Effective Date: July 11, 2017
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against us on an individual basis.
ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
I. This Agreement
Please read this Agreement carefully before accessing the Sites. In order to use the Sites, you must first agree to be bound by this Agreement. By accessing the Sites, you indicate that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Sites. Furthermore, you are not authorized to use the Sites if (i) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with WIA, or (ii) you are a person barred from using the Sites either (a) under the laws of the country in which you reside or from which you are attempting to access the Sites, or (b) due to prior violations of this Agreement.
We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Sites after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Effective Date” at the beginning of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Sites. A current version of this Agreement is accessible through the footer of the Sites’ homepage.
WIA 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 Sites is described in our Privacy Statement, which is incorporated by reference and can be found at www.womeninanimation.org/privacy. By using the Sites, you consent to the collection and use of your personal information by us as described in the Privacy Statement.
III. Intellectual Property
A. Video Posted on the Members-Only Portals
Aside from the videos posted on the membership portal, the Sites contain various Content that is protected by the copyright laws of the United States and other jurisdictions. As between you and WIA, WIA owns all rights, title, and interest (including all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the WIA (including all Content appearing therein), and you have no rights in and to the Sites 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 WIA, 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 WIA or, where applicable, our licensors. However, you may print copies of materials on the Sites 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.
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 WIA 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.
IV. 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 WIA at firstname.lastname@example.org or Women in Animation c/o Perry, Neidorf & Grassl, LLP, Attn: Marine Hekimian, 11400 W. Olympic Blvd #590, Los Angeles, CA 90064 .
- 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 Sites, 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.
V. Accuracy of Posts on WIA Forum and Job Board
A. Profile; Password
You may only be able to use certain functionality of the Sites if you register with us. If you decide to register with us, you will provide an email address and select a password (“Profile”) to access your account. You shall not allow any third-party to use your Profile to access the Sites and you shall strictly safeguard all information that would enable any individual or entity to access the Sites by using your Profile. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites via your Profile, and for all activities that occur under your Profile. You may not sell or otherwise transfer your Profile or account or any portion thereof. You shall notify WIA immediately of any unauthorized use of your Profile or account or any other unauthorized use of the Sites.
B. Accurate Information
You shall provide us with accurate, complete and current information about yourself during registration and at all other times, and you shall update all information provided to us or requested by us if and as soon as such information changes.
C. Suspension or Cancellation of Account
We have the right to suspend or cancel your registration if we believe you have violated this Agreement. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details, and/or any files or other various materials that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you.
D. Cessation of Services
The form and nature of the products or services offered through the Sites may change from time to time without prior notice to you. As part of our continuing innovation, WIA may stop (permanently or temporarily) providing certain features of the Sites to you in our sole discretion, without prior notice to you.
VII. Usage Restrictions
- You shall not use the Sites 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 Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites 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 WIA 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 Sites or any portion thereof;
- violates, or encourages anyone to violate this Agreement, any ancillary terms and conditions listed on the Sites, or the Privacy Statement; or
- violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.
VIII. User Submissions
WIA may allow users to submit comments, feedback, submissions, suggestions, questions, reviews, videos, forum and job board posts, and other content through the Sites (collectively, “Submissions”). Unless otherwise expressly stated in our Privacy Statement or this Agreement, we shall have no obligation to keep Submissions confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. By making a Submission, you automatically grant, or warrant that the owner of the Submission has expressly granted, WIA royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. WIA may sublicense its rights through multiple tiers of sublicenses. You should not submit any Submissions to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay any compensation for any Submissions; or (3) to respond to any Submissions. You grant the Company the right to use the name that you submit in connection with any Submissions. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
Without limiting the scope of this section or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
IX. Third-party Links & WIA Sites
The Sites may provide links to third-party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence, or business dealings with any third-party found on or through the Sites regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, which are solely between you and any such third-party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third-party. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory, or otherwise objectionable.
X. Linking to these WIA Sites & Framing
Creating or maintaining any link from another website to any page on the Sites without WIA’s prior written permission is prohibited. Running or displaying the Sites or any material displayed on the Sites in frames or through similar means on another website without WIA’s prior written permission is also prohibited. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.
XI. Disclaimer of Warranties
YOUR USE OF THE SITES IS “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. NEITHER WIA 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 (COLLECTIVELY, THE “WIA PARTIES”) 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 WIA SITES. WIA FURTHER DOES NOT MAKE ANY GUARANTY 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 WIA SITES, AND WIA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF THE SITES. SPECIFICALLY, WIA DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITES, AND (II) ALL WARRANTIES NOT EXPRESSLY MADE IN THESE TERMS. FURTHER, UNDER NO CIRCUMSTANCES SHALL WIA BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF YOUR USE OF THE SITES, OR YOUR INTERACTION WITH ANY THIRD-PARTY WEBSITE, WHETHER LINKED TO FROM THE SITES 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.
XII. Limitation of Liability
GENERALLY. IN NO EVENT SHALL WIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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 THE SITES OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WIA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, WIA’S LIABILITY SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO WIA FOR THE USE OF THE SITES.
WIA IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITES (WHETHER ONLINE OR OFFLINE), NOR IS WIA RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH.
JURISDICTIONAL LIMITATIONS. 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, BUT NOTE THAT THE LIMITATIONS IN THESE SECTIONS DO APPLY IN NEW JERSEY.
XIII. Representations and Warranties
You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement on your own and that this Agreement is enforceable against you in accordance with its terms and conditions (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, and (c) you accept and will abide by the terms of this Agreement (including the disclaimer of warranties and limitation of liabilities provisions set forth above), the Privacy Statement, and any other ancillary terms and conditions posted on the Sites.
XIV. No Endorsement
WIA 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 Sites are not sponsors of WIA or the Sites and have not endorsed and are not affiliated with WIA or the Sites, and WIA is not a sponsor and does not endorse any such third-parties.
XV. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and WIA by this Agreement.
All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Women in Animation c/o Perry, Neidorf & Grassl, LLP, Attn: Marine Hekimian, 11400 W. Olympic Blvd #590, Los Angeles, CA 90064, and to you at the address we have on file for you, where available. Notice shall be deemed given three (3) business days after the date of such mailing.
XVII. Governing Law; Jurisdiction; Agreement To Arbitrate
These Terms are governed by the laws of State of California , without resort to its conflict of laws principles. You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. You expressly agree that exclusive jurisdiction for any dispute with WIA, or in any way relating to Your use of the Sites, resides in the courts of California.
By using WIA Sites, you and WIA agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our Sites, or the breach, enforcement, interpretation, or validity of this Statement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to WIA at:
Women in Animation
c/o Perry, Neidorf & Grassl, LLP
Attn: Marine Hekimian
11400 W. Olympic Blvd #590
Los Angeles, CA 90064
(2) to you at: the contact information on file with WIA.
Both you and WIA agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDIAUL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules, before one arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply are the JAMS in effect at the time of the arbitration will take place.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Statement, including any claim that all or any part of this Statement is void or voidable.
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 WIA, 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.
XIX. 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 WIA does not exercise or enforce any legal right or remedy contained in this Agreement (or which WIA has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of WIA’s rights, and all such rights or remedies shall still be available to WIA.
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 matter hereof.
XXI. Contact Us
If you have any questions or concerns regarding the Sites, please contact us by e-mail at email@example.com, or write to us at:
Women in Animation
c/o Perry, Neidorf & Grassl, LLP
Attn: Marine Hekimian
11400 W. Olympic Blvd #590
Los Angeles, CA 90064