourish’s total aggregate liability exceed the total amount paid by You for the program, materials or products offered by Animation Flourish that are the subject of the cause of action. The foregoing limitation shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this Agreement or Your use of any information or materials from Animation Flourish’s programs. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for special, incidental, indirect, or consequential damages. accordingly, some of the above limitations (under the “disclaimer of warranties” and “limitation of warranties” sections) may not apply to You.
You agree to protect, defend, indemnify and hold harmless Animation Flourish and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorneys’ fees) imposed upon or incurred by Animation Flourish directly or indirectly from Your attendance and/or use of information or materials from Animation Flourish’s programs, classes, tutors, or Site. The indemnification obligations under this section shall survive the termination or expiration of this Agreement or Your use of any information or materials from Animation Flourish’s programs.
Animation Flourish views the protection of Your privacy as an important responsibility. The terms regulating the handling of personal information and other information provided by You in connection with the Site is described in our Privacy Statement, which is incorporated by reference and can be found at www.animfocus.com/privacy. By using the Site, You consent to the collection and use of Your personal information by us as described in the Privacy Statement.
11. Intellectual Property
A. Submitting Videos/Showreels onto our Website
Animation Flourish LLC owns the copyright to any and all materials that are available to Students on its website, dispersed via email, fax or mail, or any other educational material that is made available to Students. Reproduction, dissemination, and/or use of such materials without the written express consent of Animation Flourish LLC may constitute a violation of US and International Copyright laws and subject to penalties, attorneys fees and damages.
Aside from the applicant videos/showreels submitted on Our Website, the Website contains various Content that is protected by the copyright laws of the United States and other jurisdictions. As between You and Animation Flourish, Animation Flourish owns all rights, title, and interest (including all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Animation Flourish (including all Content appearing therein), and You have no rights in and to the Website other than as expressly set forth in this Agreement. Except for information that is in the public domain or for which You have been given express written permission by Animation Flourish, no Content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon, or otherwise used for any public or commercial purpose without the prior written consent of Animation Flourish or, where applicable, our licensors. However, You may print copies of materials on the website for Your personal, noncommercial use only, provided that (a) You must keep intact all copyright, trademark, and other proprietary notices appearing therein and (b) You use such materials solely in the manner permitted by this Agreement and not in any manner that competes with us.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Animation Flourish at firstname.lastname@example.org or 8605 Santa Monica Blvd #63875, West Hollywood, California 90069-4109.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our website, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated agent that includes the information below.
To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from You, under penalty of perjury, that You have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a federal district court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which we may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our trademarks, names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Sites and which indicate a source of goods or services (collectively, the “Trademarks”) belong exclusively to Animation Flourish or to our licensors, sponsors, suppliers or other third-parties, as indicated. Trademarks are protected by the trademark laws of the United States and other applicable jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademark in any way, including distributing Content for advertising, publicity, or otherwise, without our prior written consent or the consent of such third-party Trademark holder, as applicable.
D. Removal of Notices
You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) that may be affixed to or contained within any Content, and You shall abide by all such notices.
12. Students Rights, Obligations, Covenants, Representations & Warranties
These rights, obligations, covenants, representations, warranties apply to any Student applying to and/or accepted into any program provided by Animation Flourish, LLC.
12.1 Any artwork produced by You during any program provided by Animation Flourish, LLC remains his/her property; provided, however, You agree to allow Animation Flourish to use Your artwork in Animation Flourish’s promotional materials at no charge.
12.2 Animation Flourish, LLC is not liable for Students using copyrighted material for their artwork produced at any program provided by Animation Flourish, LLC.
12.3 Students covenant that he/she will not distribute any material owned by Animation Flourish, LLC such as character rigs, syllabi, work assignments, or any material provided by and/or received from Animation Flourish, LLC. Violation of this (paragraph 12.3) will result in immediate termination of the Student's participation in the program. No refund shall be given to the Student in case of termination.
12.4. Students understand and acknowledge that certain of Animation Flourish’s Animation Professionals, tutors, employees, executives may be affiliated with Pixar Animation Studios (“Pixar”). As such, Students represent and warrant that he/she is not currently working for any company that is in direct competition to Pixar. Additionally, as a condition to being accepted into the Animation Flourish program, Students specifically agrees to the following terms (the “Release”):
By submitting my application, and any accompanying material (“Material”), to the Tutoring Program I agree that I am submitting my application and accompanying Material in order to receive feedback on creative elements for academic and/or educational purposes, and not for consideration of the Material by Pixar or any Pixar employee as a potential Pixar project or with any expectation of payment or remuneration of any kind to me by Pixar or any Pixar employee. I understand that, to protect Pixar’s creative development process, Pixar would not permit any of its employees to review the Material unless I agree to these release terms. I understand and acknowledge Pixar will permit its employees to review and provide feedback on the Material solely and completely in reliance upon my acceptance of each and every provision of this release.
