Terms of Use (AnimateMyPhoto.com)
Last revised March 15, 2008

Introduction

Please read these terms of use ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the graphic animation services provided to you by Animate My Photo Inc. The services offered by Animate My Photo Inc. (the "Company", "We" or "Us"), include the Company website (the "Animate my photo Website", or the "Site"), and any other features, content, applications offered from time to time by the Company in connection with the Site (collectively, the "Service"). The Service is hosted in the United States of America.
These Terms sets forth the legally binding terms for your use of the Service. By using the Service you agree to be bound to both these Terms and the terms and conditions of the Company's privacy notice (the "Private Policy"), which are published at http://www.animatemyphoto.com/privacystatement.cfm, and, to the extent applicable the Company's Children's privacy notice (the "Children's Privacy Policy" and together with the Privacy Policy, collectively referred to as the "Privacy Policies") which are published at http://www.animatemyphoto.com/childprivacy.cfm, and both of which are incorporated herein by reference. You are only authorized to use the Service, regardless of whether your access or use is intended, if you agree to abide by all applicable laws and to the Terms, and Private Policies. Please read these Terms and Private Policies carefully and save them. If you do not agree with them, you should leave the Animate My Photo Website and discontinue use of the Service immediately.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modification shall become effective immediately upon the posting thereof. Please review the Terms periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
The Animate my photo Website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. If you decide to access linked websites you do so at your own risk. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly we encourage you to be aware when you leave the Animate my photo Website and to read the terms and conditions and privacy policy of each other website that you visit.

Operator

The Service and the Site are operated by Animate My Photo Inc., a company incorporated under the laws of the State of Florida whose principal mailing address is 1835 East Hallandale Beach Blvd. # 208
Hallandale, Fl 33009 USA

Purpose of the Service

The Company elaborates and sells special effects animations (the "Product") using drawings or photographs provided by children's parents or legal guardians or adults (the "User" or "Users"). The company edits the Product using sole discretions, independent judgment, creativity and computer equipment.

Availability

The Company uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of the Company. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of the Company. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy

We have a firm commitment to safeguarding your privacy and children's privacy. Please review the Company's Privacy Policies.

Conduct

You agree not to use the Service and the Site:

• for any unlawful purposes;
• to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
• to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to the Company;
• to harm minors in any way, including, but not limited to, submit content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• to attempt to upload images by any method to another user's account without permission;
• to upload, post, email or otherwise transmit any material which is likely to cause harm to the Company or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
• to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
• to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

You further agree that you shall not:

• interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site; or
• provide any information to the Company that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
• resell the Service or any portion of the Service.

Registration

In order to access some features of the Website, you will have to register and create an account. You may never use another's account without permission. You agree that the information that you provide to the Company on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify the Company immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Storage Policy

The Company and the Site provide free online storage for the Products purchased in the Site to its visitors for a period of 15 days from the date you first upload an image to your account. The Company reserves the right to remove any drawings arbitrarily at any time after they have been uploaded. We may change this policy at any time without notice to you.

Formation of a Binding Contract

No contract will exist between you and the Company for the supply of any services of products unless and until the Company accepts your order by a confirmatory e-mail, or other appropriate means of communication.

Pricing and Product Information

All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, the Company will contact you to let you know the correct price and ask you whether you still wish the Company to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

Refunds

Once an order is placed, we begin work on animating your drawing or photograph. We use our own creativity and ideas in creating the Product.
No refund or exchange once an order has been placed except as set forth in next section entitled "Right for Returning Damaged Orders."

Right for Returning Damaged Orders

If you have decided for a mail delivery of your Product and it has arrived damaged, please send an email to our online customer service at customerservice@animatemyphoto.com. The Company will let you know whether you need to return the item to us. If you do need to make a return, complete the personalized return form and return your order within 30 days of receipt, in the original packaging (if possible). The Company will send you a second copy of the order.

Proprietary Rights in Content

The Company does not claim any ownership rights in the drawings, text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Site. After uploading your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or uploading ("posting") any Content on or through the Site, you hereby grant to the Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service for any lawful purposes included, but not limited to, the use as educational material whether or not the Company is deriving financial gain from such purposes.
Without this license, the Company would be unable to provide the Service. For example, without the right to modify the Content, the Company would not be able to digitally compress files that users submit or otherwise format Content to satisfy technical requirements. The license you grant to the Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Company), fully-paid and royalty-free (meaning that the Company is not required to pay you for the use on the Site of the Content that you post), sub licensable (so that the Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Site are global in reach). The license does not grant the Company the right to sell your Content, nor does the license grant the Company the right to distribute your Content outside of the Site.

Responsibility for Your Content

You are responsible for all of the Content you upload, draw or copy using the Service. You must either own all right, title and interest in and to the copyrights in the Content or have express permission from the copyright owner to copy and use such Content for all purposes related to the Service, and the Content may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. The Company may delete any Content that in its sole judgment violates the Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

Monitoring of Content

The Company does not control the Content of users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all Content and material you provide to the Service and to the Company. The Company does not endorse the Content and the Content does not necessarily reflect the opinions or policies of the Company.

Suspension and Termination of Access and Membership

You agree that the Company may at any time without notice:

• refuse to accept your registration;
• move, change, or suspend any part of the Service; or
• refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in the Company's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

Orders Via the Site and Reporting

The Company will process Product orders placed by customers from the Animate my photo Website. The Company reserves the right to reject orders that do not comply with any of our requirements. Order and shipping confirmation emails will be sent to these customers. The Company will be responsible for all aspects of order processing and fulfillment. Among other things, Company will prepare order forms, process payments and handle customer service.

Trademarks

All characters, characters' names, brands, products and services name used in the Service which identify the Company, or third parties and their products and services are proprietary marks of the Company and/or the relevant third parties. Nothing in the Service shall be deemed to confer on any person any license or right on the part of the Company or any third party with respect to any such image, logo or name.

Copyright

The Company is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including, but not limited to, photocopying or storing it in any medium by electronic means).

Reporting Violations of Your Copyrights

If you are a copyright owner or an agent thereof and believe that your work or your principal's work have been violated through the Service, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(2) (the Digital Millennium Copyright Act ("DMCA")) by providing our Copyright Agent with the following information in writing:

• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's designated Copyright Agent to receive notifications of claimed infringement is: Designated Agent 1835 East Hallandale Beach Blvd. # 208 Hallandale, Fl 33009 USA, email: copyrights@animatemyphoto.com
We may give notice of a claim of copyright infringement of our users by means of a general notice on the Site, electronic mail to a User's e-mail address in our records, or by written communication sent by first-class mail to a User's address in our records.

Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTION PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OF COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSIONS OF ANY DIGITAL CONTENT, DRAWING OR IMAGE TO THE SITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT, DRAWING, OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF THE SHIPMENT OF A DEFECTIVE PRODUCT BY THE COMPANY, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VI) ERRORS OR OMISSIONS IN ANY CONTENT OF 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 THE SITE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE MAY NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE COMPANY'S SITE OR MAKING ANY PURCHASE FROM OR PLACING ANY ORDER ON THE COMPANY'S SITE.
The Site is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Animate my photo Website is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

Applicable Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnity

You hereby agree to indemnify, defend, and hold the Company and our affiliates and their respective officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (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 actions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of the Site.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Ability to Accept the Terms

You affirm that you are either 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 the Terms, and to abide by and comply with the Terms. If you are under 18 years of age, you must use Animate my photo's Website with an adult's consent/supervision.