ACME Animation

Terms and Conditions of Participation

Please read these terms of participation carefully before participating in the ACME Animation Online program (The “Program” also referred to herein as the “Services”) or using the ACME Website (The ”Site”).  Individuals participating in the ACME Program must be 14 years of age or older.   Middle school students who are younger than 14 years of age may participate in ACME Animation only if they are part of a classroom officially registered on ACME, and their teacher has secured their parent’s permission to participate.

CONTINUED ACCEPTANCE OF TERMS THROUGH USE

ACME Animation Online is a project of The ACME Network, a nonprofit organization.  By participating in the Program or by using the Site, you signify your agreement to all terms, conditions and notices contained or referenced herein as well as our Privacy Policy.  If you do not agree to our Terms of Participation, you will not be permitted to participate in the Program or access the Site.

MODIFICATION

Please check our Terms of Participation and Privacy Policy periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Participation and/or Privacy Policy constitutes acceptance of those changes. We specifically reserve the right to: “Change the terms of this agreement;” Change the Site or the Services, including eliminating or discontinuing any content on or feature of the Site;” or “Impose or change any fees or charges for use of the Site or Services.”  Any changes made will be effective immediately on notice, which we may either give by posting the revised Agreement on the Site or via electronic mail.

LAWS AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

CODES OF CONDUCT

You agree to abide by ACME Animation’s Codes of Conduct.  While using the Site or Services, you agree not to: " Use the Site or Services for unlawful purposes; " Restrict or inhibit any other visitor or participant from using the Site or Services; " Transmit any content or information that is unlawful, fraudulent, bigoted, hateful, mean spirited, ethnically or racially offensive, threatening, abusive, libelous, defamatory, pornographic, or otherwise objectionable; " Transmit any content which violates any third party rights (including, without limitation, any rights to privacy); " Transmit any copyrighted material, including without limitation, texts, photographs, sound, video and music, without the express permission of the author or owner of the copyright; " Transmit any information, software, or other material that contains a virus, worm or other harmful disruptive component; " Modify, adapt, sublicense, sell, reverse engineer, decompile or disassemble any portion of the Site, Services, or the software underlying either or them, or modify any materials downloaded from this Site; " Modify, copy, or tamper with any work posted or any other content that you may access through the Site; " Use any artwork, personal films or any other content that you may access through the Site for any reason other than reviewing; " Harvest, collect, or disclose information about the other Site participants or visitors without their express consent and the consent of The ACME Network" Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure of the presentation of the Site, the Services or their contents, unless otherwise expressly permitted in writing by The ACME Network; or " Use a tone other than respectful when communicating with professionals and others online. Content posted which violates the above Rules of Conduct or that we believe in our sole and absolute discretion should not be posted will be removed from the Site upon discovery. Depending on the nature and extent of the violation, we may, at our sole discretion, terminate your participation in the Program, hold you personally accountable for any liability resulting from such posting and/or prohibit you from accessing the Site in the future.

ANIMATION AND ART CONTENT

ACME ANIMATION ONLINE introduces the student to a broad array of art. As art is broadly defined and covers all aspects of real life and the imagination, some students may be exposed to artwork which they or their parent may consider inappropriate or offensive. While we reserve the right to restrict or remove any submissions of artwork which in our opinion violate our Codes of Conduct, our interpretation of what is appropriate may be different from that of our students and/or their parents. Thus, by accepting these Terms of Participation, you acknowledge and consent to these inherent risks on behalf of yourself (and your child if your child is participating as a student in this program).

PROPRIETARY RIGHTS

The names The ACME Network and ACME Animation Online, and any related logos or service marks ("Marks") displayed on this Site are the property of The ACME Network.  You are prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of The ACME Network.  You acknowledge and agree that all texts, data, postings, submissions and other content available on the Site or through the Program (the "Program Content") are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by The ACME Network and except with respect to any original submissions authored by you, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or Program Content made available through the Program or the Site. Notwithstanding the above, as an active participant in the Program you may print or download one copy of the Program Content on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices and do not disclose any of such Program Content to third parties outside the Program. Systematic retrieval of data or other Program Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The ACME Network is strictly prohibited. In general, use of the Program Content for any purpose not expressly permitted in these Terms of Participation is prohibited. You acknowledge that you do not acquire any ownership rights in any of the Program Content by using the Site. You may own the medium on which any permissible downloaded Program Content is recorded, but (as between you and us) The ACME Network retains all right, title, and interest in and to such downloaded Program Content, and all intellectual property rights therein.