I represent and warrant that the Material is original to me and does not violate any copyright or violate any rights of any other party.
I acknowledge that Pixar may be developing materials that are similar or identical to the Material submitted by me and that Pixar will have no obligation of any kind to me concerning those materials if Pixar has created, developed or acquired them independently without reference to the Material. I further agree that Pixar shall have the same rights as any member of the general public to any public domain materials contained in the Material.
I have retained at least one copy of the Material, and I hereby release Pixar of all liability for loss or destruction of, or damage to, the Material.
I will not assert against Pixar, its affiliates, subsidiaries, licensees, assigns, officers, agents or employees any claim based on plagiarism, infringement, confidential relationship, implied contract, unfair competition or otherwise arising out of any alleged use of the Material.
Notwithstanding the foregoing, I agree to submit any dispute concerning this release or Pixar’s use of the Material to binding arbitration in the City and County of San Francisco, California in accordance with the commercial arbitration rules of the American Arbitration Association.
I agree that any arbitration award favorable to me shall be limited to a monetary amount that does not exceed the fair market value, as of the date of this release, of the protected portion of the Material that is the subject of the award.
I acknowledge and agree that I shall in no event have any right to seek injunctive relief to restrict the development or distribution of any Pixar production. I agree that this release is freely assignable by Pixar.
I ACKNOWLEDGE AND AGREE THAT I UNDERSTOOD THE TERMS OF THE ABOVE RELEASE AND THAT THE RELEASE CONTAINS THE COMPLETE UNDERSTANDING CONCERNING PIXAR’S LIABILITY IN CONNECTION WITH THE MATERIAL SUBMITTED BY ME TO ANIMATION FLOURISH.
13. Third Party Content
You acknowledge that Animation Flourish, LLC does not pre-screen third party materials, including but not limited to assignments and uploads from other Students. Animation Flourish, LLC is not the publisher or speaker of any information on the Site that is provided by third party content providers, and Animation Flourish, LLC 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 Animation Flourish, LLC. Animation Flourish, LLC assumes no responsibility for those products or services.
Animation Flourish, LLC may contain links and references to other third-party websites and materials. Animation Flourish, LLC does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Animation Flourish, LLC does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. Animation Flourish, LLC reserves the right to terminate any link or remove any reference found on the Site at any time.
Animation Flourish, LLC 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, ANIMATION FLOURISH, LLC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
14. Usage Restrictions
You shall not use the Site or engage in any activities, as an applicant or enrolled Student in any of Animation Flourish, LLC’s Programs, either personally or through an agent, in any manner that:
is designed to interrupt, destroy, or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
links to materials or other content, directly or indirectly, to which You do not have a right to link;
is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Animation Flourish in its sole discretion;
copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
violates, or encourages anyone to violate this Agreement, any ancillary terms and conditions listed on the Site, or the Privacy Statement; or
violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order; or
Animation Flourish, LLC determines is detrimental to the use and enjoyment of the Site
In order to ensure that Users of the Site do not engage in Prohibited Conduct, Animation Flourish, LLC reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available beyond that of normal patterns of use that suggests systematic copying of the materials may constitute abuse and may result in revocation or denial of access to the Site. The terms "normal patterns" and "abuse" shall be determined solely by Animation Flourish, LLC. 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.
Given the nature of the Internet, even though the website 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 website, 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 Animation Flourish) to make sure that Your use of the website 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 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.
16. No Endorsement
Animation Flourish is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. The owners of any third-party Trademark or copyright appearing on the Site are not sponsors of Animation Flourish or the Site and have not endorsed and are not affiliated with Animation Flourish or the Site, and Animation Flourish is not a sponsor and does not endorse any such third-parties.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and Animation Flourish, LLC by this Agreement.
All notices hereunder, shall be given by certified mail, postage prepared and return receipt requested to: Animation Flourish LLC, 8605 Santa Monica Blvd #63875, West Hollywood, California 90069-4109 and to You at the address we have on file for you, where available. Notice shall be deemed given three (3) business days after date of such mailing.
You shall not resell or assign Your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. These Terms may be automatically assigned by Animation Flourish, in our sole discretion, to a third-party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets, including Your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from You may be one of the assets transferred.
20. No Waiver
Our failure to act with respect to a breach by You or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Animation Flourish does not exercise or enforce any legal right or remedy contained in this Agreement (or which Animation Flourish has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Animation Flourish’s rights, and all such rights or remedies shall still be available to Animation Flourish.
21. Jurisdiction and Venue
The enforceability of these Terms and Conditions shall be governed by the laws of the State of California and any disputes shall be resolved by American Arbitration Association. The prevailing party shall be awarded costs and attorneys fees associated with the enforceability of these Terms and Conditions.
If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. These Terms and any ancillary terms and conditions referenced herein or included in the Sites set forth the entire understanding and agreement between us with respect to the subject