Animasher is part of the Creative Commons Community. Your animations will be licensed to the world under the Creative Commons Attribution License 3.0 (see section 5 below).

Please do not upload any material for which you do not have the right to share under this license. Please do not use this site if you are under the age of 13.

TERMS OF USE

1. Restrictions On Use

By using or visiting this website ("Animasher", the "Website" or the "Animasher Website") you signify your assent to these terms. If you do not agree with these terms, please do not use Animasher.

You must be over 18 years of age or, if you are over 13 but under 18, you must have parental consent to enter into these Terms of Use. If you are under 13, please do not use Animasher.

Please consult these Terms of Use periodically, so as to stay informed of the most up-to-date version. Animasher may, in its sole discretion, modify or revise these Terms of Use and policies as any time, and you agree to be bound by such modifications or revisions.

2. General Use of the Website

Animasher hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

You agree not to use the Website for any commercial use without the prior written authorization of Animasher.

Prohibited commercial uses do not include:

• uploading material of a commercial nature (of which you possess sufficient intellectual property rights) or creating an animation on Animasher to promote your business or artistic enterprise
• using the Animasher Player to show Animasher animations on an ad-enabled blog or website, provided the primary purpose of using the Animasher Player is not to gain advertising revenue
• any use that Animasher expressly authorizes in writing

If you use the Animasher Player on your website, you must include a prominent link back to the Animasher website on the pages containing the Animasher Player and you may not modify, build upon, or block any portion of the Animasher Player in any way.
In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.
Animasher reserves the right to discontinue any aspect of the Animasher Website at any time.

3. Proprietary Information

The material and content accessible on the Animasher website (the "Content") is the proprietary information of or licensed to Animasher. Animasher or the licensor retains all right, title, and interest in the Content. Material contributed by users is licensed under the Creative Commons Attribution License 3.0. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way unless under Creative Commons Attribution License 3.0 or with the prior written consent of Animasher. Modification or use of the Content except as expressly provided in these Terms of Use violates Animasher's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

4. Links

This site may contain links to other sites which are not maintained by, or related to, Animasher. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Animasher. Animasher has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user"s own risk, and Animasher makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by Animasher of that site.

5. Submissions

For clarity, you retain all of your ownership rights in your Submissions (content, pictures, graphics, music, sound recordings or videos). However, by submitting Submissions to Animasher, you hereby agree to license all your Submissions to the world under the Creative Commons Attribution License 3.0.
You also hereby grant each user of the Animasher Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Website and under these Terms of Use.
By submitting Submissions to Animasher, you represent and warrant to Animasher that you have the necessary rights and authority to upload the Submissions to Animasher and license it to the world under the Creative Commons Attribution License 3.0.
In connection with Submissions, you further agree that you will not submit material that:

• you do not have the right to post, including proprietary material of any third party;
• infringes any intellectual property or other right of any entity or person, including violating anyone"s copyrights or trademarks or their rights of publicity;
• advocates illegal activity or discusses an intent to commit an illegal act;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, offensive vulgar or indecent;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; or
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site.

Animasher reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Animasher nor any third party that provides Content to Animasher will assume or have any liability for any action or inaction by Animasher or such third party with respect to any Submission.

6. Disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ANIMASHER OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. ANIMASHER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANIMASHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

7. Limitation On Liability

IN NO EVENT SHALL ANIMASHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE WEBSITE WHATSOVER INCLUDING DAMAGES FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR 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 ANIMASHER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANIMASHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ANIMASHER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You will indemnify and hold Animasher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from and against all claims, damages, obligations, losses, liability, costs or debt, and expenses arising from (i) your use of and access to the Animasher website, (ii) any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use, or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys" fees of the Indemnified Parties in connection therewith." You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

9. Security

Animasher reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Animasher to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS ANIMASHER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANIMASHER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ANIMASHER OR LAW ENFORCEMENT AUTHORITIES.

10. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Sweden, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Sweden in connection with any dispute between you and Animasher arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the courts of Stockholm, Sweden. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Animasher may revise these Terms of Use at any time by updating this posting.

Last updated: 2008-05-26