ACCESS AND PASSWORDS

Users of this Site who are participating in the Program will be granted a password to access the Services. Access is limited to the registered users only and passwords may not be shared with non-registered participants. You are responsible for the security and safekeeping of your password. If unauthorized individuals are found attempting to access the Services with your password you may be held liable for their actions. In addition, we may terminate your participation in the Program and bar you from future access to the Site.

SUBMISSION OF WORK

By posting or submitting content, including, without limitation, any text, animation, videos, commentary, bulletin board posting, chat room message, or similar message (each a "Submission") to this site or directly to The ACME Network, you: 1. grant The ACME Network the perpetual, irrevocable, royalty-free right to use, reproduce, display, perform, adapt, distribute, have distributed, transmit, market and promote the Submission in any form and in any and all media now known or hereinafter invented, anywhere for the sole purpose of providing the Services and/or any marketing and/or promotion thereof; and 2. warrant and represent that you own and otherwise control all of the rights to the Submission and the display, distribution and use of your Content by The ACME Network will not infringe or violate the rights of any third party.

UNSOLICITED SUBMISSIONS

You shall not post, send or bring to our attention any creative materials of any kind, apart from your Submissions. Any unsolicited submissions include stories or character ideas, screenplays, songs, or original artwork (collectively, "Unsolicited Submissions"). This policy regarding Unsolicited Submissions is to avoid the possibility of future misunderstandings when projects developed independently might seem to others to be similar to their own creative work. If you send us any Unsolicited Submissions despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by anyone (including The ACME Network) of such Unsolicited Submissions or any portion thereof. None of the Unsolicited Submissions shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Further, by sending us Unsolicited Submissions you release, waive any claims with regard to, and hold harmless The ACME Network (and its business partners, affiliates, sponsors, officers, directors, agents, employees) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Unsolicited Submissions in any media now known or hereafter developed, for any purpose whatsoever.

LIMITATION OF LIABILITY AND WARRANTY

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  OUR SITE, THE PROGRAM AND THE SERVICES PROVIDED THEREIN ARE PROVIDED “AS IS,” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS, PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE INCLUDING WITHOUT LIMITATION OUR CONTENT, SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION).  SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:  1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES: AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 

The ACME Network does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the site or the program by any instructor, or other party or any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site.  Furthermore, The ACME Network does not promise that use of the Site and/or participation in the program will guarantee the participant with a job with The ACME Network, its partners, its affiliates or any third party.  Nor do we guarantee you continued participation on the Site.  The ACME Network’s entire liability and your sole and exclusive remedy for any dispute with us is the return of any registered fees paid by you directly to The ACME Network, if any, and the cancellation of your registration with us and your participation in the program.  Neither The ACME Network nor any of its affiliates, employees, contractors, officers, directors, and/or content providers shall be liable for any direct, indirect, incidental, lost profits, special or consequential damages arising out of use of the Service or inability to gain access to or use the Service out of any breach of any warranty.  You hereby acknowledge that the provisions of this section shall apply to all content and services on the Site.  This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous or behavior, negligence, or under any other cause of action.  You specifically acknowledge that The ACME Network and its employees, agents, affiliates, content providers or assigns are not liable for the defamatory, offensive or illegal conduct of other third-parties and that the risk of injury from the foregoing rests entirely with you.  

INDEMNIFICATION

You agree to defend, indemnify and hold The ACME Network and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including the Codes of Conduct or any information, software, files, messages, or other content or Submissions placed on the Site by you or at your direction. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.

INTERNATIONAL USE

The ACME Network makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and access to this Site from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations, you must do so on your own initiative and are responsible for compliance with local laws.

NOTICE

We may give notice to you by means of a general notice on the Site, via electronic mail to your email address on record or by written communication sent by first class mail to the address you provide us. You may give notice to us-such notice shall be deemed given when received by us at any time by any of the following: 1. Electronic mail to info@theacmenetwork.org   2. Letter delivered by first class postage prepaid mail to The ACME Network at the following address: The ACME Network:  1201 East 5th Street, Suite T-200 Los Angeles, CA 90017

TERMINATION

You may terminate your right to use our Site and participation in the Program at any time by notification to us as set forth above. We may terminate your account or access rights to the Site or Program at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site. Termination by either party, for any reason, shall have no effect on the enforceability of any indemnity, disclaimer of warranty or limitation of liability made pursuant to these Terms of Participation.

REFUNDS/CANCELLATION

Annual membership for both individual and classroom memberships is non-refundable.