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Cilantro Animation Studios
1200 North Federal Highway
Suite 200
Boca Raton, Florida 33432
United States
Phone/Fax (866)741-6075
TERMS OF USE POLICY
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and Cilantro Animation Studios, LLC. By accessing and using the
http://www.CilantroAnimation.com web site or any other web sites owned by Cilantro Animation Studios, LLC. User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
Cilantro Animation Studios, LLC reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
PRIVACY
Cilantro Animation Studios, LLC collects information about the Users of its web sites. Collection of this information is governed by the Cilantro Animation Studios, LLC Online Privacy Policy, which may be accessed at http://www.CilantroAnimation.com
USER CONDUCT
Users agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of Cilantro Animation Studios, LLC, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Cilantro Animation Studios, LLC’s prior written permission. The use of Cilantro Animation Studios, LLC’s Marks on any other web site is strictly prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by Cilantro Animation Studios, LLC except where explicitly noted otherwise. User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without Cilantro Animation Studios, LLC’s prior, written consent.
LINKS TO THIRD PARTY SITES
The Cilantro Animation Studios, LLC web site may contain links to third party web sites, which are not under the control of Cilantro Animation Studios, LLC. Cilantro Animation Studios, LLC makes no representations whatsoever about any other web site to which you may have access through the Cilantro Animation Studios, LLC web site. When you access a third party web site, you do so at your own risk and acknowledge that Cilantro Animation Studios, LLC is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Cilantro Animation Studios, LLC shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the Cilantro Animation Studios, LLC web site is for informational purposes only and does not constitute an endorsement or recommendation.
SOFTWARE DOWNLOADS
Any software that is made available to download ("Software") from this web site is the proprietary and copyrighted work of Cilantro Animation Studios, LLC and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software ("License Agreement"). An end user's license to use any Software is conditioned upon Cilantro Animation Studios, LLC's acceptance of the end user's purchase order and the end user's review and agreement to, and compliance with, the License Agreement terms. Cilantro Animation Studios, LLC reserves the right to reject any purchase order or license for any reason in Cilantro Animation Studios, LLC's sole discretion.
Cilantro Animation Studios, LLC and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. Cilantro Animation Studios, LLC may cease offering the Software for download or discontinue this web site at any time without notice. Cilantro Animation Studios, LLC assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT CILANTRO ANIMATION STUDIOS, LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF CILANTRO ANIMATION STUDIOS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Cilantro Animation Studios, LLC makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Cilantro Animation Studios, LLC make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, CILANTRO ANIMATION STUDIOS, LLC PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CILANTRO ANIMATION STUDIOS, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF CILANTRO ANIMATION STUDIOS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees, at User’s expense, to indemnify, defend and hold harmless Cilantro Animation Studios, LLC, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and Cilantro Animation Studios, LLC shall be governed by and construed in accordance with the laws of the State of
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
PASSWORDS AND SECURITY
You may choose or be given a user name and password to use in connection with the Sites. With respect to any such user name that You choose, Cilantro Animation Studios, LLC may refuse to grant You, and You may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You agree that You will not share your user name or password with any other person, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, You are solely responsible for any and all activities that occur under your account, and hereby authorize Cilantro Animation Studios, LLC to assume that any activity conducted on a Site using your user name and password was conducted by You. You shall immediately notify Cilantro Animation Studios, LLC in writing webmaster@CilantroAnimation.com of any unauthorized use of any account or any other breach of security. Cilantro Animation Studios, LLC reserves the right to monitor your account and shall have the right at any time, with or without prior notice to You, to require You to change your user name or password for any or no reason.
User Postings
Cilantro Animation Studios, LLC and/or our third party service provider(s) may make available through the Sites services (for example, message boards, chat functionality and blogs, among other services) to which, subject to Section 5.0 below, You are able to post information and materials. For any permitted information and/or materials You submit through such services, or otherwise to a Site (each, a “Posting”), You grant to Cilantro Animation Studios, LLC and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and digitally perform such Posting, in any media now known or hereafter developed, for Cilantro Animation Studios, LLC’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this section, and that such Posting, and your provision thereof to and through a Site, comply with all applicable laws, rules and regulations. No User Posting shall be subject to any obligation of confidentiality of Cilantro Animation Studios, LLC and Cilantro Animation Studios, LLC shall not be liable for use or disclosure of any User Posting.
You acknowledge and agree that: (a) Cilantro Animation Studios, LLC reserves the right (but have no obligation) to evaluate each Posting before allowing it to be posted on a Site; and (b) We may do one or all of the following, at our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) disclose any Postings, and the circumstances surrounding their transmission, to any third party in order to operate the Sites; to protect Cilantro Animation Studios, LLC its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, and the Sites’ users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Information on the Sites may be provided both by Cilantro Animation Studios, LLC and by third party visitors to the Sites. Please note that Site visitors may post messages or make statements on the Sites that are inaccurate, misleading or deceptive. Cilantro Animation Studios, LLC neither endorses nor is responsible for any opinion, advice, information or statements made on the Sites by third parties. Without limitation, Cilantro Animation Studios, LLC is not responsible for any information or materials made available through any Site (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will Cilantro Animation Studios, LLC its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, be liable to You or any third party claiming through you for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Sites reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Cilantro Animation Studios, LLC.
In addition, Cilantro Animation Studios, LLC has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Sites. If you choose to make any of your personally identifiable or other information publicly available ON THE SITE, you do so at your own risk.
Unsolicited Submissions
Cilantro Animation Studios, LLC does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Cilantro Animation Studios, LLC assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to Cilantro Animation Studios, LLC in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to Cilantro Animation Studios, LLC (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall be subject Cilantro Animation Studios, LLC to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Cilantro Animation Studios, LLC shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission.
You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release Cilantro Animation Studios, LLC and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors, licensees, distributors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with the Unsolicited Submission and/or Cilantro Animation Studios, LLC’ use or disclosure of the Unsolicited Submission.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
